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Copyright 1999 Federal Document Clearing House, Inc.  
Federal Document Clearing House Congressional Testimony

September 16, 1999

SECTION: CAPITOL HILL HEARING TESTIMONY

LENGTH: 10214 words

HEADLINE: TESTIMONY September 16, 1999 ALLEN I BERGMAN ASSOCIATE PROFESSOR OF PEDIATRICS SENATE HEALTH, EDUCATION, LABOR & PENSIONS CHILDRENS HEALTH

BODY:
Testimony on Children's Health: Protecting Our Most Precious Resource In Support of Reauthorization of The Traumatic Brain Injury Act of 1999 Respectfully submitted to United States Senate Committee on Health, Education, Labor and Pensions Subcommittee on Public Health September 16, 1999 Allan 1. Bergman President and CEO Brain Injury Association, Inc. INTRODUCTION My name is Allan Bergman. I am the President and Chief Executive Officer of the Brain Injury Association, a position I have been privileged to hold since October 1998. The mission of our Association is to create a better future through brain injury prevention, research, education and advocacy. I am pleased to be here today to speak with you. Traumatic Brain Injury is a major national Public Health problem. I also will be testifying in favor of a five-year Reauthorization of the Traumatic Brain Injury Act of 1996. The Association was founded in 1980 by a group of family members of persons who had sustained a traumatic brain injury (TBI). During the past 19 years the association (formerly the National Head Injury Foundation) has grown from a small family-based organization to a broad- based organization representing persons with brain injuries and their families, clinical practitioners, researchers and advocates. Today BIA represents 43 chartered state affiliates across the Nation and is the only national association which advocates on behalf of the estimated 5.3 million children and adults living with moderate to severe disabilities as the consequences of a traumatic brain injury and their families. As a professional in disability and health policy, I am distressed to report to you that persons with TBI represent the most unserved and underserved population within the disability field. A DOUBLE -EDGE SWARD: FEWER TBI FATALITIES, MORE SURVIVORS The founding of the association in 1980 was primarily the result of advances in medical trauma care and access to emergency medical technology. Many of the persons who sustained a traumatic brain injury, whose family members came together in 1980 for information and mutual support, probably would not have lived had their trauma occurred IO or more years earlier. Even today there is both good news and bad news in the data reported by the Centers for Disease Control and Injury Prevention (CDC). We all are very elated when we read that the number of fatalities from auto crashes, for example, is down during the past decade. We rejoice that the use of seat belts and air bags are making a difference, as we should. And we should do more. On the other hand, we need to recognize that some of the persons whose injuries would have been fatal are now children and adults living with long term disability attributable to traumatic brain injury. For them and their families, we must do more, much more! Public funds have generated a large portion of the medical research and standards for trauma care and centers throughout this Nation. The Federal Government must commit public funds as an investment into the development and stabilization of long term community service and support systems for the estimated 5.3 million children and adults who have survived their trauma with long term disability from a traumatic brain injury. -Moreover, the federal government must take the lead in funding research into outcome based, cost-effective treatment and recovery, community reintegration, family support and community long term supports for this growing and very large population of Americans. TRAUMATIC BRAIN INJURY The TBI Act defines Traumatic Brain Injury as an insult to the brain, not of a degenerative or congenital nature but caused by an external physical force, that may produce a diminished or altered state of consciousness, which results in an impairment of cognitive abilities or physical functioning. TBI can also result in the disturbance of behavioral or emotional functioning. The long term disabilities and functional impairments from TBI can include: (1) Physical impairments such as: seizures of all types; muscle spasticity; double vision or low vision, even blindness; speech impairments such as slow or slurred speech; hearing loss; fatigue, increased need for sleep-, and balance problems. (2) Cognitive impairments such as: short term or long term memory loss; slowed ability to process information; trouble concentrating or paying attention for periods of time; difficulty keeping up with a conversation or other communication difficulties such as problems finding the correct words spatial disorientation; organizational problems and impaired judgment; and inability to do more than one thing at a time. (3) Psychosocial, behavioral or emotional impairments such as: a lack of initiating activities, or once started, difficulty in completing tasks without reminders; increased anxiety; depression and mood swings; denial of deficits; impulsive behavior; lowered self esteem; sexual dysfunction; and excessive laughing or crying. INCIDENCE AND PREVALENCE