[House Report 117-57]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-57
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ELDER ABUSE PROTECTION ACT OF 2021
_______
June 11, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 2922]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2922) to amend the Elder Abuse Prevention and
Prosecution Act to authorize the Elder Justice Initiative, to
require that online resources of such initiative are made
available in Spanish, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 7
New Budget Authority and Tax Expenditures and Congressional
Budget Office Cost Estimate.................................... 7
Duplication of Federal Programs.................................. 7
Performance Goals and Objectives................................. 7
Advisory on Earmarks............................................. 7
Section-by-Section Analysis...................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike all that follows after the enacting clause and insert
the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Abuse Protection Act of 2021''.
SEC. 2. ELDER JUSTICE INITIATIVE.
Section 101(b) of the Elder Abuse Prevention and Prosecution Act (34
U.S.C. 21711(b)) is amended to read as follows:
``(b) Elder Justice Initiative.--
``(1) Permanent initiative.--The Attorney General shall
establish an Elder Justice Initiative to coordinate criminal
enforcement and public engagement efforts to combat elder
abuse, neglect, and financial fraud and scams that target
elders, and to support and coordinate the efforts of the Elder
Justice Coordinator designated under subsection (a).
``(2) Department of justice elder justice coordinator.--The
Attorney General shall designate an Elder Justice Coordinator
within the Department of Justice who, in addition to any other
responsibilities, shall be responsible for--
``(A) coordinating and supporting the law enforcement
efforts and policy activities as the head of the Elder
Justice Initiative for the Department of Justice on
elder justice issues;
``(B) evaluating training models to determine best
practices and creating or compiling and making publicly
available replication guides and training materials for
law enforcement officers, prosecutors, judges,
emergency responders, individuals working in victim
services, adult protective services, social services,
and public safety, medical personnel, mental health
personnel, financial services personnel, and any other
individuals whose work may bring them in contact with
elder abuse regarding how to--
``(i) conduct investigations in elder abuse
cases;
``(ii) address evidentiary issues and other
legal issues; and
``(iii) appropriately assess, respond to, and
interact with victims and witnesses in elder
abuse cases, including in administrative,
civil, and criminal judicial proceedings; and
``(C) carrying out such other duties as the Attorney
General determines necessary in connection with
enhancing the understanding, prevention, and detection
of, and response to, elder abuse.
``(3) Online public resources.--The Elder Justice Initiative
shall maintain and publish on the internet, information aimed
at protecting elders from fraudulent schemes and contain
resources aimed at preventing elder abuse.
``(4) Telephone hotline.--The Attorney General, in
consultation with the Elder Justice Coordinator and the Office
of Victims of Crime, shall establish a national elder fraud
telephone hotline to provide support to victims and resources
to help victims, including referrals to federal, local and
state law enforcement where appropriate.
``(5) Tribal consultation.--The Elder Justice Coordinator
shall provide recommendations to the Office of Tribal Justice
on a yearly basis on how to address elder abuse and elder fraud
that takes place on federally recognized tribal reservations.
``(6) Legal aid.--The Elder Justice Coordinator shall consult
with components of the Department of Justice to promote the
provision of civil legal aid to victims of elder abuse and
elder fraud.
``(7) Spanish language resources.--The Attorney General shall
ensure that Elder Justice Initiative online resources are
available in Spanish and link linguistically appropriate
resources to inform Spanish-speaking elders of Federal and
State resources to combat fraud and abuse that targets the
elderly, to include--
``(A) Spanish-language resources and links that help
report instances of elder fraud and abuse to State and
local law enforcement; and
``(B) resources that help prevent financial
exploitation of elders.''.
Purpose and Summary
H.R. 2922, the ``Elder Abuse Protection Act of 2021,''
would make permanent the Department of Justice's (DOJ) Elder
Justice Initiative and would require that materials posted by
the Initiative be translated into Spanish. By 2060, the U.S.
Department of Health and Human Services (HHS) projects that the
population of elderly Latino Americans will grow to 19.9
million, or 21% of the overall American elderly population.\1\
The Elder Abuse Protection Act's requirement that certain
Spanish-language resources be translated into Spanish would
provide an important resource to over one million residents of
the United States and marks one of this bill's primary aims.
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\1\Admin. for Cmty. Living, U.S. Dep't of Health & Hum. Serv.,
Profile of Hispanic Americans Age 65 and Over 2 (2017), https://
acl.gov/sites/default/files/Aging%20and%20Disability%20in
%20America/2017OAProfileHA508.pdf.
