Senate
File
2272
-
Reprinted
SENATE
FILE
2272
BY
COMMITTEE
ON
LABOR
AND
BUSINESS
RELATIONS
(SUCCESSOR
TO
SSB
3068)
(As
Amended
and
Passed
by
the
Senate
February
26,
2020
)
A
BILL
FOR
An
Act
relating
to
public
assistance
program
oversight,
and
1
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
SF
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DIVISION
I
1
DATA
MATCHING
——
PREVENTION
OF
MULTIPLE
ISSUANCES
OF
2
SUPPLEMENTAL
NUTRITION
ASSISTANCE
PROGRAM
(SNAP)
BENEFITS
3
Section
1.
DATA
MATCHING
——
PREVENTION
OF
MULTIPLE
4
ISSUANCES
OF
SUPPLEMENTAL
NUTRITION
ASSISTANCE
PROGRAM
(SNAP)
5
BENEFITS.
By
October
1,
2020,
the
department
of
human
services
6
shall
request
any
federal
waiver
or
approval
necessary
from
the
7
food
and
nutrition
service
of
the
United
States
department
of
8
agriculture
in
order
to
comply
with
section
4011
of
the
federal
9
Agriculture
Improvement
Act
of
2018,
Pub.
L.
No.
115-334,
and
10
the
regulations
adopted
under
the
Act.
Upon
receipt
of
any
11
necessary
federal
waiver
or
approval,
the
department
shall
12
contract
with
a
third-party
vendor
to
conduct
national
accuracy
13
clearinghouse
matches
and
corresponding
actions
in
accordance
14
with
the
federal
law
and
regulations
to
provide
real-time
15
prevention
of
duplicate
participation
upon
a
potential
16
beneficiary’s
application
for
SNAP
benefits.
17
Sec.
2.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
18
deemed
of
immediate
importance,
takes
effect
upon
enactment.
19
DIVISION
II
20
INCOME
AND
IDENTITY
VERIFICATION
——
PUBLIC
ASSISTANCE
PROGRAMS
21
Sec.
3.
NEW
SECTION
.
239.1
Definitions.
22
As
used
in
this
chapter,
unless
the
context
otherwise
23
requires:
24
1.
“Applicant”
means
an
individual
who
is
applying
for
25
public
assistance
benefits
in
the
state.
26
2.
“Asset”
or
“asset
test”
means
all
assets
of
the
members
27
of
the
applicant’s
household,
including
all
of
the
following:
28
a.
All
bank
accounts,
excluding
retirement
accounts
of
29
members
of
the
household.
30
b.
All
cash,
excluding
the
first
two
thousand
dollars
of
31
members
of
the
household.
32
c.
All
lottery
and
gambling
income
of
the
household
whether
33
received
as
a
lump
sum
or
installment
payments.
34
d.
All
real
estate,
excluding
the
primary
household
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residence
and
surrounding
lot.
1
e.
All
other
personal
property
excluding
personal
2
belongings,
household
goods,
and
one
vehicle.
3
3.
“Department”
means
the
department
of
human
services.
4
4.
“Public
assistance”
means
SNAP
(the
supplemental
5
nutrition
assistance
program),
the
Medicaid
program,
FIP
(the
6
family
investment
program),
and
CHIP
(the
children’s
health
7
insurance
program).
8
5.
“Real-time
system”
means
real-time
electronic
access
9
to
a
system
that
allows
verification
of
all
applicable
public
10
assistance
program
eligibility
information
based
on
the
11
most
recent
information
available
to
the
department
through
12
nonmodeled
earned
and
unearned
income,
such
as
commercially
13
available
wage
data.
14
6.
“Recipient”
means
an
individual
who
is
receiving
public
15
assistance
benefits
in
the
state.
16
Sec.
4.
NEW
SECTION
.
239.2
Asset
test
for
supplemental
17
nutrition
assistance
program.
18
1.
For
the
purposes
of
determining
eligibility
for
receipt
19
of
SNAP
benefits,
the
department
shall
conduct
an
asset
test
20
on
all
members
of
the
applicant’s
household.
