BPLA (Contents)
Budget Process Law Annotated (1993)
Balanced Budget and Emergency Deficit Control Act of 1985
[PAGES 643-657]
[Editorial note: Because of its length, the notes for this section are placed after each subsection.]
SEC. 258B.1711 FLEXIBILITY Among DEFENSE PROGRAMS, PROJECTS, AND ACTIVITIES.
(a) Subject to subsections (b), (c), and (d), new budget authority1712 and unobligated balances for any programs, projects, or activities within major functional [p. 644] category 050 (other than a military personnel account1713 may be further reduced beyond the amount specified in an order issued by the President under section 254 for such fiscal year. To the extent such additional reductions are made and result in additional outlay1714 reductions, the President may provide for lesser reductions in new budget authority and unobligated balances for other programs, projects, or activities within major functional category 050 for such fiscal year, but only to the extent that the resulting outlay increases do not exceed the additional outlay reductions, and no such program, project, or activity may be increased above the level actually made available by law in appropriation Acts (before taking sequestration1715 into account). In making calculations under this subsection, the President shall use account outlay rates that are identical to those used in the report by the Director of OMB1716 under section 254.
1711. Section 258B is codified at 2 U.S.C. § 907c (Supp. IV 1992). Section 13101(g) of the Budget Enforcement Act of 1990 added section 258B. See infra p. 706. For legislative history of section 258B, see infra note 1729 (at the end of this section).
1712. Section 250(c)(1) (see supra p. 440) defines “budget authority” and “new budget authority” at least in part by reference to the definitions of section 3(2) of the Congressional Budget Act of 1974. See supra pp. 11-13.
1713. Section 250(c)(11) defines “account”. See supra p. 445.
1714. Section 250(c)(1) (see supra p. 440) defines “outlays” at least in part by reference to the definition of section 3(1) of the Congressional Budget Act of 1974. See supra p. 11.
1715. Section 250(c)(2) defines “sequestration”. See supra p. 440.
1716. Section 250(c)(15) defines “OMB” to mean “the Director of the Office of Management and Budget”. See supra p. 446.
(b) No actions taken by the President under subsection (a) for a fiscal year may result in a domestic base closure or realignment that would otherwise be subject to section 2687 of title 10, United States Code.
[The BPLA did not include notes for this subsection.]
(c) The President may not exercise the authority provided by this paragraph for a fiscal year unless—
(1) the President submits a single report to Congress specifying, for each account,1717 the detailed changes proposed to be made for such fiscal year pursuant to this section; 1718
[P. 645]
(2) that report is submitted within 5 calendar days of the start of the next session of Congress; and
(3) a joint resolution affirming or modifying the changes proposed by the President pursuant to this paragraph becomes law.
1717. Section 250(c)(11) defines “account”. See supra p. 445.
1718. On the evening of October 19, 1989, the President submitted to the Majority Leader of the Senate (before the Senate had recessed for the day) and to the Majority Leader of the House of Representatives (after the House had recessed for the day) what the President characterized as “an alternative sequester report” under the predecessor to this section. The “report”, in full, was as follows:
Alternative Sequester Report for the Department of Defense for Fiscal Year 1990
To provide for flexibility among defense programs, projects, and activities, the amount of transfer authority available to the Secretary of Defense pursuant to Section 8014 of the Department of Defense Appropriations Act, 1989, as made available by the Joint Resolution making continuing appropriations for the fiscal year 1990, or any comparable provision subsequently enacted for fiscal year 1990, is proposed to be established at $6,000,000,000, effective upon enactment of a joint resolution approving this report.
On October 20,1989, the Majority Leader introduced, by request, the joint resolution approving the “report” (S. J. Res. 219, 101st Cong., 1st Sess., 135 Cong. Rec. S13,825 (daily ed. Oct. 20, 1989)), reserving judgment as to whether the “report” complied with the requirements for that report set forth in section 252(c)(2). 135 Cong. Rec. S13,825 (daily ed. Oct. 20, 1989) (statement of Sen. Mitchell).
On October 27, 1989, the fifth calendar day after the date of introduction of the joint resolution, the Senate failed to discharge the Appropriations Committee of the joint resolution. Representatives of the Budget and Appropriations Committees had argued that, because it did not indicate what “programs, projects, and activities” were affected, the President’s submission did not constitute a “report” within the meaning of the statute and was thus not entitled to the procedural protections afforded by this section, including discharge from the Appropriations Committee. The Senate’s failure to discharge appears to reflect the Parliamentarian’s belief that the report did not fulfill the statutory requirements.
