6 U.S.C. § 455 — Miscellaneous authorities

Page 231 TITLE 6—DOMESTIC SECURITY § 457 panied by a Future Years Homeland Security Program. (b) Contents The Future Years Homeland Security Pro- gram under subsection (a) shall— (1) include the same type of information, or- ganizational structure, and level of detail as the future years defense program submitted to Congress by the Secretary of Defense under section 221 of title 10; (2) set forth the homeland security strategy of the Department, which shall be developed and updated as appropriate annually by the Secretary, that was used to develop program planning guidance for the Future Years Home- land Security Program; and (3) include an explanation of how the re- source 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. (Pub. L. 107–296, title VIII, § 874, Nov. 25, 2002, 116 Stat. 2244; Pub. L. 108–330, § 5, Oct. 16, 2004, 118 Stat. 1278.) Editorial Notes AMENDMENTS 2004—Subsec. (b). Pub. L. 108–330 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘The Future Years Homeland Security Program under subsection (a) of this section shall be structured, and include the same type of information and level of detail, as the Future Years Defense Pro- gram submitted to Congress by the Department of De- fense under section 221 of title 10.’’ Statutory Notes and Related Subsidiaries ADMINISTRATIVE PROVISIONS Pub. L. 115–141, div. F, title I, § 101, Mar. 23, 2018, 132 Stat. 606, provided that: ‘‘Hereafter, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Rep- resentatives, at the time the President’s budget pro- posal is submitted pursuant to section 1105(a) of title 31, United States Code, the Future Years Homeland Se- curity Program, as authorized by section 874 of the Homeland Security Act of 2002 (6 U.S.C. 454).’’ § 455. Miscellaneous authorities (a) Seal The Department shall have a seal, whose de- sign 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 Sec- retary of Transportation has with respect to the Department of Transportation under section 324 of title 49. (c) Redelegation of functions Unless otherwise provided in the delegation or by law, any function delegated under this chap- ter may be redelegated to any subordinate. (d) Investigation of certain violent acts, shoot- ings, and mass killings (1) In general At the request of an appropriate law enforce- ment official of a State or political subdivi- sion, the Secretary, through deployment of the Secret Service or United States Immigra- tion and Customs Enforcement, may assist in the investigation of violent acts and shootings occurring in a place of public use, and in the investigation of mass killings and attempted mass killings. Any assistance provided by the Secretary under this subsection shall be pre- sumed to be within the scope of Federal office or employment. (2) Definitions For purposes of this subsection— (A) the term ‘‘mass killings’’ means 3 or more killings in a single incident; and (B) the term ‘‘place of public use’’ has the meaning given that term under section 2332f(e)(6) of title 18. (Pub. L. 107–296, title VIII, § 875, Nov. 25, 2002, 116 Stat. 2244; Pub. L. 112–265, § 2(b), Jan. 14, 2013, 126 Stat. 2435.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), 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 chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. AMENDMENTS 2013—Subsec. (d). Pub. L. 112–265 added subsec (d). § 456. Military activities Nothing in this chapter 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 chapter limit the existing au- thority of the Department of Defense or the Armed Forces to engage in warfighting, the military defense of the United States, or other military activities. (Pub. L. 107–296, title VIII, § 876, Nov. 25, 2002, 116 Stat. 2244.) Editorial Notes REFERENCES IN TEXT 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 com- plete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Ta- bles. § 457. Regulatory authority and preemption (a) Regulatory authority Except as otherwise provided in sections 186(c) and 441(c) of this title and section 1315 of title