Notice2024-09967
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 15, 2024
Issuing agencies
Defense Department
Abstract
In accordance with the Privacy Act of 1974, the DoD is establishing a new system of records covering all DoD components titled, "Military Human Resource Records," DoD-0020. This system of records describes DoD's collection, use, and maintenance of records about members of the armed services, including active duty, reserve, and guard personnel. Records support Department requirements and individual Service members' careers, through the collection and management of personnel and employment data. This information includes individual's pay and compensation, education, assignment history, grade/rank and promotion determinations, separation and retirement actions, performance information, awards, and career milestones. Additionally, DoD is issuing a Notice of Proposed Rulemaking, which proposes to exempt this system of records from certain provisions of the Privacy Act, elsewhere in today's issue of the Federal Register.
Full Text
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<title>Federal Register, Volume 89 Issue 95 (Wednesday, May 15, 2024)</title>
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[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42459-42463]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09967]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2024-OS-0050]
Privacy Act of 1974; System of Records
AGENCY: Department of Defense (DoD).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is
establishing a new system of records covering all DoD components
titled, ``Military Human Resource Records,'' DoD-0020. This system of
records describes DoD's collection, use, and maintenance of records
about members of the armed services, including active duty, reserve,
and guard personnel. Records support Department requirements and
individual Service members' careers, through the collection and
management of personnel and employment data. This information includes
individual's pay and compensation, education, assignment history,
grade/rank and promotion determinations, separation and retirement
actions, performance information, awards, and career milestones.
Additionally, DoD is issuing a Notice of Proposed Rulemaking, which
proposes to exempt this system of records from certain provisions of
the Privacy Act, elsewhere in today's issue of the Federal Register.
DATES: This system of records is effective upon publication; however,
comments on the Routine Uses will be accepted on or before June 14,
2024. The Routine Uses are effective at the close of the comment
period.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
* Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and
[[Page 42460]]
Transparency, Regulatory Directorate, 4800 Mark Center Drive, Attn:
Mailbox 24, Suite 08D09, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the internet
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Privacy, Civil
Liberties, Division, Directorate for Privacy, Civil Liberties and FOIA,
Office of the Assistant to the Secretary of Defense for Privacy, Civil
Liberties, and Freedom of Information, Department Defense, 4800 Mark
Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700;
<a href="/cdn-cgi/l/email-protection#723d21365c3622313e2636321f131b1e5c1f1b1e"><span class="__cf_email__" data-cfemail="79362a3d573d293a352d3d391418101557141015">[email protected]</span></a>; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is establishing the Military Human Resource Records, DoD-0020
as a DoD-wide Privacy Act system of records. A DoD-wide system of
records notice (SORN) supports multiple DoD paper or electronic
recordkeeping systems operated by more than one DoD component that
maintain the same kind of information about individuals for the same
purpose. The establishment of DoD-wide SORNs helps DoD standardize the
rules governing the collection, maintenance, use, and sharing of
personal information in key areas across the enterprise. DoD-wide SORNs
also reduce duplicative and overlapping SORNs published by separate DoD
components. The creation of DoD-wide SORNs is expected to make locating
relevant SORNs easier for DoD personnel and the public and create
efficiencies in the operation of the DoD privacy program.
This system covers the military human resource records of Service
members across the DoD enterprise, with the exception of the U.S. Coast
Guard, wherever they are maintained. These records include finance-
related documents and non-service related documents that the Military
Services have deemed necessary to store. The system consists of both
electronic and paper records and will be used by DoD components and
offices to maintain records about personnel management and compensation
provided to Service members. These records include information
pertaining to most aspects of a Service member's career, including
accessions/enlistments (joining), assignments, work history, pay and
benefits, separation, and retirement. (Note that Service member
training records are maintained in the DoD-0005, Defense Training
Records system of records, Dec. 28, 2020, 85 FR 84316). The primary
purposes behind this system of records are: supporting manning
requirements, determining organizational structure and distribution of
personnel, providing logistics and support to the population,
budgeting, and other human resource actions necessary to successfully
meet DoD's operational readiness and assigned missions.
DoD SORNs have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or at the
Defense Privacy, Civil Liberties, and Freedom of Information
Directorate website at <a href="https://dpcld.defense.gov">https://dpcld.defense.gov</a>.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, DoD has provided a report of this
system of records to the OMB and to Congress.
Dated: May 2, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Military Human Resource Records, DoD-0020.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Department of Defense (Department or DoD), located at 1000 Defense
Pentagon, Washington, DC 20301-1000, and other Department
installations, offices, or mission locations. Information may also be
stored within a government-certified cloud, implemented and overseen by
the Department's Chief Information Officer (CIO), 6000 Defense
Pentagon, Washington, DC 20301-6000.
