USDA DR 4300-003 Equal Opportunity Public Notification Policy

U.S. DEPARTMENT OF AGRICULTURE
WASHINGTON, D.C. 20250

DEPARTMENTAL REGULATION
SUBJECT: Equal Opportunity Public Notification Policy
OPI: Office of the Assistant Secretary for Civil Rights

NUMBER:
DR 4300-003
DATE:
October 17, 2019
EXPIRATION DATE:
October 17, 2024

Section

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Purpose
Scope
Special Instructions/Cancellations
Policy
Non-Discrimination Statement
Recipient Requirements
And Justice for All Posters
Roles and Responsibilities
Inquiries

Appendix A
Appendix B
Appendix C
Appendix D
Appendix E

Acronyms and Abbreviations
Definitions
Authorities and References
Form AD-475-A, Assisted Programs
Form AD-475-B, Supplemental Nutrition Assistance Program
and Food Distribution Program on Indian Reservations Programs
Appendix F Form AD-475-C, Conducted Programs

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1. PURPOSE
a.

This Departmental Regulation (DR) establishes the United States Department of
Agriculture’s (USDA) policy for ensuring positive and continuing notification of its
equal opportunity policy to the public and USDA employees.

b.

This DR is also designed to enhance customer awareness of the USDA NonDiscrimination policy and other pertinent information ensuring broad dissemination of
the policy to the public.

2. SCOPE
This DR applies to all programs and activities conducted in whole, in part, or assisted by
USDA, its Mission Areas, agencies, and staff offices.
3. SPECIAL INSTRUCTIONS/CANCELLATIONS
a.

This regulation replaces DR 4300-003, Equal Opportunity Public Notification Policy,
dated June 2, 2015.

b.

This policy is effective immediately and remains in effect until it is either superseded or
expires.

c.

All Mission Areas, agencies, and staff offices shall align their equal opportunity public
notification policies and procedures with this DR within 6 months of the publication
date.

4. POLICY
It is the policy of USDA:
a.

That no person shall be discriminated against on the basis of race, color, national origin,
religion, sex, gender identity (including gender expression), sexual orientation,
disability, age, marital status, family/parental status, income derived from a public
assistance program, political beliefs, reprisal or retaliation for prior civil rights activity,
in any program or activity conducted or funded by USDA. (Not all prohibited bases
apply to all programs)
This policy will be communicated to the public through all appropriate USDA public
information channels and to the local population served or directly affected by a
recipient’s program or activity, in English and other languages appropriate to the local
population, and in alternative means of communication (e.g., Braille, large print, and
audiotape). All communication posted on a website must comply with Section 508 of
the Rehabilitation Act of 1973, as amended;

b.

To ensure that its outreach activities encompass protected groups, underrepresented and
underserved populations, Tribal communities, Socially Disadvantaged, Beginning and
Limited Resource Farmers and Ranchers, Veteran Farmers, 1890 Historically Black
Colleges and Universities, 1994 Land Grant Institutions, Hispanic Serving Institutions,
Tribal Colleges and Universities, institutions serving Asian American and Pacific
Islanders, and institutions serving individuals with disabilities through dissemination of
public notifications;

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c.

To use positive examples of program participation by all protected groups in all forms of
visual, print, electronic, and audio public information materials; and

d.

To prohibit USDA employee participation in any public meeting if it is known that in
such meetings customers have been or will be illegally discriminated against based on
Federal laws or regulations, because of their race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation, disability, age, marital
status, family/parental status, income derived from a public assistance program, political
beliefs, reprisal or retaliation for prior civil rights activity, in any program or activity
conducted or funded by USDA.

5. NON-DISCRIMINATION STATEMENT
a.

The Non-Discrimination Statement provided below must be posted in all USDA Mission
Areas, agencies, and staff offices and included on all materials produced by USDA for
public information, public education, or public distribution.

b.

The statement must be made available in English, in other languages appropriate to the
local population served or directly affected by any USDA program or activity, and in
alternative means of communication (e.g., Braille, large print, audiotape).

c.

