28 C.F.R. § 97.22

No pre-emption of federal, State, or local laws or regulations

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The regulations in this part implement the Act and do not pre-empt any applicable federal, State, or local law that may impose additional obligations on private prisoner transport companies or otherwise regulate the transportation of violent prisoners. All federal laws and regulations governing interstate commerce will continue to apply to private prisoner transport companies including, but not limited to: federal laws regulating the possession of weapons, Federal Aviation Administration or Transportation Security Administration rules and regulations governing travel on commercial aircraft, and all applicable federal, State, or local motor carrier regulations. The regulations in this part in no way pre-empt, displace, or affect the authority of States, local governments, or other federal agencies to address these issues.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2009–2021 · leading case: White v. U.S. Corrections

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White v. U.S. Corrections (2021) ca5 “And, in 28 C.F.R. § 97.22 , the Attorney General clarified that the regulations implementing Jeanna’s Act “do not pre-empt any applicable federal .”

Paull v. Park County (2009) mont · cites it 2× “The regulations expressly do not pre-empt any applicable state or local regulations ( 28 C.F.R. § 97.22 ). The federal regulations serve to enforce the conclusion that interstate prisoner transportation is an inherently dangerous activity.”

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