[110th Congress Public Law 178]
[From the U.S. Government Printing Office]


[DOCID: f:publ178.110]

[[Page 2545]]

U.S. CAPITOL POLICE AND LIBRARY OF CONGRESS POLICE MERGER IMPLEMENTATION 
                               ACT OF 2007

[[Page 121 STAT. 2546]]

Public Law 110-178
110th Congress

                                 An Act


 
  To provide for the transfer of the Library of Congress police to the 
 United States Capitol Police, and for other purposes. <<NOTE: Jan. 7, 
                         2008 -  [H.R. 3690]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: U.S. Capitol Police and 
Library of Congress Police Merger Implementation Act of 
2007.>> assembled,
SECTION 1. <<NOTE: 2 USC 1901 note.>> SHORT TITLE.

    This Act may be cited as the ``U.S. Capitol Police and Library of 
Congress Police Merger Implementation Act of 2007''.
SEC. 2. <<NOTE: 2 USC 1901 note.>> TRANSFER OF PERSONNEL.

    (a) <<NOTE: Effective date.>> Transfers.--
            (1) Library of congress police employees.--Effective on the 
        employee's transfer date, each Library of Congress Police 
        employee shall be transferred to the United States Capitol 
        Police and shall become either a member or civilian employee of 
        the Capitol Police, as determined by the Chief of the Capitol 
        Police under subsection (b).
            (2) Library of congress police civilian employees.--
        Effective on the employee's transfer date, each Library of 
        Congress Police civilian employee shall be transferred to the 
        United States Capitol Police and shall become a civilian 
        employee of the Capitol Police.

    (b) Treatment of Library of Congress Police Employees.--
            (1) Determination of status within capitol police.--
                    (A) Eligibility to serve as members of the capitol 
                police.--A Library of Congress Police employee shall 
                become a member of the Capitol Police on the employee's 
                transfer date if the Chief of the Capitol Police 
                determines and issues a written certification that the 
                employee meets each of the following requirements:
                          (i) Based on the assumption that such employee 
                      would perform a period of continuous Federal 
                      service after the transfer date, the employee 
                      would be entitled to an annuity for immediate 
                      retirement under section 8336(b) or 8412(b) of 
                      title 5, United States Code (as determined by 
                      taking into account paragraph (3)(A)), on the date 
                      such employee becomes 60 years of age.
                          (ii) During the transition period, the 
                      employee successfully completes training, as 
                      determined by the Chief of the Capitol Police.
                          (iii) The employee meets the qualifications 
                      required to be a member of the Capitol Police, as 
                      determined by the Chief of the Capitol Police.

[[Page 121 STAT. 2547]]

                    (B) Service as civilian employee of capitol 
                police.--If the Chief of the Capitol Police determines 
                that a Library of Congress Police employee does not meet 
                the eligibility requirements, the employee shall become 
                a civilian employee of the Capitol Police on the 
                employee's transfer date.
                    (C) Finality of determinations.--Any determination 
                of the Chief of the Capitol Police under this paragraph 
                shall not be appealable or reviewable in any manner.
                    (D) Deadline for determinations.--The Chief of the 
                Capitol Police shall complete the determinations 
                required under this paragraph for all Library of 
                Congress Police employees not later than September 30, 
                2009.
            (2) Exemption from mandatory separation.--Section 8335(c) or 
        8425(c) of title 5, United States Code, shall not apply to any 
        Library of Congress Police employee who becomes a member of the 
        Capitol Police under this subsection, until the earlier of--
                    (A) the date on which the individual is entitled to 
                an annuity for immediate retirement under section 
                8336(b) or 8412(b) of title 5, United States Code; or
                    (B) the date on which the individual--
                          (i) is 57 years of age or older; and
                          (ii) is entitled to an annuity for immediate 
                      retirement under section 8336(m) or 8412(d) of 
                      title 5, United States Code, (as determined by 
                      taking into account paragraph (3)(A)).
            (3) Treatment of prior creditable service for retirement 
        purposes.--
                    (A) Prior service for purposes of eligibility for 
                immediate retirement as member of capitol police.--Any 
                Library of Congress Police employee who becomes a member 
                of the Capitol Police under this subsection shall be 
                entitled to have any creditable service under section 
                8332 or 8411 of title 5, United States Code, that was 
                accrued prior to becoming a member of the Capitol Police 
                included in calculating the employee's service as a 
                member of the Capitol Police for purposes of section 
                8336(m) or 8412(d) of title 5, United States Code.
                    (B) Prior service for purposes of computation of 
                annuity.--Any creditable service under section 8332 or 
                8411 of title 5, United States Code, of an individual 
                who becomes a member of the Capitol Police under this 
                subsection that was accrued prior to becoming a member 
                of the Capitol Police--
                          (i) shall be treated and computed as employee 
                      service under section 8339 or section 8415 of such 
                      title; but
                          (ii) shall not be treated as service as a 
                      member of the Capitol Police or service as a 
                      congressional employee for purposes of applying 
                      any formula under section 8339(b), 8339(q), 
                      8415(c), or 8415(d) of such title under which a 
                      percentage of the individual's average pay is 
                      multiplied by the years (or other period) of such 
                      service.

