Page:United States Statutes at Large Volume 90 Part 2.djvu/881

 PUBLIC LAW 94-488—OCT. 13, 1976

90 STAT. 2349

" (2) WAIVER.—The provisions of paragraph (1) may be waived, in whole or i n part, with respect to publication of the proposed use of funds and the summaries, in accordance with regulations of the Secretary, where the cost of such publication would be unreasonably burdensome in relation to the entitlement of such State government or unit of local government to funds made available under subtitle A, or where such publication is 31 USC 1221. otherwise impractical or infeasible. I n addition, the 10-da;y provisions of paragraph (1)(A) may be modified to the maximum extent necessary to comply with applicable State and local law if the Secretary is satisfied that the citizens of such State or local government will receive adequate notification of the proposed use of funds consistent with the intent of this section. "(d)

REPORT SUBMITTED TO THE GOVERNOR.—The Secretary shall

furnish to the Governor of the State in which any unit of local government which receives funds under subtitle A is located, a copy of each report filed with the Secretary as required under sul)section (a), in such manner and form as the Secretary may prescribe by regulation. " (e) BUDGETS.—The Secretary shall promulgate regulations for the application of this section to circumstances under which the State government or unit of local government does not adopt a budget. " (f) REPORT o r THE SECRETARY.—The Secretary shall include with the report required under section 105(a)(2) a report to the Congress on the implementation and administration of this Act during the preceding fiscal year. Such report shall include, b u t not be limited to, a comprehensive and detailed analysis of— " (1) the measures taken to comply with section 122, including a description of the nature and extent of any noncompliance and the status of all pending complaints; " (2) the extent to which recipient jurisdictions have complied with section 123, including a description of the nature and extent of any noncompliance and of measures taken to ensure the independence of audits conducted pursuant to subsection (c) of such section; " (3) the manner in which funds distributed under subtitle A have been distributed in recipient jurisdictions; and " (4) any significant problems arising in the administration of the Act and the proposals to remedy such problems through appropriate legislation.

Regulations, Report to Congress, 31 USC 1224. Post, p. 2350.

31 USC 1243.

" (g) PARTICIPATION BY SENIOR C I T I Z E N S. — I n conducting any hear-

ing required under this section, or under its own budget processes, a State or unit of local government shall endeavor to provide senior citizens and their organizations with an opportunity to be heard prior to the final allocation of any funds provided under the Act pursuant to such a hearing.". (b) ENFORCEMENT.—Subtitle B (relating to administrative provisions) is amended by adding at the end thereof the following new sections: "SEC. 124. PRIVATE CIVIL ACTIONS. " (a) STANDING.—Whenever a State government or a unit of local 31 USC 1244. government, or any officer or employee thereof acting in an official capacity, has engaged or is engaging in any act or practice prohibited by this Act, upon exhaustion of administrative remedies, a civil action may be instituted by the person aggrieved in an appropriate United States district court or in a State court of general jurisdiction. " (b) R E L I E F. — The court may grant as relief to the plaintiff any temporary restraining order, preliminary or permanent injunction or

89-194 O—78—pt. 2

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