SYSTEM MANAGER(S):
The system managers are as follows:
A. Deputy Assistant Secretary of Defense for Military Policy,
Office of the Under Secretary of Defense (Personnel & Readiness),
Deputy Under Secretary of Defense for Manpower and Reserve Affairs,
4000 Defense Pentagon, Washington DC 20301-4000, <a href="/cdn-cgi/l/email-protection#53243b203e307e323f362b7d3620377d3e312b7d3c20377e39207e353c3a327e2136222636202736217e203621253a30367e30363d273621133e323a3f7d3e3a3f"><span class="__cf_email__" data-cfemail="186f706b757b3579747d60367d6b7c36757a6036776b7c35726b357e777179356a7d696d7d6b6c7d6a356b7d6a6e717b7d357b7d766c7d6a587579717436757174">[email protected]</span></a>.
B. Department of the Army, Deputy Chief of Staff for Personnel
(DCS, G1), 300 Army Pentagon, Room 2E446, Washington, DC 20310-0300;
tel: (703) 697-8060.
C. Department of the Air Force, Deputy Chief of Staff for Manpower,
Personnel and Services (A1), Pentagon, 1040 Air Force, Room 4E168,
20330; tel: (703) 697-6090.
D. Department of the Navy, Deputy Chief of Naval Operations
(Manpower Personnel, Training, and Education), N1/Chief of Naval
Personnel, 701 South Courthouse Road, Arlington, VA 22204; tel: (703)
604-2863.
E. Marine Corps Manpower and Reserve Affairs (M&RA), 3280 Russell
Rd, Quantico, VA 22134-5103; tel: (703) 784-9012.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. Subtitle A, Part I, Organization and General Military
Powers; 10 U.S.C. Subtitle A, Part II, Personnel, Chapters 31 through
80; 10 U.S.C. Part III, Training and education, Chapters 101 through
113; 10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 115, Personnel
strengths: requirement for annual authorization; 10 U.S.C. 115a, Annual
defense manpower profile report and related reports; 10 U.S.C. 117,
Readiness reporting system; 10 U.S.C. 122, Official registers; 10
U.S.C. 123, Authority to suspend officer personnel laws during war or
national emergency; 10 U.S.C. 123a, Suspension of end-strength and
other strength limitations in time of war or national emergency; 10
U.S.C. 123b, Forces stationed abroad: limitation on number; 10 U.S.C.
125, Functions, powers, and duties: transfer, reassignment
consolidation, or abolition; 10 U.S.C. 129a, General policy for total
force management; 10 U.S.C. 129c, Medical personnel: limitations on
reductions; 10 U.S.C. 130b, Personnel in overseas, sensitive, or
routinely deployable units: nondisclosure of personally identifying
information; 10 U.S.C. 136, Under Secretary of Defense for Personnel
and Readiness; 10 U.S.C. Chapter 36, Promotion, Separation, and
Involuntary Retirement of Officers on the Active-Duty List; 10 U.S.C.
Subtitle E, Part III: Promotion and Retention of Officers in the
Reserve Active-Status List; 10 U.S.C. 7013, Secretary of the Army; 10
U.S.C.
[[Page 42461]]
8013, Secretary of the Navy; 10 U.S.C. 9013; Secretary of the Air
Force; 37 U.S.C. 101-1015, Pay and Allowances of the Uniformed
Services; 38 U.S.C. Veterans' Benefits Parts I-IV; 10 U.S.C. Chapter
47, Uniform Code of Military Justice; 50 U.S.C. Chapter 49, Military
Selective Service; 32 CFR part 47, Active Duty Service for Civilian or
Contractual Groups; DoD Instruction (DoDI) 1332.14, Enlisted
Administrative Separations; DoDI 1332.30, Commissioned Officers
Administrative Separations; DoDI 1336.01, Certificate of Uniformed
Service (DD Form 214/5 Series); DoDI 1336.05, Automated Extract of
Active Duty Military Personnel Records; DoDI 1336.08, Military Human
Resource Records Life Cycle Management; and Executive Order 9397 (SSN).
PURPOSE(S) OF THE SYSTEM:
A. To manage the Military Service workforce, and its operational
readiness and assigned mission goals.
B. To support Department and Component force and manning
requirements (i.e., size and composition of the force) and
organizational structure (i.e., distribution of the force) to meet
operational and logistics readiness needs.
C. To document, manage, track, carry out, and oversee a variety of
personnel and human resource actions concerning Military Service
members, such as promotions; determining status, eligibility, and
Service member rights and benefits; and computing length of service.
D. To serve as the basic source of factual data (for example: duty
titles, duty locations, performance reports, promotion determinations,
administrative actions, etc.) about an individual's Military Service
from entrance through separation or retirement.
E. To give legal force and effect to personnel and human resources
transactions and establish rights and benefits under pertinent laws and
regulations governing the military Services.
