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When a hurricane, wildfire, or flood overwhelms a community, the arrival of federal assistance often seems like a given. The legal and operational framework that makes this response possible is the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
Signed into law in its modern form in 1988, the Stafford Act is a pillar of the U.S. federal disaster response system. It’s designed to provide an orderly and systematic means of assistance when the resources of state, local, tribal, and territorial governments are insufficient to cope with the devastation.
At its core, the Stafford Act constitutes the primary statutory authority for most programs and actions of the Federal Emergency Management Agency. It empowers the President of the United States to declare that a major disaster or emergency exists, a step that unlocks a vast array of federal resources, technical assistance, and financial aid.
The Act’s stated purpose is to encourage states and localities to develop comprehensive disaster preparedness plans, foster better intergovernmental coordination, promote the use of insurance, and provide a structured system of federal programs to help communities and individuals recover from catastrophic losses.
History of U.S. Disaster Law
The structured, systematic approach to disaster relief defined by the Stafford Act is a relatively modern invention. For most of American history, federal involvement was inconsistent and rare, evolving slowly and often only in direct response to overwhelming tragedy.
The legislative history reveals a clear pattern: each major advancement in disaster law was a lesson learned from the failures exposed by a preceding catastrophe, gradually building the framework that exists today.
The Early Years (1803-1950)
The first instance of federal disaster legislation is widely considered to be the Congressional Act of 1803, which provided financial assistance to the town of Portsmouth, New Hampshire, following a devastating fire.
However, this act didn’t establish a standing policy. For the next 150 years, federal disaster relief was handled on an entirely ad-hoc basis. When a major disaster struck, Congress would have to pass a new, separate law specifically for that event. Between 1803 and 1950, this cumbersome process was repeated 128 times.
During this era, federal involvement wasn’t seen as a necessary obligation and was at times considered unconstitutional. The prevailing belief was that disaster relief and recovery were matters for private non-governmental organizations like the American Red Cross and state and local governments.
It wasn’t until after the Second World War, with the growing complexity of the nation and the emergence of new threats, that the federal government began to develop standing domestic disaster relief programs and a pool of resources to fund them.
Building a Foundation (1950-1974)
The modern era of disaster policy began with the Federal Disaster Act of 1950 (Public Law 81-875). This legislation was a landmark shift because it granted the President the authority to declare a “major disaster” and provide federal assistance without requiring a new act of Congress for each event.
It established the fundamental principle that federal aid was meant to supplement, not supplant, state and local efforts, requiring that states commit a reasonable amount of their own funds first. However, the 1950 Act was limited in scope. It authorized federal assistance primarily for the repair of public facilities and explicitly didn’t authorize aid for individuals or households.
Throughout the 1960s, a series of catastrophic events, including the 1964 Anchorage earthquake and Hurricane Betsy in 1965, highlighted the shortcomings of the existing framework. In response, Congress passed the Disaster Relief Act of 1966 (Public Law 89-769), which broadened federal assistance and improved the handling of large-scale disasters, including authorizing disaster loans at below-market rates.
A truly pivotal moment came in the wake of Hurricane Agnes in June 1972. The storm killed 122 people and caused billions in damage across the Eastern seaboard, exposing a critical gap in federal policy: the lack of direct assistance for individuals who had lost everything.
This tragedy directly led to the passage of the Disaster Relief Act of 1974 (Public Law 93-288). This act was revolutionary for two reasons. First, it created the first program to provide direct federal financial assistance to individuals and households. Second, it was the first federal legislation to formally incorporate disaster mitigation—efforts to reduce the impact of future disasters—into the recovery process.
Despite these advances, the 1974 Act created what has been described as an “uncoordinated tangle of agency responsibilities,” as it distributed authority across various federal agencies rather than creating a central coordinating body.
The Modern System (1979-1988)
The bureaucratic fragmentation of the 1970s, coupled with high-profile incidents like the Three Mile Island nuclear accident, created a clear need for a single, coordinating federal agency.
In 1979, President Jimmy Carter signed Executive Order 12148, which consolidated numerous disparate disaster-related functions from across the federal government into one new organization: the Federal Emergency Management Agency.