OF TBI According to the most recent data from the Centers for Disease Control and Injury Prevention, it is now estimated that there are 5.3 million children and adults living with the consequences of sustaining a traumatic brain injury in the United States. This number represents nearly 2 percent population. TBI does not discriminate. It can happen to a child or adult of any age, gender, race, religion or socio- economic status. The risk of TBI is highest among adolescents, young adults and persons over the age of 75. In comparing the national prevalence rate for TBI of 5.3 million with other more commonly cited and discussed conditions and disabilities, it is easily understood why TBI is often referred to as the "silent epidemic". Examples of other prevalence rates are as follows: 400,000 with Spinal Cord Injuries; 500,000 with Cerebral Palsy; 2.3 million with Epilepsy; 3.0 million with Stroke Disabilities; 4.0 million with Alzheimer's Disease; 5.3 Million with TRAUMATIC BRAIN INJURY; 5.4 million with Persistent Mental Illness, 7.2 million with Mental Retardation. An estimated TWO MILLION people receive a traumatic brain injury each year and someone will sustain a brain injury every 15 seconds. An estimated ONE MILLION people are treated for TBI and released from hospital emergency departments each year. Each year 230,000 Americans are hospitalized as a result of a TBI. Each year 80,000 Americans experience the onset of long term disability as a result of sustaining a traumatic brain injury. More than 50,000 people die every year as a result of TBI. Vehicle crashes are the leading cause of brain injury. They account for 50% of all TBIs. Falls are the second leading cause of TBI and the leading cause of brain injury in the elderly. Violence is also a major cause of brain injury. CAUSES OF PEDIATRIC BRAIN INJURY Brain injury is the most frequent cause of disability and death among children in the United States and more than one million children sustain brain injuries every year; approximately 165,000 require hospitalization. FALLS: During a fall, a child's brain is at special risk because of the size and weight of the head in relation to the body. Infants are at greater risk of falls from changing tables, cribs & other pieces of furniture, stairs and baby walkers. Toddlers and school age children are most at risk for falls from windows, balconies, porches, stairs & playground equipment. Each year approximately 21 1,000 U.S. children receive emergency department care for injuries sustained on playground equipment, making the use of this equipment the leading cause of injuries to children in school and child care environments. Number of Number of %With a Brain Injury I Play Equipment: Injuries Brain Injuries Swings100,69418,40718 Monkey Bars175,4898,79411 Slides53,2199,47217 Seesaws10,0121,52315 Motor Vehicle-Crashes: Unrestrained children of any are more likely to incur a brain injury and/or die in motor vehicle crashes than children that are restrained. It is estimated that 80% of children who are placed in child safety seats in automobiles are improperly restrained. Correctly installed child safety seats in passenger cars are extremely effective, reducing the risk of brain injury and death. Bicycle Crashes: A child is four times more likely to be seriously injured in a bicycle crash than to be kidnapped by a stranger. Between 70 and 80 percent of all fatal bicycle crashes involve brain injuries. The use of bicycle helmets reduces the risk of brain injuries by up to 88%. Abuse: Child abuse is the leading cause of brain injury among infants. Two-thirds of children under one year of age that are physically abused sustain brain injuries. Shaken Baby Syndrome is caused by a vigorous shaking of the infant or child by the arms, chest or shoulders and can result in brain injury and even death. Pedestrian Injury: Each year, approximately 50,000 children are hit by motor vehicles, often receiving serious brain injuries. Children are vulnerable to pedestrian brain injury because many traffic situations and threats exceed their cognitive, developmental, behavioral and physical abilities. CAUSES OF TEEN AGE BRAIN INJURY Faced with issues such as peer pressure, underage drinking, alcohol and drug abuse and inexperienced and impaired driving, teenagers are very vulnerable to brain injuries. Impaired driving: Driving while under the influence of drugs and/or alcohol is dangerous because it slows reaction time, impairs judgement and affects alertness and coordination. The 15-21 -year-old age group is over-represented in impaired driving crashes, deaths and injuries. Inexperienced driving: Motor vehicle crashes are the leading cause of brain injuries and death in teenagers 15-20 years of age. Inexperienced driving is one factor for this, as well as risk-taking behavior and greater risk exposure. CAUSES OF ADULT/ELDERLY BRAIN INJURY Injury is the leading cause of death among Americans under 45 years of age and brain injury is responsible for the majority of these deaths. Alcohol is a significant factor in the occurrence of brain injury. More than 50% of persons with brain injury were intoxicated at the time of injury Motor Vehicles. In the adult population (ages 22-65) motor vehicle crashes are the leading cause of brain injuries. Impaired driving is so dangerous because it slows reaction time, alters judgement and affects alertness