6 U.S.C. § 457: Regulatory authority and…

Summary

Does not give the Secretary or other federal officials any new rule-making power, except as stated in sections 186(c), 441(c), and 1315 of title 40. Only the rule-making powers that an agency, program, or official already had on November 25, 2002, move to the Department when that agency or official is transferred. Once moved, the old official cannot keep using those powers. Other agencies keep their powers unless they are specifically moved. Does not cancel or override state or local law by itself. If a federal agency or official who had the power to override state or local law is moved into the Department, that override power moves with them on the transfer date.

Title 6, §457

Domestic Security, Source: USLM XML via OLRC

(a)Regulatory authority

Except as otherwise provided in section 186(c) and 441(c) of this title and section 1315 of title 40, this chapter vests no new regulatory authority in the Secretary or any other Federal official, and transfers to the Secretary or another Federal official only such regulatory authority as exists on November 25, 2002, within any agency, program, or function transferred to the Department pursuant to this chapter, or that on November 25, 2002, is exercised by another official of the executive branch with respect to such agency, program, or function. Any such transferred authority may not be exercised by an official from whom it is transferred upon transfer of such agency, program, or function to the Secretary or another Federal official pursuant to this chapter. This chapter may not be construed as altering or diminishing the regulatory authority of any other executive agency, except to the extent that this chapter transfers such authority from the agency.

(b)Preemption of State or local law

Except as otherwise provided in this chapter, this chapter preempts no State or local law, except that any authority to preempt State or local law vested in any Federal agency or official transferred to the Department pursuant to this chapter shall be transferred to the Department effective on the date of the transfer to the Department of that Federal agency or official.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 1315 of title 40, referred to in subsec. (a), was in the original “1706(b)”, meaning section 1706(b) of Pub. L. 107–296, which amended generally section 1315 of Title 40, Public Buildings, Property, and Works, and enacted provisions set out as a note under section 1315 of Title 40. For complete classification of section 1706(b) to the Code, see Tables. This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 101 of this title and Tables.

§457 Regulatory Authority and Preemption