Page:United States Statutes at Large Volume 122.djvu/4904

 12 2 STA T .48 81 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 ‘ ‘ (B)Ifin f ormat ion o b tain ed t h ro ug ha c ti v itie s set forth in p aragraphs ( 1 )and( 2 ) is admitted into evidence for impeach - ment purposes in accordance w ith subparagraph ( A ) , the court, administrative l aw j udge, or other officer before whom the proceeding is conducted ma y ma k e such protective orders regarding the confidentiality or use of the information as may be appropriate in the circumstances to protect privacy and administer justice . ‘‘( C ) N o evidence shall be e x cluded in an administrative or judicial proceeding solely because the government would not have learned of the existence of or obtained such evidence but for the interception of information that is not admissible in such proceeding under subparagraph (A). ‘‘( D ) Information obtained through activities set forth in paragraphs (1) and (2) shall not be subject to publication or disclosure, or search or review in connection therewith, under section 5 52 of title 5. ‘‘( E ) Nothing in this subsection shall be construed to impair or otherwise affect the authority of the U nited S tates to inter- cept a communication, and collect, retain, analy z e, use, and disseminate the information obtained thereby, under a provi- sion of law other than this subsection. ‘‘( 4 )A P P LICAT I ONW IT H OTH ER LAW. — Section 70 5of the Communications Act of 1 93 4 (47 U.S.C. 6 05) and chapter 119 of title 1 8 shall not apply to conduct authorized by and pursuant to this subsection. ’ ’. SEC.307 . UPDAT E OF FEDE R A L RA I LROAD AD M I N ISTRATION ’ S W E B SITE. (a) IN G ENERAL.— T he Secretary shall update the F ederal R ail- road Administration’s public website to better facilitate the ability of the public, including those individuals who are not regular users of the public website, to find current information regarding the Federal Railroad Administration’s activities. (b) PUB LIC REPORTIN G O FV IOLATION S .— O n the Federal Rail- road Administration’s public website’s home page, the Secretary shall provide a mechanism for the public to submit written reports of potential violations of Federal railroad safety and hazardous materials transportation laws, regulations, and orders to the Fed- eral Railroad Administration. SEC. 30 8 . EMER G ENC Y WAI V ERS. Section 20103 is amended— (1) by striking ‘‘ W AI V ERS.—’’ in subsection (d) and inserting ‘‘NONE M ERGENC Y WAIVERS.—’’ (2) by striking subsection (e) and inserting the following

‘‘(e) H EARINGS.—The Secretary shall conduct a hearing as pro- vided by section 553 of title 5 when prescribing a regulation or issuing an order under this part, including a regulation or order establishing, amending, or providing a waiver, described in sub- section (d), of compliance with a railroad safety regulation pre- scribed or order issued under this part. An opportunity for an oral presentation shall be provided.’’; and (3) by adding at the end thereof the following: ‘‘(g) EMERGENCY WAIVERS.— ‘‘(1) IN GENERAL.—The Secretary may waive compliance with any part of a regulation prescribed or order issued under 49USC201 0 3. 49 USC 103 note .

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