and coordination. According to studies, driving after alcohol consumption is most prevalent in adult drivers ages 21-49. Firearms: In 1992, firearms surpassed motor vehicle crashes as the number one cause of brain injury fatalities in the United States. An estimated 30% of all unintentional shootings could be prevented by safety features such as trigger locks and loading indicators. Falls: Due to factors such as medications that affect balance, limitations brought on by aging and lack of exercise, falls are the leading cause of brain injury in the elderly. FEDERAL GOVERNMENT INVOLVEMENT IN TBI I. NIDRR AND THE, TBI MODEL SYSTEMS OF CARE - 1986-87 Building upon work begun in the 1970's to establish model systems of care for persons with spinal cord injury, the Rehabilitation Services Administration had established seven such centers by 1976. After a detailed planning effort in 1987, the National Institute on Disability and Rehabilitation Research (NIDRR) announced its intention to fund several model TBI systems. By 1987, NIDRR had already funded eight field-initiated projects, two directed-research projects and five Switzer distinguished fellows in TBI research. In April 1986, the Assistant Secretary of Education announced a major programmatic initiative on TBI in response to the rapid but disorganized development of programs and resources in the field of TBI rehabilitation. Five national demonstration projects were awarded and initiated in 1987. The models focused on the comprehensive delivery of services from injury through intensive neurological care, comprehensive medical and psychosocial rehabilitation, and community reintegration and long-term follow-up. A national TBI database was established as part of the research and demonstration activity. Five initial projects were funded. The objectives of the model TBI system were to: demonstrate and evaluate the cost-benefit and service delivery outcomes of a comprehensive service delivery system for individuals with TBI; establish a research program to develop new database and conduct innovative analyses of TBI research data; demonstrate and evaluate the development and application of improved and innovative methods essential to the care and rehabilitation of individuals with TBI; and participate in national studies of the TBI model system concept by contributing to a national TBI database as prescribed by the Secretary of Education. Unfortunately, all of the data in the TBI Model Systems are for people 16 years of age and over! We need data on children! II. CONGRESSIONAL REPORT LANGUAGE - 1988 The Congress addressed the issues of Traumatic Brain Injury (then referred to as Head Injury) in the Fiscal Year 1988 Budget for the Department of Health and Human Services. In Report Language, the House Committee on Appropriations states: "The Committee encourages the Secretary to consider the establishment of an Interagency Head Injury Task Force to be made up of key government administrators whose purpose would be to identify the gaps in research, training and service delivery and to recommend solutions in addressing the needs of the traumatic head injured. In addition, attention should be directed to research, which could develop a system of care, from acute trauma management to extended rehabilitation programs that would provide individuals an opportunity to return to an optimum level of function. The Committee also would urge that the Task Force address the development of a well-coordinated national data base system for traumatic brain injury that will address epidemiology research, neural recovery, acute medical management and rehabilitation, extended rehabilitation services, and needs assessment for community reentry support services. The Committee urges the Department of Health and Human Services and Department of Education to develop basic and applied research in rehabilitation and technology." (House Report No. 100-256, page 7 1) In addition, in its report on the Fiscal Year 1988 Budget for the Department of Health and Human Services, The Senate Committee on Appropriations states: The Committee encourages the National Institutes of Health to increase efforts to coordinate with other Government agencies in identifying gaps in research, including service delivery research, and national data in the area of traumatic head injury." (Senate Report No. 100- 1 89, page 103). III. Interagency Head Injury Task Force Report -- 1989 The Department of Health and Human Services produced the Interagency Head Injury Task Force Report in February 1989. The Task Force recommended "a series of actions that would represent the core of a national strategy for dealing with TBI. In addition, the Task Force has identified issues to be addressed in the implementation of a national strategy." Recommendation .1: Establish "traumatic brain injury" as a category in reporting systems. Recommendation 2: Designate a lead Federal agency with responsibility to foster overall coordination and planning Federal, state and private sector activities and establish a government-private sector advisory group to assist the effort. Recommendation 3: Encourage the establishment of working groups at the state and local level to provide leadership and coordination. Recommendation 4: Create a national network of 15 comprehensive regional head injury research centers, beginning w the immediate establishment