All communication posted on a website must comply with Section 508 and with all
applicable Federal civil rights laws, regulations, Executive Orders, and USDA
regulations and policies.
USDA’s Non-Discrimination Statement
In accordance with Federal civil rights law and U.S. Department of Agriculture
(USDA) civil rights regulations and policies, USDA, its Mission Areas, agencies, staff
offices, employees, and institutions participating in or administering USDA programs
are prohibited from discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation, disability, age,
marital status, family/parental status, income derived from a public assistance program,
political beliefs, or reprisal or retaliation for prior civil rights activity, in any program
or activity conducted or funded by USDA (not all bases apply to all programs).
Remedies and complaint filing deadlines vary by program or incident.
Program information may be made available in languages other than English. Persons
with disabilities who require alternative means of communication to obtain program
information (e.g., Braille, large print, audiotape, American Sign Language) should
contact the responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service at (800) 8778339.

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To file a program discrimination complaint, a complainant should complete a Form
AD-3027, USDA Program Discrimination Complaint Form, which can be obtained
online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by
calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must
contain the complainant’s name, address, telephone number, and a written description
of the alleged discriminatory action in sufficient detail to inform the Assistant
Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights
violation. The completed AD-3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected]
USDA is an equal opportunity provider, employer, and lender.
d.

Exceptions to Including the Full USDA Non-Discrimination Statement.
(1) If the size of the material is too small to include the full statement provided above,
the material must, at a minimum, include the following statement in print in the
same size as the text:
“USDA is an equal opportunity provider, employer, and lender.”
Where appropriate, a recipient may state:
“This institution is an equal opportunity provider.”
(2) Similarly, when an audio or video presentation does not reasonably lend itself to
including the full statement, the presentation will, at a minimum, include the
following statement, presented in a conspicuous and meaningful manner:
“USDA is an equal opportunity provider, employer, and lender.”
Where appropriate, a recipient may state:
“This institution is an equal opportunity provider.”

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6. RECIPIENT REQUIREMENTS
a.

All prohibited bases do not apply to all programs. The specific bases for Federally
assisted programs can be found at Appendix D for Assisted Programs and Appendix E
for the Supplemental Nutrition Assistance Program (SNAP) and the Food Distribution
Program on Indian Reservations (FDPIR) programs.

b. In accordance with section 6(a), above, the applicable Non-Discrimination Statement for
recipients must be included on all print and non-print materials, including, but not limited
to, audio, video, website, brochures, newsletters, and by-laws. If the size of the material
is too small to include the full statement, the material must at a minimum, include the
following statement in print in the same font size as the main text:
“This institution is an equal opportunity provider.”
c.

Recipients are required to notify applicants with disabilities and limited English
proficiency (LEP) persons of their right to free language assistance and accommodations
and to provide these services upon request.

7. AND JUSTICE FOR ALL POSTERS
a.

The USDA “And Justice for All” posters will be the primary method utilized to inform
customers of their rights. The “And Justice for All” posters will be used for this purpose
except when appropriate substitutes in outdoor areas are necessary. There are three
versions of the “And Justice for All” posters: Form AD-475-A is the poster that applies
to assisted programs; Form AD-475-B is the poster that applies to both the Food and
Nutrition Service SNAP and FDPIR programs; and Form AD-475-C is the poster that
applies to conducted programs. Please see Appendices D, E, and F for additional
information on each of these posters.

b.

If the material is too small to permit the full Non-Discrimination Statement to be
included, the material will, at a minimum, include the alternative statement described in
Section 5.d(1), in print in the same size as the text. Similarly, when an audio or video
presentation does not reasonably lend itself to the full statement, the presentation will, at
a minimum, include the alternative statement presented in a conspicuous and meaningful
manner, as described in Section 5.d(2); and

c.

Sound judgement will be applied as to the need for the statement in specific situations.
Questions about the appropriateness of including the statement may be referred to
OASCR for policy guidance.

d.

All “And Justice for All” posters must be printed at 11” width x 17” height. The
minimum text size to be used on the posters is 14 point. Mission Area, agency, and staff
office officials can obtain “And Justice for All” posters by contacting the Office of

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Communications. Recipients must contact the sponsoring Mission Area, agency, or staff
office Civil Rights Division to obtain “And Justice for All” posters.
e.

