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14 Jan 21. Norquist to serve as acting defense secretary; acting service secretaries named. David Norquist will serve as acting secretary of defense for the start of the Biden administration, Defense News has learned. The Biden team has decided that Norquist, the current deputy secretary of defense, is the best choice to keep the day-to-day operations of the Defense Department running while Lloyd Austin, the retired Army general who is President-elect Joe Biden’s choice to lead the department, awaits his confirmation from Congress.
Meanwhile, three current service officials will join Norquist in staying in the building; those officials serve in fiscal roles with their respective services:
- Thomas Harker, the Navy comptroller, will become acting Navy secretary.
- John Roth, the Air Force comptroller who has been serving as acting undersecretary for the service, will be acting Air Force secretary.
- John Whitley, the Army comptroller, will serve as acting Army secretary.
It’s commonplace for incoming administrations not to retain the previous administration’s service secretaries or undersecretaries, and retaining financial management leaders appears to be a move to help Biden complete a revised Defense Department budget for fiscal 2022. Norquist himself started as comptroller in the Pentagon, before being tapped in 2019 as deputy secretary of defense.
Under Title 10 (the federal law governing the armed forces), a confirmed deputy secretary automatically assumes the duties, responsibilities and authorities of the defense secretary during a defense secretary’s absence; however, there was speculation that the Biden team may be uncomfortable keeping a Trump political appointee in place given the pressures surrounding the military since the Jan. 6 attack on Congress.
Asked directly on Monday whether he would stay on if asked, Norquist declined to comment. But he described his view of the transition as one in which his job is to set up the next administration for success, something he said the Obama team did for him when he came in as comptroller, particularly with regard to planning for the Defense Department’s first-ever audit.
“For those of us who are political, we’re stepping onto a relay track, and when we’re part of a team, and somebody runs behind you and hands you the baton and then you get on the track and you run. But you know, at the end of the day you’re going to hand it to somebody else,” Norquist said. “And you need to hand it off in a way that is effective and coherent.
“What I want to do is to do for them what they did for me, which was to leave in place all the tools necessary in a sensible structure.”
A Pentagon spokesperson referred all questions to the Biden transition team; a spokesperson for the transition team declined comment. (Source: Defense News)
13 Jan 21. Bolstering US-Japan technology ties is key to deterring threats in Asia. A top security issue for the incoming Biden administration must be forging closer technology ties with Japan as a counterweight to the trinity of mutual adversaries we face in Asia.
The ascendancy of China combined with the technological know-how of Russia and the ever-mercurial North Korean regime present a combined threat that is increasingly destabilizing to the region and highly worrisome for both Washington and Tokyo. As a result, nurturing the U.S.-Japan relationship has never been more important.
President-elect Joe Biden and new Japanese Prime Minister Yoshihide Suga must find ways to improve the relationship and telegraph strength and cooperation to dissuade adversaries. One essential way to do this is for both countries to work closer on procurement of weapons and weapon systems.
The United States and Japan have traditionally worked well together on specific, one-off projects where Japanese companies have demonstrated expertise. For example, the anti-ballistic missile that shot down a mock North Korean intercontinental ballistic missile in November was a joint product of Raytheon and Mitsubishi Heavy Industries.
According to an April study by the Atlantic Council, other efforts that the two countries are working on together include unmanned systems, defense applications of artificial intelligence, hypersonic missiles and space technologies.
Where things can improve are in procurement of dual-use technologies. Japanese firms have many commercial off-the-shelf technologies with military applications, such as microelectronics and 5G, that are Pentagon priorities. But the ability to share these technologies has been limited due to export restrictions in both countries.
Both governments have been chipping away at these restrictions during the past few years by mitigating the bureaucratic hurdles that have inhibited greater cooperation.
First, under former Prime Minister Shinzo Abe, the Japanese government was increasingly willing to cooperate with the United States. This includes partially embracing the right to collective self-defense through increased technology transfers. His successor, Prime Minister Suga, seems intent on continuing this policy.
Next, the United States has been searching out and working with nontraditional partners in the technology community. One key to this effort has been the military’s use other transaction authority, a contracting tool to get around the Pentagon’s notoriously bureaucratic procurement policies and encourage dual-use innovators to work with the military. Under OTAs, the time it takes to develop prototypes of weapons and weapon systems is reduced from years to months.