(d) Within 5 calendar days of session after the President submits a report to Congress under subsection (c)(1) for a fiscal year, the majority leader of each House of Congress shall (by request) introduce a joint resolution which contains provisions affirming the changes proposed by the President pursuant to this paragraph.
[The BPLA did not include notes for this subsection.]
(e)(1) The matter after the resolving clause in any joint resolution introduced pursuant to subsection (d) shall be as follows: “That the report of the President as submitted on [Insert Date] under section 258B is hereby approved.”.
[P. 646]
(2) The title of the joint resolution shah be “Joint resolution approving the report of the President submitted under section 258B of the Balanced Budget and Emergency Deficit Control Act of 1985.”.
(3) Such joint resolution shall not contain any preamble.
[The BPLA did not include notes for this subsection.]
(f)(1) A joint resolution introduced in the Senate under subsection (d) shall be referred to the Committee on Appropriations, and if not reported within 5 calendar days (excluding Saturdays, Sundays, and legal holidays) from the date of introduction shall be considered as having been discharged therefrom and shall be placed on the appropriate calendar pending disposition of such joint resolution in accordance with this subsection. In the Senate, no amendment1719 proposed1720 in the Committee on Appropriations shall be in order other than an amendment (in the nature of a substitute) that is germane1721 or relevant1722 to the provisions of the [p. 647] joint resolution or to the order issued under section 254. For [p. 648] purposes of this paragraph, an amendment shall be considered to be relevant if it relates to function 050 (national defense).
(2) On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is placed on the Senate calendar, notwithstanding any rule or precedent of the Senate, including Rule XXII of the Standing Rules of the Senate, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the joint resolution. The motion is not in order after the eighth calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after such joint resolution is placed on the appropriate calendar. The motion is not debatable. The joint resolution is privileged in the Senate. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the Senate shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the Senate until disposed of.
1719. An amendment is subject to points of order under the Congressional Budget Act of 1974 even if the Senate has specified by unanimous consent that the amendment is one of the amendments in order and the yeas and nays have been ordered. Cf. supra note 295 (regarding section 303(a)).
1720. Section 8003(e) of the Omnibus Budget Reconciliation Act of 1987 substituted the word “proposed” here for the word “made” to reflect the fact that, in this context, committees merely propose amendments, while the Senate acts on them. Pub. L. 100-203, § 8003(e), 101 Stat. 1330, 1330-282 (1987).
1721. For a discussion of germaneness, see supra note 352.
1722. The test of relevance of amendments is broader than the germaneness test; it is a subject matter test, and amendments that deal with the subject matter of the bill are in order if they do not contain any significant matter not dealt with in the bill. 131 Cong. Rec. S16,503 (1985); Senate Precedent PRL19851123-002 (Nov. 23, 1985). In the precedent of November 23,1985, the Majority Leader (Senator Dole of Kansas) attempted to obtain a unanimous consent agreement on S. 1884, a bill to amend the Farm Credit Act of 1974, which proposed that amendments be germane. Id. The following colloquy took place:
Mr. Baucus. I wonder if the majority leader would agree to change the consent agreement to allow the Senator from Montana to offer an amendment regardless of its germaneness.
Mr. Dole. Madam President, I ask unanimous consent that substitute amendments be in order and limited to 20 minutes provided they are relevant to the subject matter.
Mr. Baucus. Reserving the right to object, Madam President, a parliamentary inquiry. I wonder what the difference between germaneness and relative to the subject matter would be. What is the difference between the two?
The Presiding Officer (Mrs. Kassebaum of Kansas). Relevance is broader than germaneness, it is a subject matter test.
Mr. Baucus. A further parliamentary inquiry. That means if the Senator from Montana has an amendment which has something to do with farm credit legislation, it would be in order under this agreement?
The Presiding Officer. As long as it deals with the subject of the farm credit bill before us.
Id.
Senator Harkin of Iowa then addressed additional questions to the Chair regarding the relevancy test:
Mr. Harkin. As I understand the modification just mentioned by the distinguished majority leader, we could offer amendments that dealt with the subject matter. My concern is that I may have an amendment which goes broader than just the Farm Credit System. It will deal with farm credit but it may go beyond the bill itself, which talks basically or only about the Farm Credit System itself.
The Presiding Officer. It would not be relevant if it does contain any significant matter that is not dealt with in the farm credit legislation.
Mr. Harkin. So, Madam President, if I had an amendment that dealt with farm credit that applied both to the Farm Credit System and to, let us say, private lenders or private banks, would that be in order under the modification mentioned by the majority leader?