The
allowable
21
financial
resources
to
be
included
in
or
excluded
from
a
22
determination
of
eligibility
for
SNAP
shall
be
those
specified
23
in
7
U.S.C.
§2014(g)(1).
24
2.
Prior
to
determining
eligibility
for
SNAP
benefits,
25
the
department
shall
access,
at
a
minimum,
for
every
member
26
of
the
applicant’s
household,
the
following
information
from
27
the
following
federal,
state,
and
miscellaneous
sources,
or
28
successor
sources:
29
a.
Federal
sources
and
information:
30
(1)
Earned
and
unearned
income
information
maintained
by
31
the
internal
revenue
service.
32
(2)
The
following
sources
and
information
maintained
by
the
33
United
States
social
security
administration:
34
(a)
Earned
income
information.
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(b)
Death
register
information.
1
(c)
Prisoner
or
incarceration
status
information.
2
(d)
Supplemental
security
income
information
maintained
in
3
the
state
data
exchange
database.
4
(e)
Beneficiary
records
and
earnings
information
maintained
5
in
the
beneficiary
and
earnings
data
exchange
database.
6
(f)
Earnings
and
pension
information
maintained
in
the
7
beneficiary
earnings
exchange
record
system
database.
8
(3)
The
following
sources
and
information
maintained
by
the
9
United
States
department
of
health
and
human
services:
10
(a)
Income
and
employment
information
maintained
in
the
11
national
directory
of
new
hires
database
by
the
office
of
child
12
support
enforcement
of
the
administration
for
children
and
13
families.
14
(b)
Other
federal
data
sources
maintained
by
the
office
of
15
child
support
enforcement
of
the
administration
for
children
16
and
families.
17
b.
State
sources
and
information:
18
(1)
The
department’s
sources
and
information
including
but
19
not
limited
to
all
of
the
following:
20
(a)
Income
and
employment
information
maintained
by
the
21
child
support
recovery
unit.
22
(b)
Child
care
assistance
information
maintained
by
the
23
division
of
child
and
family
services.
24
(c)
Enrollment
status
in
other
public
assistance
programs.
25
(2)
The
department
of
workforce
development
sources
and
26
information
including
all
of
the
following:
27
(a)
Employment
information.
28
(b)
Employer
weekly,
monthly,
and
quarterly
reports
of
29
income
and
unemployment
insurance
payments.
30
(3)
The
Iowa
public
employees’
retirement
system
for
31
earnings
and
pension
information.
32
c.
Miscellaneous
sources:
33
(1)
Any
existing
real-time
database
of
persons
currently
34
receiving
benefits
in
other
states,
such
as
the
national
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accuracy
clearinghouse.
1
(2)
Any
databases
maintained
by
the
Iowa
lottery
2
commission.
3
(3)
Any
existing
real-time
eligibility
system
that
includes
4
employment
and
income
information
maintained
by
a
consumer
5
reporting
agency,
as
defined
by
the
federal
Fair
Credit
6
Reporting
Act,
15
U.S.C.
§1681a,
for
the
purpose
of
obtaining
7
real-time
employment
and
income
information.
8
3.
Prior
to
determining
eligibility
for
SNAP
benefits,
the
9
department
shall
access
information
for
every
member
of
the
10
applicant’s
household
from
the
following
public
records:
11
a.
A
nationwide
public
records
data
source
of
physical
asset
12
ownership.
The
data
source
may
include
but
is
not
limited
to
13
real
property,
automobiles,
watercraft,
aircraft,
and
luxury
14
vehicles,
or
any
other
vehicle
owned
by
the
applicant.
15
b.
National
and
state
financial
institutions
in
order
16
to
locate
undisclosed
depository
accounts
or
verify
account
17
balances
of
disclosed
accounts.
18
4.
The
department
shall
enter
into
a
memorandum
of
19
understanding
with
any
department,
division,
bureau,
section,
20
unit,
or
any
other
subunit
of
a
department
to
obtain
the
21
information
specified
in
this
section.
22
5.
