[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 24. Bills, Resolutions, and Memorials]
[B. General Procedures Associated With Passage of Legislation]
[Â§ 15. Signing]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4910-4918]
 
                               CHAPTER 24
 
              Bills, Resolutions, Petitions, and Memorials
 
      B. GENERAL PROCEDURES ASSOCIATED WITH PASSAGE OF LEGISLATION
 
Sec. 15 Signing

    The practice of the two Houses of Congress in the signing of 
enrolled bills was formerly governed by joint rules, and has continued 
since those rules were abrogated in 1876.(13) A House-
enrolled bill, having been approved as to form by the Committee on 
House Administration, and certified by the Clerk as having originated 
in the House, is reported to the House. Senate enrollments are 
delivered to the House after examination and certification by the 
Secretary of the Senate. All enrollments are signed first by the 
Speaker and then by the Vice President or President pro tempore of the 
Senate.(14)
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13. House Rules and Manual Sec. 575 (1981).
14. Procedure in the U.S. House of Representatives (97th Cong.), Ch. 24 
        Sec. 11.1.
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    Where the Record and Journal, through oversight, fail to indicate 
that the Speaker has signed a particular bill, the Speaker announces to 
the House the date on which he has signed the bill and asks that the 
permanent record and Journal be corrected accordingly.(15)
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15. Procedure in the U.S. House of Representatives (97th Cong.), Ch. 24 
        Sec. 11.2.                          -------------------
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Authorization to Sign During Adjournments

Sec. 15.1 The House agreed to a concurrent resolution au

[[Page 4911]]

    thorizing the Vice President and the Speaker to sign enrolled bills 
    and joint resolutions of the two Houses that have been duly passed 
    notwithstanding an adjournment.

    On Aug. 24, 1935,(16) the House considered and agreed to 
the following concurrent resolution (H. Con. Res. 39):
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16. 79 Cong. Rec. 14583, 74th Cong. 1st Sess.
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        Resolved by the House of Representatives (the Senate 
    concurring), That notwithstanding the adjournment of the first 
    session of the Seventy-fourth Congress, the President of the Senate 
    and the Speaker of the House of Representatives be, and they are 
    hereby, authorized to sign any enrolled bills or joint resolutions 
    duly passed by the two Houses and which have been examined by the 
    Committee on Enrolled Bills of each House and found truly enrolled.

    Similarly, on July 8, 1943,(17) the House considered and 
agreed to the following concurrent resolution (S. Con. Res. 18):
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17. 89 Cong. Rec. 7516, 78th Cong. 1st Sess.
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        Resolved by the Senate (the House of Representatives 
    concurring), That notwithstanding the adjournment of the two Houses 
    as authorized by Senate Concurrent Resolution 17, the President of 
    the Senate and the Speaker of the House of Representatives be and 
    they are hereby, authorized to sign enrolled bills and joint 
    resolutions duly passed by the two Houses which have been examined 
    by the Committee on Enrolled Bills of each House and found truly 
    enrolled.

    Parliamentarian's Note: The earlier practice utilized a concurrent 
resolution to grant signing authority during an adjournment. Under a 
more recent practice, each House obtained its own unanimous-consent 
permission. Since Jan. 5, 1981, the Speaker has had permanent authority 
to sign enrollments whether or not the House is in session. See Rule I 
clause 4, House Rules and Manual Sec. 624 (1981).

Sec. 15.2 The Senate agreed to a resolution authorizing the acting 
    President pro tempore to sign enrolled bills and joint resolutions 
    during adjournments and recesses for the remainder of the session.

    On Dec. 12, 1963,(18) the Senate considered and agreed 
to the following resolution (S. Res. 235):
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18. 109 Cong. Rec. 24329, 88th Cong. 1st Sess.
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        Resolved, That notwithstanding adjournments or recesses of the 
    Senate during the remainder of the present session of the Congress, 
    the Secretary be authorized to receive messages from the House, and 
    the President pro tempore or the Acting President pro tempore be 
    authorized to sign during such adjournments or recesses enrolled 
    bills

[[Page 4912]]

    and joint resolutions passed by the two Houses and found truly 
    enrolled.