In addition, Japan is rejiggering export rules for specific military needs. In one example of this, the Japanese government has asked its counterparts at the Pentagon to be more detailed about the technologies it is interested in so that Japan can change regulations blocking these transfers. The Pentagon in turn has removed barriers that allow Japanese companies to partner with U.S. firms on key, dual-use contracts.
Finally, U.S. policy is primed for a bilateral engagement on emerging technology with Japan. In October, the White House released the National Strategy for Critical and Emerging Technologies, and in December, it released its National Space Policy. Both strategies recognize the importance of international cooperation with trusted allies, such as Japan.
With legalities out of the way, it is now time for action.
On the U.S. side, the Biden administration’s incoming undersecretary of defense for acquisition and sustainment should instruct agencies that use OTAs to reach out to organizations, such as the Hawaii-based Pacific International Center for High Technology Research. These third parties should distribute targeted opportunities to U.S. OTA performers and their vetted Japanese technology partners.
On Japan’s side, the Suga government should instruct the Japan External Trade Organization to market these opportunities to Japanese innovators, particularly in the areas of space, hypersonics, trusted microelectronics and additive technologies. Japan’s Ministry of Economy, Trade and Industry should then issue the necessary export control waivers.
By forging greater technology ties with Japan, there is an opportunity to ensure access to the technology U.S. forces need for deterring and, if necessary, defeating any adversary. Such an alliance would ensure U.S. leadership in the Pacific. (Source: glstrade.com/Defense News)
13 Jan 21. DOD Releases Report on Defense Spending by State in Fiscal Year 2019. States and communities have a new tool to enhance national security and mission readiness, while making their economies stronger and more resilient. Today, the Department of Defense’s (DoD) Office of Local Defense Community Cooperation (formerly the Office of Economic Adjustment) released its Fiscal Year 2019 Defense Spending by State report to help states and communities better understand defense personnel and contract spending in their localities. This analysis helps state and local leaders assess a region’s dependence on defense spending and target assistance to support stronger communities and companies.
Defense spending rose in Fiscal Year 2019. DoD contract obligations and payroll spending in the 50 states and the District of Columbia increased by $64.3bn, or 19 percent, over the prior year. This was driven by a 19 percent increase in DoD contract obligations. Personnel spending in the 50 states and the District of Columbia increased by 4 percent.
DoD contract obligations and payroll spending in the 50 states and the District of Columbia totaled $550.9bn, which is 2.5 percent of the country’s gross domestic product (GDP). If the total spending were divided across every U.S. resident, it would amount to $1,678 per U.S. citizen. Of those funds, $403.9 bn (73 percent) were spent on contracts for products and services, while the remaining $146.9bn (27 percent) paid the salaries of DOD personnel.
California, Virginia, and Texas topped the list of recipients for overall defense spending. However, Virginia, Hawaii, and Alabama ranked highest when considering defense spending’s impact on their states’ GDP.
The top ten states for total Defense spending in Fiscal Year 2019 were:
RANK STATE DEFENSE SPENDING (billions)
- California $66.2
- Virginia $60.3
- Texas $54.8
- Florida $29.8
- Maryland $26.1
- Connecticut $19.7
- Pennsylvania $18.1
- Washington $17.8
- Alabama $16.0
- Massachusetts $15.8
West Virginia, Maine and Wisconsin had the largest increases in DoD spending from Fiscal Year 2018 to 2019. This was driven by large contracts to Northrop Grumman in West Virginia, General Dynamics in Maine, and Oshkosh Corp. and Fincantieri Marine Systems in Wisconsin. These contracts were related to rocket motor production, shipbuilding and military vehicle production. The top ten recipients of Defense contracts in Fiscal Year 2019 were:
RANK COMPANY DEFENSE SPENDING (billions)
- Lockheed Martin $45.6
- Boeing $25.7
- Northrop Grumman $19.5
- General Dynamics $18.6
- Raytheon $15.7
- United Technologies $10.3
- BAE Systems $7.3
- Huntington Ingalls $6.7
- Humana $6.7
- L3 Technologies $4.9
All ten companies were on this list in Fiscal Year 2018. United Technologies (47 percent), Northrop Grumman (41 percent), and General Dynamics (29 percent) had the largest year over year increases.