    (c) Duties of Employees Transferred to Civilian Positions.--

[[Page 121 STAT. 2548]]

            (1) Duties.--The duties of any individual who becomes a 
        civilian employee of the Capitol Police under this section, 
        including a Library of Congress Police civilian employee under 
        subsection (a)(2) and a Library of Congress Police employee who 
        becomes a civilian employee of the Capitol Police under 
        subsection (b)(1)(B), shall be determined solely by the Chief of 
        the Capitol Police, except that a Library of Congress Police 
        civilian employee under subsection (a)(2) shall continue to 
        support Library of Congress police operations until all Library 
        of Congress Police employees are transferred to the United 
        States Capitol Police under this section.
            (2) Finality of determinations.--Any determination of the 
        Chief of the Capitol Police under this subsection shall not be 
        appealable or reviewable in any manner.

    (d) Protecting Status of Transferred Employees.--
            (1) Nonreduction in pay, rank, or grade.--The transfer of 
        any individual under this section shall not cause that 
        individual to be separated or reduced in basic pay, rank or 
        grade.
            (2) Leave and compensatory time.--Any annual leave, sick 
        leave, or other leave, or compensatory time, to the credit of an 
        individual transferred under this section shall be transferred 
        to the credit of that individual as a member or an employee of 
        the Capitol Police (as the case may be). The treatment of leave 
        or compensatory time transferred under this section shall be 
        governed by regulations of the Capitol Police Board.
            (3) Prohibiting imposition of probationary period.--The 
        Chief of the Capitol Police may not impose a period of probation 
        with respect to the transfer of any individual who is 
        transferred under this section.

    (e) Rules of Construction Relating to Employee Representation.--
            (1) Employee representation.--Nothing in this Act shall be 
        construed to authorize any labor organization that represented 
        an individual who was a Library of Congress police employee or a 
        Library of Congress police civilian employee before the 
        individual's transfer date to represent that individual as a 
        member of the Capitol Police or an employee of the Capitol 
        Police after the individual's transfer date.
            (2) Agreements not applicable.--Nothing in this Act shall be 
        construed to authorize any collective bargaining agreement (or 
        any related court order, stipulated agreement, or agreement to 
        the terms or conditions of employment) applicable to Library of 
        Congress police employees or to Library of Congress police 
        civilian employees to apply to members of the Capitol Police or 
        to civilian employees of the Capitol Police.

    (f) Rule of Construction Relating to Personnel Authority of the 
Chief of the Capitol Police.--Nothing in this Act shall be construed to 
affect the authority of the Chief of the Capitol Police to--
            (1) terminate the employment of a member of the Capitol 
        Police or a civilian employee of the Capitol Police; or
            (2) transfer any individual serving as a member of the 
        Capitol Police or a civilian employee of the Capitol Police to 
        another position with the Capitol Police.

    (g) Transfer Date Defined.--In this Act, the term ``transfer date'' 
means, with respect to an employee--

[[Page 121 STAT. 2549]]

            (1) in the case of a Library of Congress Police employee who 
        becomes a member of the Capitol Police, the first day of the 
        first pay period applicable to members of the United States 
        Capitol Police which begins after the date on which the Chief of 
        the Capitol Police issues the written certification for the 
        employee under subsection (b)(1);
            (2) in the case of a Library of Congress Police employee who 
        becomes a civilian employee of the Capitol Police, the first day 
        of the first pay period applicable to employees of the United 
        States Capitol Police which begins after September 30, 2009; or
            (3) in the case of a Library of Congress Police civilian 
        employee, the first day of the first pay period applicable to 
        employees of the United States Capitol Police which begins after 
        September 30, 2008.