of five centers an adding five additional centers per year for the next two years. Recommendation .5: Organize a decentralized system of care networked with regional head injury research centers to ensure accessibility to appropriate care. Inform TBI victims and their families about the availability of such service facilities. Recommendation 6: Study and document the financial issues relevant to patient and family services, societal cost and related economic impact of TBI. IV. IDEA AMENDED TO INCLUDE TBI - 1990 In 1990, Congress responded to the reported increase in children with TBI and amended the Individuals with Disabilities Education Act (PL 10 1 -476) to include TBI as a separate disability category. TBI is defined as an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term applies to open and closed head injuries resulting in impairments in one or more areas, such as: cognition; language; memory; attention; reasoning; abstract thinking; judgement; problem- solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma. Code of Federal Regulations, Title 34, 300.7(b)(121)1 Despite the high incidence of TBI, many medical and education professionals are unaware of the consequences of childhood head injury. Students with TBI are too often inappropriately classified as having learning disabilities, emotional disturbance or mental retardation. As a result, the needed educational and related services may not be provided within the special education program. The designation of TBI as a separate category of disability signals that schools should provide children and youth with access to and funding for neuropsychological, speech and language, educational and other evaluations necessary to provide the information needed for the development of an appropriate individualized education program (IEP). While the majority of children with TBI return to school, their educational and emotional needs are likely to be very different than they were prior to the injury. Although children with TBI may seem to function much like children born with other handicapping conditions, it is important to recognize that the sudden onset of a severe disability resulting from trauma is very different. Children with brain injuries can often remember how they were before the trauma, which can result in a constellation of emotional and psychosocial problems not usually present in children with congenital disabilities. Further, the trauma impacts family, friends and professionals who recall what the child was like prior to injury and who have difficulty in shifting and adjusting goals and expectations. In the 20th Report to Congress by the U.S. Department of Education, Office of Special Education Programs, a total of 5,224,328 children, ages 6-21 were served under Part B of IDEA during the 1996-97 school year in the 50 states, District of Columbia and Puerto Rico. Only 10,356 students were coded under the category of traumatic brain injury. This raises many questions about the identification of students with brain injuries, the accuracy of coding and the appropriateness of services being provided, as well as the lack of special services for the many unidentified students with brain injuries within local schools. V. THE TRAUMATIC BRAIN INJURY ACT - 1996 In response to the concerted advocacy of the TBI community on behalf of the recommendations of the Interagency Head Injury Task Force, Representative Jim Greenwood introduced the first version of the TBI Act during the 103rd Congress. He was later joined by Representative Henry Waxman as a lead cosponsor in the House. Senator Orrin G. Hatch and Senator Edward M. Kennedy introduced similar legislation in the Senate. The legislation was reintroduced in the 104'h Congress and signed into law as P. L. 10-166 on July 29, 1996. In introducing S.96 on January 4, 1995, Senator Hatch stated: "Sustaining a traumatic brain injury can be both catastrophic and devastating. The financial and emotional costs to the individual, family, and community are enormous. Traumatic brain injury is the leading cause of death and disability among Americans under the age of 35. In the State of Utah, for example, the main affected age is 28, which often is the beginning of an individual's maximum productivity... " Senator Kennedy's introductory statement included the following: "In 1988, Congress recommended that the Secretary of Health and Human Services establish an interagency Head Injury Task Force to identify gaps in research, training, medical management, and rehabilitation. This legislation responds to the prevention, research, and service needs identified by the Task Force. This bill will promote coordination in the delivery system and assure greater access to services for victims suffering from the disabling consequences of these injuries. By improving the quality of care, we can reduce severely the disabling effects and reduce the heavy toll from these injuries. This measure has great potential for savings lives, reducing disabilities and reducing health care costs and I urge my colleagues to support Traumatic Brain Injury Act. " The current law contains four major sections: A. CDC Activities in Surveillance, Prevention and Education Although the CDC has been supporting state health departments in carrying out TBI surveillance in selected States since 1990, the TBI Act provided an explicit authority for such