Page:United States Statutes at Large Volume 108 Part 2.djvu/81

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 797 program and submit comments on the proposed program and the performance of the recipient; (4) provide an opportunity for a public hearing in which to obtain the views of citizens on the proposed program of projects; (5) ensure that the proposed program of projects provides for the coordination of mass transportation services assisted under section 5336 of this title with transportation services assisted from other United States Government sources; (6) consider comments and views received, especially those of private transportation providers, in preparing the final program of projects; and (7) make the final program of projects available to the public. (d) GRANT RECiPiasn:' REQUIREMENTS.— A recipient may receive a grant in a fiscal year only if— (1) the recipient, within the time the Secretary prescribes, submits a final program of projects prepared under subsection (c) of this section and a certification for that fiscal year that the recipient (including a person receiving amounts from a chief executive officer of a State under this section)— (A) has or will have the legal, financial, and technical capacity to carry out the program; (B) has or will have satisfactory continuing control over the use of equipment and facilities; (C) will maintain equipment and facilities; (D) will ensure that elderly and handicapped individuals, or an individual presenting a medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. 401 et seq., 1395 et seq.), will be charged during non-peak hours for transportation using or involving a facility or equipment of a project financed under this chapter not more than 50 percent of the peak hour fare; (E) in carrying out a procurement under this section— (i) will use competitive procurement (as defined or approved by the Secretary); (ii) will not use a procurement that uses exclusionary or discriminatory specifications; and (iii) will comply with applicable Buy-American laws in carrying out a procurement; (F) has complied with subsection (c) of this section; (G) has available and will provide the required amounts as provided by subsection (e) of this section; (H) will comply with sections 5301(a) and (d), 5303- 5306, and 5310(a)-(d) of this title; (I) has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; and (J)(i) will expend for each fiscal year for mass transportation security projects, including increased lighting in or adjacent to a mass transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project

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