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Passing a Shell of A Bill: Congress’ Secret Plan to Ram Through Health Care Reform
The Heritage Foundation ^ | 09/22/09 | Brian Darling

Posted on 09/23/2009 7:04:56 AM PDT by Reaganesque

With the President and Congress’s plan to pass comprehensive health care reform reaching increasingly high levels of unpopularity, and reconciliation becoming an impediment, the leadership of the Senate is rumored to be preparing a new secret plan to railroad the bill through the Senate in record time by using a seldom used parliamentary procedure.

Their plan is to proceed to a House passed non-health care bill to provide a shell of legislation to give Obamacare a ride to the House then to the President’s desk.  Sound confusing? We lay out the steps below, but essentially the Senate would pass health care reform as an amendment to a completely unrelated bill so the Senate and House could act quickly and without further debate. Even worse? Nobody really knows what that legislation looks like but they plan on voting for it anyway.

Right now, the Senate Finance Committee is in the midst of marking up health care reform “legislation.” Due to Senate procedure, what they are actually marking up is a 200+ page conceptual framework of the actual legislation, not a real bill. That means that not only has no Senator even read the bill but, there is a high probability that the bill hasn’t even been written yet. If the Committee sticks to their artificial deadline of completing work by this Friday then they would have passed a conceptual document reforming the nation’s health care system, spending trillions, without ever seeing an estimated 1,500 pages of legislation, which may or may not be written.

The current plan is to start debate on Obamacare as early as next week under the following four-step scenario:

STEP ONE:  The Senate Finance Committee will finish work on the marking up of Senator Max Baucus’ (D-MT) conceptual framework for legislation by this Friday. Baucus has not unveiled final legislation and, according to the Associated Press, he added some new language to the mark up today. AP reports that “under pressure from fellow Democrats, the chairman of the Senate Finance Committee decided to commit an additional $50 billion over a decade toward making insurance more affordable for working class families.” 

Senators have not been provided any real legislation and are offering amendments this week to Baucus’ 200+ page outline. It is expected that at the end of the process the Senate Finance Committee may produce a bill longer than the 1,000 page House bill that proved so controversial over the August recess. Many Senators are upset that they don’t have final language for a bill, yet still they sit in a Committee Hearing Room this week marking up a draft document that is not in the form of legislative language. The plan is to have this document voted out of the Senate Finance Committee by Friday.

STEP TWO:  Next, Senate Majority Leader Harry Reid will take the final product of the Senate Finance Committee and merge it with the product of the Senate Health, Education, Labor & Pensions (HELP) Committee.  This was the late Senator Kennedy’s (D-MA) bill, introduced by Senator Tom Harkin (D-IA), which passed the HELP Committee on July 15, 2009 on a party line vote.  Remember, most Senators will still not know what they voted for in the Finance Committee.

STEP THREE:  Senator Reid will then move to proceed to H.R. 1586, a bill to impose a tax on bonuses received by certain TARP recipients. This bill was the bill passed by the House in the wake of the AIG bonus controversy and is currently sitting on the Senate Legislative Calendar. Reid will move to proceed, and he will need 60 votes to act on this bill.  After the motion is approved, he will then offer a complete substitute bill purportedly including the combined Senate HELP and Finance Committee products.  This means that the entire health care reform effort will be included as an amendment to a TARP bill that has been collecting dust in the Senate for months.

STEP FOUR:  For this strategy to work, the proponents would need to hold together the liberal caucus of 57 Democrats, 2 Independents (Senators Joe Lieberman of Connecticut and Bernie Sanders of Vermont), and a potential new member replacing the late Senator Kennedy. This scenario would most likely be implemented after the Massachusetts state legislature gives Governor Deval Patrick the power to appoint a new Senator and that Senator is seated by the Senate. According to CQ, the state legislature may pass a bill and present it to Governor Patrick by next week.

Once the Senate passes a bill and sends it to the House, all the House would have to do is pass the bill, without changes, and President Obama will be presented with his health care reform measure thereby transforming within a few weeks 1/6th of the US economy. If this plan does not work, the Senate and House Leadership may consider using reconciliation to pass the legislation. For a more detailed explanation of the reconciliation scenario, please see the Heritage Foundation’s Fact Sheet on Reconciliation here or a handy guide on Reconciliation published in Human Events earlier today.

