§ 20106. Preemption

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 20106

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 866

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 866

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 § 1710(c) · 116 Stat. 2135

   Substituted · 49 U.S.C. § 20106

   Pub. L. 107–296, § 1710(c), in introductory provisions, 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 related to railroad safety”

   Source evidence

   Code amendment note
   Pub. L. 107–296, § 1710(c), in introductory provisions, 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 related to railroad safety”.

   Enacted provision · exact public law section
   (c) National Uniformity of Regulation.— Section 20106 of such title is amended— (1) by inserting “and laws, regulations, and orders related to railroad security” after “safety” in the first sentence; (2) by inserting “or security” after “safety” each place it appears after the first sentence; and (3) by striking “Transportation” in the second sentence and inserting “Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters),”.

   Effective date note
   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, Domestic Security.

3. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 § 1710(c)(2) · 116 Stat. 2135

   Inserted · 49 U.S.C. § 20106(1)

   Pub. L. 107–296, § 1710(c)(2), inserted “or security” after “safety”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 107–296, § 1710(c)(2), inserted “or security” after “safety”.

   Enacted provision · exact public law section
   (2) by inserting “or security” after “safety” each place it appears after the first sentence; and

   Effective date note
   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, Domestic Security.

4. 2007

   Pub. L. 110–53 title XV § 1528 · 121 Stat. 266

   Amended · 49 U.S.C. § 20106

   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 security shall be nationally uniform to the extent practicable. A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering 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 railroad safety or security when the law, regulation, or order—

   Source evidence

   Code amendment note
   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 security shall be nationally uniform to the extent practicable. A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering 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 railroad safety or security when the law, regulation, or order—

   “(1) is necessary to eliminate or reduce an essentially 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 commerce.”

   Enacted provision · exact public law section
   SEC. 1528. RAILROAD PREEMPTION CLARIFICATION.   Section 20106 of title 49, United States Code, is amended to read as follows: “§ 20106. Preemption “(a) National Uniformity of Regulation.— (1) Laws, regulations, and orders related to railroad safety and laws, regulations, and orders related to railroad security shall be nationally uniform to the extent practicable. “(2) A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering 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 railroad safety or security when the law, regulation, or order— “(A) is necessary to eliminate or reduce an essentially local safety or security hazard; “(B) is not incompatible with a law, regulation, or order of the United States Government; and “(C) does not unreasonably burden interstate commerce. “(b) Clarification Regarding State Law Causes of Action.— (1) Nothing in this section shall be construed to preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party— “(A) has failed to comply with the Federal standard of care established by a regulation or order issued by the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), covering the subject matter as provided in subsection (a) of this section; “(B) has failed to comply with its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the Secretaries; or “(C) has failed to comply with a State law, regulation, or order that is not incompatible with subsection (a)(2). “(2) Applicability. This subsection shall apply to all pending State law causes of action arising from events or activities occurring on or after January 18, 2002. “(c) Jurisdiction.— Nothing in this section creates a Federal cause of action on behalf of an injured party or confers Federal question jurisdiction for such State law causes of action.” .

4 of 4 references resolved to an enrolled provision