49 U.S.C. § 20107 — Inspection and investigation

Page 559 TITLE 49—TRANSPORTATION § 20107 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20106 .......... 45:434. Oct. 16, 1970, Pub. L. 91–458, § 205, 84 Stat. 972. In this section, before clause (1), the words ‘‘The Con- gress declares that’’ are omitted as unnecessary. In clause (3), the word ‘‘unreasonably’’ is substituted for ‘‘undue’’ for consistency in the revised title and with other titles of the United States Code. Editorial Notes AMENDMENTS 2007—Pub. L. 110–53 amended section generally. Prior to amendment, text of section read as follows: ‘‘Laws, regulations, and orders related to railroad safety and laws, regulations, and orders related to railroad secu- rity shall be nationally uniform to the extent prac- ticable. A State may adopt or continue in force a law, regulation, or order related to railroad safety or secu- rity until the Secretary of Transportation (with re- spect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order cov- ering the subject matter of the State requirement. A State may adopt or continue in force an additional or more stringent law, regulation, or order related to rail- road safety or security when the law, regulation, or order— ‘‘(1) is necessary to eliminate or reduce an essen- tially local safety or security hazard; ‘‘(2) is not incompatible with a law, regulation, or order of the United States Government; and ‘‘(3) does not unreasonably burden interstate com- merce.’’ 2002—Pub. L. 107–296, § 1710(c), in introductory provi- sions, in first sentence inserted ‘‘and laws, regulations, and orders related to railroad security’’ after ‘‘safety’’, in second sentence substituted ‘‘Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters),’’ for ‘‘Transportation’’, and in second and third sentences inserted ‘‘or security’’ after ‘‘order re- lated to railroad safety’’. Par. (1). Pub. L. 107–296, § 1710(c)(2), inserted ‘‘or secu- rity’’ after ‘‘safety’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. § 20107. Inspection and investigation (a) GENERAL.—To carry out this part, the Sec- retary of Transportation may take actions the Secretary considers necessary, including— (1) conduct investigations, make reports, issue subpenas, require the production of docu- ments, take depositions, and prescribe record- keeping and reporting requirements; and (2) delegate to a public entity or qualified person the inspection, examination, and test- ing of railroad equipment, facilities, rolling stock, operations, and persons. (b) ENTRY AND INSPECTION.—In carrying out this part, an officer, employee, or agent of the Secretary, at reasonable times and in a reason- able way, may enter and inspect railroad equip- ment, facilities, rolling stock, operations, and relevant records. When requested, the officer, employee, or agent shall display proper creden- tials. During an inspection, the officer, em- ployee, or agent is an employee of the United States Government under chapter 171 of title 28. (c) RAILROAD RADIO COMMUNICATIONS.— (1) IN GENERAL.—To carry out the Sec- retary’s responsibilities under this part and under chapter 51, the Secretary may authorize officers, employees, or agents of the Secretary to conduct, with or without making their pres- ence known, the following activities in cir- cumstances the Secretary finds to be reason- able: (A) Intercepting a radio communication, with or without the consent of the sender or other receivers of the communication, but only where such communication is broadcast or transmitted over a radio frequency which is— (i) authorized for use by one or more railroad carriers by the Federal Commu- nications Commission; and (ii) primarily used by such railroad car- riers for communications in connection with railroad operations. (B) Communicating the existence, con- tents, substance, purport, effect, or meaning of the communication, subject to the re- strictions in paragraph (3). (C) Receiving or assisting in receiving the communication (or any information therein contained). (D) Disclosing the contents, substance, purport, effect, or meaning of the commu- nication (or any part thereof of such com- munication) or using the communication (or any information contained therein), subject to the restrictions in paragraph (3), after having received the communication or ac- quired knowledge of the contents, substance, purport, effect, or meaning of the commu- nication (or any part thereof). (E) Recording the communication by any means, including writing and tape recording. (2) ACCIDENT AND INCIDENT PREVENTION AND INVESTIGATION.—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 investigation. (3) USE OF 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 Fed- eral or State criminal law; or (ii) to impeach evidence offered by a party other than the Federal Government regard- ing the existence, electronic characteristics, content, substance, purport, effect, meaning, or timing of, or identity of parties to, a com- munication intercepted pursuant to para- graphs (1) and (2) in proceedings pursuant to section 5122, 5123, 20702(b), 20111, 20112, 20113, or 20114 of this title. (B) If information obtained through activi- ties set forth in paragraphs (1) and (2) is ad- mitted into evidence for impeachment pur- Page 560 TITLE 49—TRANSPORTATION § 20108 poses in accordance with subparagraph (A), the court, administrative law judge, or other officer before whom the proceeding is con- ducted may make such protective orders re- garding the confidentiality or use of the infor- mation as may be appropriate in the cir- cumstances to protect privacy and administer justice. (C) No evidence shall be excluded in an ad- ministrative or judicial proceeding solely be- cause 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 sub- paragraph (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 sec- tion 552 of title 5. (E) Nothing in this subsection shall be con- strued to impair or otherwise affect the au- thority of the United States to intercept a communication, and collect, retain, analyze, use, and disseminate the information obtained thereby, under a provision of law other than this subsection. (4) APPLICATION WITH OTHER LAW.