F. To ensure appropriate accounting and payment of an individual's
pay, leave, or benefits (both during and following separation or
retirement from service) while affiliated with the Department of
Defense.
G. To support Department funding and fiscal planning requirements,
financial reporting, and associated analytical tasks for Department and
Component financial, business, and operational needs.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All current and former members of the armed services, including the
National Guard and Reserve; other individuals whose civilian or
contract service to the U.S. Armed Forces is recognized as active
military service for Department of Veterans Affairs benefits purposes.
Note 1: Human resource records concerning U.S. Military Academy
Cadets, Army Reserve Officers' Training Corps contracted Cadets,
Officer Candidates, and Enlisted basic trainees are not covered under
this system of records until they transition to active, Guard, or
Reserve duties. Once the individual has transitioned, those records
will be incorporated within this system of records.
Note 2: Records in this system of records may also include
information about other individuals who are not covered by the system,
such as spouse, dependents, or supporting caregivers for the Military
Service member.
Note 3: Human resource records for members of the U.S. Coast Guard
are covered under the Department of Homeland Security SORN, DHS/USCG-
014 Military Pay and Personnel.
CATEGORIES OF RECORDS IN THE SYSTEM:
The information required to be maintained in standard military
human resource records is defined by DoD policy and any pertinent
Service-specific regulations. The records include military human
resource information and/or data related to a Service member's career.
The specific contents of a Service member's records will vary based on
the events of their career. The type of information generally
maintained in the military human resources records include the
following:
A. Personal Information including: Name, DoD ID number. Social
Security Number (SSN), addresses, phone numbers, email addresses, date
and place of birth, sex, gender, dependent and family member
information, biometric information, citizenship, race and ethnic
origin, sponsorship and beneficiary information, other biographical
information, casualty documentation and funeral preference, religious
preference, foreign language skills, to include cultural expertise, and
regional proficiency.
B. Service Information including: date and type of enlistment/
appointment, rank/specific job code/branch of service, duty position,
organization, previous assignments, work contact information,
performance information (behavior, discipline related information, and
conduct data), promotions, decorations and awards, education and
certifications, skill identifiers, readiness and deployment health
data, retention data, separation and retirement related information (to
include requests for waivers related to foreign government employment
and benefits from foreign governments), and security clearance
information.
C. Financial Information including: Pay, wage, benefits, earnings
and allowances, additional pay (bonuses, special and incentive pays),
allotments and other withholdings, such as taxes withheld/paid, debts,
and retirement contributions, banking information, leave balances and
leave history.
Note 4: Service member training and certification records are
covered by the DoD-0005 Defense Training Records system of records.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from:
A. Military Service members, Human Resource personnel, supervisory
personnel.
B. Federal, foreign, State, local and other government agencies.
C. All DoD databases flowing into or accessed through the following
integrated data systems, environments, applications, and tools: Defense
Finance and Accounting Services financial business feeder systems,
Defense Manpower Data Center including the Defense Eligibility
Enrollment System, Defense Readiness Reporting System (DRRS) enterprise
(including DRRS-Strategic and DRRS-Army Database), Defense Personnel
Records Information Retrieval System (DPRIS), Integrated Personnel and
Pay System--Army, Air Force Integrated Personnel and Pay System,
Electronic Military Personnel System, Marine Corps Total Force System.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as amended, all or a portion of the
records or information contained herein may specifically be disclosed
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the federal government when
necessary to accomplish an agency function related to this system of
records.
[[Page 42462]]
B. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
C. To any component of the Department of Justice for the purpose of
representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
pertinent.
D. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
E. To the National Archives and Records Administration for the
purpose of records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
G. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms a breach of the system of records; (2) the DoD
determines as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the DoD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the DoD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
H. To another Federal agency or Federal entity, when the DoD
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
I. To another Federal, State or local agency for the purpose of
comparing to the agency's system of records or to non-Federal records,
in coordination with an Office of Inspector General in conducting an
audit, investigation, inspection evaluation, or other review as
authorized by the Inspector General Act of 1978, as amended.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
K. To the appropriate Federal, State, local, tribal, territorial,
foreign, or other public authority in the event of a natural or manmade
disaster to (i) provide leads to assist in locating missing individuals
or assist in determining the health and safety of the individual and
(ii) to assist in identifying victims and locating any surviving next
of kin.
L. To other Federal, State, local, tribal, and territorial
government agencies when such data is required in the performance of
official duties (e.g., military service and benefits determination,
compensation, Service member and family support, certifications,
credentials, or licensing). Recipient agencies and entities may include
but are not limited to the Office of Personnel Management, Social
Security Administration, Selective Service Agencies, Department of
Veterans Administration, Department of Labor, the Federal Aviation
Administration, the Red Cross, and Federally Funded Research and
Development Centers.