    (h) Cancellation in Portion of Unobligated Balance of FEDLINK 
Revolving Fund.--Amounts available for obligation by the Librarian of 
Congress as of the date of the enactment of this Act from the 
unobligated balance in the revolving fund established under section 103 
of the Library of Congress Fiscal Operations Improvement Act of 2000 (2 
U.S.C. 182c) for the Federal Library and Information Network program of 
the Library of Congress and the Federal Research program of the Library 
of Congress are reduced by a total of $560,000, and the amount so 
reduced is hereby cancelled.
SEC. 3. <<NOTE: 2 USC 1901 note.>> TRANSITION PROVISIONS.

    (a) Transfer and Allocations of Property and Appropriations.--
            (1) In general.--Effective <<NOTE: Effective date.>> on the 
        transfer date of any Library of Congress Police employee and 
        Library of Congress Police civilian employee who is transferred 
        under this Act--
                    (A) the assets, liabilities, contracts, property, 
                and records associated with the employee shall be 
                transferred to the Capitol Police; and
                    (B) the unexpended balances of appropriations, 
                authorizations, allocations, and other funds employed, 
                used, held, arising from, available to, or to be made 
                available in connection with the employee shall be 
                transferred to and made available under the 
                appropriations accounts for the Capitol Police for 
                ``Salaries'' and ``General Expenses'', as applicable.
            (2) Joint review.--During the transition period, the Chief 
        of the Capitol Police and the Librarian of Congress shall 
        conduct a joint review of the assets, liabilities, contracts, 
        property records, and unexpended balances of appropriations, 
        authorizations, allocations, and other funds employed, used, 
        held, arising from, available to, or to be made available in 
        connection with the transfer under this Act.

    (b) Treatment of Alleged Violations of Certain Employment Laws With 
Respect to Transferred Individuals.--
            (1) In <<NOTE: Applicability.>> general.--Notwithstanding 
        any other provision of law and except as provided in paragraph 
        (3), in the case of an alleged violation of any covered law (as 
        defined in paragraph (4)) which is alleged to have occurred 
        prior to the transfer date with respect to an individual who is 
        transferred under this Act, and for which the individual has not 
        exhausted all

[[Page 121 STAT. 2550]]

        of the remedies available for the consideration of the alleged 
        violation which are provided for employees of the Library of 
        Congress under the covered law prior to the transfer date, the 
        following shall apply:
                    (A) The individual may not initiate any procedure 
                which is available for the consideration of the alleged 
                violation of the covered law which is provided for 
                employees of the Library of Congress under the covered 
                law.
                    (B) To the extent that the individual has initiated 
                any such procedure prior to the transfer date, the 
                procedure shall terminate and have no legal effect.
                    (C) Subject to paragraph (2), the individual may 
                initiate and participate in any procedure which is 
                available for the resolution of grievances of officers 
                and employees of the Capitol Police under the 
                Congressional Accountability Act of 1995 (2 U.S.C. 1301 
                et seq.) to provide for consideration of the alleged 
                violation. The previous sentence does not apply in the 
                case of an alleged violation for which the individual 
                exhausted all of the available remedies which are 
                provided for employees of the Library of Congress under 
                the covered law prior to the transfer date.
            (2) Special rules for applying congressional accountability 
        act of 1995.--In applying paragraph (1)(C) with respect to an 
        individual to whom this subsection applies, for purposes of the 
        consideration of the alleged violation under the Congressional 
        Accountability Act of 1995--
                    (A) the date of the alleged violation shall be the 
                individual's transfer date;
                    (B) notwithstanding the third sentence of section 
                402(a) of such Act (2 U.S.C. 1402(a)), the individual's 
                request for counseling under such section shall be made 
                not later than 60 days after the date of the alleged 
                violation; and
                    (C) the employing office of the individual at the 
                time of the alleged violation shall be the Capitol 
                Police Board.
            (3) Exception for alleged violations subject to hearing 
        prior to transfer.--Paragraph (1) does not apply with respect to 
        an alleged violation for which a hearing has commenced in 
        accordance with the covered law on or before the transfer date.
            (4) Covered law defined.--In this subsection, a ``covered 
        law'' is any law for which the remedy for an alleged violation 
        is provided for officers and employees of the Capitol Police 
        under the Congressional Accountability Act of 1995 (2 U.S.C. 
        1301 et seq.).