    Parliamentarian's Note: See Senate Rule 1, paragraph 3, dealing 
with the authority of the President pro tempore and the acting 
President pro tempore to sign enrolled bills. Signing authority during 
periods of adjournment is customarily granted by unanimous consent.

Sec. 15.3 The House agreed to a concurrent resolution authorizing the 
    Speaker and President pro tempore of the Senate to sign enrolled 
    bills, notwithstanding ``any'' adjournment of the two Houses to a 
    day certain.

    On July 2, 1964,(19) the House considered and agreed to 
the following concurrent resolution (H. Con. Res. 322):
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19. 110 Cong. Rec. 15897, 15898, 88th Cong. 2d Sess.
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        Resolved, That notwithstanding any adjournment of the two 
    Houses until July 20, 1964, the Speaker of the House of 
    Representatives and the President pro tempore of the Senate be, and 
    they are hereby, authorized to sign enrolled bills and joint 
    resolutions duly passed by the two Houses and found truly enrolled.

Sec. 15.4 Under a more recent practice, the Speaker was usually 
    authorized by unanimous consent to sign enrolled bills and joint 
    resolutions passed by the two Houses, notwithstanding a sine die 
    adjournment.

    On Oct. 2, 1964,(20) Mr. Carl Albert, of Oklahoma, was 
granted the following unanimous-consent request:
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20. 110 Cong. Rec. 23788, 88th Cong. 2d Sess.
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        Mr. Albert: Mr. Speaker, I ask unanimous consent that 
    notwithstanding the sine die adjournment of the House, the Clerk be 
    authorized to receive messages from the Senate and that the Speaker 
    be authorized to sign any enrolled bills and joint resolutions duly 
    passed by the two Houses and found truly enrolled.
        The Speaker: (1) Without objection, it is so 
    ordered.
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 1. John W. McCormack (Mass).
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        There was no objection.

    Parliamentarian's Note: Since Jan. 5, 1981, permanent authority to 
receive messages from the Senate is carried in Rule III clause 5 [House 
Rules and Manual Sec. 647a (1981)], and the Speaker is authorized to 
sign enrolled bills by Rule I clause 4 [House Rules and Manual Sec. 624 
(1981)].

Sec. 15.5 Notwithstanding any adjournment of the House between Friday 
    and Monday, the Speaker was authorized by unanimous consent to

[[Page 4913]]

    sign enrolled bills and joint resolutions passed by the two Houses.

    On Dec. 13, 1963,(2) Mr. Carl Albert, of Oklahoma, asked 
unanimous consent that notwithstanding any adjournment of the House 
until Monday next the Clerk may be authorized to receive messages from 
the Senate and the Speaker may be authorized to sign any enrolled bills 
and joint resolutions duly passed by the two Houses and found truly 
enrolled.
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 2. 109 Cong. Rec. 24553, 88th Cong. 1st Sess.
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    There was no objection.

Sec. 15.6 The Speaker pro tempore, who had been elected to serve in 
    that capacity, was authorized to sign enrolled bills and joint 
    resolutions notwithstanding an adjournment of the House for only 
    one day.

    On Sept. 21, 1961,(3) Mr. Carl Albert, of Oklahoma, 
asked unanimous consent that notwithstanding the adjournment of the 
House until the next day the Speaker pro tempore (4) be 
authorized to sign any enrolled bills and joint resolutions duly passed 
by the two Houses and found truly enrolled.
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 3. 107 Cong. Rec. 20572, 87th Cong. 1st Sess.
 4. Mr. John W. McCormack, of Massachusetts, had been elected on Aug. 
        31, 1961, to serve as Speaker pro tempore (see H. Jour. 949, 
        87th Cong. 1st Sess.). See Sec. 15.14, infra, as to necessity 
        of House approval of designation of Speaker pro tempore to 
        permit his authorization to sign enrolled bills.
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    There was no objection.

Sec. 15.7 By unanimous consent, the Speaker was, on one occasion, 
    authorized for the remainder of the session to sign enrolled bills 
    and joint resolutions notwithstanding adjournments of the House.