Does this sound like a transparent, bipartisan and effective way to change the way millions of Americans get their health care? Of course not.


TOPICS: News/Current Events
KEYWORDS: circumvent; congress; demraming; healthcare; ramthrough; read; shellgame; written
So, Congress passed the stimulus package without the majority of it's members having read the bill. Now comes the ultimate abdication of responsibility and duty: passing a bill that hasn't even been written yet. Could this be any more un-democratic? 2010 can't come fast enough.
1 posted on 09/23/2009 7:04:57 AM PDT by Reaganesque
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To: Reaganesque

You can say that again. 2010 will be a bloodbath.


2 posted on 09/23/2009 7:07:50 AM PDT by Eric in the Ozarks
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To: Reaganesque

This is to be filed under “no Duh”. This was the Dem back-up plan all along.


3 posted on 09/23/2009 7:08:56 AM PDT by repubpub
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To: Reaganesque
the liberal caucus of 57 Democrats, 2 Independents (Senators Joe Lieberman of Connecticut and Bernie Sanders of Vermont), and a potential new member

Nelson (D- Ne )will never go along with this, unless he wants to be toast.

4 posted on 09/23/2009 7:15:20 AM PDT by Nonstatist
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To: Reaganesque

Another reason why any bill passed anywhere in the country needs to be a ONE ITEM bill.

There is far too much ‘piggy-backing’ going on everywhere, especially in Washington.

It is downright fraud, IMO.


5 posted on 09/23/2009 7:15:25 AM PDT by ridesthemiles
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To: Reaganesque

This Communist Camel wants to get nis nose under the tent knowing after that ‘revisions’ can be attached as riders on all sorts on really necessary legislation. Its an old, old D.C. tactic perfected by the Libs.


6 posted on 09/23/2009 7:15:59 AM PDT by Don Corleone ("Oil the gun..eat the cannolis. Take it to the Mattress.")
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To: Eric in the Ozarks

The game is over by 2010.


7 posted on 09/23/2009 7:17:33 AM PDT by gathersnomoss (General George Patton had it right.)
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To: Don Corleone

Spot on the money!


8 posted on 09/23/2009 7:17:37 AM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: gathersnomoss; All

“The game is over by 2010.”

Not unless we man every voting site, and count each ballot.


9 posted on 09/23/2009 7:18:37 AM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: Reaganesque
Still, if politicians don’t listen to the American people, in 2010 many may have to reconcile the fact that they’re not Members of Congress anymore.- from the Human Events link above.

If politicians don't listen to the American People, it doesn't matter to the Republic that the Congress gets turned over in 2010. The damage will be done and irreversible unless THIS Congress can be induced to repeal in the first couple of months after passage. By November 2010 the bureaucracy will be, in large part, in place- even if they don't really have anything to do for a couple of years- and no Congress, not even a Conservative Republican Congress will dis-employ all those bureaucrats.

10 posted on 09/23/2009 7:18:43 AM PDT by arthurus ("If you don't believe in shooting abortionists, don't shoot an abortionist." -Ann C.)
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To: repubpub
There is no way they can make this dog hunt. Their odds of holding 60 votes for the process described here in the US Senate are slim to none. Even if they did, the House couldn't pass a health care bill that got 60 votes in the Senate without substantial changes. Nor can the Dems get 51 Senate votes to pass anything that can get through the House.

Inertia is about to triumph yet again. As the Republicans learned between 2000 and 2006, controlling Congress and the White House doesn't mean you can do much. It is much easier to play defense than offense in Washington.

11 posted on 09/23/2009 7:19:33 AM PDT by fluffdaddy (Is anyone else missing Fred Thompson about now?)
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To: stephenjohnbanker
Not unless we man every voting site, and count each ballot.

It will simply not matter even a little who is in Congress in December 2010 if any form of this thing is passed and signed. It is irreversible and ends the Free Economy and, eventually (not long), the Republic.

12 posted on 09/23/2009 7:21:09 AM PDT by arthurus ("If you don't believe in shooting abortionists, don't shoot an abortionist." -Ann C.)
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To: Reaganesque
Buncha RAT bastards.