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The legislation would also assign a number of
responsibilities to the Elder Justice Initiative, including an
obligation to post elder abuse prevention resources online,
coordinate with the Office of Tribal Justice to address elder
fraud on reservations, and require the DOJ to publish Spanish-
language elder fraud and abuse materials. Additionally, the
bill would authorize the DOJ to continue to operate the
National Elder Fraud hotline. Under the proposed bill, the
Elder Justice Initiative would be led by a Department-wide
Elder Justice Coordinator, who would be responsible for
providing support to locally placed Elder Justice Coordinators.
Background and Need for the Legislation
Tens of thousands of elderly Americans are abused on an
annual basis. One comprehensive study estimates that
approximately one in ten elderly Americans are abused annually,
but only one in 23 cases of elder abuse are reported to
authorities each year.\2\ A study in New York State estimated
that one in 13 elderly individuals had been victims of at least
one form of elder abuse in the previous year.\3\ The New York
study found that, of those who had been abused, 41 of 1,000
seniors surveyed reported that they believed they had suffered
financial exploitation. Elderly individuals are particularly
vulnerable to abuse on account of a myriad of factors, with
social isolation and mental impairment (such as dementia or
Alzheimer's disease) playing outsized roles.\4\
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\2\Mark S. Lachs & Karl A. Pillemer, Elder Abuse, 373 New Eng. J.
Med. 1947, 1949 (2015), https://doi.org/10.1056/NEJMra1404688.
\3\Lifespan of Greater Rochester et al., Under the Radar: New York
State Elder Abuse Prevalence Study (May 2011), https://ocfs.ny.gov/
main/reports/Under%20the%20Radar%2005%2012
%2011%20final%20report.pdf.
\4\Elder Abuse Facts, Nat.l Council on Aging, https://www.ncoa.org/
public-policy-action/elder-justice/elder-abuse-facts/ (last visited
May. 21, 2021).
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i. Consequences of Elder Abuse
The impact of elder abuse may be catastrophic, with the
physical, mental, and emotional effects lasting years. Beyond
the individual suffering, the negative consequences of elder
abuse for the American economy are high. Elderly Americans lose
at least $2.9 billion each year due to financial abuse and
exploitation.\5\ According to one study, strangers perpetrated
51% of elder abuse fraud, while financial abuse by family,
friends, and neighbors constituted 34% of instances of elder
abuse crime.\6\ Elderly Americans suffer annually an average
loss of $34,200 due to fraud, according to an analysis by the
U.S. Consumer Financial Protection Bureau.\7\
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\5\Mature Market Inst. et al., The MetLife Study of Elder Financial
Abuse: Crimes of Occasion, Desperation, and Predation Against America's
Elders 2 (June 2011), https://ltcombudsman.org/uploads/files/issues/
mmi-elder-financial-abuse.pdf.
\6\Id.
\7\Katherine Skiba, Older Americans Hit Hard by Financial Fraud,
AARP (Feb. 28, 2019), https://www.aarp.org/money/scams-fraud/info-2019/
cfpb-report-financial-elder-abuse.html.
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ii. DOJ Anti-Elder Abuse Efforts
DOJ first established the Elder Justice Initiative to
support and coordinate the DOJ's enforcement and programmatic
efforts to combat elder abuse, neglect and financial fraud
targeting elderly Americans.\8\ The Elder Justice Task Forces
are composed of representatives from the U.S. Attorneys'
Offices, state Medicaid Fraud Control Units, and state and
local prosecutors' offices, along with representatives from
HHS, state Adult Protective Services agencies, and local law
enforcement agencies.\9\
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\8\Elder Justice Initiative, U.S. Dept. of Justice, https://
www.justice.gov/elderjustice/support/faq#is-elder-abuse-underreported
(last visited May 21, 2021).
\9\Elder Justice Task Forces, U.S. Dep't of Just., https://
www.justice.gov/elderjustice/task-forces (last visited May. 22, 2021).
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These teams coordinate and enhance efforts to pursue
lawsuits against nursing homes that provide grossly substandard
care to their residents.\10\ To complement the Elder Justice
Task Forces, DOJ also established the Transnational Elder
Strike Force to address the many foreign-based entities that
carry out fraudulent schemes targeting American seniors.\11\
The Office of Victims of Crime (OVC) in DOJ's Office of Justice
Programs, also funds research on elder victim support and elder
abuse prevention.\12\
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\10\Id.