This centralization set the stage for the final major legislative step of the era. On November 23, 1988, President Ronald Reagan signed the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-707). This wasn’t an entirely new law but a comprehensive amendment and renaming of the Disaster Relief Act of 1974.
Named in honor of Vermont Senator Robert Stafford, a champion of a strong federal role in disaster response, the Act codified and refined the system that remains in place today. It solidified FEMA’s role as the lead coordinating agency and established the modern process whereby a presidential disaster declaration triggers a wide range of financial and physical assistance, marking the culmination of nearly four decades of legislative evolution.
The Presidential Declaration Process
The Stafford Act establishes a clear, formal process that must be followed before federal resources can be deployed. This process is built on the core principle of American federalism: disaster response is a tiered system that begins at the local level and escalates only when necessary.
When State Resources Are Overwhelmed
Federal assistance under the Stafford Act is designed to be supplementary, not primary. The entire declaration process is initiated only when a governor of a state or the chief executive of a federally recognized Indian tribal government determines that the severity and magnitude of an incident have overwhelmed their jurisdiction’s capabilities.
This determination is the critical first step that triggers the potential for federal intervention.
The Governor’s Request
The path to a presidential declaration follows a structured sequence:
Initial Response and Damage Assessment
Immediately following a disaster, local and state emergency responders are the first on the scene. As they manage the initial response, they begin to collect damage estimates.
If these initial reports suggest that the damage is beyond what the state and its local governments can handle, the governor requests that FEMA join them to conduct a joint Preliminary Damage Assessment. The PDA is a collaborative effort where federal, state, tribal, and local officials survey the affected areas to document the extent of the damage and estimate the potential cost of recovery.
Formal Request Submission
If the PDA confirms that the damage is severe enough to warrant federal aid, the governor submits a formal declaration request to the President through the appropriate FEMA Regional Office. This request is a detailed package that must be submitted within 30 days of the end of the incident.
It must demonstrate that state and local capabilities are exceeded and include the PDA results, data on state and local resources already expended, a map of the affected areas, and a clear outline of the types of federal assistance needed.
Presidential Decision
Once submitted, the governor’s request undergoes a multi-layered review process. It’s first analyzed by the FEMA Regional Office for programmatic and legal compliance, which then makes a recommendation to the FEMA Regional Administrator.
The request and regional recommendation are forwarded to FEMA Headquarters in Washington, D.C., for another review, culminating in a final recommendation from the FEMA Administrator to the President. The President of the United States has the sole and final authority to review the request and the agency’s recommendation and to decide whether to approve or deny the declaration, thereby authorizing the flow of federal disaster assistance.
Emergency vs. Major Disaster Declarations
The Stafford Act authorizes the President to issue two distinct types of declarations, each with different triggers and scopes of assistance. Understanding the difference between an “Emergency Declaration” and a “Major Disaster Declaration” is key to understanding how the federal government tailors its response to the specific needs of an event.
| Feature | Emergency Declaration | Major Disaster Declaration |
|---|---|---|
| Definition | Any occasion or instance where federal assistance is needed to save lives, protect property, or lessen the threat of a catastrophe | Any natural event (hurricane, tornado, storm, fire, flood, etc.) causing damage of such severity that it is beyond the combined capabilities of state and local governments |
| Trigger | Can be issued upon detecting a threat, even before an event makes landfall, to help pre-position resources and support state and local response efforts | Requested by a governor or tribal chief after an event has occurred and has already overwhelmed state and local capacity |
| Scope of Aid | More limited. Typically authorizes Public Assistance (PA) for debris removal and emergency protective measures. Individual Assistance (IA) is authorized only in rare cases | Authorizes a wider and more comprehensive range of federal assistance, including the full suite of Public Assistance, Individual Assistance, and Hazard Mitigation programs |
| Hazard Mitigation | Does not authorize long-term hazard mitigation assistance designed to reduce losses from future disasters | Authorizes the Hazard Mitigation Grant Program (HMGP) to fund long-term, large-scale risk reduction projects across the entire state |
| Example Use Case | Declared for a hurricane approaching the coast to pre-position resources; the 2023 lead-in-water crisis in Benton Harbor, MI; or to supplement state efforts to combat the West Nile virus | Declared after a major earthquake, widespread flooding, or a catastrophic hurricane like Ian; also used for the nationwide COVID-19 pandemic response |
What the Stafford Act Provides
Once a Presidential declaration is made, the Stafford Act authorizes FEMA to deliver assistance through three main categories of programs: Public Assistance, Individual Assistance, and Hazard Mitigation. Each is designed to address a different aspect of the recovery process.