    (c) Availability of Detailees During Transition Period.--During the 
transition period, the Chief of the Capitol Police may detail additional 
members of the Capitol Police to the Library of Congress, without 
reimbursement.
    (d) Effect on Existing Memorandum of Understanding.--The Memorandum 
of Understanding between the Library of Congress and the Capitol Police 
entered into on December 12, 2004, shall remain in effect during the 
transition period, subject to--
            (1) the provisions of this Act; and

[[Page 121 STAT. 2551]]

            (2) such modifications as may be made in accordance with the 
        modification and dispute resolution provisions of the Memorandum 
        of Understanding, consistent with the provisions of this Act.

    (e) Rule of Construction Relating to Personnel Authority of the 
Librarian of Congress.--Nothing in this Act shall be construed to affect 
the authority of the Librarian of Congress to--
            (1) terminate the employment of a Library of Congress Police 
        employee or Library of Congress Police civilian employee; or
            (2) transfer any individual serving in a Library of Congress 
        Police employee position or Library of Congress Police civilian 
        employee position to another position at the Library of 
        Congress.
SEC. 4. POLICE JURISDICTION, UNLAWFUL ACTIVITIES, AND PENALTIES.

    (a) Jurisdiction.--
            (1) Extension of capitol police jurisdiction.--Section 9 of 
        the Act entitled ``An Act to define the area of the United 
        States Capitol Grounds, to regulate the use thereof, and for 
        other purposes'', approved July 31, 1946 (2 U.S.C. 1961) is 
        amended by adding at the end the following:

    ``(d) For purposes of this section, `United States Capitol Buildings 
and Grounds' shall include the Library of Congress buildings and grounds 
described under section 11 of the Act entitled `An Act relating to the 
policing of the buildings of the Library of Congress', approved August 
4, 1950 (2 U.S.C. 167j), except that in a case of buildings or grounds 
not located in the District of Columbia, the authority granted to the 
Metropolitan Police Force of the District of Columbia shall be granted 
to any police force within whose jurisdiction the buildings or grounds 
are located.''.
            (2) Repeal of <<NOTE: Effective date. 2 USC 167 
        note.>> library of congress police jurisdiction.--The first 
        section and sections 7 and 9 of the Act of August 4, 1950 (2 
        U.S.C. 167, 167f, 167h) are repealed on October 1, 2009.

    (b) Unlawful Activities and Penalties.--
            (1) Extension of united states capitol buildings and grounds 
        provisions to the library of congress buildings and grounds.--
                    (A) Capitol buildings.--Section 5101 of title 40, 
                United States Code, is amended by inserting ``all 
                buildings on the real property described under section 
                5102(d)'' after ``(including the Administrative Building 
                of the United States Botanic Garden)''.
                    (B) Capitol grounds.--Section 5102 of title 40, 
                United States Code, is amended by adding at the end the 
                following:

    ``(d) Library of Congress Buildings and Grounds.--
            ``(1) In general.--Except as provided under paragraph (2), 
        the United States Capitol Grounds shall include the Library of 
        Congress grounds described under section 11 of the Act entitled 
        `An Act relating to the policing of the buildings of the Library 
        of Congress', approved August 4, 1950 (2 U.S.C. 167j).
            ``(2) Authority of librarian of congress.--Notwithstanding 
        subsections (a) and (b), the Librarian of Congress

