
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-71 Section 139(3)]
[CITE: 49USC45106]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
         CHAPTER 451--ALCOHOL AND CONTROLLED SUBSTANCES TESTING
 
Sec. 45106. Relationship to other laws, regulations, standards, 
        and orders
        
    (a) Effect on State and Local Government Laws, Regulations, 
Standards, or Orders.--A State or local government may not prescribe, 
issue, or continue in effect a law, regulation, standard, or order that 
is inconsistent with regulations prescribed under this chapter. However, 
a regulation prescribed under this chapter does not preempt a State 
criminal law that imposes sanctions for reckless conduct leading to loss 
of life, injury, or damage to property.
    (b) International Obligations and Foreign Laws.--(1) In prescribing 
regulations under this chapter, the Administrator of the Federal 
Aviation Administration--
        (A) shall establish only requirements applicable to foreign air 
    carriers that are consistent with international obligations of the 
    United States; and
        (B) shall consider applicable laws and regulations of foreign 
    countries.

    (2) The Secretaries of State and Transportation jointly shall 
request the governments of foreign countries that are members of the 
International Civil Aviation Organization to strengthen and enforce 
existing standards to prohibit crewmembers in international civil 
aviation from using alcohol or a controlled substance in violation of 
law or a United States Government regulation.
    (c) Other Regulations Allowed.--This section does not prevent the 
Administrator from continuing in effect, amending, or further 
supplementing a regulation prescribed before October 28, 1991, governing 
the use of alcohol or a controlled substance by airmen, crewmembers, 
airport security screening contract employees, air carrier employees 
responsible for safety-sensitive functions (as decided by the 
Administrator), or employees of the Administration with responsibility 
for safety-sensitive functions.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1224.)

                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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45106(a)..............................  49 App.:1434(e)(1).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  614(e); added Oct. 28,
                                                                          1991,
 Pub. L. 102-143, Sec.  3(a), 105
                                                                          Stat.
 956.
45106(b)..............................  49 App.:1434(e)(3).
45106(c)..............................  49 App.:1434(e)(2).
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    In subsection (a), the word ``prescribe'' is substitued for 
``adopt'' for consistency in the revised title and with other titles of 
the United States Code. The word ``rule'' is omitted as being synonymous 
with ``regulation''. The word ``ordinance'' is omitted as being included 
in ``law'' and ``regulation''. The words ``actual'' and ``whether the 
provisions apply specifically to employees of an air carrier or foreign 
air carrier, or to the general public'' are omitted as surplus.
    In subsection (c) the word ``prevent'' is substituted for ``restrict 
the discretion of'' to eliminate unnecessary words.
