Page:United States Statutes at Large Volume 96 Part 2.djvu/782

 96 STAT. 2144 42 USC 401, 1395.

49 USC 1607, 1612.

Proposed project program. Information availability to public.

Hearing.

Reviews and audits.

PUBLIC LAW 97-424—JAN. 6, 1983

person pursuant to title II or title XVIII of the Social Security Act; "(E) in carrying out procurements under this subsection, will use competitive procurements (as defined or approved by the Secretary), will not use procurements utilizing exclusionary or discriminatory specifications, and will carry out procurements in compliance with applicable Buy America provisions; "(F) has complied with the requirements of subsection (f); "(G) has available and will provide the required amount of funds in accordance with subsection (k)(l) of this section and will comply with the requirements of sections 8 and 16 of this Act; and "(H) has a locally developed process to solicit and consider public comment prior to raising fares or implementing a major reduction of transit service. "(f) Each recipient shall— "(1) make available to the public information concerning the amount of funds available under this subsection and the program of projects that the recipient proposes to undertake with such funds; "(2) develop a proposed program of projects concerning activities to be funded in consultation with interested parties, including private transportation providers; "(3) publish a proposed program of projects in such a manner to afford affected citizens, private transportation providers, and as appropriate, local elected officials an opportunity to examine its content and to submit comments on the proposed program of projects and on the performance of the recipient; and "(4) afford an opportunity for a public hearing to obtain the views of citizens on the proposed program of projects. In preparing the final program of projects to be submitted to the Secretary, the recipient shall consider any such comments and views, particularly those of private transportation providers, and shall, if deemed appropriate by the recipient, modify the proposed program of projects. The final program of projects shall be made available to the public. "(g)(1) The Secretary shall, at least on an annual basis, conduct, or require the recipient to have independently conducted, reviews and audits as may be deemed necessary or appropriate by the Secretary to determine whether— "(A) the recipient has carried out its activities submitted in accordance with subsection (e)(2) in a timely and effective manner and has a continuing capacity to carry out those activities in a timely and effective manner; and "(B) the recipient has carried out those activities and its certifications and has used its Federal funds in a manner which is consistent with the applicable requirements of this Act and other applicable laws. Audits of the use of Federal funds shall be conducted in accordance with the auditing procedures of the General Accounting Office. "(2) In addition to the reviews and audits described in paragraph (1), the Secretary shall, not less than once every three years, perform a full review and evaluation of the performance of a recipient in carrying out the recipient's program, with specific reference to compliance with statutory and administrative requirements, and consistency of actual program activities with the proposed program

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