[[Page 121 STAT. 2552]]

        shall retain authority over the Library of Congress buildings 
        and grounds in accordance with section 1 of the Act of June 29, 
        1922 (2 U.S.C. 141; 42 Stat. 715).''.
                    (C) Conforming amendment relating to disorderly 
                conduct.--Section 5104(e)(2) of title 40, United States 
                Code, is amended by striking subparagraph (C) and 
                inserting the following:
                    ``(C) with the intent to disrupt the orderly conduct 
                of official business, enter or remain in a room in any 
                of the Capitol Buildings set aside or designated for the 
                use of--
                          ``(i) either House of Congress or a Member, 
                      committee, officer, or employee of Congress, or 
                      either House of Congress; or
                          ``(ii) the Library of Congress;''.
            (2) Repeal of offenses and penalties specific to the library 
        of congress.--Sections 2, 3, 4, 5, 6, and 8 of the Act of August 
        4, 1950 (2 U.S.C. 167a, 167b, 167c, 167d, 167e, and 167g) are 
        repealed.
            (3) Suspension of prohibitions against use of library of 
        congress buildings and grounds.--Section 10 of the Act of August 
        4, 1950 (2 U.S.C. 167i) is amended by striking ``2 to 6, 
        inclusive, of this Act'' and inserting ``5103 and 5104 of title 
        40, United States Code''.
            (4) Conforming amendment to description of library of 
        congress grounds.--Section 11 of the Act of August 4, 1950 (2 
        U.S.C. 167j) is amended--
                    (A) in subsection (a), by striking ``For the 
                purposes of this Act the'' and inserting ``The'';
                    (B) in subsection (b), by striking ``For the 
                purposes of this Act, the'' and inserting ``The'';
                    (C) in subsection (c), by striking ``For the 
                purposes of this Act, the'' and inserting ``The''; and
                    (D) in subsection (d), by striking ``For the 
                purposes of this Act, the'' and inserting ``The''.

    (c) Conforming Amendment Relating to Jurisdiction of Inspector 
General of Library of Congress.--Section 1307(b)(1) of the Legislative 
Branch Appropriations Act, 2006 (2 U.S.C. 185(b)), is amended by 
striking the semicolon at the end and inserting the following: ``, 
except that nothing in this paragraph may be construed to authorize the 
Inspector General to audit or investigate any operations or activities 
of the United States Capitol Police;''.
    (d) Effective <<NOTE: 2 USC 167 note.>> Date.--The amendments made 
by this section shall take effect October 1, 2009.
SEC. 5. <<NOTE: 2 USC 141b.>> COLLECTIONS, PHYSICAL SECURITY, 
                    CONTROL, AND PRESERVATION OF ORDER AND DECORUM 
                    WITHIN THE LIBRARY.

    (a) Establishment of Regulations.--The Librarian of Congress shall 
establish standards and regulations for the physical security, control, 
and preservation of the Library of Congress collections and property, 
and for the maintenance of suitable order and decorum within Library of 
Congress.
    (b) Treatment of Security Systems.--
            (1) Responsibility for security systems.--In accordance with 
        the authority of the Capitol Police and the Librarian of 
        Congress established under this Act, the amendments made

[[Page 121 STAT. 2553]]

        by this Act, and the provisions of law referred to in paragraph 
        (3), the Chief of the Capitol Police and the Librarian of 
        Congress shall be responsible for the operation of security 
        systems at the Library of Congress buildings and grounds 
        described under section 11 of the Act of August 4, 1950, in 
        consultation and coordination with each other, subject to the 
        following:
                    (A) The Librarian of Congress shall be responsible 
                for the design of security systems for the control and 
                preservation of Library collections and property, 
                subject to the review and approval of the Chief of the 
                Capitol Police.
                    (B) The Librarian of Congress shall be responsible 
                for the operation of security systems at any building or 
                facility of the Library of Congress which is located 
                outside of the District of Columbia, subject to the 
                review and approval of the Chief of the Capitol Police.
            (2) Initial <<NOTE: Deadline.>> proposal for operation of 
        systems.--Not later than October 1, 2008, the Chief of the 
        Capitol Police, in coordination with the Librarian of Congress, 
        shall prepare and submit to the Committee on House 
        Administration of the House of Representatives, the Committee on 
        Rules and Administration of the Senate, and the Committees on 
        Appropriations of the House of Representatives and the Senate an 
        initial proposal for carrying out this subsection.
            (3) Provisions of law.--The provisions of law referred to in 
        this paragraph are as follows:
                    (A) Section 1 of the Act of June 29, 1922 (2 U.S.C. 
                141).
                    (B) The undesignated provision under the heading 
                ``General Provision, This Chapter'' in chapter 5 of 
                title II of division B of the Omnibus Consolidated and 
                Emergency Supplemental Appropriations Act, 1999 (2 
                U.S.C. 141a).
                    (C) Section 308 of the Legislative Branch 
                Appropriations Act, 1996 (2 U.S.C. 1964).
                    (D) Section 308 of the Legislative Branch 
                Appropriations Act, 1997 (2 U.S.C. 1965).
SEC. 6. PAYMENT OF CAPITOL POLICE SERVICES PROVIDED IN CONNECTION 
                    WITH RELATING TO LIBRARY OF CON- GRESS SPECIAL 
                    EVENTS.