“The report compiled by the Office of Local Defense Community Cooperation can be a great tool to state and local officials,” said Ellen Lord, Under Secretary of Defense for Acquisition and Sustainment. “All of our work is aimed at supporting the National Defense Strategy and this report is key as we look to continue defense reform and modernization efforts.”
Patrick O’Brien, the Director of the Office of Local Defense Community Cooperation, states the report is an opportunity for governors and local officials to use its data to strengthen their defense presence and supply chains. Mr. O’Brien further indicates “state and local officials need to use this information to better understand the essential continuum of investments across people, equipment, weapons systems, real estate, and services required to maintain our National Defense. Across these areas, they should determine if there are opportunities to further develop workforce skills, enhance and improve innovativeness and buying power, and partner to strengthen the resilience of our installations and industrial base.”
Conducted between March and December 2020, the analysis primarily entailed an examination of DoDfunded prime- and sub-award contract data and defense personnel and payroll figures. Findings are drawn from an array of sources, including the DoD’s Defense Manpower Data Center and USAspending.gov, which is managed by the U.S. Department of the Treasury.
The FY19 report, as well as previous years’ reports, can be found on the OLDCC website at: https://oea.gov/defense-spending-state-fiscal-year-2019.(Source: US DoD)
13 Jan 21. Joint Chiefs Stress Service Members’ Commitment to Constitution. In an unprecedented message, the members of the Joint Chiefs of Staff told service members that the Jan. 6 assault on the Capitol was an attack on the Constitutional process of the nation.
U.S. service members swear an oath to “support and defend the Constitution against all enemies foreign and domestic.” The memo — signed by all eight members of the Joint Chiefs of Staff — stresses that commitment and the values behind it.
The memo, signed yesterday, said the actions in the Capitol “were inconsistent with the rule of law. The rights of freedom of speech and assembly do not give anyone the right to resort to violence, sedition and insurrection.”
As service members, we must embody the values and ideals of the nation. We support and defend the Constitution. Any act to disrupt the constitutional process is not only against our traditions, values and oath, it is against the law.”
Joint Chiefs of Staff memo
The memo stresses that the United States military “will obey lawful orders from civilian leadership, support civil authorities to protect lives and property, ensure public safety in accordance with the law, and remain fully committed to protecting and defending the Constitution of the United States against all enemies, foreign and domestic.”
The chiefs said the attack on the Capitol — as members of Congress were performing their constitutional duties of counting the votes of the Electoral College — was a direct assault on the constitutional process.
“As service members, we must embody the values and ideals of the nation,” the chiefs wrote. “We support and defend the Constitution. Any act to disrupt the constitutional process is not only against our traditions, values and oath, it is against the law. On January 20, 2021, in accordance with the Constitution, confirmed by the states and the courts, and certified by Congress, President-elect Biden will be inaugurated and will become our 46th commander in chief.”
The chiefs urged service members all around the world to “stay ready, keep your eyes on the horizon, and remain focused on the mission. We honor your continued service in defense of every American.”
The memo was signed by: Army Gen. Mark A. Milley, the chairman of the Joint Chiefs of Staff; Air Force Gen. John E. Hyten, the Joint Chiefs vice chairman; Army Chief of Staff Gen. James C. McConnville; Marine Corps Commandant Gen. David C. Berger; Chief of Naval Operations Adm. Michael M. Gilday; Air Force Chief of Staff Gen. Charles Q. Brown; Chief of Space Operations Gen. John W. Raymond; and Chief of the National Guard Bureau Army Gen. Daniel R. Hokanson.
Pentagon chief of staff Kash Patel told Fox News that the Defense Department is working to ensure a seamless transfer of power to the Biden administration.
“When it comes to the defense of the country, there is no honeymoon period granted by our enemies for a new administration’s learning curve,” Patel wrote. “That is why, as the department’s chief of staff and head of the transition, I ordered the DOD to fully cooperate with President-elect Joe Biden.”
The department stands ready to welcome Biden administration officials and will take part in protecting the Inauguration. The National Guard will help defend the ceremony with 15,000 troops deployed to Washington to uphold the Constitution and rule of law, Patel said.