—Section 705 of the Communications Act of 1934 (47 U.S.C. 605) and chapter 119 of title 18 shall not apply to conduct authorized by and pursuant to this subsection. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 866; Pub. L. 110–432, div. A, title III, § 306, Oct. 16, 2008, 122 Stat. 4880.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20107(a) ...... 45:437(a) (1st sen- tence words be- fore 9th and after 14th commas). Oct. 16, 1970, Pub. L. 91–458, § 208(a) (1st sentence words before 9th and after 14th commas), 84 Stat. 974, 975. 45:437(d)(1) (1st sen- tence). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 208(d)(1) (1st sentence); added Oct. 10, 1980, Pub. L. 96–423, § 6(b), 94 Stat. 1813. 20107(b) ...... 45:437(b). Oct. 16, 1970, Pub. L. 91–458, § 208(b), 84 Stat. 975; re- stated Nov. 2, 1978, Pub. L. 95–574, § 9, 92 Stat. 2462; Oct. 10, 1980, Pub. L. 96–423, § 6(a), 94 Stat. 1813. In subsection (a), before clause (1), the words ‘‘To carry out this part, the Secretary of Transportation may’’ are substituted for ‘‘In carrying out his functions under this subchapter, the Secretary is authorized to perform . . . to carry out the provisions of this sub- chapter’’ and ‘‘In carrying out the functions formerly vested in the Interstate Commerce Commission and transferred to the Secretary by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix, the Secretary is au- thorized to perform any act authorized in subsection (a) of this section . . . to carry out such transferred functions’’ to eliminate unnecessary words. In clause (2), the word ‘‘entity’’ is substituted for ‘‘bodies’’ for consistency in the revised title and with other titles of the United States Code. In subsection (b), the words ‘‘In carrying out this part’’ are substituted for ‘‘To carry out the Secretary’s responsibilities under this subchapter and under the functions transferred by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix’’ to eliminate unnecessary words. The word ‘‘way’’ is substituted for ‘‘manner’’ for consistency in the revised title and with other titles of the Code. The word ‘‘examine’’ is omitted as being in- cluded in ‘‘inspect’’. The word ‘‘considered’’ is omitted as surplus. Editorial Notes AMENDMENTS 2008—Subsec. (c). Pub. L. 110–432 added subsec. (c). SAFETY INSPECTIONS IN MEXICO Pub. L. 110–432, div. A, title IV, § 416, Oct. 16, 2008, 122 Stat. 4890, as amended by Pub. L. 114–94, div. A, title XI, § 11316(j)(8), Dec. 4, 2015, 129 Stat. 1678, provided that: ‘‘Mechanical and brake inspections of rail cars performed in Mexico shall not be treated as satisfying United States rail safety laws or regulations unless the Secretary certifies that— ‘‘(1) such inspections are being performed under regulations and standards equivalent to those appli- cable in the United States; ‘‘(2) the inspections are being performed by employ- ees that have received training similar to the train- ing received by similar railroad employees in the United States; ‘‘(3) inspection records that are required to be available to the crewmembers on board the train, in- cluding air slips and blue cards, are maintained in both English and Spanish, and such records are avail- able to the Federal Railroad Administration for re- view; and ‘‘(4) the Federal Railroad Administration is per- mitted to perform onsite inspections for the purpose of ensuring compliance with the requirements of this section.’’ [For definition of ‘‘railroad’’, as used in section 416 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.] § 20108. Research, development, testing, and training (a) GENERAL.—The Secretary of Transpor- tation shall carry out, as necessary, research, development, testing, evaluation, and training for every area of railroad safety. (b) CONTRACTS.—To carry out this part, the Secretary may make contracts for, and carry out, research, development, testing, evaluation, and training (particularly for those areas of rail- road safety found to need prompt attention). (c) AMOUNTS FROM NON-GOVERNMENT SOURCES FOR TRAINING SAFETY EMPLOYEES.—The Sec- retary may request, receive, and expend amounts received from non-United States Gov- ernment sources for expenses incurred in train- ing safety employees of private industry, State and local authorities, or other public authori- ties, except State rail safety inspectors partici- pating in training under section 20105 of this title. (d) FACILITIES.—The Secretary may erect, alter, and repair buildings and make other pub- lic improvements to carry out necessary rail- road research, safety, and training activities at the Transportation Technology Center in Pueb- lo, Colorado. (e) OFFSETTING COLLECTIONS.—The Secretary may collect fees or rents from facility users to offset appropriated amounts for the cost of pro- viding facilities or research, development, test- ing, training, or other services, including long- term sustainment of the on-site physical plant. (f) REVOLVING FUND.—Amounts appropriated to carry out subsection (d) and all fees and rents collected pursuant to subsection (e) shall be