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Kline Statement: Markup of H.R. 511, the Tribal Labor Sovereignty Act

Education & the Workforce Committee - Wed, 07/22/2015 - 12:00am

Today the committee will consider H.R. 511, the Tribal Labor Sovereignty Act of 2015. This important legislation will prevent the National Labor Relations Board from exerting jurisdiction over Native American businesses operating on tribal lands.

As we all know, policies governing labor-management relations are extremely complex and controversial. More than 80 years after its enactment, the National Labor Relations Act continues to be a source of heated debate in the United States Congress and in workplaces across the country. No doubt that debate will continue to take place in this committee as we work to ensure the law is implemented fairly and objectively.

But that’s a debate for another time. The bill before us is not about union workers versus nonunion workers; it’s not about big business versus big labor; and it’s not about Republican versus Democrat. The bill we are considering today is about whether Native Americans should be free to govern employee-employer relations in a way they determine is best for their workplaces.

Over the last 10 years, the National Labor Relations Board has taken an approach contrary to the rights of Native Americans and long-standing labor policies. In a 2004 decision, the board broke from more than 30 years of precedent and decided it has jurisdiction over tribal activities. Since that time, the board has determined on a case-by-case basis whether a business on tribal land is for commercial purposes, and if it is, the board will assert its jurisdiction over that business.

At a subcommittee hearing held in June, Rodney Butler, chairman of the Mashantucket Pequot Tribal Nation of Connecticut, criticized the board’s decision as an “affront to Indian Country.” He went on to say that the board’s flawed logic “suggests that Indian tribes are incapable of developing laws and institutions to protect the rights of employees who work on our reservations.” Jefferson Keel, Lieutenant Governor of the Chickasaw Nation, described the board’s approach as “incompatible with the very nature of sovereignty and self-government.”

Imagine the public outcry we would hear across the country if the board began imposing its will on enterprises owned and operated by state and local governments, such as schools, parks, and recreation centers. Are we supposed to believe that state leaders in California and Connecticut are more capable of managing their affairs than the leaders of the Shakopee and Saginaw Chippewa Indian tribes? Yet for more than a decade, that’s precisely the message the board has sent to Native Americans.

It is time for Congress to right this wrong, and the Tribal Labor Sovereignty Act will help us do just that. The bill amends the National Labor Relations Act to reaffirm that the National Labor Relations Board cannot assert its authority over Indian tribes and enterprises or institutions owned and operated by an Indian tribe on tribal land. This is the same standard that was in place before the board abruptly changed course and it must be the standard that governs the board’s actions moving forward.

I want to thank Congressman Todd Rokita for his leadership on this important issue. Over the years, a number of men and women in Congress have helped lead the fight on behalf of tribal sovereignty. Thanks to their hard work, we are here considering a proposal that will restore to Indian tribes the ability to regulate labor relations in their businesses and ensure they are afforded the same rights and protections enjoyed by state and local government leaders.

Two years ago, President Obama signed an executive order establishing a White House Council on Native American Affairs. Now, I am not usually one to cite favorably an executive order by the president, but I do believe this one is pertinent to today’s meeting. The executive order says:

“The United States recognizes a government-to-government relationship, as well as a unique legal and political relationship, with federally recognized tribes … Honoring these relationships and respecting the sovereignty of tribal nations is critical to advancing tribal self-determination and prosperity.”

That is the essence of why we are here today – to honor and respect the sovereignty of tribal nations. Native Americans have spoken loud and clear: They do not want an unelected and unaccountable federal labor board dictating policies in their workplaces. I urge my colleagues to stand with the Native American community by supporting the Tribal Labor Sovereignty Act.

Rokita Statement: Markup of H.R. 511, the Tribal Labor Sovereignty Act

Education & the Workforce Committee - Wed, 07/22/2015 - 12:00am

Before I explain the technical changes included in the substitute amendment, I’d like to take a minute to discuss the importance of the broader legislation.

As the chairman said, the purpose of this bill is simple: to protect the sovereignty and promote governmental parity, of Native Americans by making it very clear that tribal businesses on tribal lands are free to operate with the same autonomy provided to any other sovereign body.