“Here at the Department of Defense, we will ensure that the new leaders of the world’s most powerful military are fully prepared to assume the helm at noon [on] Jan. 20,” Patel wrote. “Along with the entire department, I wish them the utmost success and am grateful for their service to the country. I’m sure leading the brave men and women who wear the cloth of our nation will be the greatest honors of their lives, as it has been for me.” (Source: US DoD)
13 Jan 21. Cummings to serve as acting Pentagon acquisition head. Stacy Cummings, the acting deputy assistant secretary of defense for acquisition, will temporarily fill the department’s top acquisition office once Joe Biden becomes president, Defense News has learned.
Ellen Lord, the undersecretary for acquisition and sustainment, will step down on Jan. 20, with Cummings filling that role until the Biden administration can put its own Senate-confirmed individual into the role.
Cummings is a career member of the Senior Executive Service and previously held jobs at the Department of Transportation and the Department of the Navy. Over the summer, Cummings led the Joint Acquisition Task Force, which was the Defense Department’s interagency point of contact for dealing with COVID-19 procurement issues.
Lord, a former head of Textron Systems, was the longest-serving Senate-confirmed individual in the Pentagon under the Trump administration. During her tenure, she managed to avoid getting brought into the political fights that downed so many other department appointees, instead focusing on rewriting acquisition regulations in an attempt to streamline the department’s famously arcane processes.
However, the COVID-19 pandemic brought new focus on Lord, as her office quickly became a hub of production for much-needed goods and vaccines through the Defense Production Act. Over the summer, Democratic members of Congress criticized Lord’s office for using money from the Coronavirus Aid, Relief and Economic Security Act to support the defense industry.
It is expected that either Dyke Weatherington, who leads the acquisition and sustainment information and integration portfolio management office, or Gregory Kausner, the executive director for international cooperation, will serve as acting assistant secretary of defense for acquisition, the No. 2 job at the acquisition and sustainment office currently held by Kevin Fahey. (Source: glstrade.com/Defense News)
12 Jan 21. Lawsuit threatens $23bn weapons sale to UAE. A small, 2-year-old nonprofit think tank has taken a step that most advocacy organizations never dare try: It has sued the U.S. State Department to derail a $23bn arms sale to the United Arab Emirates.
In a legal claim announced last month, the New York Center For Foreign Policy Affairs asserted that the Trump administration failed to provide a reasonable explanation for its decision to sell F-35 fighter jets and other weapons to the UAE, which places it in breach of the Administrative Procedure Act. It has asked the U.S. District Court for the District of Columbia to find the sale invalid.
The case is unusual, as is the theory of the case, but so is the Trump administration’s approach to the sale, said Brittany Benowitz, a legal expert on human rights and arms trade.
Such legal challenges rarely succeed, but if this one does, it could halt the deal even if Washington and Abu Dhabi follow through with plans to sign contracts in the waning days of the Trump administration.
“If you can say this deal was executed improperly and the contractor was on notice of that, which they are, then I think you can say it’s possible to stop the sale before delivery,” Benowitz said.
The State Department declined to comment on the pending litigation, in line with its policy.
The new lawsuit against the State Department came after a failed attempt in Congress to block the sale of 50 Lockheed Martin-made F-35 aircraft, 18 General Atomics-made MQ–9B Reaper drones and Raytheon Technologies-made munitions.
The Senate narrowly rejected a challenge to the sale amid arguments from the administration that the sales would make the UAE more interoperable with partners and defend itself from “heightened threats from Iran.”
Opponents said the fast-tracked process was incomplete, leaving questions about the security of U.S. weapons technology, the potential of sparking a Middle Eastern arms race, and the potential for the weapons to be used in Yemen and Libya; these arguments were echoed in the lawsuit.
The State Department came under scrutiny for irregularities in a previous sale. Its inspector general, who was later fired, found that a separate “emergency” sale of $8bn in precision-guided bombs to Saudi Arabia and the UAE failed to “fully assess” or mitigate the risk of civilian casualties in Yemen.
To boot, Saudi Arabia and the UAE reportedly breached arms sale agreements with the U.S. by transferring American materiel to al-Qaida-linked fighters and other militant factions in Yemen. Lawmakers have also called for an an investigation into reporting that the UAE may have transferred American-made Javelin anti-armor missiles to the Libyan National Army in violation of a United Nations arms embargo.
