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6 USC § 457 - Regulatory authority and preemption 

---
identifier: "/us/usc/t6/s457"
source: "usc"
legal_status: "official_prima_facie"
title: "6 USC § 457 - Regulatory authority and preemption"
title_number: 6
title_name: "DOMESTIC SECURITY"
section_number: "457"
section_name: "Regulatory authority and preemption"
chapter_number: 1
chapter_name: "HOMELAND SECURITY ORGANIZATION"
subchapter_number: "VIII"
subchapter_name: "COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS"
part_number: "H"
part_name: "Miscellaneous Provisions"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 107–296, title VIII, § 877, Nov. 25, 2002, 116 Stat. 2244.)"
---

# § 457. Regulatory authority and preemption

**1** **Regulatory authority** section 1315 of title 40[^1]November 25, 2002November 25, 2002

Except as otherwise provided in sections 186(c) and 441(c) of this title and , 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 , within any agency, program, or function transferred to the Department pursuant to this chapter, or that on , 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.

See References in Text note below.

**(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.

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**Source Credit**: (Pub. L. 107–296, title VIII, § 877, Nov. 25, 2002, 116 Stat. 2244.)

## Editorial Notes

### References in Text

, referred to in subsec. (a), was in the original “1706(b)”, meaning , which amended generally , Public Buildings, Property, and Works, and enacted provisions set out as a note under . 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 , , , 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  and Tables.