M. To U.S. military banking facilities (MBFs) for the purpose of
obtaining financial services as established by the Department of the
Treasury under statutory authority that is separate from State or
Federal laws that govern commercial banking.
N. To designated officers and employees of Federal, State, local,
territorial, tribal, international, or foreign agencies in connection
with the hiring or retention of an employee, the conduct of a
suitability or security investigation, the letting of a contract, or
the issuance of a license, grant or other benefit by the requesting
agency, to the extent that the information is relevant and necessary to
the requesting agency's decision on the matter and the Department deems
appropriate.
O. To foreign or international law enforcement, security, or
investigatory authorities to comply with requirements imposed by, or to
claim rights conferred in, international agreements and arrangements,
including those regulating the stationing and status in foreign
countries of DoD military and civilian personnel.
P. To appropriate Federal, State, local, territorial, tribal,
foreign, or international agencies for the purpose of
counterintelligence activities authorized by U.S. law or Executive
Order, or for the purpose of executing or enforcing laws designed to
protect the national security or homeland security of the United
States, including those relating to the sharing of records or
information concerning terrorism, homeland security, or law
enforcement.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. Electronic records
may be stored locally on digital media; in agency-owned cloud
environments; or in vendor Cloud Service Offerings certified under the
Federal Risk and Authorization Management Program (FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by the Service member's full name and/or
DoD ID number, or Social Security Number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
A. Military records of current active, Reserve, or Guard members
are maintained in imaged record systems operated by each of the
Military Services.
B. Records of inactive Service members are transferred to the
National Archives and retained as permanent records 62 years after the
Service member's discharge, retirement, or death in service.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DoD safeguards records in this system of records according to
applicable rules, policies, and procedures, including all applicable
DoD automated systems security and access policies. DoD policies
require the use of controls to minimize the risk of compromise of
personally identifiable information (PII) in paper and electronic form
and to enforce access by those with a need to know and with appropriate
clearances. Additionally, DoD has established security audit and
accountability policies and procedures which support the safeguarding
of PII and detection of potential PII incidents. DoD routinely employs
safeguards such as the following to information systems and paper
recordkeeping systems: Multifactor log-in authentication including CAC
authentication and password; physical token as required; physical and
technological access
[[Page 42463]]
controls governing access to data; network encryption to protect data
transmitted over the network; disk encryption securing disks storing
data; key management services to safeguard encryption keys; masking of
sensitive data as practicable; mandatory information assurance and
privacy training for individuals who will have access; identification,
marking, and safeguarding of PII; physical access safeguards including
multifactor identification physical access controls, detection and
electronic alert systems for access to servers and other network
infrastructure; and electronic intrusion detection systems in DoD
facilities.
RECORD ACCESS PROCEDURES:
A. For information on active duty, retired and non-unit reserve
personnel: Individuals are encouraged to use the Standard Form (SF)
180, Request Pertaining to Military Records, to obtain information from
military service records. Individuals should complete the SF-180 and
send it to the appropriate records custodian as listed on the final
page of the SF-180.
Alternatively, individuals may address written inquiries to the DoD
component with oversight of the records, as the component has Privacy
Act responsibilities concerning access, amendment, and disclosure of
the records within this system of records. The public may identify the
contact information for the appropriate DoD office through the
following website: <a href="http://www.FOIA.gov">www.FOIA.gov</a>. Signed written requests should contain
the name and number of this system of records notice along with the
full name, SSN, DoD ID number or service identification number if
applicable, current address, telephone number, and signature. In
addition, the requester must provide either a notarized statement or an
unsworn declaration made in accordance with 28 U.S.C. 1746, in the
appropriate format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
B. For information on discharged and deceased personnel:
Individuals must use the form SF-180, Request Pertaining to Military
Records, to obtain information from military service records in the
National Personnel Records Center (NPRC) (Military Personnel Records)
through the submission of an SF-180 or an online records request
system. Online requests may be submitted to the NPRC by a veteran or
deceased veteran's next-of-kin using eVetRecs at <a href="http://www.archives.gov/veterans/military-service-records/">http://www.archives.gov/veterans/military-service-records/</a>.
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records, contesting contents, and
appealing initial agency determinations are contained in 32 CFR part
310.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system of records should follow the
instructions for Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The DoD has exempted records maintained in this system from 5
U.S.C. 552a(c)(3), (d)(1)-(4), (e)(1), (e)(4)(G), (H), and (I), and (f)
of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1) and (k)(7). In
addition, when exempt records received from other systems of records
become part of this system, the DoD also claims the same exemptions for
those records that are claimed for the prior system(s) of records from
which they were a part and claims any additional exemptions set forth
here. An exemption rule for this system has been promulgated in
accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3),
and (c), and published in 32 CFR part 310.
HISTORY:
None.
[FR Doc. 2024-09967 Filed 5-14-24; 8:45 am]
BILLING CODE 6001-FR-P
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