The Presiding Officer. If private lenders and private banks are not dealt with in the original bill, it would not be in order.
[p. 648]
(g)(1) In the Senate, debate on a joint resolution introduced under subsection (d), amendments debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between the majority leader and the minority leader (or their designees).
(2) A motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. In the Senate, a motion to recommit the joint resolution is not in order.
[The BPLA did not include notes for this subsection.]
[p. 649]
(h)(1) No amendment1723 that is not germane1724 or relevant1725 to the provisions of the joint resolution or to the order issued under section 254 shall be in order in the Senate. For purposes of this paragraph, an amendment shall be considered to be relevant if it relates to function 050 (national defense). In the Senate, an amendment, any amendment to an amendment, or any debatable motion or appeal is debatable for not to exceed 30 minutes to be equally divided between, and controlled by, the mover and the majority leader (or their designees), except that in the event that the majority leader favors the amendment, motion, or appeal, the minority leader (or the minority leader’s designee) shall control the time in opposition to the amendment, motion, or appeal.
(2) In the Senate, an amendment that is otherwise in order shall be in order notwithstanding the fact that it amends the joint resolution in more than one place or amends language previously amended, so long as the amendment makes or maintains mathematical consistency. It shall not be in order in the Senate to vote on the question of agreeing to such a joint resolution or any amendment thereto unless the figures then contained in such joint resolution or amendment are mathematically consistent.
(3) It shall not be in order in the Senate to consider any amendment to any joint resolution introduced under subsection (d) or any conference report thereon if such amendment or conference report would have the effect of decreasing any [p. 650] specific budget outlay1726 reductions below the level of such outlay reductions provided in such joint resolution unless such amendment or conference report makes a reduction in other specific budget outlays at least equivalent to any increase in outlays provided by such amendment or conference report.
(4) For purposes of the application of paragraph (3), the level of outlays1727 and specific budget outlay reductions provided in an amendment shall be determined on the basis of estimates made by the Committee on the Budget of the Senate. 1728
1723. An amendment is subject to points of order under the Congressional Budget Act of 1974 even if the Senate has specified by unanimous consent that the amendment is one of the amendments in order and the yeas and nays have been ordered. Cf. supra note 295 (regarding section 303(a)).
1724. For a discussion of germaneness, see supra note 352.
1725. For a discussion of relevance, see supra note 1722.
1726. Section 250(c)(1) (see supra p. 440) defines “outlays” at least in part by reference to the definition of section 3(1) of the Congressional Budget Act of 1974. See supra p. 11.
1727. Section 250(c)(1) (see supra p. 440) defines “outlays” at least in part by reference to the definition of section 3(1) of the Congressional Budget Act of 1974. See supra p. 11.
1728. This subsection reflects the normal scorekeeping convention that Congress turns to its Budget Committees to assess the costs of legislation.[1] See also section 201(g) of the Congressional Budget Act of 1974, supra p. 32; section 302(g) of the Congressional Budget Act of 1974, supra p. 105; section 310(d)(4) of the Congressional Budget Act of 1974, supra p. 172; section 311(c) of the Congressional Budget Act of 1974, supra p. 194; and section 313(e) of the Congressional Budget Act of 1974, supra p. 228.
(i) Immediately following the conclusion of the debate on a joint resolution introduced under subsection (d), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, and the disposition of any pending amendments under subsection (h), the vote on final passage of the joint resolution shall occur.
[The BPLA did not include notes for this subsection.]
(j) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (d) shall be decided without debate.
[The BPLA did not include notes for this subsection.]
(k) In the Senate, points of order under titles III and IV of the Congressional Budget Act of 1974 (including points of order under sections 302(c), 303(a), 306, and 401(b)(1)) are [p. 651] applicable to a conference report on the joint resolution or any amendments in disagreement thereto.
[The BPLA did not include notes for this subsection.]
(l) If, before the passage by the Senate of a joint resolution of the Senate introduced under subsection (d), the Senate receives from the House of Representatives a joint resolution introduced under subsection (d), then the following procedures shall apply:
(1) The joint resolution of the House of Representatives shall not be referred to a committee.
(2) With respect to a joint resolution introduced under subsection (d) in the Senate—
(A) the procedure in the Senate shall be the same as if no joint resolution had been received from the House; but
(B)(i) the vote on final passage shall be on the joint resolution of the House if it is identical to the joint resolution then pending for passage in the Senate; or
(ii) if the joint resolution from the House is not identical to the joint resolution then pending for passage in the Senate and the Senate then passes the Senate joint resolution, the Senate shall be considered to have passed the House joint resolution as amended by the text of the Senate joint resolution.
