Page:United States Statutes at Large Volume 108 Part 2.djvu/644

 108 STAT. 1360 PUBLIC LAW 103-272—JULY 5, 1994 a trial by jury of an issue of fact if the value of the matter in controversy is more than $20. An issue of fact tried by jury may be reexamined only under common law rules. (g) Necessary amounts may be appropriated to allow the head of a department, agency, or instrumentality of the Government to acquire space at a public airport (as defined in section 47102 of title 49) when the head decides the space is necessary to carry out inspections, clearance, collection of taxes or duties, or a similar responsibility of the head, related to transporting passengers or property in air commerce. The head must consult with the Secretary of Transportation before making a decision on space. MASS TRANSPORTATION EXEMPTION SEC. 3. Chapter 105 of title 49, United States Code, is amended as follows: (1) Insert immediately after section 10530 the following new section: ''§10531. Mass transportation exemption "(a) DEFINITIONS. —The definitions in section 5302(a) of this title apply to this section. "(b) PETITION FOR GRANTING EXEMPTIONS.— A State or local governmental authority may petition the Interstate Commerce Commission for an exemption from the jurisdiction of the Commission under this subchapter for mass transportation the authority provides or has provided to it by contract. Not later than 180 days after the Commission receives a petition and after notice and a reasonable opportunity for a proceeding, the Commission shall exempt the State, local governmental authority, or contractor unless the Commission finds that— "(1) the public interest would not be served by an exemption; "(2) the exemption would result in an unreasonable burden on interstate or foreign commerce; or "(3) a State or local governmental authority may not regulate the mass transportation to be exempt under this section. "(c) APPLICATION OF OTHER LAWS. — Al l applicable laws of the United States related to SEifety and to representation of employees for collective bargaining purposes, retirement, annuities, and unemployment systems, and all other laws related to employeeemployer relations, apply to a State or local governmental authority that was granted, or whose contractor was granted, an exemption under this section. "(d) CHANGING AND REVOKING EXEMPTIONS. — The Commission may change or revoke an exemption if it finds that new evidence, material error, or changed circumstances exist that materially affect the original order. The Commission may act on its own initiative or on application of an interested party." (2) Insert immediately below item 10530 in the analysis of the chapter the following new item: "10531. Mass transportation exemption.". CONFORMING PROVISIONS SEC. 4. (a) Section 401 of the Federal Election Campaign Act of 1971 (2 U.S.C. 451) is amended by striking "Civil Aeronautics