“What we’re saying is that the State Department rushed this through without congressional oversight, they didn’t follow their own rules and they didn’t apply the same metrics that would guide approval to others,” said Justin Russell, the director of the New York Center For Foreign Policy Affairs. The organization conducts advocacy and research on the conflicts in Libya and Yemen.
“Congress tried to block [the sale] on the same merits and when that legislation failed, we said, ‘Wait a minute, we’ve got to stand up and do something.’”
The Administrative Procedure Act allows a court to “hold unlawful and set aside any agency action … found to be in arbitrary, capricious, an abseils of discretion or otherwise not in accordance with the law.”
Here, the lawsuit argues the State Department didn’t find, as required under the Arms Export Control Act, that the sale “will strengthen the security of the United States and promote world peace” ― or present “a reasoned explanation” for its actions as required by the Administrative Procedure Act.
In 2019, the Campaign Against the Arms Trade won a U.K. Court of Appeal ruling to ban new arms sales to Saudi Arabia. The government has since renewed sales, and CAAT applied for judicial review into the legality of the U.K. government’s decision to renew arms sales to Saudi Arabia.
In the U.S., there has not been a successful court case of targeting government-to-government sales in recent years, according to Benowitz. What’s also unusual about the New York Center For Foreign Policy Affairs’ approach is that it doesn’t rely on a human rights argument but rather points to aberrations in the process ― particularly past end-use violations that ought to have have disqualified the UAE, she said.
“There have been court challenges to arms sales in the past on human rights grounds, but this challenge on national security grounds under the Administrative Procedure Act is unprecedented,” she said. “It’s rare because we have never had a record of irregularities like the one we have now.”
By Benowitz’s reckoning, if a finalized deal is invalidated in the courts and it is found that the deal never should have been entered in the first place, its unlikely the U.S. could be penalized financially by the UAE.
“To get a remedy, or damages, under contract law, you have to have ‘clean hands,’ so it would be difficult for the Emiratis to recoup,” she said. (Source: Defense News)
12 Jan 21. US Navy rolls out new strategy for expanding Arctic operations. The U.S. Department of the Navy released details of a new strategy for operations in the Arctic as competition for resources among nations increases in the region.
Members of Alaska’s congressional delegation have expressed support for the increased focus on the Arctic, the Juneau Empire reported Saturday.
The Navy statement titled “A Blue Arctic” provides an outline of planned operational changes for the military’s sea services in and around Alaska, including the Navy, Coast Guard and Marine Corps.
The services will operate a full range of missions, adapt to Arctic operations and work with local and Indigenous communities to build regional security, the Navy said.
The Navy highlighted the regional strategy as receding sea ice blamed on climate change makes mineral and biological resources more accessible to nations that can exploit them.
Trade routes are expected to open, allowing access to shipping lanes previously closed by sea ice.
The U.S. and China have invested in expanded icebreaker fleets to support northern operations, while Russia has expended vast amounts of resources to modernize its northern fleet.
“The coming decades will witness significant changes to the Arctic Region,” the strategy statement said. “Encompassing about six percent of the global surface, a Blue Arctic will have a disproportionate impact on the global economy given its abundance of natural resources and strategic location.”
Republican U.S. Rep. Don Young of Alaska said in a statement that the U.S. must ensure its waters are navigable and the military has the necessary equipment and training “to keep the peace in a rapidly evolving climate.”
“We must remember that the United States is not the only country working to pursue new opportunities in the Arctic — our adversaries are as well,” Young said.
Republican U.S. Sen. Dan Sullivan of Alaska said in a statement that the Navy recognizes the critical importance his state has in the region.
While acknowledging the need to evolve U.S. forces in the region, the strategy “lacks some of the urgency needed to drive the development of critical capabilities that are required to effectively compete with our rivals in the Arctic,” Sullivan said.
Sullivan advocates further changes — including making Alaska the home port for one or more Coast Guard icebreakers.
“As the only Member of Congress from inside the Arctic Circle, I will continue doing all that I can to keep Alaska front and center in America’s Arctic strategy,” Young said. (Source: Defense News)
12 Jan 21. Here’s the latest on the US Navy’s new Constellation-class frigate. The U.S. Navy’s next-generation frigate, the Constellation class, is a do-or-die effort for the service and a critical test of its return to building ships around existing technologies rather than designing them around technologies in development.