Public Assistance: Helping Communities Rebuild
The Public Assistance program provides grants to help communities recover from the damage inflicted on their infrastructure. It’s not aid for individuals but for public and certain non-profit entities.
Who Is Eligible
The primary recipients of PA grants are state, local, tribal, and territorial governments. Certain Private Nonprofit organizations that provide essential public services—such as educational institutions, hospitals, and utilities—are also eligible to apply for assistance.
Emergency Work (Categories A & B)
This work is focused on immediate response needs and is available under both Emergency and Major Disaster declarations. It’s generally expected to be completed within six months.
Category A: Debris Removal – This is often one of the most visible and costly aspects of recovery. PA reimburses applicants for the costs of collecting, removing, and disposing of wreckage from public roads and property. In certain cases where it’s deemed to be in the public interest to eliminate immediate threats to public health and safety, FEMA may also fund debris removal from private property.
Category B: Emergency Protective Measures – This category funds actions taken to save lives, protect public health, and prevent further damage to property. Examples include search and rescue operations, providing food and water, setting up emergency shelters, sandbagging to prevent flooding, and providing emergency medical care.
Permanent Work (Categories C-G)
This work is focused on long-term recovery and is only available following a Major Disaster Declaration. It involves repairing, restoring, or replacing disaster-damaged facilities and is generally expected to be completed within 18 months. The categories include:
- Category C: Roads and bridges
- Category D: Water control facilities, such as dams, levees, and canals
- Category E: Buildings and equipment, including their contents
- Category F: Utilities, such as power, water, and communication systems
- Category G: Parks, recreational facilities, and other public infrastructure
The Cost-Share Model
Public Assistance is delivered on a cost-sharing basis. The standard model requires the federal government, through FEMA, to cover at least 75% of the eligible costs. The remaining 25% is the responsibility of the non-federal entity (typically the state or local government).
The President retains the discretion to increase the federal cost share, often up to 90% or even 100% for catastrophic events, to alleviate the financial burden on severely impacted communities.
Individual Assistance: Direct Support for Survivors
While Public Assistance rebuilds communities, Individual Assistance provides a lifeline directly to the people affected by a disaster. IA programs are designed to help individuals and households with uninsured or under-insured necessary expenses and serious needs.
The Individuals and Households Program
This is the core program of Individual Assistance, providing financial help and direct services. It’s not a substitute for insurance and isn’t intended to cover all losses, but rather to meet basic needs and help jump-start recovery. IHP is divided into two main categories:
Housing Assistance – This can include grants for temporary housing, such as rental assistance or reimbursement for hotel costs, if a primary residence is uninhabitable. It can also provide funds for essential repairs to an owner-occupied home to make it safe, sanitary, and functional. In rare cases where rental properties are unavailable, FEMA may provide temporary housing units.
Other Needs Assistance (ONA) – This provides financial assistance for other uninsured or under-insured disaster-caused needs. This can include replacing essential personal property, medical and dental expenses, funeral costs, childcare, and transportation expenses related to the disaster.
Additional IA Programs
A Major Disaster Declaration can activate several other crucial IA programs to address a wider range of survivor needs:
Disaster Unemployment Assistance (DUA) – Provides temporary unemployment benefits to individuals who have lost their jobs as a direct result of the disaster and are not eligible for regular state unemployment insurance.
Crisis Counseling Assistance and Training Program – Funds community-based outreach and mental health services to help survivors cope with the stress and trauma of a disaster.
Disaster Legal Services – In partnership with the American Bar Association, this program provides free legal assistance to low-income individuals for disaster-related issues, such as insurance claims, landlord-tenant problems, or replacing lost legal documents.
Disaster Case Management – Connects survivors with a case manager who helps them develop a long-term recovery plan and navigate the complex web of available resources from various agencies and non-profits.
How to Apply
Citizens in designated disaster areas can apply for Individual Assistance through several channels. The primary method is online through DisasterAssistance.gov.