    (a) Payments of Amounts Deposited in Revolving Fund.--Section 102(e) 
of the Library of Congress Fiscal Operations Improvement Act of 2000 (2 
U.S.C. 182b(e)) is amended to read as follows:
    ``(e) Use of Amounts.--
            ``(1) In general.--Except as provided in paragraph (2), 
        amounts in the accounts of the revolving fund under this section 
        shall be available to the Librarian, in amounts specified in 
        appropriations Acts and without fiscal year limitation, to carry 
        out the programs and activities covered by such accounts.
            ``(2) Special rule for payments for certain capitol police 
        services.--In the case of any amount in the revolving fund 
        consisting of a payment received for services of the United 
        States Capitol Police in connection with a special event or 
        program described in subsection (a)(4), the Librarian shall 
        transfer such amount upon receipt to the Capitol Police for

[[Page 121 STAT. 2554]]

        deposit into the applicable appropriations accounts of the 
        Capitol Police.''.

    (b) Use <<NOTE: 2 USC 143c.>> of Other Library Funds To Make 
Payments.--In addition to amounts transferred pursuant to section 
102(e)(2) of the Library of Congress Fiscal Operations Improvement Act 
of 2000 (as added by subsection (a)), the Librarian of Congress may 
transfer amounts made available for salaries and expenses of the Library 
of Congress during a fiscal year to the applicable appropriations 
accounts of the United States Capitol Police in order to reimburse the 
Capitol Police for services provided in connection with a special event 
or program described in section 102(a)(4) of such Act.

    (c) Effective <<NOTE: 2 USC 1826 note.>> Date.--The amendments made 
by this section shall apply with respect to services provided by the 
United States Capitol Police on or after the date of the enactment of 
this Act.
SEC. 7. OTHER CONFORMING AMENDMENTS.

    (a) In General.--Section 1015 of the Legislative Branch 
Appropriations Act, 2003 (2 U.S.C. 1901 note) and section 1006 of the 
Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1901 note; Public 
Law 108-83; 117 Stat. 1023) are repealed.
    (b) Effective <<NOTE: 2 USC 1901 note.>> Date.--The amendments made 
by subsection (a) shall take effect October 1, 2009.
SEC. 8. <<NOTE: 2 USC 1901 note.>> DEFINITIONS.

    In this Act--
            (1) the term ``Act of August 4, 1950'' means the Act 
        entitled ``An Act relating to the policing of the buildings and 
        grounds of the Library of Congress,'' (2 U.S.C. 167 et seq.);
            (2) the term ``Library of Congress Police employee'' means 
        an employee of the Library of Congress designated as police 
        under the first section of the Act of August 4, 1950 (2 U.S.C. 
        167);
            (3) the term ``Library of Congress Police civilian 
        employee'' means an employee of the Library of Congress Office 
        of Security and Emergency Preparedness who provides direct 
        administrative support to, and is supervised by, the Library of 
        Congress Police, but shall not include an employee of the 
        Library of Congress who performs emergency preparedness or 
        collections control and preservation functions; and

[[Page 121 STAT. 2555]]

            (4) the term ``transition period'' means the period the 
        first day of which is the date of the enactment of this Act and 
        the final day of which is September 30, 2009.

    Approved January 7, 2008.

LEGISLATIVE HISTORY--H.R. 3690:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-470, Pt. 1 (Comm. on House Administration).
CONGRESSIONAL RECORD, Vol. 153 (2007):
            Dec. 5, considered and passed House.
            Dec. 17, considered and passed Senate, amended.
            Dec. 18, House concurred in Senate amendment.

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