In a roundtable with reporters Friday, Chief of Naval Operations Adm. Michael Gilday said the Constellation class will be the model for how the Navy designs and builds the next class of destroyer, the so-called DDG Next. And for that reason, the Navy has to get it right.
“I can’t afford for FFG(X) to be anything but coming off a world-class production line that produces a ship that we can count on,” Gilday told reporters in comments ahead of the annual Surface Navy Association symposium, using an acronym for the service’s future frigate. “That will also inform how we’re going to design and build DDG Next. Those have to be world-class efforts that deliver on time, on budget, with the right capacity, with the right capabilities that we need.”
The idea behind FFG(X) was to build a best-in-breed ship with all the latest technologies on a smaller platform for less money than it would cost to build a comparable number of Flight III DDGs. The ship will use a scaled-down version of the Flight III’s SPY-6 air and missile defense radar, a generational leap over the SPY-1 radar that makes up most of the surface combatant fleet today. The idea behind DDG Next will be to build a ship around a power source sufficient for electronic warfare and laser weapons of the future, which will place enormous and complicated demands on the ship’s power systems.
The Navy awarded the next-generation frigate to Fincantieri in April 2020, and it will be built at the Marinette Marine shipyard in Wisconsin, where the Lockheed Martin-designed Freedom-class littoral combat ship is being built.
As the Navy gets closer to beginning construction on the lead ship, USS Constellation, more details are coming into focus. Here is the latest information on the ship class and what the Navy expects to build:
Vital statistics:
- Cost: lead ship $1.28bn; follow-on ships between $850m and $950m in constant-year 2018 dollars.
- Length: 496 feet
- Beam: 65 feet
- Fully loaded displacement: 7,291 tons
- Propulsion: combined diesel-electric and gas
- Major engineering equipment: one gas turbine; two electric propulsion motors; four ship service diesel generators; one auxiliary propulsion unit
- Crew accommodation: 200
- Expected service life: 25 years
Armament:
- MK 110 57mm gun
- 32-cell MK 41 Vertical Launching System
- 16 Naval Strike Missiles
- MK 49 Guided Missile Launching System
- Four MK 53 MOD 9 Decoy Launching System
- Two AN-SLQ-32(V)6 Shipboard Electronic Warfare System
- One MH-60R Seahawk helicopter plus a UAV
- Aegis Baseline 10 Combat System
- AN/SPY-6(V3) Phased Array Radar
Timeline:
- Start of construction: first quarter of 2022
- Keel laid: first quarter of 2023
- Launch: first quarter of 2025
- Delivery: third quarter of 2026 (Source: Defense News)
10 Jan 21. Biden’s Defense nominee could get $1.7m as he leaves Raytheon. President-elect Joe Biden’s choice for U.S. defense secretary, retired General Lloyd Austin, stands to collect as much as $1.7m connected with leaving Raytheon Technologies Corp, an ethics disclosure showed on Sunday. Austin took a board seat with a predecessor to the weapons maker after retiring from the Army in 2016.
As part of his compensation, he was given stock in Raytheon and two companies that were spun off, Carrier Global Corp and Otis Worldwide Corp.
If he resigns to take the Biden administration job, some of that stock would be sold on his behalf. He pledged to fully divest from Raytheon within 90 days of his confirmation, Austin said in filings posted by the U.S. Office of Government Ethics. He also agreed to recuse himself from some decisions involving the company for a year.
The filings do not show exact amounts, only broad ranges of the value of the stock, from about $800,000 to around $1.7m.
The disclosures come as Biden puts increasing pressure on Congress to confirm his national security team as close to his Jan. 20 inauguration as possible. His transition planning was delayed by Republican President Donald Trump contesting the Democrat’s November election victory.
Austin has more hurdles than usual to being confirmed for the post. He needs both the approval of the Senate for the job as well as a separate congressional waiver since he retired from the military less than seven years ago.
Austin would be the second Pentagon chief in four years to need such a waiver, after Trump picked retired Marine general James Mattis to be his first defense secretary.
Some lawmakers are wary of granting such waivers, citing a need to maintain civilian control of the military. Austin’s role with businesses that seek contracts with the defense department also could give pause to some liberals among Democrats.
Austin headed the U.S. Central Command under President Barack Obama and would be the first Black defense secretary. (Source: Reuters)
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