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spect to the insurance of mortgages under this section as the Secretary of Housing and Urban Development has with respect to the insurance of mortgages under title II of the National Housing Act.

(2) The provisions of subsections (e), (g), (h), (i), (j), (k), (1), and (n) of section 1713 of Title 12 shall apply to mortgages insured under this section; except that, for the purposes of their application with respect to such mortgages, all references in such provisions to the General Insurance Fund shall be deemed to refer to the Multipurpose Senior Center Insurance Fund, and all references in such provisions to "Secretary" shall be deemed to refer to the Secretary of Health, Education, and Welfare. (h) Multipurpose Senior Center Insurance Fund; establishment; revolving fund; general expenses of insurance operations; deposits in Treasury; investments; open market purchases and cancellation of debentures; credits and charges; authorization of appropriations.

(1) There is hereby created a Multipurpose Senior Center Insurance Fund which shall be used by the Secretary as a revolving fund for carrying out all of the insurance provisions of this section. All mortgages insured under this section shall be insured under and be the obligation of the Multipurpose Senior Center Insurance Fund.

(2) The general expenses of the operations of the Department of Health, Education, and Welfare relating to mortgages insured under this section may be charged to the Multipurpose Senior Center Insurance Fund.

(3) Moneys in the Multipurpose Senior Center Insurance Fund not needed for the current operations of the Department of Health, Education, and Welfare with respect to mortgages insured under this section shall be deposited with the Treasurer of the United States to the credit of such fund, or invested in bonds or other obligations of, or in bonds or other obligations guaranteed as to principal and interest by, the United States. The Secretary may, with the approval of the Secretary of the Treasury, purchase in the open market debentures issued as obligations of the Multipurpose Senior Center Insurance Fund. Such purchases shall be made at a price which will provide an investment yield of not less than the yield obtainable from other investments authorized by this section. Debentures so purchased shall be canceled and not reissued.

(4) Premium charges, adjusted premium charges, and appraisal and other fees received on account of the insurance of any mortgage under this section, the receipts derived from property covered by such mortgages and from any claims, debts, contracts, property, and security assigned to the Secretary in connection therewith, and all earnings as the assets of the fund, shall be credited to the Multipurpose Senior Center Insurance Fund. The principal of, and interest paid and to be paid on, debentures which are the obligation of such fund, cash insurance payments and adjustments, and expenses incurred in the handling, management, renovation, and disposal of properties acquired, in connection with mortgages insured under this section, shall be charged to such fund.

20-347 0-74-vol. 2-51

(5) There are authorized to be appropriated to provide initial capital for the Multipurpose Senior Center Insurance Fund, and to assure the soundness of such fund thereafter, such sums as may be necessary (Pub. L. 89-73, title V, § 506, as added Pub. L. 93-29, title V, § 501, May 3, 1973, 87 Stat. 51.) REFERENCES IN TEXT

Title II of the National Housing Act, referred to in subsec. (g) (1), is classified to section 1707 et seq. of Title 12, Banks and Banking.

§ 3041f. Annual interest grants. (a) Authority of Secretary.

To assist nonprofit private agencies to reduce the cost of borrowing from other sources for the acquisition, alteration or renovation of facilities, the Secretary may make annual interest grants to such agencies.

(b) Term; guarantee of payment; amount.

Annual interest grants under this section with respect to any facility shall be made over a fixed period not exceeding forty years, and provision for such grants shall be embodied in a contract guaranteeing their payment over such period. Each such grant shall be in an amount not greater than the difference between (1) the average annual debt service which would be required to be paid, during the life of the loan, on the amount borrowed from other sources for the acquisition, alteration, or renovation of such facilities and (2) the average annual debt service which the institution would have been required to pay, during the life of the loan, with respect to such amounts if the applicable interest rate were 3 per centum per annum: Provided, That the amount on which such grant is based shall be approved by the Secretary. (c) Authorization of appropriations; amount of contracts.

aggregate

(1) There are hereby authorized to be appropriated to the Secretary such sums as may be necessary for payment of annual interest grants in accordance with this section.

(2) Contracts for annual interest grants under this section shall not be entered into in an aggregate amount greater than is authorized in appropriation Acts.

(d) Limitation of funds for any State.

Not more than 122 per centum of the funds provided for in this section for grants may be used within any one State. (Pub. L. 89-73, title V, § 507, as added Pub. L. 93-29, title V, § 501, May 3, 1973, 87 Stat. 54.)

PART B.-INITIAL STAFFING OF MULTIPURPOSE
SENIOR CENTERS

§ 3042. Personnel staffing grant program.
(a) Authority of Commissioner.