\11\National Hotline Helps Victims of Elder Financial Fraud, U.S.
Dep't of Just. (Jun. 12, 2020), https://www.ojp.gov/files/archives/
blogs/2020/national-hotline-helps-victims-elder-financial-fraud.
\12\See Yunsoo Park & Carrie Mulford, Social Support Can Diminish
Negative Effects of Elder Abuse, Nat'l Adult Protective Serv. Assoc. &
Nat'l Comm. for the Prevention of Elder Abuse, http://www.napsa-
now.org/wp-content/uploads/2018/01/R2P-Park-Mulford.pdf.
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iii. Intra-Agency Coordination
As reported by the Committee, H.R. 2922 includes a number
of intra-DOJ coordination requirements. Most notably, the Elder
Abuse Protection Act makes permanent the National Elder Fraud
Hotline, which answers calls from the public concerning elder
abuse and elder justice and takes reports of abuse from elderly
individuals. OVC launched the National Elder Fraud Hotline in
the spring of 2020, and to date it has received tens of
thousands of calls. Additionally, the bill adds language to
make permanent consultations between the Elder Justice
Initiative and the Office of Tribal Justice (OTJ) on how to
address elder abuse and elder fraud on federally recognized
reservations. The intersection between tribal issues and elder
justice is an outgrowth of a meeting in November 2018 convened
by then-Attorney General William Barr. Lastly, the bill as
reported requires the Elder Justice Coordinator to consult on
legal aid issues with whomever the Attorney General designates.
The legal aid consultation requirement is an outgrowth of a
Legal Aid Interagency Roundtable meeting then-President Trump
called in April 2019.
Hearings
The Committee did not hold hearings on elder justice prior
to consideration of this bill.
Committee Consideration
On May 18, 2021, the Committee met in open session and
ordered the bill, H.R. 2922, favorably reported with an
amendment in the nature of a substitute, by a voice vote, a
quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following votes occurred during the Committee's consideration
of H.R. 2922:
1. An amendment by Mr. Fitzgerald, to require reporting of
elder deaths associated with COVID-19 and report on criminal
COVID-19-related investigations associated with death reporting
requirements, was defeated by a rollcall vote of 22 to 17.
2. An amendment in the nature of a substitute by Mr.
Nadler, that added coordination requirements for the Elder
Justice Coordinator, was agreed to by a voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House rule X, are incorporated in the descriptive portions
of this report.
New Budget Authority and Tax Expenditures and Congressional Budget
Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of House
rule XIII and section 308(a) of the Congressional Budget Act of
1974, and with respect to requirements of clause (3)(c)(3) of
House rule XIII and section 402 of the Congressional Budget Act
of 1974, the Director of Congressional Budget Office (CBO) has
not provided an estimate of the cost associated with H.R. 2922
and the bill does not authorize the expenditure of funds.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 2922 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program. The bill authorizes, on a permanent basis, already
existing programs.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
2922 does not have any performance goals or measures.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2922 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title. This section establishes the bill's
short title as the ``Elder Abuse Protection Act of 2021.''
Sec 2. Elder Justice Initiative. Section 2 of the bill
amends Section 101(b) of the Elder Abuse Prevention and
Prosecution Act by incorporating the following:
(1) Permanent Initiative. This subsection would make the
Elder Justice Initiative a permanent office within the
Department of Justice to coordinate criminal enforcement and
public engagement to combat elder abuse, neglect, and financial
fraud.
(2) DOJ Elder Justice Coordinator. This subsection restates
a section already in law and adds the new Elder Justice
Initiative into the statutory framework.
(3) Online Public Resources. This subsection would require
the Elder Justice Initiative to maintain and publish
information on the Internet aimed at protecting elders from
fraudulent schemes and include resources aimed at preventing
elder abuse.
(4) Telephone Hotline. In this subsection, the legislation
would authorize in statute a national elder fraud telephone
hotline to provide support and resources to victims, including
referrals to federal, local, and state law enforcement.
(5) Tribal Consultation. Pursuant to this subsection, the
Elder Justice Coordinator would be required to provide yearly
recommendations to the Office of Tribal Justice on how to
address elder abuse and elder fraud on federally recognized
reservations.
(6) Legal Aid. In this subsection, the Elder Justice
Coordinator would be required to consult with the DOJ to
promote the provision of civil legal aid to victims of elder
abuse and elder fraud.