The applicable “And Justice for All” posters must be prominently displayed in all
offices where there is a USDA presence and where customers can view it.

f.

Please note that institutions participating in or administering USDA programs must
display the appropriate “And Justice for All” poster wherever program delivery is being
conducted.

8. ROLES AND RESPONSIBILITIES
a.

The ASCR will:
(1) Provide equal opportunity leadership, coordination, and direction for USDA’s
federally assisted and conducted programs;
(2) Provide policy guidance to Mission Areas, agencies, staff offices, and recipients
upon request consistent with any findings resulting from ASCR’s monitoring of the
Mission Area, agency, staff office, or recipients’ civil right compliance activities;
(3) Provide the necessary format for, and any changes to, the USDA NonDiscrimination notices and/or posters;
(4) Authorize in writing any variations to the text of the Non-Discrimination Statement;
(5) Ensure through its compliance review process that notices of the current USDA
Non-Discrimination Statement are prominently posted in USDA Mission Areas,
agencies, and staff offices, and in languages appropriate to the local population
likely to be served or likely to be directly affected by a recipient’s program or
activity; and
(6) Monitor Mission Area, agency, staff office, and recipient actions through
established review activities for compliance with this policy.

b.

The Director, Office of Communications will:
(1) Review and monitor all pertinent internal USDA materials and public information
materials submitted to it for applicable communication requirements;
(2) Work closely with OASCR to design any required changes to the “And Justice for
All” posters;
(3) Print “And Justice for All” posters for Mission Areas, agencies, and staff offices,
upon request utilizing Form AD-78, Request for Printing and Binding;

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(4) Review all Mission Area, agency, or staff office requests to ensure the poster
language complies with the policy and guidance established in this regulation, and
make appropriate revisions when necessary before materials are printed, published,
or placed on websites; and
(5) Review all contractor-prepared materials to ensure compliance with the policy and
guidance established in this regulation and withhold final approval of deliverables
until they are in full compliance.
c.

Mission Area, Agency, and Staff Office Heads will:
(1) Seek approval from OASCR regarding any new or revised Non-Discrimination
Statements;
(2) Post the Non-Discrimination Statement in its entirety on all materials produced by
USDA and its agencies for public information, public education, or public
distribution;
(3) Post the “And Justice for All” posters and the Non-Discrimination Statement on its
websites or incorporate a link to the postings found on USDA’s website;
(4) Ensure through normal review processes that field offices are complying with
public notification requirements;
(5) Ensure through their review processes that notices of the applicable NonDiscrimination Statement are prominently posted in recipient offices and locations;
(6) Obtain and distribute appropriate posters to recipients;
(7) Ensure the Non-Discrimination Statement is posted in English and other languages
appropriate to the local population likely to be served or likely to be directly
affected by a recipient program or activity;
(8) Establish outreach programs at the local level to ensure all persons, especially those
who previously may not have participated fully, are made aware of the availability
of USDA programs and services, how to effectively use them, and to encourage
them to participate;
(9) Include appropriate references to the USDA’s equal opportunity policy in public
speeches and meetings;
(10) Provide materials in alternative communication methods (e.g., Braille, large print,
American Sign Language, audiotape) upon request. Additionally, this information
should be available in other languages, as applicable;

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(11) Ensure all information listed on their websites comply with Section 508
requirements; and
9. INQUIRIES
All USDA Mission Areas, agencies, and staff offices shall direct questions and inquiries
regarding this DR to the Center for Civil Rights Operations (CCRO) Compliance Division
via email at [email protected].
-END-

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APPENDIX A
ACRONYMS AND ABBREVIATIONS
AD
ASCR
CCRO
CFR
DR
FDPIR
LEP
OASCR
OPI
SNAP
TARGET
TTY
U.S.C.
USDA

Agriculture Department (for Departmental forms use only)
Assistant Secretary of Civil Rights
Center for Civil Rights Operations
Code of Federal Regulations
Departmental Regulation
Food Distribution Program on Indian Reservations
Limited English Proficiency
Office of the Assistant Secretary for Civil Rights
Office of Primary Interest
Supplemental Nutrition Assistance Program
Technology and Accessible Resources Give Employment Today
Text Telephone
United States Code
United States Department of Agriculture

