United States Code

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and agencies of the Department of Labor, with certain exceptions, to the 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, Government Organization and Employees.

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to the Secretary of Labor, see Parts 1, 10, and 30 of Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, set out as a note under section 2251 of Title 50, Appendix, War and National Defense.

HISTORY OF DEPARTMENT

A Department of Labor under the charge of a Commissioner 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 department, 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.

ORDER OF SUCCESSION

For order of succession in case of absence, sickness, resignation, or death of Secretary and Under Secretary, see Ex. Ord. No. 10513, Jan. 19, 1954, 19 F.R. 369, set out as a note under section 3347 of Title 5, Government Organization and Employees.

COMPENSATION OF SECRETARY

Compensation of Secretary, see section 5312 of Title 5, Government Organization and Employees.

§ 552. Under Secretary; appointment; duties

There is established in the Department of Labor the office of Under Secretary of Labor, which shall be filled by appointment by the President, by and with the advice and consent of the Senate. The Under Secretary shall perform such duties as may be prescribed by the Secretary of Labor or required by law. The Under 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, § 1, 60 Stat. 91.)

CODIFICATION

Provisions of this section which prescribed the basic annual compensation of the Under 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, § 1, Sept. 1, 1966, 80 Stat. 378.

TRANSFER OF FUNCTIONS

ORDER OF SUCCESSION

For order of succession in case of absence, sickness, resignation, or death of Secretary and Under Secretary, see Ex. Ord. No. 10513, Jan. 19, 1954, 19 F.R. 369 set out as a note under section 3347 of Title 5, Government Organization and Employees.

§ 553. Assistant Secretaries; appointment; duties

There are established in the Department of Labor five offices of Assistant Secretary of Labor, which shall be filled by appointment by the President, by and with the advice and consent of the Senate. Each of the Assistant Secretaries of Labor shall perform such duties as may be prescribed by the Secretary of Labor or required by law. One of such Assistant Secretaries shall be an Assistant Secretary of Labor for Occupational Safety and Health.

(Apr. 17, 1946, ch. 140, § 2, 60 Stat. 91; Aug. 11, 1961, Pub. L. 87-137, § 1, 75 Stat. 338; Dec. 29, 1970, Pub. L. 91-596, § 29(a), 84 Stat. 1618.)

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 Organization 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.

AMENDMENTS

1970-Pub. L. 91-596 increased the number of Assistant Secretaries of Labor from four to five and added the provision that one of such Assistant Secretaries be an Assistant 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.

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.

TRANSFER OF FUNCTIONS

ADMINISTRATIVE ASSISTANT SECRETARY

Reorg. Plan No. 6 of 1950, § 3, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees, provided for an Administrative Assistant Secretary of Labor to be appointed, with the approval of the President, by the Secretary of Labor under the classified civil service, to perform such duties as the Secretary of Labor shall prescribe, and to receive compensation at rate of $14,000 per annum.

CROSS REFERENCES

Designation of officers to act as Secretary of Labor, see Ex. Ord. No. 10513, set out as a note under section 3347 of Title 5, Government 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.)

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.

TRANSFER OF FUNCTIONS

§ 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.)

CODIFICATION

The words "of the Department of Justice" were omitted from text on authority of section 7 of Ex. Ord. No. 6166, which transferred the Solicitor for the Department 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.

TRANSFER OF FUNCTIONS

COMPENSATION OF SOLICITOR

Compensation of solicitor, see section 5315 of Title 5, Government Organization and Employees.

CROSS REFERENCES

Solicitor to act as Secretary of Labor, see Ex. Ord. No. 10513, set out as a note under section 3347 of Title 5, Government 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.)

CODIFICATION

The words "a disbursing clerk" were omitted from text on authority of Ex. Ord. No. 6166, which transferred all functions relating to the disbursement of moneys of the United States to the Treasury Department. See section 3321 of Title 31, Money and Fi

nance.

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.

TRANSFER OF FUNCTIONS

§ 557. Bureaus and offices in Department

The following-named offices, bureaus, divisions, and branches of the public service, and all that pertains to the same, shall be under the jurisdiction and supervision of the Department of Labor:

1. Bureau of Employees' Compensation.
2. Bureau of Labor Standards.

3. Bureau of Labor Statistics.
4. Division of Public Contracts.

5. Employees' Compensation Appeals Board.
6. United States Employment Service.
7. Wage and Hour Division.

8. Women's Bureau.

(Mar. 4, 1913, ch. 141, § 3, 37 Stat. 737; June 5, 1920, ch. 248, § 1, 41 Stat. 987; June 6, 1933, ch. 49, § 1, 48 Stat. 113; Ex. Ord. No. 6166, § 14, June 10, 1933; June 30, 1936, ch. 881, § 4, 49 Stat. 2038; June 25, 1938, ch. 676, § 4, 52 Stat. 1061; 1939 Reorg. Plan No. I, § 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1940 Reorg. Plan No. V, § 1, eff. June 4, 1940, 5 F.R. 2223, 54 Stat. 1238; Ex. Ord. No. 9247, Sept. 17, 1942, 7 F.R. 7379; Ex. Ord. No. 9617, Sept. 19, 1945, 10 F.R. 11929; 1946 Reorg. Plan No. 2, § 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; June 23, 1947, ch. 120, title II, § 202, 61 Stat. 153; 1949 Reorg. Plan No. 2, § 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065; 1950 Reorg. Plan No. 19, §§ 1, 2, eff. May 24, 1952, 15 F.R. 3178, 64 Stat. 1271, 1272.)