Since the early 1830s, our courts have held that “tribes possess a nationhood status and retain inherent powers of self-government.” Over the years, there has been widespread agreement on both sides of the aisle that these rights should be protected and that tribes should remain sovereign – free to govern and develop policies that best meet the needs of their members. Unfortunately, in recent years, the National Labor Relations Board has threatened that sovereignty by exerting control over tribal businesses.

For nearly 70 years, the NLRB respected Native American sovereignty, holding that tribes should be free from outside intervention. But in 2004, the board reversed course and overturned long-standing precedent with its San Manuel Bingo & Casino decision. Since then, the board has used a subjective test to determine when and where to exert its jurisdiction over Native American tribes. There shouldn’t be a test, as was said at the hearing.  

Not surprisingly, the Native American community strongly opposed the board’s move, and today, we continue to hear strong concerns with what many consider an attack on tribal sovereignty. Unfortunately, these concerns seem to have fallen on deaf ears at the NLRB as the board continues to exert its authority over Native American tribes, and the problem is only getting worse and is creating uncertainty for tribal governments and tribally owned businesses, often in regions that can least afford it.

At a subcommittee hearing just last month, tribal leaders said they’ve seen “an increasingly aggressive approach to enforcement by the board, which creates unacceptable risks and uncertainties for all tribal nation rights under federal law and to their dignity as sovereigns.” If enacted, the Tribal Labor Sovereignty Act will put an end to the board’s overreach and give authority over labor relations back to tribal governments.

As Dr. Roe said at last month’s hearing, “We should never stand idly by while the sovereignty of Native Americans is threatened.” And that’s why we are here today. The legislation we’re considering will prevent the NLRB from asserting its jurisdiction over businesses owned by Native American tribes on tribal lands. It’s a bipartisan, commonsense proposal that will provide legal certainty to the Native American community and restore a standard that was in place for years before the misguided NLRB San Manuel decision.

I appreciate all that my colleagues have done over the years to move this issue forward, and I am very pleased that we’re taking this next step today. The technical change in the proposed substitute amendment clarifies that the National Labor Relations Act does not apply to tribal enterprises and institutions, as well as the tribal governments themselves. I urge my colleagues to support the substitute, as well as the underlying bill, to help provide Native American tribes the legal clarity and labor sovereignty they deserve.

Regrettable Outcome of Sysco/U.S. Foods Merger Challenge Reflects FTC Has Nothing to Fear from “SMARTER” Act

WLF Legal Pulse - Fri, 07/17/2015 - 11:56am
Featured Expert Contributor – Antitrust & Competition, U.S. Department of Justice Mark J. Botti, Squire Patton Boggs (US) LLP with Anthony W. Swisher, Squire Patton Boggs (US) LLP Late last month, a federal district court judge in Washington, D.C. granted the request of the Federal Trade Commission (FTC) for a preliminary injunction against the proposed […]
Categories: Latest News

EPA Study on Hydraulic Fracturing’s Drinking Water Impact Puts Anti-Gas Activists on Defensive

WLF Legal Pulse - Fri, 07/17/2015 - 11:39am
Guest Commentary by Chelsie Kidd, a 2015 Judge K.K. Legett Fellow at the Washington Legal Foundation and a student at Texas Tech School of Law. On June 4, 2015 the Environmental Protection Agency (EPA) released a much anticipated draft assessment of the potential impacts of hydraulic fracturing on drinking water resources. The draft assessment was conducted […]
Categories: Latest News

GSA Seeks Proposals for Federal Triangle South Project

GSA news releases - Fri, 07/17/2015 - 1:00am
GSA Seeks Proposals for Federal Triangle South Project

How Tax Compliance Obligations Hinder Small Business Growth

House Small Business Committee News - Thu, 07/16/2015 - 12:00am

On Wednesday, July 22, 2015 at 11:00 A.M. the Committee on Small Business will hold a hearing titled: ​ "How Tax Compliance Obligations Hinder Small Business Growth." The hearing will be held in 2360 of the Rayburn House Office Building.

The hearing will examine the tax compliance burden facing small firms and examine the effectiveness of actions taken by the Internal Revenue Service (IRS) intended to reduce these compliance costs.  The United States Government Accountability Office (GAO) will release a report at the hearing examining the efficacy of some IRS efforts to ensure tax compliance and a GAO official will testify about the potential complications those efforts cause for small businesses.  A second panel will focus on ways to reduce the complexity faced by small firms when preparing their taxes.  

