ropriate annually by the Secretary, that was used to
develop program planning guidance for the Future Years
Homeland Security Program; and
(3) include an explanation of how the resource
allocations included in the Future Years Homeland
Security Program correlate to the homeland security
strategy set forth under paragraph (2).
(c) Effective Date.--This section shall take effect with
respect to the preparation and submission of the fiscal year
2005 budget request for the Department and for any subsequent
fiscal year, except that the first Future Years Homeland
Security Program shall be submitted not later than 90 days
after the Department's fiscal year 2005 budget request is
submitted to Congress.

SEC. 875. [6 U.S.C. 455] MISCELLANEOUS AUTHORITIES.

(a) Seal.--The Department shall have a seal, whose design
is subject to the approval of the President.
(b) Participation of Members of the Armed Forces.--With
respect to the Department, the Secretary shall have the same
authorities that the Secretary of Transportation has with
respect to the Department of Transportation under section 324
of title 49, United States Code.
(c) Redelegation of Functions.--Unless otherwise provided
in the delegation or by law, any function delegated under this
Act may be redelegated to any subordinate.

SEC. 876. [6 U.S.C. 456] MILITARY ACTIVITIES.

Nothing in this Act shall confer upon the Secretary any
authority to engage in warfighting, the military defense of the
United States, or other military activities, nor shall anything
in this Act limit the existing authority of the Department of
Defense or the Armed Forces to engage in warfighting, the
military defense of the United States, or other military
activities.

SEC. 877. [6 U.S.C. 457] REGULATORY AUTHORITY AND PREEMPTION.

(a) Regulatory Authority.--Except as otherwise provided in
sections 306(c), 862(c), and 1706(b), this Act 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 the date
of enactment of this Act within any agency, program, or
function transferred to the Department pursuant to this Act, or
that on such date of enactment is exercised by another official
of the executive branch with respect to such agency, program,
or function. Any such transferred authority may