12 2 STA T .48 8 0PUBLIC LA W 110 – 4 3 2 —O CT. 1 6, 2008 functio n s int hera i l roa d industr y foras p ecified period of ti m e or until specified conditions are met .‘ ‘ (2)T his su b section does not affect the S ecretary ’ s authority under section 2 01 0 4 of this title to act on an emer g ency basis.’’. SEC.306 . RAIL R O A D RADIO M O N I T ORIN G A U T H ORIT Y . Section 2010 7 is amended by inserting at the end the follo w ing
‘‘(c) RAILRO A D RADIO C O M M UN I C A T ION S . — ‘‘(1) I N GE NERAL.—To carry out the Secretary’s responsibil - ities under this part and under chapter 5 1 , the Secretary may authori z e officers, employees, or agents of the Secretary to conduct, with or without ma k ing their presence known, the following acti v ities in circumstances the Secretary finds to be reasonable: ‘‘( A ) Intercepting a radio communication, with or with- out the consent of the sender or other receivers of the communication, but only where such communication is broadcast or transmitted over a radio fre q uency which is— ‘‘(i) authorized for use by one or more railroad carriers by the F ederal Communications Commission
and ‘‘(ii) primarily used by such railroad carriers for communications in connection with railroad operations. ‘‘( B ) Communicating the e x istence, contents, substance, purport, effect, or meaning of the communication, sub j ect to the restrictions in paragraph ( 3 ). ‘‘(C) Receiving or assisting in receiving the communica- tion (or any information therein contained). ‘‘( D ) Disclosing the contents, substance, purport, effect, or meaning of the communication (or any part thereof of such communication) or using the communication (or any information contained therein), subject to the restric- tions in paragraph (3), after having received the commu- nication or acquired knowledge of the contents, substance, purport, effect, or meaning of the communication (or any part thereof). ‘‘( E ) Recording the communication by any means, including writing and tape recording. ‘‘(2) ACCIDENT AND INCIDENT P RE V ENTION AND INVESTIGA- TION.—The Secretary, and officers, employees, and agents of the Department of Transportation authorized by the Secretary, may engage in the activities authorized by paragraph (1) for the purpose of accident and incident prevention and investiga- tion. ‘‘(3) U SEO F INFORMATION.—(A) Information obtained through activities authorized by paragraphs (1) and (2) shall not be admitted into evidence in any administrative or judicial proceeding except— ‘‘(i) in a prosecution of a felony under Federal or State criminal law; or ‘‘(ii) to impeach evidence offered by a party other than the Federal G overnment regarding the existence, electronic characteristics, content, substance, purport, effect, meaning, or timing of, or identity of parties to, a commu- nication intercepted pursuant to paragraphs (1) and (2) in proceedings pursuant to section 5122, 5123, 20702(b), 20111, 20112, 20113, or 20114 of this title. 49USC201 0 7.
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