(7) Spanish Language Resources. Under this subsection, the
Attorney General would be required to ensure that certain
online resources published by the Elder Justice Initiative are
also available in Spanish. Additionally, this section would
require Spanish-language links that provide resources that help
prevent financial exploitation of elders and that facilitate
the reporting of elder fraud and abuse to State and local law
enforcement.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
ELDER ABUSE PREVENTION AND PROSECUTION ACT
* * * * * * *
TITLE I--SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE
SEC. 101. SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE.
(a) Support and Assistance.--
(1) Elder justice coordinators.--The Attorney General
shall designate in each Federal judicial district not
less than one Assistant United States Attorney to serve
as the Elder Justice Coordinator for the district, who,
in addition to any other responsibilities, shall be
responsible for--
(A) serving as the legal counsel for the
Federal judicial district on matters relating
to elder abuse;
(B) prosecuting, or assisting in the
prosecution of, elder abuse cases;
(C) conducting public outreach and awareness
activities relating to elder abuse; and
(D) ensuring the collection of data required
to be collected under section 202.
(2) Investigative support.--The Attorney General, in
consultation with the Director of the Federal Bureau of
Investigation, shall, with respect to crimes relating
to elder abuse, ensure the implementation of a regular
and comprehensive training program to train agents of
the Federal Bureau of Investigation in the
investigation and prosecution of such crimes and the
enforcement of laws related to elder abuse, which shall
include--
(A) specialized strategies for communicating
with and assisting elder abuse victims; and
(B) relevant forensic training relating to
elder abuse.
(3) Resource group.--The Attorney General, through
the Executive Office for United States Attorneys, shall
ensure the operation of a resource group to facilitate
the sharing of knowledge, experience, sample pleadings
and other case documents, training materials, and any
other resources to assist prosecutors throughout the
United States in pursuing cases relating to elder
abuse.
(4) Designated elder justice working group or
subcommittee to the attorney general's advisory
committee of united states attorneys.--Not later than
60 days after the date of enactment of this Act, the
Attorney General, in consultation with the Director of
the Executive Office for United States Attorneys, shall
establish a subcommittee or working group to the
Attorney General's Advisory Committee of United States
Attorneys, as established under section 0.10 of title
28, Code of Federal Regulations, or any successor
thereto, for the purposes of advising the Attorney
General on policies of the Department of Justice
relating to elder abuse.
[(b) Department of Justice Elder Justice Coordinator.--
[(1) In general.--Not later than 60 days after the
date of enactment of this Act, the Attorney General
shall designate an Elder Justice Coordinator within the
Department of Justice who, in addition to any other
responsibilities, shall be responsible for--
[(A) coordinating and supporting the law
enforcement efforts and policy activities for
the Department of Justice on elder justice
issues;
[(B) evaluating training models to determine
best practices and creating or compiling and
making publicly available replication guides
and training materials for law enforcement
officers, prosecutors, judges, emergency
responders, individuals working in victim
services, adult protective services, social
services, and public safety, medical personnel,
mental health personnel, financial services
personnel, and any other individuals whose work
may bring them in contact with elder abuse
regarding how to--
[(i) conduct investigations in elder
abuse cases;
[(ii) address evidentiary issues and
other legal issues, including witnesses
who have Alzheimer's disease and
related dementias; and
[(iii) appropriately assess, respond
to, and interact with victims and
witnesses in elder abuse cases
(including victims and witnesses who
have Alzheimer's disease and related
dementias), including in
administrative, civil, and criminal
judicial proceedings; and
[(C) carrying out such other duties as the
Attorney General determines necessary in
connection with enhancing the understanding,
prevention, and detection of, and response to,
elder abuse.
[(2) Training materials.--
[(A) In general.--In creating or compiling
replication guides and training materials under
paragraph (1)(B), the Elder Justice Coordinator
shall consult with the Secretary of Health and
Human Services, State, local, and Tribal adult
protective services, aging, social, and human
services agencies, Federal, State, local, and
Tribal law enforcement agencies, and nationally
recognized nonprofit associations with relevant
expertise, as appropriate.
[(B) Updating.--The Elder Justice Coordinator
shall--
[(i) review the best practices
identified and replication guides and
training materials created or compiled
under paragraph (1)(B) to determine if
the replication guides or training
materials require updating; and
[(ii) perform any necessary updating
of the replication guides or training
materials.]
