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§ 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.



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