Applicants can also apply by calling the FEMA Helpline at 1-800-621-FEMA (3362) or by visiting a Disaster Recovery Center in person. DRCs are temporary facilities set up in affected communities where survivors can get information, ask questions about their case, and access services from FEMA, the Small Business Administration, and other state and voluntary agencies.
Hazard Mitigation Grant Program: Breaking the Cycle
Perhaps the most forward-looking component of the Stafford Act is the Hazard Mitigation Grant Program. Authorized under Section 404 of the Act, HMGP’s purpose is to provide funding for long-term projects that reduce or eliminate the risk to life and property from future natural disasters. Instead of simply rebuilding what was lost, mitigation aims to build back stronger and smarter.
How It Works
HMGP funds become available statewide after the President issues a Major Disaster Declaration. The amount of funding available is calculated as a percentage of the total federal assistance provided for that disaster. States with a FEMA-approved “Enhanced” mitigation plan can receive a higher percentage, incentivizing proactive planning.
To be eligible for funding, a project must be cost-effective, meaning that the long-term savings from reduced future damages are projected to be greater than the initial cost of the project.
Success Stories
The impact of mitigation is most clearly seen when a community that has invested in these projects is tested by a subsequent disaster.
Poquoson, Virginia – The coastal city of Poquoson was devastated by storm surge during Hurricane Isabel in 2003. In the years that followed, the city used a combination of funds, including HMGP, to elevate 567 homes. In 2009, a Nor’easter brought nearly identical flood levels to the city. The result was a stunning success: none of the 567 elevated homes reported any flood damage, demonstrating a clear and quantifiable return on the mitigation investment.
Sonoma County, California – Along the flood-prone Russian River, Sonoma County used HMGP funding to elevate approximately 290 residences above the 100-year flood level. A loss avoidance study conducted after a 2019 flood event calculated that these elevations had prevented over $73 million in damages.
Whitestown, New York – For decades, the town of Whitestown suffered from chronic flooding from Sauquoit Creek. Using mitigation grants, the town implemented a comprehensive plan that included restoring natural floodplains, expanding culverts, stabilizing streambanks, and acquiring and demolishing the most frequently flooded homes. These actions have provided a long-term solution to a persistent problem.
Programs at a Glance
| Program | Purpose | Primary Recipients | Key Examples of Assistance |
|---|---|---|---|
| Public Assistance (PA) | To help communities respond to and recover from disasters by funding the repair of public infrastructure | State, local, tribal, and territorial governments; certain private non-profits | Debris removal; repair of roads, bridges, public buildings, and utilities; emergency protective measures (e.g., shelters, evacuations) |
| Individual Assistance (IA) | To provide direct financial and other services to individuals and households affected by a disaster | Individuals, families, and households | Temporary housing/rental assistance; grants for home repairs and personal property; disaster unemployment; crisis counseling |
| Hazard Mitigation Grant Program (HMGP) | To fund long-term projects that reduce a community’s vulnerability to future disasters | State, local, tribal, and territorial governments | Elevating homes in floodplains; property acquisition (buyouts); retrofitting buildings for seismic safety; building floodwalls |
How Major Events Have Reshaped the Act
The Stafford Act is not a static document. It has been repeatedly amended and reinterpreted in response to major disasters that revealed its limitations and highlighted the need for change. Three events in particular—Hurricane Katrina, the 2017 hurricane and wildfire season, and the COVID-19 pandemic—have profoundly reshaped the law and its application.
The Post-Katrina Emergency Management Reform Act
The landfall of Hurricane Katrina in August 2005 and the subsequent catastrophic flooding of New Orleans was a watershed moment for American emergency management. The slow and inadequate federal response exposed profound organizational deficiencies within FEMA and critical gaps in the Stafford Act’s framework.
The disaster laid bare the particular challenges faced by vulnerable populations, including the elderly, individuals with disabilities, and those with pets, who were often left behind in the chaotic evacuation.
In response to this national failure, Congress passed the Post-Katrina Emergency Management Reform Act of 2006. This sweeping legislation significantly reorganized FEMA, granting it more robust authority, a clearer preparedness mission, and direct access to the Secretary of Homeland Security.