(b) Elder Justice Initiative.--
(1) Permanent initiative.--The Attorney General shall
establish an Elder Justice Initiative to coordinate
criminal enforcement and public engagement efforts to
combat elder abuse, neglect, and financial fraud and
scams that target elders, and to support and coordinate
the efforts of the Elder Justice Coordinator designated
under subsection (a).
(2) Department of justice elder justice
coordinator.--The Attorney General shall designate an
Elder Justice Coordinator within the Department of
Justice who, in addition to any other responsibilities,
shall be responsible for--
(A) coordinating and supporting the law
enforcement efforts and policy activities as
the head of the Elder Justice Initiative for
the Department of Justice on elder justice
issues;
(B) evaluating training models to determine
best practices and creating or compiling and
making publicly available replication guides
and training materials for law enforcement
officers, prosecutors, judges, emergency
responders, individuals working in victim
services, adult protective services, social
services, and public safety, medical personnel,
mental health personnel, financial services
personnel, and any other individuals whose work
may bring them in contact with elder abuse
regarding how to--
(i) conduct investigations in elder
abuse cases;
(ii) address evidentiary issues and
other legal issues; and
(iii) appropriately assess, respond
to, and interact with victims and
witnesses in elder abuse cases,
including in administrative, civil, and
criminal judicial proceedings; and
(C) carrying out such other duties as the
Attorney General determines necessary in
connection with enhancing the understanding,
prevention, and detection of, and response to,
elder abuse.
(3) Online public resources.--The Elder Justice
Initiative shall maintain and publish on the internet,
information aimed at protecting elders from fraudulent
schemes and contain resources aimed at preventing elder
abuse.
(4) Telephone hotline.--The Attorney General, in
consultation with the Elder Justice Coordinator and the
Office of Victims of Crime, shall establish a national
elder fraud telephone hotline to provide support to
victims and resources to help victims, including
referrals to federal, local and state law enforcement
where appropriate.
(5) Tribal consultation.--The Elder Justice
Coordinator shall provide recommendations to the Office
of Tribal Justice on a yearly basis on how to address
elder abuse and elder fraud that takes place on
federally recognized tribal reservations.
(6) Legal aid.--The Elder Justice Coordinator shall
consult with components of the Department of Justice to
promote the provision of civil legal aid to victims of
elder abuse and elder fraud.
(7) Spanish language resources.--The Attorney General
shall ensure that Elder Justice Initiative online
resources are available in Spanish and link
linguistically appropriate resources to inform Spanish-
speaking elders of Federal and State resources to
combat fraud and abuse that targets the elderly, to
include--
(A) Spanish-language resources and links that
help report instances of elder fraud and abuse
to State and local law enforcement; and
(B) resources that help prevent financial
exploitation of elders.
(c) Federal Trade Commission.--
(1) Federal trade commission elder justice
coordinator.--Not later than 60 days after the date of
enactment of this Act, the Chairman of the Federal
Trade Commission shall designate within the Bureau of
Consumer Protection of the Federal Trade Commission an
Elder Justice Coordinator who, in addition to any other
responsibilities, shall be responsible for--
(A) coordinating and supporting the
enforcement and consumer education efforts and
policy activities of the Federal Trade
Commission on elder justice issues; and
(B) serving as, or ensuring the availability
of, a central point of contact for individuals,
units of local government, States, and other
Federal agencies on matters relating to the
enforcement and consumer education efforts and
policy activities of the Federal Trade
Commission on elder justice issues.
(2) Reports to congress.--Not later than 1 year after
the date of enactment of this Act, and once every year
thereafter, the Chairman of the Federal Trade
Commission and the Attorney General shall each submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives a report--
(A) detailing the enforcement actions taken
by the Federal Trade Commission and the
Department of Justice, respectively, over the
preceding year in each case in which not less
than one victim was an elder or that involved a
financial scheme or scam that was either
targeted directly toward or largely affected
elders, including--
(i) the name of the district where
the case originated;
(ii) the style of the case, including
the case name and number;
(iii) a description of the scheme or
scam; and
(iv) the outcome of the case.
(B) with respect to the report by the
Attorney General, including a link to the
publicly available best practices identified
under subsection (b)(1)(B) and the replication
guides and training materials created or
compiled under such subsection.
(d) Use of Appropriated Funds.--No additional funds are
authorized to be appropriated to carry out this section.
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[all]