activities. Surveillance is the ongoing and systematic collection analysis, and interpretation of health data used to describe and monitor a health event. Surveillance gives an indication of the number of TBIs that occur, where and how these injuries occur and which groups in the population are at highest risk. By identifying the circumstances of each TBI, surveillance help program planners best use their resources to prevent more traumatic brain injury and to better prepare to care for those that do occur. For those individuals who already have sustained a traumatic brain injury, there is no going back to the time before the injury occurred. A related goal of surveillance, then, is to locate people with TRT.' In order to provide ,information as well as to assess medical, prevention, and social service-needs to -help improve the quality of their lives, and to prevent secondary conditions associated with TBI, TBI surveillance in the States is useful in four major areas: education raises public awareness of the problem and provides health professionals and policy makers with knowledge about the circumstances of brain injuries sustained in their regions; prevention programs based on TBI surveillance allow resources to be used most effectively to target particular causes, risk groups, and geographical areas; legislation helps implement and enforce collective prevention measures to reduce TBIs; and follow-up helps ensure that people who have sustained a TBI receive the services they need. B. HRSA State Demonstration Grants This new authority was created in order to demonstrate need and to begin to build capacity in the states for service delivery to person with TBI and their families. As stated in the House Committee on Commerce report, 104-652, of June 27, 1996, "Because of the serious consequences of TBI and the failure of human services systems and educational programs to meet their needs properly, people with TBI want to be identified as people with brain injuries, not be to labeled as having some other disability. This is extremely important if appropriate services are to be developed and targeted and prevention efforts are to be conducted... TBI is different from other disabilities due to the severity of cognitive loss. Most rehabilitation programs are designed for people with physical disabilities, not cognitive disabilities which require special accommodations. In most States, there is no central point of referral and no central authority to coordinate and target appropriate services." C. Programs of the National Institute of Health (NIH) This new authority to make awards of grants or contracts for the conduct of basic and applied research regarding TBI was heavily focused on medical research in diagnosis, assessment, prognosis, and therapies. D. TBI Consensus Conference The legislation directed the Secretary to conduct a national consensus conference on managing traumatic brain injury and related rehabilitation concerns. The Consensus Conference on Rehabilitation of Persons with Traumatic Brain Injury was convened by the NIH on October 26-28, 1998. The final report has been published. It contains numerous conclusions based on a review of the literature, testimony provided and an evidence based medicine report. Although the final report makes reference to both the needs for increased prevention and biomedical research, the focus is on community reintegration and quality of life for persons who have sustained a traumatic brain injury and their families. The focus of the report is on persons over the age of 16 and does not deal with children with TBI. The report states in part, "Persons with TBI, their families, and significant others are integral to the design and implementation of the rehabilitation process and research. Consequently, rehabilitation services, matched to the needs of persons with TBI, and community- based non-medical services are required to optimize outcomes over the course of recovery. Public and private funding for rehabilitation of persons with TBI must be adequate to meet these acute and long-term needs, especially in consideration of the current health care environment where access to these treatments may be jeopardized by changes in payment methods for private insurance and public programs." Additional findings of the report included: "TI31 is a heterogeneous disorder of major public health significance; consequences of TBI can be lifelong; given the large toll of TBI and absence of a cure, prevention is of paramount importance; identification, intervention, and prevention of alcohol abuse and violence provide an important opportunity to reduce TBI and its effects; rehabilitation services, matched to the needs of persons with TBI, and community-based non-medical services are required to optimize outcomes over the course of recovery; public and private funding for rehabilitation of persons with TBI should be adequate to meet acute and long-term needs; access to needed long-term rehabilitation may be jeopardized by changes in payment methods for private insurance and public programs; and funding for research on TBI needs to be increased." PUBLIC SPENDING ON TRAUMATIC BRAIN INJURY In preparation for the Reauthorization of the Traumatic Brain Injury Act, the Brain Injury Association sponsored a non-scientific "snapshot" study of federal and state government spending on TBI in FY '98. The study was