29 U.S.C. § 553 — Assistant Secretaries; appointment; duties

Page 137 TITLE 29—LABOR § 553 munities and workers, including through the coordina- tion of economic adjustment assistance activities; (ii) advise the President, in coordination with the Di- rector of the National Economic Council, on the poten- tial effects of pending legislation; (iii) provide recommendations to the President, in co- ordination with the Director of the National Economic Council, on executive branch policy proposals affecting automotive communities and changes to Federal poli- cies and programs intended to address issues of special importance to automotive communities and workers; and (iv) conduct outreach to representatives of nonprofit organizations, businesses, labor organizations, State and local government agencies, elected officials, and other interested persons that will assist in bringing to the President’s attention concerns, ideas, and policy options for expanding and improving efforts to revi- talize automotive communities. (b) The Secretary of Labor shall perform the func- tions assigned by this order in coordination with the Director of the National Economic Council. The Sec- retary of Labor may delegate these responsibilities to the Executive Director of the Department of Labor Of- fice of Recovery for Auto Communities and Workers. SEC. 3. Revocation. Executive Order 13509 of June 23, 2009, is hereby revoked. SEC. 4. General Provisions. (a) The heads of executive departments and agencies shall assist and provide in- formation to the Secretary of Labor or the Secretary’s designee, consistent with applicable law, as may be necessary to carry out the responsibilities assigned by this order. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive depart- ment, agency, or the head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 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 Sec- retary of Labor or required by law. The Deputy Secretary shall (1) in case of the death, resigna- tion, or removal from office of the Secretary, perform the duties of the Secretary until a suc- cessor is appointed, and (2) in case of the ab- sence or sickness of the Secretary, perform the duties of the Secretary until such absence or sickness shall terminate. (Apr. 17, 1946, ch. 140, § 1, 60 Stat. 91; Pub. L. 99–619, § 2(a)(1), Nov. 6, 1986, 100 Stat. 3491.) Editorial Notes 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 Exec- utive 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, § 1, Sept. 1, 1966, 80 Stat. 378. AMENDMENTS 1986—Pub. L. 99–619 substituted ‘‘Deputy Secretary’’ for ‘‘Under Secretary’’ in three places. Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS Pub. L. 99–619, § 2(a)(4), Nov. 6, 1986, 100 Stat. 3491, pro- vided that: ‘‘Any reference to the Under Secretary of Labor in any law, rule, regulation, certificate, direc- tive, or other document in force on the date of enact- ment of this Act [Nov. 6, 1986] shall be deemed to refer and apply to the Deputy Secretary of Labor.’’ PRESENT INCUMBENT Pub. L. 99–619, § 2(f)(1), Nov. 6, 1986, 100 Stat. 3492, pro- vided 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 sec- tion 5313 of Title 5, Government Organization and Em- ployees] shall apply to such incumbent.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain ex- ceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6, of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Govern- ment Organization and Employees. 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, listed in a table under section 3345 of Title 5, Government Orga- nization and Employees. § 553. Assistant Secretaries; appointment; duties There are established in the Department of Labor nine offices of Assistant Secretary of Labor, which shall be filled by appointment by the President, by and with the advice and con- sent of the Senate. Each of the Assistant Secre- taries of Labor shall perform such duties as may be prescribed by the Secretary of Labor or re- quired by law. One of such Assistant Secretaries shall be an Assistant Secretary of Labor for Oc- cupational Safety and Health. (Apr. 17, 1946, ch. 140, § 2, 60 Stat. 91; Pub. L. 87–137, § 1, Aug. 11, 1961, 75 Stat. 338; Pub. L. 91–596, § 29(a), Dec. 29, 1970, 84 Stat. 1618; Pub. L. 99–619, § 2(b)(1), Nov. 6, 1986, 100 Stat. 3491.) Editorial Notes CODIFICATION Provisions of this section which prescribed the basic annual compensation of the Assistant Secretaries were omitted to conform to the provisions of the Executive Schedule. See section 5315 of Title 5, Government Orga- nization and Employees. Section was formerly classified to section 611b of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 1, 1966, 80 Stat. 378. Page 138 TITLE 29—LABOR § 554 AMENDMENTS 1986—Pub. L. 99–619 substituted ‘‘nine offices’’ for ‘‘five offices’’. 