Opening Statement:

  • Chairman Steve Chabot (R-OH)
    • Opening Statement
       
  • Witnesses and Testimony: 

    Panel 1

    Mr. J. Christopher Mihm
    Managing Director, Strategic Issues
    United States Government Accountability Office
    Washington, DC

    Panel 2

    Mr. Donald Williamson
    Professor, American University
    Executive Director, Kogod Tax Center
    Washington, DC

    Mr. Troy Lewis
    Vice President
    Heritage Bank
    St. George, UT
    *Testifying on Behalf of the American Institute of Certified Public Accountants

    Mr. Les Vitale
    Partner
    Local Markets Group
    McGladrey, LLP
    Boston, MA  

    Additional Items:

  • Hearing Notice
  • Witness List
  •  

     

    Rep. Bishop: Student Success Act Builds a Better Path Forward for Students

    Education & the Workforce Committee - Wed, 07/15/2015 - 12:30pm

    http://edworkforce.house.gov/studentsuccessact/ 

    The nation’s one-size-fits-all mandates dictating K-12 education have been letting students down for years. Federal involvement in classrooms is at an all-time high. Yet far too many schools are ill-equipped to make the grade. The Obama Administration has only made a broken system worse by imposing a backdoor education agenda on states and school districts through pet projects and temporary, conditional waivers.

    As Education and the Workforce Committee member Rep. Mike Bishop (R-MI) writes in a recent op-ed:

    For too long, the Department of Education has disregarded the 10th Amendment and our state’s ability to effectively lead the people it knows best – including our students. It doesn’t make sense to treat Brighton or Rochester, Michigan’s school districts like Brooklyn, New York’s or Milwaukee, Wisconsin’s. There cannot be just one, broad-stroke approach to achieving student success.

    Fortunately, the Student Success Act places the country on a new course. Rep. Bishop continues:

    While serving as the Senate Majority Leader of Michigan, I saw firsthand how much more effective we could be when control over education decisions was kept at the state versus the federal level. I’ve taken that experience with me to the House Committee on Education and the Workforce, where my colleagues and I have focused on reducing the federal footprint in the classroom.

    That’s one of the goals behind the
    Student Success Act, which the U.S. House of Representatives passed last week. Its improvements to our K-12 system would give states the freedom to choose what works best for them without the strings attached, including additional protection for states that choose to opt-out of Common Core. Best of all, it empowers parents and educators with greater flexibility by eliminating regulations that monopolize how and where students are taught.

    This Congress has a duty to build a better path forward for our children. The
    Student Success Act does just that.

    Americans deserve a better law, one that will help ensure every child in every school has access to an excellent education. By passing the Student Success Act, Congress has moved one step closer to that goal.

    To read the op-ed in Detroit News, click here.

    To learn more about the Student Success Act, click here.

     

    # # #

    Executive Session

    The U.S. Senate Committee on Commerce, Science, and Transportation will hold an executive session on Wednesday, July 15, 2015, at 10:00 a.m. to consider S. 1732.
     
    Agenda:

    S. 1732, the Comprehensive Transportation and Consumer Protection Act of 2015, Sponsors: U.S. Sens. John Thune (R-S.D.), Deb Fischer (R-Neb.), a...

    Taking Flight: Small Business Utilization of Unmanned Aircraft

    House Small Business Committee News - Wed, 07/15/2015 - 11:00am
    On Wednesday, July 15, 2015, at 11:00 A.M., the Committee on Small Business will hold a hearing titled, ​Taking Flight: Small Business Utilization of Unmanned AircraftThe hearing will be held in Room 2360 of the Rayburn House Office Building.

    The purpose of the hearing is to examine how small businesses will use unmanned aircraft for commercial activities in the United States. Currently, commercial operations of unmanned aircraft are very limited; however, the Federal Aviation Administration (FAA) is working towards safely integrating them into the national airspace system.  Earlier this year, the FAA issued a proposed rule to permit small unmanned aircraft (those weighing 55 pounds or less) to operate for non-hobby, non-recreational purposes.  Once the regulation is finalized, the FAA expects that small businesses will conduct the majority of commercial operations. 
     