The
provisions
of
this
section
shall
not
apply
if
every
23
member
of
the
applicant’s
household
receives
supplemental
24
security
income.
25
Sec.
5.
NEW
SECTION
.
239.3
Cooperation
with
child
support
26
enforcement
——
supplemental
nutrition
assistance
program
27
eligibility.
28
An
applicant
for
SNAP
benefits
shall
be
required
to
29
cooperate
with
the
child
support
recovery
unit
as
a
condition
30
of
eligibility
as
specified
in
7
C.F.R.
§273.11(o).
31
Sec.
6.
NEW
SECTION
.
239.4
Verification
and
authentication
32
systems
——
public
assistance
programs.
33
1.
By
July
1,
2021,
the
department
shall
redesign
an
34
existing
system;
establish
a
new
computerized
income,
asset,
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and
identity
eligibility
verification
system;
or
contract
with
1
a
third-party
vendor
to
provide
for
identity
verification,
2
identity
authentication,
asset
verification,
and
dual
3
enrollment
prevention
in
order
to
deter
waste,
fraud,
and
4
abuse
in
each
public
assistance
program
administered
by
the
5
department.
6
2.
The
department
may
contract
with
a
third-party
vendor
7
to
develop
or
provide
a
service
for
a
real-time
eligibility
8
system
that
allows
the
department
to
verify
or
authenticate
9
income,
assets,
and
identity
eligibility
of
applicants
and
10
recipients
to
prevent
fraud,
misrepresentation,
and
inadequate
11
documentation
when
determining
eligibility
for
public
12
assistance
programs.
The
system
shall
be
accessed
prior
to
13
determining
eligibility,
periodically
between
eligibility
14
redeterminations,
and
during
eligibility
redeterminations
15
and
reviews.
The
department
may
also
contract
with
a
16
third-party
vendor
to
provide
information
to
facilitate
17
reviews
of
recipient
eligibility
conducted
by
the
department.
18
Specifically,
the
department
may
contract
with
a
third-party
19
consumer
reporting
agency,
as
defined
by
the
federal
Fair
20
Credit
Reporting
Act,
15
U.S.C.
§1681a,
for
the
purpose
of
21
obtaining
real-time
employment
and
income
information.
22
3.
A
contract
entered
into
under
this
section
shall
provide,
23
at
a
minimum,
for
all
of
the
following:
24
a.
The
establishment
of
the
annual
savings
amount
from
25
utilization
of
the
system
or
service,
and
a
provision
that
the
26
contract
may
be
terminated
contingent
upon
the
savings
not
27
exceeding
the
total
yearly
cost
to
the
state
for
utilization
of
28
the
system
or
service.
29
b.
That
the
contract
shall
not
preclude
the
department
30
from
continuing
to
conduct
additional
eligibility
verification
31
or
authentication
processes,
to
receive,
review,
or
verify
32
additional
information
related
to
the
eligibility
of
an
33
individual,
or
from
contracting
with
a
third-party
vendor
to
34
provide
additional
eligibility
authentication
or
verification
35
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information.
1
4.
The
department
shall
seek
federal
approval
as
necessary
2
to
implement
and
administer
this
section.
3
Sec.
7.
NEW
SECTION
.
239.5
Public
assistance
programs
——
4
applicant
and
recipient
eligibility
verification.
5
1.
All
applications
for
initial
public
assistance
6
program
benefits
and
all
determinations
of
ongoing
recipient
7
eligibility
shall
be
processed
through
a
system
as
specified
8
in
this
section.
Complete
initial
applications
shall
be
9
processed
within
the
minimum
period
required
by
federal
law.
10
Prior
to
determining
initial
eligibility
of
an
applicant
for,
11
or
ongoing
eligibility
of
a
recipient
of,
public
assistance,
12
the
department
shall
access
information
for
every
applicant
or
13
recipient
from
the
following
federal,
state,
and
other
sources:
14
a.
Federal
sources
and
information:
15
(1)
Earned
and
unearned
income
information
maintained
by
16
the
internal
revenue
service.
17
(2)
The
following
sources
and
information
maintained
by
the
18
United
States
social
security
administration:
19
(a)
Earned
income
information.