STEP THREE: Senator Reid will then move to proceed to H.R. 1586, a bill to impose a tax on bonuses received by certain TARP recipients. This bill was the bill passed by the House in the wake of the AIG bonus controversy and is currently sitting on the Senate Legislative Calendar. Reid will move to proceed, and he will need 60 votes to act on this bill.

That may be the saving grace. Hopefully even the RINOS will see what a slimy, sleazy process this is.

2010 is a long way off. We need to keep pounding out the message. But it needs to be refreshed now and again so as not to become boring and repetitive. People are getting motivated. We need to keep that motivation in high gear for a year. A daunting task.

13 posted on 09/23/2009 7:22:09 AM PDT by upchuck (New sign on my pickup: Are you a "Hope and Change" regretter?)
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To: Reaganesque

IIRC, something like this process was used to pass the initial bailout bill? Didn’t the Senate gut a bill on the agenda and sub in the text of the bailout bill for the vote? My concern at the time was the Constitution calls for money bills to originate in the House, and this one started in the Senate; but the process circumvented the House origination requirement, I think. I’ll have to do some more checking...


14 posted on 09/23/2009 7:26:02 AM PDT by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2013: Change we can look forward to.)
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To: arthurus; repubpub; Reaganesque; ridesthemiles; Don Corleone; gathersnomoss; fluffdaddy; ...
RE OBAMACARE: PASTE THIS ON YOUR BATHROOM MIRROR AND MEMORIZE IT . "Medicine is the keystone of the arch of the socialist state,” said Vladimir Lenin.

Once govt gets control of medical care, all the defining, controlling features of socialist govt can be introduced, one by one.

We ain't seen nuttin' yet. Obama’s got BIG plans, much much BIGGER PLANS for us.

Say goodbye to the US way of life.

15 posted on 09/23/2009 7:27:28 AM PDT by Liz
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To: arthurus

Is it truly irreversible? I nkow that it is practically so, but is it literally so?


16 posted on 09/23/2009 7:28:00 AM PDT by getitright (Are you hoping to change back yet?)
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To: gathersnomoss
The game is over by 2010.

If we make it until then.
17 posted on 09/23/2009 7:29:18 AM PDT by Overtaxed Patriot (Liberals are terrible at math.)
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To: ridesthemiles

“Another reason why any bill passed anywhere in the country needs to be a ONE ITEM bill.

There is far too much ‘piggy-backing’ going on everywhere, especially in Washington.

It is downright fraud, IMO.”

Absolutely right!


18 posted on 09/23/2009 7:29:51 AM PDT by DontTreadOnMe2009 (So stop treading on me already!)
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To: upchuck
That may be the saving grace. Hopefully even the RINOS will see what a slimy, sleazy process this is

He doesent need any RINOS for this. All our hopes rest on Nelson and Landrieu and a handfull of cautious Democraps in conservative States. A thin reed, indeed.

19 posted on 09/23/2009 7:35:33 AM PDT by Nonstatist
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To: Nonstatist
All our hopes rest on Nelson and Landrieu and a handfull of cautious Democraps in conservative States.

Who else...?

Time to get in touch with these folks.

20 posted on 09/23/2009 7:44:41 AM PDT by LasVegasMac (Islam: Bringing the world death and destruction for 1400 years!)
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To: Reaganesque
Photobucket
21 posted on 09/23/2009 7:51:45 AM PDT by niteowl77 (You wanted him, and now you have got him. I say, "Good day to you," America.)
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To: gathersnomoss
The game is over by 2010.

The nice phase of the game is over by 2010.

That's when the 2% who will actually ACT will start shooting the bastards and hanging their corpses from lamp posts.

Count on it if this travesty gets passed in this fashion.

22 posted on 09/23/2009 8:00:08 AM PDT by JOAT
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To: Liz
Once govt gets control of medical care, all the defining, controlling features of socialist govt can be introduced, one by one

What would happen if States started seceding from the Union?

23 posted on 09/23/2009 8:00:51 AM PDT by cpdiii (roughneck, oilfield trash and proud of it, geologist, pilot, pharmacist, iconoclast.)
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To: upchuck

“Buncha RAT Bastards”

Hey, thats my saying! LOL So true though!