For the purpose of assisting in the establishment and initial operation of multipurpose senior centers the Commissioner may, in accordance with the provisions of this part, make grants to meet, for the temporary periods specified in this part, all or part of the costs of compensation of professional and technical personnel for the initial operation of

new multipurpose senior centers and for the delivery of social services established therein.

(b) Term of grants; limitation of amount.

Grants for such costs of any center under this subchapter may be made only for the period beginning with the first day of the first month for which such grant is made and ending with the close of three years after such first day. Such grants with respect to any center may not exceed 75 per centum of such costs for the first year of the project, 6623 per centum of such costs for the second year of the project, and 50 per centum of such costs for the third year of the project.

(c) Considerations in making grants.

In making such grants, the Secretary shall take into account the relative needs of the several States for community centers for senior citizens, their relative financial needs, and their population of persons over sixty years of age.

(d) Authorization of appropriations.

For the purpose of this part, there are authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1973, and for each of the next two succeeding fiscal years. (Pub. L. 89-73, title V, § 511, as added Pub. L. 9329, title V, § 501, May 3, 1973, 87 Stat. 54.)

CODIFICATION

A prior section 3042, Pub. L. 89-73, title V, § 502, July 14, 1965, 79 Stat. 225, which related to payments of training project grants, providing in subsec. (a) for contribution by recipients; subsec. (b) adjustments, advances or reimbursement, installments, and conditions; and subsec. (c) consultation of Secretary with State agency prior to making grants or contracts, was repealed by Pub. L. 93-29, title IV, § 401, May 3, 1973, 87 Stat. 45, and is now covered by section 3037a of this title.

A prior section 3043, Pub. L. 89-73, title V, § 503, as added Pub. L. 90-42, § 6, July 1, 1967, 81 Stat. 108, which related to study of need for trained personnel; and consultations with other government and private agencies and organizations, was repealed by Pub. L. 93-29, title IV, § 401, May 3, 1973, 87 Stat. 45, and is now covered by section 3032 of this title.

SUBCHAPTER VI.-NATIONAL OLDER AMERICANS VOLUNTEER PROGRAMS

§§ 3044 to 3044e. Repealed. Pub. L. 93-113, title VI, § 604 (a), Oct. 1, 1973, 87 Stat. 417.

Section 3044, Pub. L. 89-73, title VI, § 601, as added Pub. L. 91-69, § 9, Sept. 17, 1969, 83 Stat. 111, and amended Pub. L. 93-29, title VI, § 601, May 3, 1973, 87 Stat. 55, related to grants and contracts for volunteer service projects, providing in: subsec. (a) for approval of programs and rules and regulations; subsec. (b) for method of payment; subsec. (c) for conditions upon award of grant or contract, and subsec. (d) for- exclusion as income, of compensation to individual volunteers.

Section 3044a, Pub. L. 89-73, title VI, § 603, as added Pub. L. 91-69, § 9, Sept. 17, 1969, 83 Stat. 112, and amended Pub. L. 93-29, title VI, § 602, May 3, 1973, 87 Stat. 55, related to authorization of appropriations.

Section 3044b, Pub. L. 89-73, title VI, § 611, as added Pub. L. 91-69, § 9, Sept. 17, 1969, 83 Stat. 112, and amended Pub. L. 92-424, § 29 (a), Sept. 19, 1972, 86 Stat. 705; Pub. L. 93-29, title VI, § 603(b), May 3, 1973, 87 Stat. 55, related to grants and contracts for Foster Grandparent projects and for services as senior health aides and senior companions, amount of award, method of payment, and exclusion as income of compensation to individual volunteers.

Section 3044c, Pub. L. 89-73, title VI, § 612, as added

91 69, § 9, Sept. 17, 1969, 83 Stat. 113, related to

conditions upon award of grantor contract and defined "community action agency".

Section 3044d, Pub. L. 89-73, title VI, § 613, as added Pub. L. 91-69, § 9, Sept. 17, 1969, 83 Stat. 113, and amended Pub. L. 93-29, title VI, § 603 (c), May 3, 1973, 87 Stat. 55, related to interagency cooperation.

Section 3044e, Pub. L. 89-73, title VI, § 614, as added Pub. L. 91-69, § 9, Sept. 17, 1969, 83 Stat. 114, and amended Pub. L. 93-29, title VI, § 604, May 3, 1973, 87 Stat. 55, related to authorization of appropriations.

