§ 552. — Deputy Secretary; appointment; duties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC552]
TITLE 29--LABOR
CHAPTER 12--DEPARTMENT OF LABOR
Sec. 552. Deputy Secretary; appointment; duties
There is established in the Department of Labor the office of Deputy
Secretary of Labor, which shall be filled by appointment by the
President, by and with the advice and consent of the Senate. The Deputy
Secretary shall perform such duties as may be prescribed by the
Secretary of Labor or required by law. The Deputy Secretary shall (1) in
case of the death, resignation, or removal from office of the Secretary,
perform the duties of the Secretary until a successor is appointed, and
(2) in case of the absence or sickness of the Secretary, perform the
duties of the Secretary until such absence or sickness shall terminate.
(Apr. 17, 1946, ch. 140, Sec. 1, 60 Stat. 91; Pub. L. 99-619,
Sec. 2(a)(1), Nov. 6, 1986, 100 Stat. 3491.)
Codification
Provisions of this section which prescribed the basic annual
compensation of the Under [Deputy] Secretary were omitted to conform to
the provisions of the Executive Schedule. See section 5314 of Title 5,
Government Organization and Employees.
Section was formerly classified to section 611a of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, Sec. 1, Sept. 1, 1966, 80 Stat. 378.
Amendments
1986--Pub. L. 99-619 substituted ``Deputy Secretary'' for ``Under
Secretary'' in three places.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of Labor, with certain exceptions, to Secretary of Labor,
with power to delegate, see Reorg. Plan No. 6, of 1950, Secs. 1, 2, 15
F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government
Organization and Employees.
References in Other Laws
Section 2(a)(4) of Pub. L. 99-619 provided that: ``Any reference to
the Under Secretary of Labor in any law, rule, regulation, certificate,
directive, or other document in force on the date of enactment of this
Act [Nov. 6, 1986] shall be deemed to refer and apply to the Deputy
Secretary of Labor.''
Present Incumbent
Section 2(f)(1) of Pub. L. 99-619 provided that: ``The incumbent in
the position of Under Secretary of Labor on the date of enactment of
this Act [Nov. 6, 1986] may serve as Deputy Secretary of Labor at the
pleasure of the President after such date and the amendments made by
subsection (a)(2) [amending section 5313 of Title 5, Government
Organization and Employees] shall apply to such incumbent.''
Order of Succession
For order of succession during any period when both Secretary and
Deputy Secretary of Labor are unable to perform functions and duties of
office of Secretary, see Ex. Ord. No. 13245, Dec. 18, 2001, 66 F.R.
66268, set out as a note under section 3345 of Title 5, Government
Organization and Employees.