6-U.S.C.-457
§457 – Regulatory Authority and Preemption
Pathway
Title 6 > Chapter 1 > Subchapter VIII > Part H > Section 457
Details
- Reference: Section 457
- Legend: §457 – Regulatory Authority and Preemption
- USCode Year: 2013
Provision Content
(a) Regulatory authority
Except as otherwise provided in sections 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.
(Pub. L. 107–296, title VIII, §877, Nov. 25, 2002, 116 Stat. 2244.)
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.
U.S. Encyclopedia of Law Coverage
6-U.S.C.-427 in the Legal Encyclopedia: Domestic Security
In this entry about 6-U.S.C.-427, find legal reference material, bibliographies and premiere content related to domestic security in the American Encyclopedia of Law, presenting a comprehensive view of the United States domestic security-specific issues, written by authorities in the field.
6-U.S.C.-456 in the Legal Encyclopedia: Homeland Security
In this entry about 6-U.S.C.-456, find legal reference material, bibliographies and premiere content related to homeland security in the American Encyclopedia of Law, presenting a comprehensive view of the United States homeland security-specific issues, written by authorities in the field.
Leave a Reply