20
(b)
Death
register
information.
21
(c)
Prisoner
or
incarceration
status
information.
22
(d)
Supplemental
security
income
information
maintained
in
23
the
state
data
exchange
database.
24
(e)
Beneficiary
records
and
earnings
information
maintained
25
in
the
beneficiary
and
earnings
data
exchange
database.
26
(f)
Earnings
and
pension
information
maintained
in
the
27
beneficiary
earnings
exchange
record
system
database.
28
(3)
The
following
sources
and
information
maintained
by
the
29
United
States
department
of
health
and
human
services:
30
(a)
Income
and
employment
information
maintained
in
the
31
national
directory
of
new
hires
database
by
the
office
of
child
32
support
enforcement
of
the
administration
for
children
and
33
families.
34
(b)
Other
federal
data
sources
maintained
by
the
office
of
35
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child
support
enforcement
of
the
administration
for
children
1
and
families.
2
(4)
Information
maintained
by
the
United
States
citizenship
3
and
immigration
services
of
the
United
States
department
of
4
homeland
security.
5
(5)
Payment
information
for
public
housing
and
section
8
6
housing
assistance
guidelines
maintained
by
the
United
States
7
department
of
housing
and
urban
development.
8
(6)
National
fleeing
felon
information
maintained
by
the
9
United
States
federal
bureau
of
investigation.
10
b.
State
sources
and
information:
11
(1)
The
department’s
sources
and
information
including
but
12
not
limited
to
all
of
the
following:
13
(a)
Income
and
employment
information
maintained
by
the
14
child
support
recovery
unit.
15
(b)
Child
care
assistance
information
maintained
by
the
16
division
of
child
and
family
services.
17
(c)
Enrollment
status
in
other
public
assistance
programs.
18
(2)
The
department
of
workforce
development
sources
and
19
information
including
all
of
the
following:
20
(a)
Employment
information.
21
(b)
Employer
weekly,
monthly,
and
quarterly
reports
of
22
income
and
unemployment
insurance
payments.
23
(3)
The
Iowa
public
employees’
retirement
system
for
24
earnings
and
pension
information.
25
c.
Other
sources
including
all
of
the
following:
26
(1)
Any
existing
real-time
database
of
persons
currently
27
receiving
benefits
in
other
states,
such
as
the
national
28
accuracy
clearinghouse.
29
(2)
An
available
database
of
persons
who
currently
hold
a
30
license,
permit,
or
certificate
from
any
state
agency,
the
cost
31
of
which
exceeds
five
hundred
dollars.
32
(3)
Wage
reporting
and
similar
information
maintained
by
33
states
contiguous
to
Iowa.
34
(4)
A
third-party
consumer
reporting
agency,
as
defined
35
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by
the
federal
Fair
Credit
Reporting
Act,
15
U.S.C.
§1681a,
1
for
the
purpose
of
obtaining
real-time
employment
and
income
2
information.
3
2.
Prior
to
determining
the
initial
eligibility
of
an
4
applicant
for,
or
the
ongoing
eligibility
of
a
recipient
5
of,
public
assistance
benefits,
the
department
shall
access
6
information
for
every
applicant
or
recipient
from,
at
a
7
minimum,
the
following
public
records:
8
a.
A
nationwide
public
records
data
source
of
physical
asset
9
ownership.
The
data
source
may
include
but
is
not
limited
to
10
real
property,
automobiles,
watercraft,
aircraft,
and
luxury
11
vehicles,
or
any
other
vehicle
owned
by
the
applicant
for
or
12
recipient
of
assistance.
13
b.
A
nationwide
public
records
data
source
of
incarcerated
14
individuals.
15
c.
A
nationwide
best
address
and
driver’s
license
data
16
source
to
verify
that
individuals
are
residents
of
the
state.
17
d.
A
comprehensive
public
records
database
from
which
the
18
department
may
identify
potential
identity
fraud
or
identity
19
theft
that
is
capable
of
closely
associating
name,
social
20
security
number,
date
of
birth,
phone,
and
address
information.