We need to encourage everyone to get off their asses and vote! The days of complacency are over.

If the polls are right in that the majority of Americans are conservative, We need to make it so next election!

JMHO


24 posted on 09/23/2009 8:12:59 AM PDT by Circle_Hook
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To: Liz
Calm down.

Socialized medicine is every bit as pernicious as you say and our health care system is already dangerously socialized. The Dems desperately want to make a bad situation much worse. The thing is, they can't.

The votes aren't there and they aren't going to be there for any substantial increase in the government's control over health care. The votes aren't there, in large part, because the money isn't there. The government doesn't have it and can't raise it. Even if they managed to roll a shiny new health care program off the lot this year, the repo man would take it back before most of its provisions could take effect. We are going to be dismantling our welfare state in the decades to come because we can't pay for it. Nothing Congress does today can change that reality.

Socialism doesn't work. The left has been able to keep the scam going for years, but it is unraveling now. The socialist idea is dead. It will still twitch for a while, but it can't do a lot more harm.

Keep fighting the good fight, secure in the knowledge that, in the long run we can't lose. Eventually liberty will triumph because our society is deeply committed to it and nothing else works nearly as well. In our current circumstances nothing else will work at all.

25 posted on 09/23/2009 8:33:42 AM PDT by fluffdaddy (Is anyone else missing Fred Thompson about now?)
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To: fluffdaddy
Excellent post.

Cogent and cohesive.....and correct.

Leni

26 posted on 09/23/2009 8:59:58 AM PDT by MinuteGal ( Americans ! FLIP THIS HOUSE ! (( Congress in 2010 ! ))
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To: Eric in the Ozarks
2010 will be a bloodbath.

If the fringe marxists continue with absolute insanity like this, I fear it may be a bloodbath in more ways than one.
27 posted on 09/23/2009 9:05:18 AM PDT by snowrip (Liberal? YOU ARE A SOCIALIST WITH NO RATIONAL ARGUMENT.)
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To: cpdiii
UPDATE---TEXAS BILL HCR 50 HAS PASSED THE HOUSE 99-36.

(a) Affirms that the State of Texas claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution;

(b) Serves notice to the federal government to cease and desist certain mandates, and providing that certain federal legislation be prohibited or repealed.

====================================

SOURCE "Texans Against Government Controlled Health Care"
http://www.notintexas.org/

Facts about the 10th Amendment:

The Tenth Amendment (Amendment X) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.

The Tenth Amendment restates the Constitution’s principle of Federalism by providing that powers not granted to the national government nor prohibited to the states are reserved to the states or the people.

28 posted on 09/23/2009 9:07:19 AM PDT by Liz
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To: fluffdaddy

Here, here!


29 posted on 09/23/2009 10:25:48 AM PDT by Reaganesque
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To: Reaganesque
Didn't they try this tactic with the comprehensive immigration reform last year?

If I recall correctly, since all spending bills must originate in the House, the Senate took an unrelated bill that passed the House, passed an amendment gutting the original contents of the bill, and then passed additional amendments replacing the contents with immigration reform.

This "new" bill was then to go back to the House to be passed again there.

-PJ

30 posted on 09/23/2009 10:35:15 AM PDT by Political Junkie Too (Comprehensive congressional reform legislation only yields incomprehensible bills that nobody reads.)
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To: Political Junkie Too

I don’t know. Could be.


31 posted on 09/23/2009 10:36:38 AM PDT by Reaganesque
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To: Reaganesque

If this is how our “representatives” want to behave, then they no longer server the purpose outlined for them in the Constitution. They are not representatives of the people, and this is no longer a government of, by, and for the people.

This government is a charade, intended to play us against each other, while the “rulers” in DC do whatever they wish to centralize power and money in DC.

They ALL have to go.


32 posted on 09/23/2009 10:41:26 AM PDT by spodefly (This is my tag line. There are many like it, but this one is mine.)
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To: stephenjohnbanker

Not unless we man every voting site, and count each ballot.

And dip each voter’s finger in purple dye, ala Iraq.


33 posted on 09/23/2009 11:37:02 AM PDT by IM2MAD
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To: IM2MAD

“Not unless we man every voting site, and count each ballot.