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APPENDIX B
DEFINITIONS
a. Agency. Organizational units of the Department, other than staff offices as defined
below, whose heads report to officials within the Office of the Secretary, Deputy
Secretary, Under Secretaries, Assistant Secretaries, and Assistant to the Secretary.
b. Beneficiary. A person or group of persons with an entitlement to receive or utilize
the benefits, services, resources, and information, or participate in activities and
programs conducted or funded in whole or in part by USDA.
c. Complaint. A written statement (except as provided below) that contains the
complainant's name and address and describes an agency’s alleged discriminatory
action in sufficient detail to inform OASCR of the nature and date of an alleged civil
rights violation. The statement must be signed by the complainant(s) or someone
authorized to sign on behalf of the complainant(s). The complaint does not need to be
written or signed if it is submitted in an alternate format to accommodate the
complaint filing needs of a person who has an LEP, a disability, or other special need.
d. Compliance Review. A written review of an agency's compliance with civil rights
requirements, to be prepared by OASCR or an Agency and to identify each finding of
non-compliance or other civil rights-related issue. The review is conducted at the
discretion of OASCR or an agency, or if there has been a formal finding of noncompliance.
e. Federally Conducted Programs and Activities. Program services, benefits, resources,
or information delivered directly to the public by USDA.
f. Federally Assisted Programs and Activities. Programs and Activities of an entity that
receives Federal financial assistance. “Assistance” or “benefits” refers to the transfer
of money, property, services, or anything of value, the principal purpose of, which is
to accomplish a public purpose of support or stimulation authorized by Federal
statute. Assistance includes, but is not limited to, grants, loans, loan guarantees,
scholarships, mortgage loans, insurance, and other types of financial assistance,
including cooperative agreements; property, technical assistance, counseling,
statistical, and other expert information; and service activities of regulatory Agencies.
It does not include the provision of conventional public information services.
g. Languages Appropriate to the Local Population. Languages determined to be
consistent with the requirements and guidance provided in Executive Order 13166,
Improving Access to Services for Persons with Limited English Proficiency; DR
4300-005, Prohibition Against National Origin Discrimination Affecting Persons
with Limited English Proficiency in Programs and Activities Conducted by USDA;
and USDA’s Guidance on Services for Persons with LEP in assisted programs.

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h. Limited English Proficiency (LEP) Persons. Persons who do not speak English as
their primary language and have a limited ability to read, speak, write, or understand
English.
i. Materials. This term includes print (e.g., brochures, newsletters, and by-laws) and
non-print (e.g., audio, video, and website) types of communication.
j. Mission Area. A group of agencies with related functions that report to the same
Under or Assistant Secretary. Research, Education, and Economics is an example of
a Mission Area.
k. Office of the Assistant Secretary for Civil Rights (OASCR). The office of the Civil
Rights Officer for USDA responsible for providing leadership and direction for the
fair and equitable treatment of all USDA customers and employees while ensuring the
delivery of quality programs and enforcement of civil rights. OASCR has the
authority to delegate civil rights functions to heads of USDA Mission Areas,
agencies, and staff offices. OASCR is also responsible for evaluating Agency Heads
on their performance of civil rights functions.
l. Office of Communications. The office that provides leadership, expertise, counsel,
and coordination for the development of communication strategies, which are vital to
the overall formulation, awareness, and acceptance of USDA programs and policies;
also serves as the principal USDA contact point for the consistent and timely
dissemination of information.
m. Recipient. Any State, political subdivision of any State, or instrumentality of any
State or political subdivision (to include the District of Columbia and any United
States territories and possessions), any public or private Agency, institution,
organization, or any other entity or individual in any State to whom Federal financial
assistance is extended, directly or through another recipient (sub-recipient), including
any successor, assignee, or transferee thereof, and excluding any ultimate beneficiary.
n. Section 508 Compliant. Compliance with the requirements of Section 508 of the
Rehabilitation Act ensures that Federal information is accessible to individuals with
disabilities unless an undue burden would be imposed on the USDA or an Agency.
o. Staff Office. A Departmental administrative office, the head of which reports to any
official within the Office of the Secretary (OSEC).