21
e.
National
and
local
financial
institutions
in
order
22
to
locate
undisclosed
depository
accounts
or
verify
account
23
balances
of
disclosed
accounts.
24
f.
Outstanding
default
or
arrest
warrant
information.
25
3.
The
state
may
contract
with
a
third-party
consumer
26
reporting
agency,
as
defined
by
the
federal
Fair
Credit
27
Reporting
Act,
15
U.S.C.
§1681a,
for
the
purpose
of
obtaining
28
real-time
employment
and
income
information
under
this
section.
29
Sec.
8.
NEW
SECTION
.
239.6
Identity
authentication.
30
Unless
otherwise
prohibited
by
federal
law
or
regulation,
31
prior
to
the
department
awarding
public
assistance
benefits,
an
32
applicant
shall
complete
a
computerized
identity
authentication
33
process
to
confirm
the
identity
of
the
applicant.
Identity
34
authentication
shall
be
accomplished
through
a
knowledge-based
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questionnaire
consisting
of
financial
and
personal
questions.
1
The
questionnaire
shall
contain
questions
tailored
to
assist
2
persons
without
a
bank
account
or
those
who
have
poor
access
3
to
financial
and
banking
services
or
who
do
not
have
an
4
established
credit
history.
The
questionnaire
may
be
submitted
5
by
the
applicant
online,
in
person,
or
via
telephone.
6
Sec.
9.
NEW
SECTION
.
239.7
Case
review
of
applicant
and
7
recipient
information.
8
1.
If
the
information
obtained
from
a
review
of
an
9
applicant’s
or
recipient’s
information
under
this
chapter
does
10
not
result
in
the
department
finding
a
discrepancy
or
change
11
in
an
individual’s
circumstances
affecting
eligibility,
the
12
department
shall
take
no
further
action.
13
2.
If
the
information
obtained
from
a
review
of
the
14
applicant’s
or
recipient’s
information
under
this
chapter
15
results
in
the
department
finding
a
discrepancy
or
change
in
16
the
individual’s
circumstances
affecting
eligibility,
the
17
department
shall
respond
in
accordance
with
the
provisions
of
18
section
239.8.
19
Sec.
10.
NEW
SECTION
.
239.8
Notice
and
right
to
be
heard.
20
1.
An
applicant
for,
or
recipient
of,
public
assistance
21
shall
be
provided
written
notice
and
the
opportunity
to
explain
22
any
issues
identified
in
a
review
performed
under
this
chapter
23
for
initial
eligibility
or
redetermination
of
eligibility.
24
Unless
otherwise
prohibited
by
federal
law
or
regulation,
25
a
self-declaration
by
an
applicant
or
recipient
shall
not
26
be
accepted
as
verification
of
categorical
and
financial
27
eligibility
during
such
review.
28
2.
The
notice
provided
to
the
applicant
or
recipient
shall
29
describe
in
sufficient
detail
the
circumstances
of
the
issue
30
identified,
the
manner
in
which
the
applicant
or
recipient
31
may
respond,
and
the
consequences
of
failing
to
respond
to
32
the
notice
or
resolve
the
issue
identified.
The
applicant
or
33
recipient
shall
be
provided
ten
days
to
respond
to
the
notice.
34
The
department
may
request
additional
information
as
necessary
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to
reach
a
decision.
1
3.
An
applicant
or
recipient
may
respond
to
the
notice
as
2
follows:
3
a.
By
disagreeing
with
the
findings
of
the
department.
If
4
the
applicant
or
recipient
responds
in
a
timely
manner
and
5
disagrees
with
the
findings
of
the
department,
the
department
6
shall
reevaluate
the
circumstances
to
determine
if
the
7
applicant’s
or
recipient’s
position
is
valid.
If,
through
8
reevaluation,
the
department
finds
that
the
department
is
in
9
error,
the
department
shall
take
immediate
action
to
correct
10
the
error.
If,
through
reevaluation,
the
department
affirms
11
that
the
applicant’s
or
recipient’s
position
is
invalid,
the
12
department
shall
determine
the
effect
on
the
applicant’s
or
13
recipient’s
eligibility
and
take
appropriate
action.
