View all text of Subchapter I [§ 6911 - § 6925]
§ 6912. Authority of Secretary to delegate transferred functions
(a) Delegation of authority
(1) Delegation authorized
(2) Condition on authority
The delegation authority provided by paragraph (1) shall be subject to—
(A) sections 6942, 6971(f), 6993, and 2204e of this title and subsections (a) and (b)(1) of section 6981 of this title;
(B) sections 5692 and 5693 of this title; and
(C)section 590h(b)(5) of title 16.
(b) Cost-benefit analysis required for name change
(1) Analysis required
(2) Exception
(c) Public comment on proposed reorganization
To the extent that the implementation of the authority provided to the Secretary by this chapter to reorganize the Department involves the creation of new agencies or offices within the Department or the delegation of major 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) afford appropriate opportunity for interested parties to comment on the proposed reorganization action or delegation.
(d) Interagency transfer of records, property, personnel, 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 chapter, the Secretary may transfer within the Department—
(A) any of the records, property, or personnel affected by the transfer or delegation of the function; 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
(e) Exhaustion of administrative appeals
Notwithstanding any other provision of law, a person shall exhaust all administrative appeal procedures established by the Secretary or required by law before the person may bring an action in a court of competent jurisdiction against—
(1) the Secretary;
(2) the Department; or
(3) an agency, office, officer, or employee of the Department.
(Pub. L. 103–354, title II, § 212, Oct. 13, 1994, 108 Stat. 3210; Pub. L. 110–234, title VII, § 7511(c)(27), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(27), June 18, 2008, 122 Stat. 1664, 2031.)