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APPENDIX C
AUTHORITIES AND REFERENCES
7 CFR Part 2, Delegations of Authority by the Secretary of Agriculture and General Officers
of the Department
7 CFR Part 2.24, Agriculture, Delegations of Authority by the Secretary of Agriculture and
General Officers of the Department, Delegations of Authority to the Deputy Secretary, Under
Secretaries, and Assistant Secretaries, Assistant Secretary for Administration
7 CFR Part 15, Nondiscrimination
7 CFR Part 16, Equal Opportunity for Religious Organizations
12 CFR 1002.1, Equal Credit Opportunity Act of 1977 (Regulation B), as amended
28 CFR 42.401 et seq., Department of Justice, Coordination of Enforcement of Nondiscrimination in Federally Assisted Programs
Age Discrimination Act of 1975
Americans with Disabilities Act of 1990
Americans with Disabilities Act Amendments Act of 2008
Civil Rights Restoration Act of 1987
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, August 11, 2000
Food Stamp Act of 1977
Section 504, Rehabilitation Act of 1973, as amended
Section 508, Rehabilitation Act of 1973, as amended
Title IV, Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq.
Title IX, Education Amendments of 1972, 20 U.S.C. 1681, et seq.
USDA, AD-78, Request for Printing and Binding
USDA, AD-475-A, Assisted Poster

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USDA, AD-475-B, Supplemental Nutrition Assistance Program (SNAP) and Food
Distribution Program on Indian Reservations (FDPIR)
USDA, AD-475-C, Conducted Poster
USDA, AD-3027 USDA Program Discrimination Complaint Form
USDA, DR 4330-005, Prohibition Against National Origin Discrimination Affecting Persons
with Limited English Proficiency in Programs and Activities Conducted by USDA

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APPENDIX D
AD-475-A: “AND JUSTICE FOR ALL” POSTER LANGUAGE
FOR ASSISTED PROGRAMS

In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights
regulations and policies, this institution is prohibited from discriminating on the basis of
race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil
rights activity. (Not all prohibited bases apply to all programs.)
Program information may be made available in languages other than English. Persons
with disabilities who require alternative means of communication for program
information (e.g., Braille, large print, audiotape, and American Sign Language) should
contact the responsible State or local Agency that administers the program or USDA’s
TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the
Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a complainant should complete a Form
AD-3027, USDA Program Discrimination Complaint Form, which can be obtained
online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by
calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must
contain the complainant’s name, address, telephone number, and a written description of
the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for
Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The
completed AD-3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected].
“This institution is an equal opportunity provider.”

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APPENDIX E
AD-475-B: “AND JUSTICE FOR ALL” POSTER LANGUAGE
FOR SNAP AND FDPIR PROGRAMS

In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights
regulations and policies, this institution is prohibited from discriminating on the basis of
race, color, national origin, sex, religious creed, disability, age, political beliefs, or
reprisal or retaliation for prior civil rights activity.
To file a program discrimination complaint, a complainant should complete a Form
AD-3027, USDA Program Discrimination Complaint Form, which can be obtained
online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by
calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must
contain the complainant’s name, address, telephone number and a written description of
the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for
Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The
completed AD-3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected].
“This institution is an equal opportunity provider.”

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APPENDIX F
AD-475-C: “AND JUSTICE FOR ALL” POSTER LANGUAGE
FOR CONDUCTED PROGRAMS

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs
and activities on the basis of race, color, national origin, religion, sex, gender identity
(including gender expression), sexual orientation, disability, age, marital status, familial/
parental status, income derived from a public assistance program, political beliefs,
reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all
programs.)
Program information may be made available in languages other than English. Persons
with disabilities who require alternative means of communication for program
information (e.g., Braille, large print, audiotape, and American Sign Language) should
contact the responsible Mission Area, agency, staff office, or USDA’s TARGET Center
at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service
at (800) 877-8339.
To file a program discrimination complaint, a complainant should complete a Form
AD-3027, USDA Program Discrimination Complaint Form, which can be obtained
online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by
calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must
contain the complainant’s name, address, telephone number and a written description of
the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for
Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The
completed AD-3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected].
“USDA is an equal opportunity provider, employer, and lender.”

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