Such former provisions are now covered by various sections as follows:

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SUBCHAPTER VII.-NUTRITION PROGRAM FOR THE ELDERLY [NEW]

§ 3045. Congressional findings and declaration of purpose.

(a) The Congress finds that the research and development nutrition projects for the elderly conducted under subchapter IV of this chapter have demonstrated the effectiveness of, and the need for, permanent nationwide projects to assist in meeting the nutritional and social needs of millions of persons aged sixty or older. Many elderly persons do not eat adequately because (1) they cannot afford to do so; (2) they lack the skills to select and prepare nourishing and well-balanced meals; (3) they have limited mobility which may impair their capacity to shop and cook for themselves; and (4) they have feelings of rejection and loneliness which obliterate the incentive necessary to prepare and eat a meal alone. These and other physiological, psychological, social, and economic changes that occur with aging result in a pattern of living, which causes malnutrition and further physical and mental deterioration. (b) In addition to the food stamp program, commodity distribution systems and old-age income benefits, there is an acute need for a national policy which provides older Americans, particularly those with low incomes, with low cost, nutritionally sound meals served in strategically located centers such as schools, churches, community centers, senior citizen centers, and other public or private nonprofit institutions where they can obtain other social and rehabilitative services. Besides promoting better health among the older segment of our population through improved nutrition, such a program would reduce the isolation of old age, offering older Americans an opportunity to live their remaining years in dignity. (Pub. L. 89-73, title VII, § 701, as added Pub. L. 92-258, § 2, Mar. 22, 1972, 86 Stat. 88.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3045e of this title.

§ 3045a. Administration.

(a) In order to effectively carry out the purposes of this subchapter, the Commissioner shall

(1) administer the program through the Administration on Aging; and

(2) consult with the Secretary of Agriculture and make full utilization of the Food and Nutrition Service, and other existing services of the Department of Agriculture.

(b) In carrying out the provisions of this subchapter, the Commissioner is authorized to request the technical assistance and cooperation of the Department of Labor, the Office of Economic Opportunity, the Department of Housing and Urban Development, the Department of Transportation, and such other departments and agencies of the Federal Government as may be appropriate.

(c) The Commissioner is authorized to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement and on a similar basis to cooperate with other public and private agencies and instrumentalities in the use of services, equipment, personnel, and facilities.

(d) In carrying out the purposes of this subchapter, the Commissioner is authorized to provide consultative services and technical assistance to any public or private nonprofit institution or organization, agency, or political subdivision of a State; to provide short-term training and technical instruction; and to collect, prepare, publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this subchapter. (Pub. L. 89-73, title VII, § 702, as added Pub. L. 92-258, § 2, Mar. 22, 1972, 86 Stat. 89, and amended Pub. L. 93-29, title VII, § 704 (c), May 3, 1973, 87 Stat. 57.)

AMENDMENTS

1973-Pub. L. 93-29 substituted, wherever appearing in subsecs. (a)-(d), "Commissioner" for "Secretary" when meaning the Secretary of Health, Education, and Welfare.

§ 3045b. Allotment of funds.

(a) State proportionate share formula.

(1) From the sums appropriated for any fiscal year under section 3045g of this title, each State shall be allotted an amount which bears the same ratio to such sum as the population aged 60 or over in such State bears to the population aged 60 or over in all States, except that (A) no State shall be allotted less than one-half of 1 percentum of the sum appropriated for the fiscal year for which the determination is made; and (B) Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall each be allotted an amount equal to one-fourth of 1 per centum of the sum appropriated for the fiscal year for which the determination is made. For the purpose of the exception contained in this paragraph, the term "State" does not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(2) The number of persons aged sixty or over in any State and for all States shall be determined by the Commissioner on the basis of the most satisfactory data available to him.

(b) Reallotment of unrequired portion.

The amount of any State's allotment under subsection (a) of this section of any fiscal year which the Commissioner determines will not be required for that year shall be reallotted, from time to time and on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) of this section for that year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Such reallotments shall be made on the basis of the State plan so approved, after taking into consideration the population aged sixty or over. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) of this section for that year.

(c) Federal allotment; matching non-Federal funds.

The allotment of any State under subsection (a) of this section for any fiscal year shall be available for grants to pay up to 90 per centum of the costs of projects in such State described in section 3045e of this title and approved by such State in accordance with its State plan approved under section 3045d of this title, but only to the extent that such costs are both reasonable and necessary for the conduct of such projects, as determined by the Commissioner in accordance with criteria prescribed by him in regulations. Such allotment to any State in any fiscal year shall be made upon the condition that the Federal allotment will be matched during each fiscal year by 10 per centum, or more, as the case may be, from funds or in kind resources from nonFederal sources.