PKEMRA also made several key amendments to the Stafford Act to address the specific lessons learned from Katrina:
Needs of At-Risk Populations
The Act mandated the creation of a Disability Coordinator within FEMA and required that all aspects of emergency management—from planning and evacuation to sheltering and recovery—take into account the specific needs of individuals with disabilities, the elderly, and those with limited English proficiency.
Pets and Service Animals
Images of people refusing to evacuate because they couldn’t take their pets, and of animals left stranded, prompted the passage of the Pets Evacuation and Transportation Standards (PETS) Act. This law amended the Stafford Act to require state and local emergency preparedness plans to account for the needs of individuals with household pets and service animals. It authorizes FEMA to provide funding for the rescue, care, and sheltering of these animals during a disaster.
The Disaster Recovery Reform Act of 2018
The 2017 disaster season was one of the most destructive and costly in U.S. history, with Hurricanes Harvey, Irma, and Maria and devastating wildfires in California straining the nation’s response capabilities.
This series of events prompted Congress to pass the Disaster Recovery Reform Act of 2018, the most comprehensive set of amendments to the Stafford Act since PKEMRA.
The primary goal of the DRRA was to shift the nation’s focus from a reactive, post-disaster recovery model to a proactive approach centered on pre-disaster mitigation and building community resilience. It sought to break the costly cycle of “destroy, rebuild, repeat” by investing in stronger infrastructure before a disaster strikes.
| Provision | Pre-DRRA Status | Post-DRRA Change (Key Provisions) | Impact & Significance |
|---|---|---|---|
| Pre-Disaster Mitigation Funding | The Pre-Disaster Mitigation (PDM) program was funded by inconsistent annual congressional appropriations, making long-term planning difficult | Created the Building Resilient Infrastructure and Communities (BRIC) program, funded by a reliable 6% set-aside from the Disaster Relief Fund after major disasters | Provides a stable, predictable funding stream for states and communities to invest in mitigation before a disaster strikes, breaking the reliance on post-disaster funding |
| Rebuilding Standards | Public Assistance funds were generally limited to rebuilding damaged facilities to their pre-disaster design and the codes in effect at the time of the disaster | Authorizes PA funding to rebuild facilities to the latest published editions of relevant consensus-based codes and standards, not just the ones in place when the facility was damaged | Encourages building back stronger and more resilient infrastructure, reducing the likelihood of repeat damage in future events |
| Management Costs | Administrative costs for recipients and subrecipients were handled under complex and varied rules, creating a significant burden | Consolidated and standardized reimbursement rates for management costs, providing up to 12% for PA and 15% for HMGP grants, allocated between recipients and subrecipients | Simplifies the grant management process and provides more predictable funding for the administrative burden of recovery, shifting accountability to state and local levels |
| Dispute Resolution | The appeals process for funding disputes was limited to FEMA’s internal review system, which applicants often saw as biased | Established a right of arbitration with the independent Civilian Board of Contract Appeals for PA disputes exceeding $500,000, providing an external review mechanism | Gives state and local governments a new, independent avenue for resolving complex financial disputes with FEMA, increasing transparency and fairness |
The COVID-19 Pandemic
The COVID-19 pandemic presented a novel challenge that tested the flexibility of the Stafford Act in an unprecedented way. In March 2020, for the first time in history, major disaster declarations were issued for all 50 states, the District of Columbia, and five territories in response to a public health crisis.
This was a significant development because an infectious disease is not explicitly listed in the Act’s definition of a “major disaster.”
Under these declarations, the Stafford Act was used to authorize a massive federal response. The primary form of assistance was Public Assistance for Emergency Protective Measures (Category B). This funding reimbursed state, local, tribal, and territorial governments for a wide range of pandemic-related costs, including:
- The purchase and distribution of personal protective equipment (PPE) like masks and gloves
- The establishment and operation of community-based COVID-19 testing sites
- Enhanced cleaning and disinfection of public facilities
- The mobilization of the National Guard to support logistical operations
- Providing emergency medical care and setting up temporary medical facilities
The pandemic also saw the President use the discretionary authority granted by the Stafford Act to authorize a 100% federal cost share for all eligible COVID-19 work for a specified period, removing the financial burden on state and local governments during the height of the crisis.
This historic application of the Act demonstrated its capacity to adapt to non-traditional, nationwide threats, though it also sparked debate about the appropriate scope and use of federal disaster authorities.