    On Aug. 10, 1961,(5) Mr. John W. McCormack, of 
Massachusetts, asked unanimous consent that notwithstanding any 
adjournment of the House during the present session of the 87th 
Congress the Clerk be authorized to receive messages from the Senate 
and that the Speaker be authorized to sign any enrolled bills and joint 
resolutions duly passed by the two Houses and found truly enrolled.
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 5. 107 Cong. Rec. 15320, 87th Cong. 1st Sess.
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    There was no objection.

Sec. 15.8 The House agreed to a unanimous-consent request that, 
    notwithstanding sine die adjournment, the Speak

[[Page 4914]]

    er be authorized to sign enrolled bills duly passed.

    On Dec. 21, 1943,(6) Mr. John W. McCormack, of 
Massachusetts, made the following request:
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 6. 89 Cong. Rec. 10958, 78th Cong. 1st Sess.
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        Mr. Speaker, I ask unanimous consent that, notwithstanding the 
    sine die adjournment of the first session of the Seventy-eighth 
    Congress, the Speaker be authorized to sign enrolled bills and 
    joint resolutions, duly passed by the two Houses and examined by 
    the Committee on Enrolled Bills and found truly enrolled.

    There was no objection.

Announcements as to Bills Signed During Adjournment

Sec. 15.9 The Speaker informed the House when the elected Speaker pro 
    tempore had, pursuant to authority granted, signed certain enrolled 
    bills during adjournment.

    On July 14, 1958,(7) the Speaker (8) made the 
following statement:
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 7. 104 Cong. Rec. 13675, 85th Cong. 2d Sess.
 8. Sam Rayburn (Tex.).
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         The Chair desires to announce that, pursuant to the authority 
    granted on Thursday, July 10, 1958, the Speaker pro tempore did on 
    July 11, 1958, sign the following enrolled bills of the House:
        H.R. 7963. An act to amend the Small Business Act of 1953, as 
    amended; and
        H.R. 11414. An act to amend section 314(c) of the Public Health 
    Service Act.

Sec. 15.10 The Speaker announced the signing of enrolled bills after 
    the House had adjourned to a day certain.

    On July 26, 1948,(9) the Speaker (10) 
announced that pursuant to House Concurrent Resolution 219 of the 80th 
Congress he had made appointments to special committees and signed 
enrolled bills during an adjournment to a day certain.
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 9. 94 Cong. Rec. 9363, 80th Cong. 2d Sess.
10. Joseph W. Martin, Jr. (Mass.).
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Sec. 15.11 The Speaker announced that following the President's return 
    of an enrolled bill and the reenrollment thereof with a correction, 
    he (the Speaker) had thereafter signed the bill during a period of 
    adjournment.

    On July 20, 1964,(11) the Speaker (12) made 
the following announcement:
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11. 110 Cong. Rec. 16249, 88th Cong. 2d Sess.
12. John W. McCormack (Mass.).
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        The Chair desires to announce that after the President returned 
    the bill,

[[Page 4915]]

    H.R. 10053, the Clerk of the House, pursuant to the provisions of 
    House Concurrent Resolution 323, 88th Congress, caused the bill to 
    be reenrolled with a correction. The Speaker, pursuant to the 
    authority granted him by House Concurrent Resolutions 322 and 323 
    [to sign enrolled bills during an adjournment], 88th Congress, did 
    on July 8, 1964, sign the same.

Vacating Signatures

Sec. 15.12 The House agreed to a Senate concurrent resolution 
    requesting that the action of the Speaker in signing an enrolled 
    bill be rescinded and that the House return to the Senate the 
    message announcing the Senate's agreement to certain House 
    amendments.

    On June 3, 1953,(13) the House, by unanimous consent, 
considered and agreed to the following concurrent resolution (S. Con. 
Res. 31):
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13. 99 Cong. Rec. 6000, 83d Cong. 1st Sess.
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        Resolved by the Senate (the House of Representatives 
    concurring), That the action of the Speaker of the House of 
    Representatives in signing the enrolled bill (S. 1550) to authorize 
    the President to prescribe the occasions upon which the uniform of 
    any of the Armed Forces may be worn by persons honorably discharged 
    therefrom be, and it is hereby, rescinded, and that the House be, 
    and it is hereby, requested to return to the Senate its message 
    announcing its agreement to the House amendments.