(3) Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the joint resolution originated in the Senate.
[The BPLA did not include notes for this subsection.]
(m) If the Senate receives from the House of Representatives [p. 652] a Joint resolution introduced under subsection (d) after the Senate has disposed of a Senate originated Joint resolution which is identical to the House passed Joint resolution, the action of the Senate with regard to the disposition of the Senate originated Joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the Joint resolution of the House as amended by the text of the Senate joint resolution.1729
[Note #729 spans PP. 652-657.]
1729. Section 13101(g) of the Budget Enforcement Act of 1990 added section 258B. See infra p. 706. The drafters of the Budget Enforcement Act of 1990 based section 258B on the provisions of section 252(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 as it existed before enactment of the Budget Enforcement Act of 1990. (Section 13101(a) of the Budget Enforcement Act of 1990 repealed the old section 252(c). See infra p. 701.) Before enactment of the Budget Enforcement Act of 1990, section 252(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 read as follows:
(c) Proposal of Alternatives by the President.—
(1) in general.—A message transmitted pursuant to subsection (a)(5) with respect to a fiscal year may be accompanied by a proposal setting forth in full detail alternative ways to reduce the deficit for such fiscal year in an amount not less than the deficit reduction required under section 251(a)(3) for such fiscal year.
(2) Flexibility among defense programs, projects, and activities.—
(A) Subject to subparagraphs (B), (C), and (D), and subsection (d), new budget authority and unobligated balances for any programs, projects, or activities within major functional category 050 (other than a military personnel account) may be further reduced beyond the amount specified in an order issued by the President under subsection (b)(1) for such fiscal year. To the extent such additional reductions are made and result in additional outlay reductions, the President may provide for-lesser reductions in new budget authority and unobligated balances for other programs, projects, or activities within major functional category 050 for such fiscal year, but only to the extent that the resulting outlay increases do not exceed the additional outlay reductions, and no such program, project, or activity may be increased above the level actually made available by law in appropriation Acts (before taking sequestration into [p. 653] account). In making calculations under this subparagraph, the President shall use account outlay rates that are identical to those used in the report by the Director of OMB under section 251(c)(2).
(B) No actions taken by the President under subparagraph (A) for a fiscal year may result in a domestic base closure or realignment that would otherwise be subject to section 2687 of title 10, United States Code.
(C) The President may not exercise the authority provided by this paragraph for a fiscal year unless—
(i) the President submits a single report to Congress specifying changes proposed to be made for such fiscal year pursuant to this paragraph; and
(ii) a joint resolution affirming or modifying the changes proposed by the President pursuant to this paragraph becomes law.
(D) Within 5 calendar days of session after the President submits a report to Congress under subparagraph (C)(i) for a fiscal year, but before November 25, 1987, for fiscal year 1988 or, in the case of any subsequent fiscal year, before October 20 of such fiscal year, the majority leader of each House of Congress shall (by request) introduce a joint resolution which contains provisions affirming the changes proposed by the President pursuant to this paragraph.
(E)(i) The matter after the resolving clause in any joint resolution introduced pursuant to subparagraph (D) shall be as follows: That the report of the President as submitted on [Insert Date] under section 252(c)(2)(C)(i) is hereby approved.
(ii) The title of the joint resolution shall be “Joint resolution approving the report of the President submitted under section 252(c)(2)(C)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.”.
(iii) Such joint resolution shall not contain any preamble.
(F)(i) A joint resolution introduced in the House of Representatives under subparagraph (D) shall be referred to [p. 654] the Committee on Appropriations, and if not reported within 5 calendar days (excluding Saturdays, Sundays, and legal holidays) from the date of introduction shall be considered as having been discharged therefrom and shall be placed on the appropriate calendar pending disposition of such joint resolution in accordance with this subsection.
(ii) A joint resolution introduced in the Senate under subparagraph (D) shall be referred to the Committee on Appropriations, and if not reported within 5 calendar days (excluding Saturdays, Sundays, and legal holidays) from the date of introduction shall be considered as having been discharged therefrom and shall be placed on the appropriate calendar pending disposition of such joint resolution in accordance with this subsection. In the Senate, no amendment proposed in the Committee on Appropriations shall be in order other than an amendment (in the nature of a substitute) that is germane or relevant to the provisions of the joint resolution or to the order issued under section 252(b)(1) insofar as they relate to major function 050 (national defense).