(d) Disbursement of unqualified state's allotment.

If the Commissioner finds that any State has failed to qualify under the State plan requirements of section 3045d of this title, the Commissioner shall withhold the allotment of funds to such State referred to in subsection (a) of this section. The Commissioner shall disburse the funds so withheld directly to any public or private nonprofit institution or organization, agency, or political subdivision of such State submitting an approved plan in accordance with the provisions of section 3045d of this title, including the requirement that any such payment or payments shall be matched in the proportion specified in subsection (c) of this section for such State, by funds or in kind resources from non-Federal sources.

(e) Purchase of agricultural commodities by state agencies.

The State agency may, upon the request of one or more recipients of a grant or contract, purchase agricultural commodities and other foods to be provided to such nutrition projects assisted under this subchapter. The Commissioner may require reports from State agencies, in such form and detail as he may prescribe, concerning requests by recipients of

grants or contracts for the purchase of such agricultural commodities and other foods, and action taken thereon. (Pub. L. 89-73, title VII, § 703, as added Pub. L. 92-258, § 2, Mar. 22, 1972, 86 Stat. 90, and amended Pub. L. 93-29, title VII, § 704(c), May 3, 1973, 87 Stat 57.)

CODIFICATION

Reference in subsec. (e) to nutrition projects assisted under this subchapter was, in the original, a reference to nutrition projects assisted under this part. Since the provisions added by Pub. L. 92-258 contained no “part", the term "part" as used in such subsec. (e) has been translated as "subchapter" as the probable intent of Congress. AMENDMENTS

1973-Pub. L. 93-29 substituted, wherever appearing in subsecs. (a) (2), (b), (c), (d), and (e), "Commissioner" for "Secretary" when meaning the Secretary of Health, Education, and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3045e of this title.

§ 3045c. Payment of grants.

Payments pursuant to grants or contracts under this subchapter may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Commissioner may determine. (Pub. L. 89-73, title VII, § 704, as added Pub. L. 92-258, § 2, Mar. 22, 1972, 86 Stat. 91, and amended Pub. L. 93-29, title VII, § 704 (c), May 3, 1973, 87 Stat 57.)

AMENDMENTS

1973-Pub. L. 93-29 substituted "Commissioner" for "Secretary".

§ 3045d. State plans.

(a) Requisite features of plan.

Any State which desires to receive allotments under this subchapter shall submit to the Commissioner for approval a State plan for purposes of this subchapter which, in the case of a State agency designated pursuant to section 3024 of this title, shall be in the form of an amendment to the State plan provided in section 3025 of this title. Such plan shall

(1) establish or designate a single State agency as the sole agency for administering or supervising the administration of the plan and coordinating operations under the plan with other agencies providing services to the elderly, which agency shall be the agency designated pursuant to section 3024(a)(1) of this title, unless the Governor of such State shall, with the approval of the Commissioner, designate another agency;

(2) sets forth such policies and procedures as will provide satisfactory assurance that allotments paid to the State under the provisions of this subchapter will be expended

(A) to make grants in cash or in kind to any public or private nonprofit institution or organization, agency, or political subdivision of a State (referred to herein as "recipient of a grant or contract")

(i) to carry out the program as described in section 3045e of this title.

(ii) to provide up to 90 per centum of the costs of the purchase and preparation of the food; delivery of the meals; and such other reasonable expenses as may be incurred in

providing nutrition services to persons aged sixty or over. Recipients of grants or contracts may charge participating individuals for meals furnished pursuant to guidelines established by the Commissioner, taking into consideration the income ranges of eligible individuals in local communities and other sources of income of the recipients of a grant or a contract.

(iii) to provide up to 90 per centum of the costs of such supporting services as may be necessary in each instance, such as the costs of related social services and, where appropriate, the costs of transportation between the project site and the residences of eligible individuals who could not participate in the project in the absence of such transportation, to the extent such costs are not met through other Federal, State, or local programs.

(B) to provide for the proper and efficient administration of the State plan at the least possible administrative cost, for the fiscal year ending June 30, 1973, not to exceed an amount equal to 10 per centum of the amount allotted to the State unless a greater amount in such fiscal year is approved by the Commissioner. For the fiscal years ending after June 30, 1973, funds allotted to a State for State planning and administration pursuant to section 3026 of this title may be used for the administration of the State plan submitted pursuant to this section, except that wherever the governor of the State designates an agency other than the agency designated under section 3024(a)(1) of this title, then the Commissioner shall determine that portion of a State's allotment under section 3026 of this title which shall be available to the agency designated under subsection (a) (1) of this section for planning and administration. In administering the State plan, the State agency shall

(i) make reports, in such form and containing such information, as the Commissioner may require to carry out his functions under this subchapter, including reports of participation by the groups specified in subsection (4) of this section; and keep such records and afford such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports and proper disbursement of Federal funds under this subchapter, and

(ii) provide satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under this subchapter to the State, including any such funds paid by the State to the recipient of a grant or contract.

