Page:United States Statutes at Large Volume 108 Part 4.djvu/576

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108 STAT. 3210 PUBLIC LAW 103-354—OCT. 13, 1994 7 USC 6912. SEC. 212. AUTHORITY OF SECRETARY TO DELEGATE TRANSFERRED FUNCTIONS. (a) DELEGATION OF AUTHORITY.— (1) DELEGATION AUTHORIZED.—Subject to paragraph (2), ' the Secretary may delegate to any agency, office, officer, or employee of the Department the authority to perform any function transferred to the Secretary tmder section 211(a) or any other function vested in the Secretary as of the date of the enactment of this Act The authority provided in the preceding sentence includes the authority to establish, consoUdate, alter, or discontinue any agency, office, or other administrative unit of the Department. (2) CONDITION ON AUTHORITY. —The delegation authority provided by paragraph (1) shall be subject to— (A) sections 232, 251(d), 273, and 304 and subsections (a) and (b)(1) of section 261; (B) sections 502 and 503 of the Agricultural Trade Act of 1978 (7 U.S.C. 5692 and 5693); and (C) section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)). (b) COST-BENEFIT ANALYSIS REQUIRED FOR NAME CHANGE.— (1) ANALYSIS REQUIRED. —Except as provided in paragraph (2), the Secretsiry shall conduct a cost-benefit analysis before changing the name of any agency, office, division, or other unit of the Department to ensure that the benefits to be derived fix)m changing the name of the agency, office, division, or other imit outweigh the expense of executing the name chsmge. (2) EXCEPTION.— Paragraph (1) shall not apply with respect to any name change required or authorized by this title. (c) PUBLIC COMMENT ON PROPOSED REORGANIZATION. —To the extent that the implementation of the authority provided to the Secretary by this title to reorganize the Department involves the creation of new agencies or offices within the Department or the delegation of m^or functions or major groups of functions to any agency or office of the Department (or the officers or employees of such agency or office), the Secretary shall, to the extent considered practicable by the Secretary— (1) give appropriate advance public notice of the proposed reorganization action or delegation; and (2) Eiffbrd appropriate opportunity for interested parties to comment on the proposed reorganization action or delegation. (d) INTERAGENCY TRANSFER OF RECORDS, PROPERTY, PERSON- NEL, AND FUNDS. — (1) RELATED TRANSFERS.— Subject to paragraph (2), as part of the transfer or delegation of a function of the Department made or authorized by this title, the Secretary may transfer within the Department— (A) any of the records, property, or personnel affected by the transfer or delegation of the ranction; and (B) unexpended balances (available or to be made available for use in connection with the transferred or delegated function) of appropriations, allocations, or other funds of the Department. (2) APPLICABLE LAW RELATING TO FUNDS TRANSFER. —Section 1531 of title 31, United States Code, shall apply to any transfer of funds under paragraph (1).