(iii) On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is placed on the appropriate calendar, notwithstanding any rule or precedent of the Senate, including Rule 22 of the Standing Rules of the Senate, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived, except for points of order under titles III and IV of the Congressional Budget Act of 1974. The motion is not in order after the eighth calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after such joint resolution is placed on the appropriate calendar. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, [p. 655] order, or other business, and the joint resolution remains the unfinished business of the respective House until disposed of.
(G)(i) In the Senate debate on a joint resolution introduced under subparagraph (D), amendments thereto, and all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between the majority leader and the minority leader (or their designees). In the House, general debate on a joint resolution introduced under subparagraph (D) shall be limited to not more than 4 hours which shall be equally divided between the chairman of the Committee on Appropriations and the ranking minority member of such committee.
(ii) A motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or agreed to is not in order. In the Senate, a motion to recommit the joint resolution is not in order. In the House, a motion further to limit debate is in order and not debatable. In the House, a motion to recommit, with or without instructions is in order.
(H)(i) In the House of Representatives, an amendment and any amendment to an amendment is debatable for not to exceed 30 minutes to be equally divided between the proponent of the amendment and a Member opposed thereto.
(ii) No amendment that is not germane or relevant to the provisions of the joint resolution or to the order issued under section 252(b)(1) insofar as they relate to major function 050 (national defense) shall be in order in the Senate. In the Senate, an amendment, any amendment to an amendment, or any debatable motion or appeal is debatable for not to exceed 30 minutes to be equally divided between the majority leader and the minority leader (or their designees).
(iii) In the Senate, an amendment that is otherwise in order shall be in order notwithstanding the fact that it amends the joint resolution in more than one place or amends language previous amended. It shall not be in order in the Senate to vote on the question to [p. 656] such a joint resolution or any amendment thereto unless the figures then contained in such joint resolution or amendment are mathematically consistent.
(iv) It shall not be in order in the Senate to consider any amendment to any joint resolution introduced under subparagraph (D) or any conference report thereon if such amendment or conference report would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided in such joint resolution unless such amendment or conference report makes a reduction in other specific budget outlays at least equivalent to any increase in outlays provided by such amendment or conference report.
(v) For purposes of the application of clause (iv), the level of outlays and specific budget outlay reductions provided in an amendment shall be determined on the basis of estimates made by the Committee on the Budget of the Senate.
(I) Immediately following the conclusion of the debate on a joint resolution introduced under subparagraph (D), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, and the disposition of any amendments under subparagraph (H) (except in the House of Representatives for the motion to recommit and the disposition of any amendment proposed in a motion to recommit which has been adopted), the vote on final passage of the joint resolution shall occur.
(J) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution described in subparagraph (D), shall be decided without debate.
(K) In the Senate, points of order under titles III and IV of the Congressional Budget Act of 1974 (including points of order under sections 302(c), 303(a), 306, and 401(b)(1)) are applicable to a conference report on the joint resolution or any amendments in disagreement thereto.
(L) If, before the passage by the Senate of a joint resolution of the Senate introduced under subparagraph (D), [p. 657] the Senate receives from the House of Representatives a joint resolution introduced under subparagraph (D), then the following procedures shall apply:
(i) The joint resolution of the House of Representatives shall not be referred to a committee.
(ii) With respect to a joint resolution introduced under subparagraph (D) in the Senate—
(I) the procedure in the Senate shall be the same as if no joint resolution had been received from the House; but
(II)(aa) the vote on final passage shall be on the joint resolution of the House if it is identical to the joint resolution then pending for passage in the Senate; or
(bb) if the joint resolution from the House is not identical to the joint resolution then pending for passage in the Senate and the Senate then passes it, the Senate shall be considered to have passed the joint resolution as amended by the text of the Senate joint resolution.
(iii) Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the joint resolution originated in the Senate.
(M) If the Senate receives from the House of Representatives a joint resolution introduced under subparagraph (D) after the Senate has disposed of a Senate originated joint resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution.
COUNSEL NOTES
[1] The Budget Enforcement Act of 1997 amended section 312 of the Congressional Budget Act of 1974 to clarify that the Committees on the Budget had the authority to provide authoritative guidance as to budgetary levels of legislation. Section 312(a) includes the following:
… the levels of new budget authority, outlays, direct spending, new entitlement authority, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as applicable.
In addition, clause 4 of rule XXIX of the House Rules provides additional authority to the Chairman of the House Budget Committee to provide such guidance.
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