Written
14
notice
of
the
department’s
determination
and
the
actions
taken
15
shall
be
provided
to
the
applicant
or
recipient.
16
b.
By
agreeing
with
the
findings
of
the
department.
If
17
the
applicant
or
recipient
responds
in
a
timely
manner
and
18
agrees
with
the
findings
of
the
department,
the
department
19
shall
determine
the
effect
on
the
applicant’s
or
recipient’s
20
eligibility
and
take
appropriate
action.
Written
notice
of
the
21
department’s
determination
and
actions
taken
shall
be
provided
22
to
the
applicant
or
recipient.
23
4.
If
the
applicant
or
recipient
fails
to
respond
to
the
24
notice
in
a
timely
manner,
the
department
shall
provide
notice
25
to
terminate
the
applicant’s
application
or
to
discontinue
26
the
recipient’s
enrollment
for
failure
to
cooperate,
and
27
shall
terminate
the
applicant’s
application
or
discontinue
28
the
recipient’s
enrollment.
The
applicant’s
or
recipient’s
29
eligibility
for
such
public
assistance
shall
not
be
established
30
or
reestablished
until
the
issue
has
been
resolved.
31
Sec.
11.
NEW
SECTION
.
239.9
Referrals
for
fraud,
32
misrepresentation,
or
inadequate
documentation.
33
1.
Following
a
review
of
an
applicant’s
or
recipient’s
34
eligibility
under
this
chapter,
the
department
may
refer
cases
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of
suspected
fraud
along
with
any
supportive
information
to
the
1
department
of
inspections
and
appeals
for
review.
2
2.
In
cases
of
substantiated
fraud,
upon
conviction,
the
3
state
shall
review
all
appropriate
legal
options
including
4
but
not
limited
to
removal
of
a
recipient
from
other
public
5
assistance
programs
and
garnishment
of
wages
or
state
income
6
tax
refunds
until
the
department
recovers
an
equal
amount
of
7
benefits
fraudulently
claimed.
8
3.
The
department
may
refer
suspected
cases
of
fraud,
9
misrepresentation,
or
inadequate
documentation
relating
to
10
initial
or
continued
eligibility
to
appropriate
state
agencies,
11
divisions,
or
departments
for
review
of
eligibility
issues
in
12
programs
providing
public
benefits
other
than
those
as
defined
13
in
this
chapter.
14
Sec.
12.
NEW
SECTION
.
239.10
Administration
——
rules
——
15
reporting.
16
1.
The
department
of
human
services
shall
adopt
rules
17
pursuant
to
chapter
17A
to
administer
this
chapter.
18
2.
The
department
shall
submit
a
report
to
the
governor
19
and
the
general
assembly
by
January
15,
2022,
and
by
January
20
15
annually
thereafter
through
January
15,
2027,
detailing
the
21
impact
of
the
verification
and
authentication
measures
taken
22
under
this
chapter.
The
report
shall
include
data
for
all
23
affected
public
assistance
programs
including
the
number
of
24
cases
reviewed,
the
number
of
cases
closed,
the
number
of
fraud
25
investigation
referrals
made,
and
the
amount
of
savings
and
26
cost
avoidance
realized
from
the
provisions
of
this
chapter.
27
Sec.
13.
IMPLEMENTATION.
28
1.
The
department
of
human
services
shall
request
federal
29
approval
including
for
any
state
plan
amendment
or
waiver
30
necessary
to
administer
this
division
of
this
Act.
31
2.
The
provisions
of
this
division
of
this
Act
requiring
32
federal
approval
shall
be
implemented
upon
receipt
of
such
33
federal
approval.
34
3.
The
provisions
of
this
division
of
this
Act
not
requiring
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federal
approval
shall
be
implemented
as
specified
in
this
Act,
1
or
if
not
specified
in
this
Act,
no
later
than
July
1,
2021.
2
4.
The
department
may
contract
with
multiple
third-party
3
vendors
to
administer
this
division
of
this
Act.
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