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keeping such records and for affording such access thereto as the Secretary may find nec

essary to assure the correctness and verification of such reports and proper disbursement of Fed

eral funds under this title, and

"(ii) in providing 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 title to

the State, including any such funds paid by the State to the recipient of a grant or contract.

(3) provides such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis,

except that the Secretary 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.

"(b) The Secretary shall approve any State plan which

he determines meets the requirements and purposes of this

section.

"(c) Whenever the Secretary, after reasonable notice

and opportunity for hearing to such State agency, finds (1)

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1 that the State plan has been so changed that it no longer 2 complies with the provisions of this title, or (2) that in the 3 administration of the plan there is a failure to comply sub4 stantially with any such provision or with any requirements 5 set forth in the application of a recipient of a grant or con6 tract approved pursuant to such plan, the Secretary shall 7 notify such State agency that further payments will not be 8 made to the State under the provisions of this title (or in his 9 discretion, that further payments to the State will be limited 10 to programs or projects under the State plan, or portions 11 thereof, not affected by the failure, or that the State agency 12 shall not make further payments under this part to specified. local agencies affected by the failure) until he is satisfied

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that there is no longer any such failure to comply. Until

he is so satisfied, the Secretary shall make no further pay

ments to the State under this title, 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 part shall be limited to recipients

of grants or contracts not affected by the failure, as the case may be.

"(d) (1) If any State is dissatisfied with the Secretary's final action with respect to the approval of its State plan submitted under subsection (c), such State may, within sixty

days after notice of such action, file with the United States

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1 court of appeals for the circuit in which such State is located

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a petition for review of that action. A copy of the petition 3 shall be forthwith transmitted by the clerk of the court to 4 the Secretary. The Secretary thereupon shall file in the court. 5 the record of the proceeding on which he based his action,

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as provided in section 2112 of title 28, United States Code.

"(2) The findings of fact by the Secretary, if supported

by substantial evidence, shall be conclusive; but the court,

for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary 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.

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'(3) The court shall have jurisdiction to affirm the action of the Secretary 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, United States Code.

"NUTRITION AND OTHER PROGRAM REQUIREMENTS

"SEC. 706. Funds allotted to any State during any fiscal

year pursuant to section 703 shall be disbursed by the State

agency to recipients of grants or contracts who agree

"(1) to establish a program (hereinafter referred

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to as a 'nutrition program') which, five or more days

per week, provides at least one hot meal per day and any additional meals, hot or cold, 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 program for individuals aged sixty-five or over (hereinafter referred to as 'eligible individuals');

"(3) to furnish a site for such nutrition program in as close proximity to the majority of eligible individuals' residences as feasible, and, preferably within walking distance;

“(4) to utilize methods of administration including

outreach which will assure that the maximum number of 17 eligible individuals may have an opportunity to partici

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pate in such nutrition program;

"(5) to provide a setting conducive to expanding

the nutritional program to include recreational activities, informational, health and welfare counseling and referral services;

"(6) to include such training as may be necessary to enable the personnel to carry out the provisions of this title;

"(7) to establish and administer the nutritional

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program with the advice of persons competent in the field of service in which the nutrition program is being

provided, and of persons who are knowledgeable with regard to the needs of elderly persons;

"(8) to provide an opportunity to evaluate the effectiveness, feasibility and cost of each particular type of such program; and

"(9) to give preference to persons aged sixty-five or over for any staff positions, full- or part-time, for which such persons qualify.

"SURPLUS COMMODITIES

"SEC. 707. Each recipient of a grant or contract shall, insofar as practicable, utilize in its nutrition program com

modities designated from time to time by the Secretary of

Agricuture as being in abundance, either nationally or in the

local area, or commodities donated by the Secretary of Agriculture. Commodities purchased under the authority of sec

tion 32 of the act of August 24, 1935 (49 Stat. 774), as

amended, may be donated by the Secretary of Agriculture

to the recipient of a grant or contract, in accordance with

the needs as determined by the recipient of a grant or con

tract, for utilization in the nutritional program under this title. The Secretary of Agriculture is authorized to prescribe terms and conditions respecting the use of commodities donated under section 32, as will maximize the nutritional and

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