29 U.S.C. § 551 — Establishment of Department; Secretary;

Page 136 TITLE 29—LABOR § 551 Sec. 563a, 564. Repealed. 565. Repealed. 566. Employee drug and alcohol abuse assistance programs. 567. Labor-management dispute settlement ex- penses. 568. Acceptance of donations by Secretary. § 551. Establishment of Department; Secretary; seal There shall be an executive department in the Government to be called the Department of Labor, with a Secretary of Labor, who shall be the head thereof, to be appointed by the Presi- dent, by and with the advice and consent of the Senate, and whose tenure of office shall be like that of the heads of the other executive depart- ments. The provisions of title 4 of the Revised Statutes, including all amendments thereto, shall be applicable to said department. The pur- pose of the Department of Labor shall be to fos- ter, promote, and develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employment. The said Secretary shall cause a seal of office to be made for the said department of such device as the President shall approve and judicial notice shall be taken of the said seal. (Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Mar. 4, 1925, ch. 549, § 4, 43 Stat. 1301.) Editorial Notes REFERENCES IN TEXT Title 4 of the Revised Statutes, referred to in text, was entitled ‘‘Provisions Applicable to All Executive Departments’’, and consisted of R.S. §§ 158 to 198. For provisions of the Code derived from such title 4, see sec- tions 101, 301, 303, 304, 503, 2952, 3101, 3106, 3341, 3345 to 3349, 5535, 5536 of Title 5, Government Organization and Employees; section 207 of Title 18, Crimes and Criminal Procedure; sections 514, 520 of Title 28, Judiciary and Judicial Procedure; section 3321 of Title 31, Money and Finance. CODIFICATION Section was formerly classified to section 611 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 SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–619, § 1, Nov. 6, 1986, 100 Stat. 3491, provided that: ‘‘This Act [amending sections 552 and 553 of this title and sections 5313 to 5316 of Title 5, Government Organization and Employees, repealing section 3 of Re- organization Plan No. 6 of 1950, set out in the Appendix to Title 5, and enacting provisions set out as notes under sections 552 and 553 of this title and section 5316 of Title 5] may be cited as the ‘Department of Labor Executive Level Conforming Amendments of 1986’.’’ HISTORY OF DEPARTMENT A Department of Labor under the charge of a Com- missioner of Labor was first established by act June 13, 1888, ch. 389, 25 Stat. 182. That Department was placed under the jurisdiction and made a part of a new depart- ment, called the Department of Commerce and Labor, by act Feb. 14, 1903, ch. 552, § 4, 32 Stat. 827. The name Department of Labor was changed to Bureau of Labor by act Mar. 18, 1904, ch. 716, 33 Stat. 136. The present Department of Labor was created by act Mar. 4, 1913. The Bureau of Labor in the Department of Commerce and Labor was transferred to the present Department of Labor by said act. COMPENSATION OF SECRETARY Compensation of Secretary, see section 5312 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. EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Secretary of Labor, see Parts 1, 2, and 12 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. 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. EX. ORD. NO. 13578. COORDINATING POLICIES ON AUTOMOTIVE COMMUNITIES AND WORKERS Ex. Ord. No. 13578, July 6, 2011, 76 F.R. 40591, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. Over the last decade, the United States has experienced a decline in employment in the automotive industry and among part suppliers. This de- cline accelerated dramatically from 2008 to 2009, with more than 400,000 jobs being lost in the industry. Now, 2 years later, the American automotive industry is be- ginning to recover. The automotive industry has, over the past 2 years, experienced its strongest period of job growth since the late 1990s. Exports have expanded, and the domestic automakers in 2010 gained market share for the first time since 1995. The automotive supply chain, which employs three times as many workers as the automakers, has also shown renewed strength. However, we still have a long way to go. Over the past 2 years my Administration has under- taken coordinated efforts on behalf of automotive com- munities, including targeted technical and financial as- sistance. For example, the Department of Labor set aside funds for green jobs and job training for high- growth sectors of the economy specifically targeted to communities affected by the automotive downturn, and the Department of Commerce provided funds specifi- cally for automotive communities to develop plans for economic recovery. Stabilizing the automotive indus- try will also require the use of expanded strategies by automotive communities that include land-use redevel- opment, small business support, and worker training. The purpose of this order is to continue the coordi- nated Federal response to factors affecting automotive communities and workers and to ensure that Federal programs and policies address these concerns. SEC. 2. Assignment of Responsibilities to the Secretary of Labor. (a) The Secretary of Labor shall: (i) work to coordinate the development of policies and programs among executive departments and agen- cies with the goal of coordinating a Federal response to factors that have a distinct impact on automotive com- 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.