(3) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Commissioner shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such

methods) as are necessary for the proper and efficient operation of the plan.

(4) provide that preference shall be given in awarding grants to carry out the purposes of this subchapter to projects serving primarily low-income individuals and provide assurances that, to the extent feasible, grants will be awarded to projects operated by and serving the needs of minority, Indian, and limited English-speaking eligible individuals in proportion to their numbers in the State.

(5) provide that, when mutually agreed upon by recipients of grants and contracts and area planning and service areas agencies, nutrition projects assisted under this subchapter shall be made a part of the comprehensive and coordinated systems established under subchapter III of this chapter.

(b) Approval of plan

The Commissioner shall approve any State plan which he determines meets the requirements and purposes of this section.

(c) Noncompliance; payments termination.

Whenever the Commissioner, subject to reasonable notice and opportunity for hearing to such State agency, finds (1) that the State plan has been so changed that it no longer complies with the provisions of this subchapter, or (2) that in the administration of the plan there is a failure to comply substantially with any such provision or with any requirements set forth in the application of a recipient of a grant or contract approved pursuant to such plan, the Commissioner shall notify such State agency that further payments will not be made to the State under the provisions of this subchapter (or in his discretion, that further payments to the State will be limited to programs or projects under the State plan, or portions thereof, not affected by the failure, or that the State agency shall not make further payments under this subchapter to specified local agencies affected by the failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, the Commissioner shall make no further payments to the State under this subchapter, or shall limit payments to recipients of grants or contracts under, or parts of, the State plan not affected by the failure or payments to the State agency under this subchapter shall be limited to recipients of grants or contracts not affected by the failure, as the case may be.

(d) Judicial review.

(1) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under subsection (a) of this section, or with respect to termination of payments in whole or in part under subsection (c) of this section, such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceeding on which he based his action, as provided in section 2112 of Title 28.

(2) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(3) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of Title 28. (Pub. L. 89-73, title VII, § 705, as added Pub. L. 92-258, § 2, Mar. 22, 1972, 86 Stat. 91, and amended Pub. L. 93-29, title VII, §§ 702-704, May 3, 1973, 87 Stat. 56, 57.)

CODIFICATION

References in subsec. (c) to payments to the State agency and to specified local agencies under this subchapter were, in the original, references to payments under this part. Since the provisions added by Pub. L. 92– 258 contained no "part", the term "part" as used in such subsec. (c) has been translated as "subchapter" as the probable intent of Congress.

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-29 § 704 (a), substituted section "3024" for "3023" where first appearing and "3025" for "3023" where appearing a second time in the first sentence.

Subsec. (a) (1). Pub. L. 93-29, § 704(b), substituted section "3024" for "3023".

Subsec. (a) (2) (B). Pub. L. 93-29, § 703, substituted "administrative cost, for the fiscal year ending June 30, 1973," for "administrative cost," and "such fiscal year" for "any fiscal year" in the text preceding cl. (i) and added provisions respecting use of funds allotted to a State for State planning and administration, for fiscal years ending after June 30, 1973, and what portion of a State's allotment shall be available to an agency designated by the governor other than the agency designated under section 3024(a) (1) of this title.

in

Subsec. (a) (5). Pub. L. 93-29, § 702, added par. (5). Pub. L. 93-29, § 704 (c), substituted, wherever appearing subsecs (a), (a)(1), (a) (2) (A) (ii), (B), (B) (i), (a) (3), (b), (c), (d) of this section, "Commissioner" for "Secretary" when meaning the Secretary of Health, Education, and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3045b of this title.

§ 3045e. Nutrition and other program requirements. (a) Funds allotted to any State during any fiscal year pursuant to section 3045b of this title shall be disbursed by the State agency to recipients of grants or contracts who agree

(1) to establish a project (referred to herein as a "nutrition project") which, five or more days per week, provides at least one hot meal per day and any additional meals, hot or cold, which the recipient of a grant or contract may elect to provide, each of which assures a minimum of one-third of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council;

(2) to provide such nutrition project for individuals aged sixty or over who meet the specifications set forth in clauses (1), (2), (3), or (4) of

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