Criticisms and Challenges
While the Stafford Act provides a necessary foundation for national disaster response, it’s a system under increasing strain. Decades of implementation have revealed significant shortcomings, and the escalating threat of climate change is raising fundamental questions about its long-term viability.
Critics and scholars point to issues of bureaucratic inefficiency, inequitable outcomes, and a reactive design that is ill-suited for the challenges of the 21st century.
Bureaucratic Delays
One of the most persistent criticisms of the Stafford Act is that its implementation is often slow, cumbersome, and overly bureaucratic. The formal, top-down declaration process, while designed to ensure orderly procedure, can lead to significant delays in getting aid to communities in their most desperate hours.
The “rigidity of the Act and its voluminous amendments,” as one recovery group noted after Hurricane Katrina, can “handcuff” federal agents and slow down the delivery of assistance.
The framework can result in uncoordinated and sometimes duplicative efforts among the vast network of federal, state, local, and non-profit actors involved in a recovery. The focus on navigating highly prescriptive federal funding rules can divert attention and resources away from developing locally-driven recovery strategies that reflect the actual needs of the community.
Inequitable Outcomes
A growing body of research and analysis suggests that the implementation of Stafford Act programs can worsen pre-existing social and economic inequalities. Low-income communities and communities of color, which are often located in areas most vulnerable to disaster impacts, frequently face systemic barriers to accessing federal aid and are the least able to recover after a disaster strikes.
This inequity manifests in several ways. For example, FEMA’s assistance for home repairs is often based on the assessed value of the damage, which can result in wealthier homeowners in higher-value areas receiving more aid than lower-income homeowners in less affluent areas, even for similar levels of damage. This dynamic can widen the wealth gap between communities post-disaster.
Additionally, administrative requirements, such as proving property ownership or navigating complex application processes, can disproportionately exclude renters, those with unclear property titles, and individuals with limited access to technology or transportation.
While the Stafford Act contains one of the broadest nondiscrimination provisions in federal law—explicitly prohibiting discrimination based on race, color, religion, nationality, sex, age, disability, English proficiency, and economic status—its power has been limited. Federal courts have generally interpreted this provision to apply only to cases of intentional discrimination, making it difficult for survivors to bring legal challenges against programs that have a disparate, but not intentionally discriminatory, impact on protected groups.
The Climate Change Challenge
The most profound challenge facing the Stafford Act today is the escalating climate crisis. The Act was designed in an era when major disasters were seen as rare, random, and unpredictable events. Its entire framework is fundamentally reactive, designed to provide assistance after a disaster has already occurred.
This reactive posture is increasingly viewed as unsustainable and inadequate in a world of more frequent and severe climate-driven disasters, such as stronger hurricanes, more intense wildfires, and more extreme flooding.
Critics argue that the current system creates a perverse incentive cycle of “destroy, rebuild, repeat.” The availability of federal disaster relief, combined with subsidized flood insurance, can encourage and enable rebuilding in high-risk areas like coastlines and floodplains, often without incorporating stronger, more resilient measures. This perpetuates a costly cycle where taxpayers repeatedly fund the reconstruction of properties that are highly likely to be damaged again.
This has led to a growing call from legal scholars, climate scientists, and policy experts for a fundamental paradigm shift in U.S. disaster law. They argue that the nation must move away from a system focused primarily on post-disaster response and recovery and toward a proactive framework that prioritizes pre-disaster mitigation, climate resilience, and, in some cases, managed retreat from the most vulnerable areas.
The challenge is not merely to get better at responding to disasters, but to fundamentally reduce the nation’s exposure and vulnerability to them in the first place.
This necessary evolution is complicated by a deep conflict within disaster policy itself. The public demand for a speedy recovery often runs directly counter to the complex, deliberative processes required to ensure an equitable distribution of aid and to implement long-term resilience measures.
Rebuilding quickly often means rebuilding in the same vulnerable places and using the same methods as before, which undermines resilience. Taking the time to properly address the unique needs of marginalized communities or to engineer more robust infrastructure can slow down the visible pace of recovery, creating political pressure.
Navigating these difficult trade-offs—between the immediate need for speed, the moral imperative for equity, and the strategic necessity of resilience—is the central challenge for the future of the Stafford Act and American disaster policy.
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