Sec. 15.13 The House agreed to a Senate resolution requesting the House 
    to rescind the action of the Speaker in signing an enrolled bill of 
    the House and that such bill be returned to the Senate.

    On July 30, 1942,(14) the Speaker pro tempore 
(15) laid before the House the following resolution from the 
Senate:
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14. 88 Cong. Rec. 6713, 77th Cong. 2d Sess.
15. Alfred L. Bulwinkle (N.C.).
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        Resolved, That the Secretary be directed to request the House 
    of Representatives to rescind the action of the Speaker in signing 
    the enrolled bill (H.R. 7297) entitled ``An act authorizing the 
    assignment of personnel from departments or agencies in the 
    executive branch of the Government to certain investigating 
    committees of the Senate and House of Representatives, and for 
    other purposes,'' and that the House of Representatives be further 
    requested to return the above-numbered engrossed bill to the 
    Senate.
        The Speaker Pro Tempore: Without objection, it is so ordered.
        There was no objection.

Signing of Bills by Speaker Pro Tempore

Sec. 15.14 The House approved the designation of a Speaker

[[Page 4916]]

    pro tempore, thereby enabling him to sign enrolled bills.

    On Feb. 24, 1949,(16) Mr. Mike Mansfield, of Montana, 
offered the following privileged resolution (H. Res. 116):
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16. 95 Cong. Rec. 1489, 81st Cong. lst Sess.
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        Resolved, That the designation of Hon. John W. McCormack, a 
    Representative from the State of Massachusetts, as Speaker pro 
    tempore be approved by the House, and that the President of the 
    United States and the Senate be notified thereof. . . .
        Mr. [Francis H.] Case of South Dakota: As I understand, this is 
    the customary resolution to meet a situation, so that bills may be 
    duly enrolled and presented for signature?
        Mr. Mansfield: The gentleman is correct. . . .
        The resolution was agreed to.

Sec. 15.15 The Speaker invited consideration of a resolution electing a 
    Speaker pro tempore in order that enrolled bills might be signed in 
    his absence.

    On June 9, 1949,(17) the House considered and agreed to 
the following privileged resolution (H. Res. 243):
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17. 95 Cong. Rec. 7509, 81st Cong. lst Sess.
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        Resolved, That Hon. John W. McCormack, a Representative from 
    the State of Massachusetts, be, and he is hereby, elected Speaker 
    pro tempore during the absence of the Speaker.
        Resolved, That the President and the Senate be notified by the 
    Clerk of the election of Hon. John W. McCormack as Speaker pro 
    tempore during the absence of the Speaker.

    The Speaker (18) then offered the explanation below for 
the action taken:
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18. Sam Rayburn (Tex.).
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        This action is taken for two reasons: First, the Speaker will 
    not be here Monday and Tuesday, and the immediate necessity is that 
    there might be some enrolled bills that must be signed.

Signing of Duplicate Copy of Bill

Sec. 15.16 The House agreed to a concurrent resolution authorizing the 
    Speaker and the Vice President to sign a duplicate copy of an 
    enrolled bill and directing the Clerk of the House to transmit it 
    to the President.

    On May 15, 1935,(1) the House, by unanimous consent, 
considered and agreed to the following concurrent resolution (H. Con. 
Res. 21):
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 1. 79 Cong. Rec. 7598, 74th Cong. 1st Sess.
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        Resolved by the House of Representatives (the Senate 
    concurring), That the

[[Page 4917]]

    Speaker of the House of Representatives and the President of the 
    Senate be, and they are hereby, authorized to sign a duplicate copy 
    of the enrolled bill H.R. 6084, entitled ``An act to authorize the 
    city of Ketchikan, Alaska, to issue bonds . . .'' and that, to 
    issue bonds . . .'' and that the Clerk of the House be directed to 
    transmit the same to the President of the United 
    States.(2)
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 2. This concurrent resolution was adopted following the receipt of a 
        communication from the President advising the House that the 
        original copy of the enrolled bill (H.R. 6084) presented to the 
        President had been lost. The President recommended that a 
        duplicate bill be sent to him pursuant to authorization by a 
        concurrent resolution.
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Sec. 15.17 Where the Speaker signs a duplicate copy of an enrolled bill 
    (the original having been lost) pursuant to a concurrent resolution 
    authorizing such signing, he informs the House of that fact.