And dip each voter’s finger in purple dye, ala Iraq.”

I’m with ya brother!


34 posted on 09/23/2009 12:22:36 PM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: Reaganesque
Once the Senate passes a bill and sends it to the House, all the House would have to do is pass the bill, without changes ...

And therein lies the failure of the plan, there is no way the House will provide the necessary 218. The Black Caucus will not vote unless they get the public option, not the phony co-op stuff, but all-out coverage to every citizen, the first step to single-payer. And Bart Stupak (D-MI) is on record with Pelosi, he has the votes to kill any bill that does not include the Hyde amendment language, Baucus does not -- I don't know if any of these hundreds of amendments does, but at this point, without that, the pro-life folks will deny passage and this is one principle that cannot be bartered away with pork deals.

35 posted on 09/23/2009 12:27:15 PM PDT by MozarkDawg
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To: PubliusMM
It is a typical move, amend a bill from the House, even if it is non-germane, in order to get something passed. But because the language is different from the first bill out, it must go back to the House to get the 218 again, there is no guarantee whatever at this point.

You are correct in your concern, this is what helped defeat the crummy Amnesty bill, Bush made a deal with a bunch of Senators and totally forgot the Constitutional requirement that all bills for raising Revenue shall originate in the House, they didn't use this "amend a bill already passed" maneuver, several members of the House were on record set to kill a law with SC challenge.

36 posted on 09/23/2009 12:33:56 PM PDT by MozarkDawg
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To: getitright
Is it truly irreversible? I nkow that it is practically so, but is it literally so?

If something does pass and is signed with an effective date of 2013, then no, it would not be literally irreversible, because it would mean in 2010, they hadn't yet been able to install all the levers and set up all the new bureaucracy. But should something actually be passed and signed into law now, they would have two years to make a good start on things, it won't be pretty, the upheaval. I'm concerned at the idea of having to trust the GOP to do the reversal, the people who will be in the leadership/chairman roles, due to seniority, they have demonstrated time and again that they do not hold to true, conservative principles and many of them have shown a real disdain for the people, our wishes and viewpoints, unfortunate as that sounds. I wish I felt better about things.

The only answer is no bill, no new law, Glenn Beck's idea of quarantine on Washington.

37 posted on 09/23/2009 12:42:28 PM PDT by MozarkDawg
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To: socialismisinsidious


Socialized Medicine aka Universal Health Care daily digest PING LIST

FReepmail me if you want to be added to or removed from this daily digest ping list (one ping per day of links to pertinent articles).




38 posted on 09/23/2009 7:55:13 PM PDT by socialismisinsidious ( The socialist income tax system turns US citizens into beggars or quitters!)
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To: LasVegasMac

Landrieu gets daily calls, e-mails, etc.. from me and has for a long time. Many times her voice mail box is full and can’t take any more messages. Louisiana is screaming. I know for a fact she is co-sponsoring the Wyden bill and won’t go public option per se, but it remains to be seen if she’ll go for the Baucus bill. I pray she grows some sense. Wyden bill may never come up for a vote - fine by me as it contains indiv. mandate, state legislated co-op, etc.... Main difference seems to be it’s centered on the state level rather than the fed level. Still too much government intervention in our health care!


39 posted on 09/23/2009 11:16:50 PM PDT by JLLH
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To: spodefly

Pat Cadell said it on Glenn Beck: The government has become the enemy of the American people.


40 posted on 09/23/2009 11:31:37 PM PDT by firebrand
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To: Liz
The amazing thing about the Texas action is that it makes perfect sense to me.

If some in Texas do not like it, they are free to move to any of the remaining 49 States (57 if you're Obama), that are not seeking Sovereignty from the Federal Government.

When the Federal Government succeeds in infringing on States Rights, the Citizens of those States have nowhere to go. Their only solution would be to move to a Foreign Country that has no problem restricting the Rights of their Citizens.

41 posted on 09/23/2009 11:59:03 PM PDT by Kickass Conservative (Conservatives THINK people are smart. Liberals KNOW people are stupid.)
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To: Reaganesque

BTTT


42 posted on 09/29/2009 5:37:06 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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