    Opening Statement:

    Chairman Steve Chabot (R-OH)

    Witnesses and Testimony:
     

  • Mr. Brian Wynne, President & CEO, Association for Unmanned Vehicle Systems International, Arlington, VA
  •  

  • Mr. Mike Gilkey, CEO and Director of Flight Operations, 3D Aerial Solutions LLC, Dayton, OH
  •  

  • Mr. Brian Streem, CEO/Founder, AeroCine, Brooklyn, NY
  • Additional Items:

    Examining the Governance and Integrity of International Soccer

    U.S. Sen. Jerry Moran (R-Kan.), chairman of the Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security, will hold a hearing entitled "Examining the Governance and Integrity of International Soccer" on Wednesday, July 15, 2015, at 2:30 p.m.

    The Fédération Internationale de Football Association (FIFA) is the international nonprofit that organizes the World Cup tournament and is responsible for the global regulation and promotion of soccer. The hearing will examine the integrity and impending leadership changes at FIFA, ...

    "We are pioneers"

    House Small Business Committee News - Wed, 07/15/2015 - 12:00am

    Small Business and the Future of Unmanned Flight

    WASHINGTON - Today, Small Business Committee Members heard from entrepreneurs working on the cutting edge of the Unmanned Aircraft System (UAS) industry. At a hearing, the Committee examined the innovative use of UAS by small businesses, as well as the Federal Aviation Administration’s (FAA) progress in developing rules for wider commercial application.

    After the hearing, Chairman Steve Chabot (R-OH) commented on the promise of the industry and the potential threat of stifling these entrepreneurs with overregulation:

    “There are moments when we can unleash a positive force of innovation and job creation if we do not smother it with regulations. Most of the time, the government misses these moments, and we’re left to wonder what could have been. While we must promote public safety and proper usage of unmanned aircraft, we must ensure that the regulations are carefully crafted so that they don’t prevent this new industry from innovating and helping grow our economy. As Chairman of this Committee, it is my goal to work with the entrepreneurs leading this industry to make sure it can be the positive force that we all know it is.”

    The FAA is currently issuing limited authorizations for commercial UAS operations in low-risk, controlled environments. It was required to issue a final rule to allow small UAS operations by August 2014, but missed that deadline. Furthermore, the FAA is required to safely integrate UAS into the national airspace system by September 30, 2015.

    Other notable quotes include:

    “Unmanned systemshold the potential to truly revolutionize our economy and way of lifein the United States… However, the highly restricted nature of the current interim rules and the slow pace of permanent rulemaking continue to stifle the ability of small business to capitalize on this market’s potential… Small business people like me are slugging their way through the obstacles and bureaucracy to fulfill our dreams of creating this new industry.We are pioneers, determined to succeed and believe the country and world will be beneficiaries.-Mr. Mike Gilkey, CEO and Director of Flight Operations, 3D Aerial Solutions LLC,Dayton, OH

    “The FAA’s efforts to integrate UAVs into the national airspace (NAS) are commendable in the face of extraordinary challenges... We recognize the FAA prefers the incremental approach of crawl -- walk – run. But right nowregulation in the United States is sorely lagging behind the technology, which is sprinting.”Mr. Brian Streem, CEO/Founder, AeroCine, Brooklyn, NY

    “UAS increase human potential, allowing us to execute dangerous or difficult tasks safely and efficiently... Given the technology’s potential, it is important that the FAA finalize the small UAS rules as quickly as possible. Moreover, Congress needs to pass – and the President needs to sign into law – an FAA reauthorization measure before the current authorization expires on September 30, 2015.” -Mr. Brian Wynne, President & CEO, Association for Unmanned Vehicle Systems International, Arlington, VA

    ###

    House Committee Chairmen Call for Withdrawal of Administration’s Harmful, Unnecessary Blacklisting Proposal

    House Small Business Committee News - Wed, 07/15/2015 - 12:00am

    House Committee Chairmen Call for Withdrawal of Administration’s Harmful, Unnecessary
    Blacklisting Proposal

    WASHINGTON – Republican leaders of three congressional committees today wrote to the Department of Labor and the Federal Acquisition Regulatory Council to call for the withdrawal of the administration’s proposed blacklisting guidance and regulation. Expressing concern over the anticipated harmful consequences of the proposal, leaders on the Education and the Workforce Committee, Oversight and Government Reform Committee, and Small Business Committee explain:

    The proposed guidance and rule institute new burdensome and unnecessary requirements that will delay an already cumbersome federal procurement process and will impose additional costs on employers, federal agencies, and American taxpayers.