completed during the spring and summer of 1999 and a final report will be issued shortly. A copy of Draft 2 of the report is attached to this testimony for reference. The States, in partnership with the Federal Government, spent $226.5 Million on behalf of 38,357 recipients of TBI services in FY '98. These data do not include special education and primarily represent persons over the age of sixteen receiving a range of adult employment and long term support services. These data can be compared to more refined data sets in the field of Mental Retardation/Developmental Disabilities. Mental Retardation/Developmental Disabilities has a prevalence of about 150% of TBI. The field is older and better established throughout the nation. Comparable data for FY '98 in that field is $26.5 Billion on behalf of nearly 600,000 recipients of services; primarily adults. Another comparative index is in the area of Medicaid Home and Community Based Waivers. The 1997 GAO Report on TBI determined that these programs covered an estimated 2,478 individuals and spend $118 million. In 1997, these waivers covered an estimated 375,000 individuals with Mental Retardation/Developmental Disabilities and spent approximately $5.5 Billion. The need for the development and expansion of community support services for children and adults with Traumatic Brain Injury and their families is very large, indeed. CURRENT STATUS AND RECONUVIENDATIONS FOR REAUTHORIZATION Much has been accomplished in the past three years, but much more remains to be done. In order to prepare for this reauthorization, the Brain Injury Association convened a Stakeholders Meeting on July 21-22, 1999 including representatives from the Federal Government (day one only), State Government, persons with brain injury and family members, providers, advocates and researchers. The proposed outcome for the meeting was to develop a consensus set of recommendations to take to Congress for a five-year reauthorization. The 30 participants reviewed the current law and its accomplishments and have prepared a draft consensus Reauthorization Bill which is attached to this testimony as an Appendix. Prevention: The Centers for Disease Control and Prevention carried out projects to reduce the incidence of traumatic brain injury. The CDC has published TBI surveillance methods and guidelines for public health purposes and funds 15 states creating a multi-state, uniform reporting system to provide nationally representative data to define groups at higher risk, causes and circumstances, and outcomes of injury. We need to continue the TBI Act in order to allow CDC to expand patient follow-up registries. There is a strong need to determine long-term disabilities and related problems from TBI. Based upon the current incidence and prevalence studies, CDC needs funding to expand education and prevention programs. Research: The National Institutes of Health conducted research on the development of new methods and modalities for more effective diagnosis, measurement of degree of injury, post-injury monitoring and assessment of care models for brain injury recovery and long term care. More research needs to be done using applied research. Extensive research is needed regarding life long issues for children with TBI and their families. The applied research needs to be conducted through the National Institute on Disability and Rehabilitation Research (NIDRR) in the Department of Education. NIDRR administers the TBI model systems of care, and with additional funding Rehabilitation Research and Training Centers and Rehabilitation Engineering Centers dedicated to TBI can best conduct the necessary applied research. State "Demonstration" Projects. The Administration for Health Resources and Services Administration (HRSA) made grants to states for the purpose of carrying out demonstration projects to improve access to health and other services regarding traumatic brain injury. There are 32 states who have received HRSA funded TBI Demonstration Grants. The following 19 states have not received any HRSA State Grant Funds to date: Alaska, Arkansas, Connecticut, Hawaii, Idaho, Kansas, Louisiana, Maine, Massachusetts, Montana, Nebraska, New Mexico, North Dakota, Pennsylvania, South Dakota, Tennessee, Utah, Vermont, Washington and Wyoming. In order to allow new states to apply for planning grants and to move participating states into the implementation phase, we need to continue funding for HRSA. The authority also needs to be expanded to authorize states to go beyond demonstrations to system capacity building. CONCLUSION The TBI Act represents a foundation for coordinated Public Policy in prevention, education, research and community living for persons with brain injury and their families. TBI is a major public health problem that requires national attention. It is important that Congress Reauthorize the TBI Act and continue to significantly increase appropriations. As a nation, we must continue to conduct surveillance projects and target prevention and public education. We also must collect reliable data on the needs of person with brain injury, assist states in providing needed services, and conduct research in order to establish more effective acute, care rehabilitation techniques and lifelong supports for community participation.

LOAD-DATE: September 21, 1999




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