1970—Pub. L. 91–596 increased the number of Assistant Secretaries of Labor from four to five and inserted pro- vision that one of such Assistant Secretaries be an As- sistant Secretary of Labor for Occupational Safety and Health. 1961—Pub. L. 87–137 increased the number of Assistant Secretaries of Labor from three to four. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–596 effective 120 days after Dec. 29, 1970 see section 34 of Pub. L. 91–596, set out as an Effective Date note under section 651 of this title. ASSISTANT SECRETARIES FOR ADMINISTRATION AND MANAGEMENT AND PUBLIC AFFAIRS Pub. L. 112–166, § 2(i)(1), Aug. 10, 2012, 126 Stat. 1285, provided that: ‘‘Notwithstanding section 2 of the Act of April 17, 1946 (29 U.S.C. 553), the appointment of individ- uals to serve as the Assistant Secretary for Adminis- tration and Management and the Assistant Secretary for Public Affairs within the Department of Labor, shall not be subject to the advice and consent of the Senate.’’ REFERENCES IN OTHER LAWS Pub. L. 99–619, § 2(b)(3), Nov. 6, 1986, 100 Stat. 3491, pro- vided that: ‘‘Any reference in any law, regulation, cer- tificate, directive, or other document to the Assistant Secretary of Labor for Veterans’ Employment in force on the date of enactment of this Act [Nov. 6, 1986] shall be deemed to be a reference to the Assistant Secretary of Labor for Veterans’ Employment and Training.’’ PRESENT INCUMBENT Pub. L. 99–619, § 2(f)(2), Nov. 6, 1986, 100 Stat. 3492, pro- vided that the incumbent in the position of Assistant Secretary of Labor for Veterans’ Employment on Nov. 6, 1986, could serve as Assistant Secretary of Labor for Veterans’ Employment and Training at the pleasure of the President after such date and that the amendments made by subsection (b)(2) of Pub. L. 99–619 to section 5315 of title 5 were to apply to such incumbent. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain ex- ceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6, of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Govern- ment Organization and Employees. § 554. Assistants to Secretary There shall be in the Department of Labor not more than two assistants to the Secretary, who shall be appointed by the President and shall perform such duties as may be prescribed by the Secretary of Labor or required by law. (Mar. 4, 1927, ch. 498, 44 Stat. 1415.) Editorial Notes CODIFICATION Section was formerly classified to section 613a of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 1, 1966, 80 Stat. 378. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain ex- ceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6, of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Govern- ment Organization and Employees. § 555. Solicitor There shall be a solicitor for the Department of Labor. (Mar. 18, 1904, ch. 716, § 1, 33 Stat. 135; Mar. 4, 1913, ch. 141, § 7, 37 Stat. 738; Ex. Ord. No. 6166, § 7, June 10, 1933.) Editorial Notes CODIFICATION The words ‘‘of the Department of Justice’’ were omit- ted from text on authority of section 7 of Ex. Ord. No. 6166, which transferred the Solicitor for the Depart- ment of Labor from the Department of Justice to the Department of Labor. Section was formerly classified to section 613b of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 1, 1966, 80 Stat. 378. Statutory Notes and Related Subsidiaries COMPENSATION OF SOLICITOR Compensation of solicitor, see section 5315 of Title 5, Government Organization and Employees. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain ex- ceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6, of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Govern- ment Organization and Employees. § 556. Chief clerk; other employees There shall be in said department a chief clerk and such other clerical assistants, inspectors, and special agents as may from time to time be provided for by Congress. (Mar. 4, 1913, ch. 141, § 2, 37 Stat. 736; Ex. Ord. No. 6166, § 4, June 10, 1933.) Editorial Notes CODIFICATION The words ‘‘a disbursing clerk’’ were omitted from text on authority of Ex. Ord. No. 6166, which trans- ferred all functions relating to the disbursement of moneys of the United States to the Treasury Depart- ment. See section 3321 of Title 31, Money and Finance. Section was formerly classified to section 615 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 1, 1966, 80 Stat. 378. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain ex- ceptions, to Secretary of Labor, with power to delegate,