    In 2014, President Obama issued an executive order to require contractors and subcontractors to disclose potential violations of 14 federal labor laws and equivalent state laws from the preceding three years. On May 28, 2015, the Department of Labor and the Federal Acquisition Regulatory Council issued proposed guidance and a draft regulation intended to implement the executive order.

    While the chairmen note in their letter that “bad actors denying workers basic protections should not be rewarded with government contracts funded by taxpayer dollars,” they assert current laws already provide the tools necessary to hold them accountable. As the members write:

    We do not see the need to implement measures through executive fiat to fix a problem that simply does not exist. Rather than implement another layer of bureaucracy, the Administration should work with Congress and stakeholders to use the existing system to crack down on bad actors and ensure the rights of America’s workers are protected.

    Furthermore, the committee leaders write that agencies must have a strong basis for implementing regulations, especially when they “threaten due process, impose onerous reporting burdens, and limit competition by favoring certain competitors while blacklisting others, resulting in significant job losses.” According to the chairmen, the proposed rule and guidance rely on biased reports lacking objective empirical evidence in order to impose this “new and burdensome” reporting requirement.

    If the proposed guidance and rule are not withdrawn, the chairmen ask that the administration extend the public comment period by 90 days to “ensure that interested parties have adequate time to review, assess, and provide meaningful input.” The current period, they argue, does not provide stakeholders enough time to “effectively evaluate the full ramifications of the proposals.”

    The letter was signed by:

    • Education and the Workforce Committee Chairman John Kline (R-MN);
    • Oversight and Government Reform Committee Chairman Jason Chaffetz (R-UT);
    • Small Business Committee Chairman Steve Chabot (R-OH);
    • Health, Employment, Labor, and Pensions Subcommittee Chairman Phil Roe (R-TN);
    • Workforce Protections Subcommittee Chairman Tim Walberg (R-MI);
    • Health Care, Benefits, and Administrative Rules Subcommittee Chairman Jim Jordan (R-OH);
    • Contracting and Workforce Subcommittee Chairman Richard Hanna (R-NY); and
    • Investigations, Oversight, and Regulations Subcommittee Chairman Cresent Hardy (R-NV).

    To read the full letter, click here.

    # # #

    Unlocking the Cures for America’s Most Deadly Diseases

    WASHINGTON, D.C. - U.S. Sen. Ted Cruz (R-Tex.), chairman of the Subcommittee on Space, Science, and Competitiveness, will hold a hearing entitled “Unlocking the Cures for America’s Most Deadly Diseases” on Tuesday, July 14, 2015, at 10:00 a.m.
     
    The hearing will focus on incentivizing cure development for the most deadly diseases. In recent years, U.S. biomedical research and innovation has been lagging. According to a study published by the New England Journal of Medicine, the U.S. share of global biomedical research and development expendi...

    Taking Flight: Small Business Utilization of Unmanned Aircraft

    House Small Business Committee News - Tue, 07/14/2015 - 12:00am

    On Wednesday, the Committee on Small Business will hold a hearing titled, ​Taking Flight: Small Business Utilization of Unmanned AircraftThe hearing will be held in Room 2360 of the Rayburn House Office Building. 

    The purpose of the hearing is to examine how small businesses will use unmanned aircraft for commercial activities in the United States. Currently, commercial operations of unmanned aircraft are very limited; however, the Federal Aviation Administration (FAA) is working towards safely integrating them into the national airspace system.  Earlier this year, the FAA issued a proposed rule to permit small unmanned aircraft (those weighing 55 pounds or less) to operate for non-hobby, non-recreational purposes.  Once the regulation is finalized, the FAA expects that small businesses will conduct the majority of commercial operations. 
     

