Page:United States Statutes at Large Volume 113 Part 2.djvu/1105

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-587 manner and with the same effect as if this subtitle had not been enacted. (d) NONABATEMENT OF ACTIONS. — No suit, action, or other proceeding commenced by or against the Department of Commerce or the Secretary of Commerce, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this subtitle, shall abate by reason of the enactment of this subtitle. (e) CONTINUANCE OF SUITS. — I f any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this subtitle such function is transferred to any other officer or office, th(5n such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW. — Except as otherwise provided by this subtitle, any statvitory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this subtitle shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this subtitle. SEC. 4744. TRANSFER OF ASSETS. Except as otherwise provided in this subtitle, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a fuinction transferred to an official or agency by this subtitle shall bte available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Manag€!ment and Budget directs for use in connection with the functions transferred. SEC. 4745. DELEGATION AND ASSIGNMENT. Except as otherwise expressly prohibited by law or otherwise provided in this subtitle, an official to whom functions are transferred under this subtitle (including the head of any office to which functions are transferred under this subtitle) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this subtitle shall relieve the official to whom a function is transferred under this subtitle of responsibility for the administration of the function. SEC. 4746. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGE- MENT AND BUDGET WITH RESPECJT TO FUNCTIONS TRANSFERRED. (a) DETERMINATIONS.— If necessary, the Director of the Office of Management and Budget shall make any determination of the functions that are transferred under this subtitle. (b) INCIDENTAL TRANSFERS. —The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this subtitle, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds

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