6 U.S.C. § 457 — Regulatory authority and preemption

(a) Regulatory authority: Except as otherwise stated in sections 186(c) and 441(c) of this title, and section 1315 of title 40, this chapter does not create any brand-new regulatory authority for the Secretary or any other federal official. Instead, it only transfers authority that already existed. Two kinds of existing authority transfer to the Secretary or another federal official: (1) authority that existed on November 25, 2002, within any agency, program, or function moved to the Department under this chapter, and (2) authority that, on November 25, 2002, was being exercised by another executive-branch official over that same agency, program, or function. Once authority transfers under this chapter, the official who used to hold it may no longer exercise it. This chapter cannot be read to alter or reduce the regulatory authority of any other executive agency — except to the extent this chapter actually moves that authority away from the agency. (b) Preemption of State or local law: Except as otherwise provided in this chapter, this chapter does not preempt (override) any state or local law. There is one exception. If a federal agency or official had the power to preempt state or local law, and that agency or official transfers to the Department under this chapter, then that preemption power transfers to the Department too. The transfer takes effect on the same date the underlying agency or official transfers to the Department.