    Opening Statement:

    Chairman Steve Chabot (R-OH) 

    Witnesses and Testimony:
     

  • Mr. Brian Wynne, President & CEO, Association for Unmanned Vehicle Systems International, Arlington, VA
  •  

  • Mr. Mike Gilkey, CEO and Director of Flight Operations, 3D Aerial Solutions LLC, Dayton, OH
  •  

  • Mr. Brian Streem, CEO/Founder, AeroCine, Brooklyn, NY
  •  

  • Dr. Tim McLain, Professor of Mechanical Engineering & Director of the Center for Unmanned Aircraft Systems, Brigham Young University, Provo, UT

  • Additional Materials: 

  • Hearing Notice
  • Witness List
  • House Passes Four Small Business Bills Opening Doors for Veterans, Entrepreneurs, and Disaster Victims

    House Small Business Committee News - Mon, 07/13/2015 - 12:00am

    WASHINGTON -The House of Representatives just passed four bills offered by Small Business Committee members that will provide better access to capital for small businesses and accountability for the federal government.

    It’s a Monday evening, and while small businesses and hopeful entrepreneurs across the country are taking stock of what they accomplished today, I’m proud of what my colleagues in the House of Representatives did for them,” Chairman Steve Chabot (R-OH) said. “These bills will help veterans start new businesses, modernize a microloan program that that can help entrepreneurs get off the ground, strengthen thriving public-private partnerships through SBICs, and make sure that the government is prepared to help communities rebuild in the aftermath of disasters.”

    The following pieces of legislation are now one step closer to becoming law:

    H.R. 2499: "Veterans Entrepreneurship Act of 2015"

    H.R. 208: "Superstorm Sandy Relief Act of 2015"

    H.R. 1023: "The Small Business Investment Company Capital Act of 2015"

    H.R. 2670: "Microloan Modernization Act of 2015"

    All four bills passed with bipartisan support out of the Small Business Committee in June. H.R. 208, H.R. 1023, and H.R. 2670 passed the House of Representatives this afternoon by voice vote, and H.R. 2499, the Veterans Entrepreneurship Act of 2015, passed by a vote of 410-1 tonight.

    ###

    Technology Allows Us to Work Smarter, Faster

    NAWBO National - Thu, 07/09/2015 - 1:14pm

    Websites. Social networks. Video conferencing. Virtual office technology. Technology is everywhere in business today. It brings us closer together when we’re communities, states or even countries apart. It allows us to connect from virtually anywhere. It streamlines processes and makes us more efficient. It allows us to communicate with our audiences in unique and exciting new ways.

    The theme of this issue of NAWBO ONE is technology. We’re proud to feature tech tips from Leslie Fishlock, owner of Geek Girl—a NAWBO media partner that provides training and conferences targeted at helping women become comfortable with using technology in their businesses and everyday lives. From sending mass e-mails to protecting yourself from viruses and hackers to wisely tweeting, posting and sharing, Leslie has great tips for staying safe and savvy when it comes to using technology in your business. Be sure to check them out!

    Meanwhile, NAWBO has a major technology launch on the horizon that we’re excited to tell you about. We are in the final stages of introducing a brand-new NAWBO National website that reflects the beautiful new branding we rolled out last year! The site is more user friendly than ever, responsive from any device (PC, tablet or phone) and packed with valuable content, from articles to videos to recorded webinars, that we will update regularly to help our members learn and grow. As part of this, we will offer similarly branded microsites to our chapters to help streamline their website management by providing national content yet allowing for the local chapters to customize and integrate local content. Stay tuned for details in the weeks ahead!

    In the spirit of pride as we just celebrated Independence Day, it’s important to remember that we stand united as one voice. We would also like to congratulate the USA Women’s Soccer team for making history and winning the 2015 World Cup! If you didn’t catch it, the tagline of their Nike ad read, “Strong alone. Unstoppable together.” Fantastic! It’s a mantra we can all rally around. Here at NAWBO, we are a community of extraordinary women doing extraordinary things through our businesses and other passions. While technology allows us to work and communicate faster and smarter, it’s the personal connections we make with one another along the way that really make us better together as women business owners.

    Along these lines, we are celebrating NAWBO’s 40th anniversary with an incredible and one-of-a-kind event at the National Women’s Business Conference in the fall! I encourage you to join me in San Antonio, Texas, September 27 for our Leadership Boot Camp and September 28-29 for our National Women’s Business Conference. We have three amazing days of personal connections, inspiration and resources planned for you that will truly inspire and change your world. Learn more and register here. I hope to see you in person in September!

    —Crystal Arredondo, 2015-2016 NAWBO National Board Chair


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