    On May 27, 1938, (3) the Speaker (4) 
announced that pursuant to Senate Concurrent Resolution 37 the Chair 
had signed a duplicate copy of a Senate bill (S. 3532).
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 3. 83 Cong. Rec. 7645, 75th Cong. 3d Sess.
 4. William B. Bankhead (Ala.).
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Suspension of Proceedings to Permit Signing

Sec. 15.18 Proceedings in the Committee of the Whole may be suspended 
    to allow the Speaker to sign an enrolled bill.

    On Feb. 26, 1964,(5) upon adoption of a motion to rise 
offered by Mr. Wright Patman, of Texas, the Committee of the Whole, at 
the request of the Speaker, suspended consideration of a bill (H.R. 
9022) to amend the International Development Association Act.
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 5. 110 Cong. Rec. 3653, 3654, 88th Cong. 2d Sess.
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    The Speaker (6) then signed an enrolled bill (H.R. 8363) 
to amend the Internal Revenue Code of 1954 to reduce individual and 
corporate income taxes.(7)
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 6. John W. McCormack (Mass.).
 7. Parliamentarian's Note: President Lyndon B. Johnson (Tex.) has 
        scheduled a ceremony in connection with his signing of this 
        bill, the Revenue Act of 1963, later in the day. The White 
        House has informed the Parliamentarian of this fact and the 
        Speaker has agreed to expedite the handling of the enrollment 
        in the House.
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    Mr. Patman then moved that the House resolve itself into the 
Committee of the Whole to continue consideration of H.R. 9022. The 
motion was agreed to.
    Parliamentarian's Note: The Committee is not required to vote to 
rise, but may rise ``informally,'' without motion, to allow the Speaker 
to receive messages from

[[Page 4918]]

the President or the Senate. Since the rules were amended in 1981 to 
permit the Speaker to sign enrolled bills, whether or not the House is 
in session (H. Res. 5, 97th Cong.), the concept of an ``informal 
rising'' of the Committee of the Whole has also been used to permit the 
Speaker to lay enrolled bills before the House. See House Rules and 
Manual Sec. 625 (1983).

 Senate Practice

Sec. 15.19 In the Senate, an acting President pro tempore, designated 
    in writing by the elected President pro tempore, signs enrolled 
    bills.

    On June 20, 1963,(8) the legislative clerk of the Senate 
read the following letter:

 8. 109 Cong. Rec. 11253, 88th Cong. lst Sess.
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                                            U.S. Senate,
                                      President Pro Tempore,
                                  Washington, D.C, June 20,1963.
To the Senate:

        Being temporarily absent from the Senate, I appoint Hon. Birch 
    Bayh, a Senator from the State of Indiana, to perform the duties of 
    the Chair during my absence.
                                                Carl Hayden,
                                            President pro tempore.

    The acting President pro tempore, pursuant to the authority granted 
by Rule I, paragraph 3 (9) of the Senate rules, then signed 
three enrolled bills (H.R. 131, H.R. 3574, and H.J. Res. 180) which had 
been signed by the Speaker and messaged to the Senate.
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 9. Senate Rule I, paragraph 3 provides that ``The President pro 
        tempore shall have the right to name in open Senate or, if 
        absent, in writing, a Senator to perform the duties of the 
        Chair, including the signing of duly enrolled bills and joint 
        resolutions but such substitution shall not extend beyond an 
        adjournment, except by unanimous consent; and the Senator so 
        named shall have the right to name in open session, or, if 
        absent, in writing, a Senator to perform the duties of the 
        Chair, but not to extend beyond an adjournment, except by 
        unanimous consent.''
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