CODIFICATION

Section was formerly classified to section 616 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.

TRANSFER OF FUNCTIONS

The Bureau of Employees' Compensation was transferred to the Department of Labor from the Federal Security Agency by Reorg. Plan No. 19 of 1950, § 1, which was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 662, the subject matter of which is covered by section 8101 et seq. of Title 5. Subsequently, the Bureau of Compensation was absorbed by the Employment Standards Administration in the Department of Labor.

The Bureau of Labor Standards was established in the Department of Labor by departmental order in 1934, and its functions were absorbed by the Occupational Safety and Health Administration in May, 1971.

The Division of Public Contracts was established in the Department of Labor by virtue of act June 30,

1936, and was consolidated with the Wage and Hour Division by order of the Secretary of Labor on Aug. 21, 1942. Subsequently, by order of the Secretary of Labor in May, 1971, the Division of Public Contracts was absorbed by the Wage and Hour Division.

The Employees' Compensation Appeals Board was transferred to the Department of Labor from the Federal Security Agency by Reorg. Plan No. 19 of 1950, § 2, which was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 662, the subject matter of which is covered by section 8101 et seq. of Title 5, Government Organization and Employees.

The United States Employment Service was created in the Department of Labor by act June 6, 1933. It was transferred to the Federal Security Agency by Reorg. Plan No. I of 1939, and its functions were consolidated with the unemployment compensation functions of the Social Security Board in the Bureau of Employment Security. Ex. Ord. No. 9247, Sept. 17, 1942, transferred the United States Employment Service from the Social Security Board to the War Manpower Commission and became a part of the Bureau of Placement. The Service was transferred to the Department of Labor by Ex. Ord. No. 9617, Sept. 19, 1945, to be administered as an organizational entity. Act June 16, 1948, ch. 472, 62 Stat. 443, transferred the Service to the Federal Security Agency to function as a part of the Bureau of Employment Security in the Social Security Administration. Reorg. Plan No. 2 of 1949, eff. Aug. 20, 1949, transferred the Bureau of Employment Security, including the United States Employment Service, to the Department of Labor.

The Wage and Hour Division was established in the Department of Labor by act June 25, 1938, and was consolidated with the Division of Public Contracts by order of the Secretary of Labor on Aug. 21, 1942.

The Women's Bureau was established in the Department of Labor by act June 5, 1920.

The Bureau of Immigration and the Bureau of Naturalization, placed under the jurisdiction of the Department of Labor upon its creation by act Mar. 4, 1913, were consolidated as the Immigration and Naturalization Service by Ex. Ord. No. 6166, § 14. The Immigration and Naturalization Service of the Department of Labor, including the Office of the Commissioner of Immigration and Naturalization, was transferred to the Department of Justice by Reorg. Plan No. V of 1940, set out in the Appendix to Title 5, Government Organization and Employees.

The Children's Bureau was transferred from the Department of Labor to the Federal Security Agency by Reorg. Plan No. 2 of 1946, set out in the Appendix to Title 5. For status of the Children's Bureau, see note under section 191 of Title 42, The Public Health and Welfare.

The United States Conciliation Service was established in the Department of Labor by virtue of act Mar. 4, 1913, § 8, formerly set out as section 619 of former Title 5, Executive Departments and Government Officers and Employees, and section 51 of this title, but was discontinued in view of act June 23, 1947, § 202, and set out as section 172 of this title, which transferred to the Federal Mediation and Conciliation Service, an independent agency, all powers and functions vested in the Secretary of Labor by act Mar. 4, 1913, § 8, formerly cited as a credit to this section.

§ 557a. Mine Safety and Health Administration

There is established in the Department of Labor a Mine Safety and Health Administration to be headed by an Assistant Secretary of Labor for Mine Safety and Health appointed by the President, by and with the advice and consent of the Senate. The Secretary, acting through the Assistant Secretary for Mine Safety and Health, shall have authority to appoint, subject to the civil service laws, such officers and employees as he may deem necessary

for the administration of this Act, and to prescribe powers, duties, and responsibilities of all officers and employees engaged in the administration of this Act. The Secretary is authorized and directed, except as specifically provided otherwise to carry out his functions under the Federal Mine Safety and Health Act of 1977 [30 U.S.C. 801 et seq.] through the Mine Safety and Health Administration.

(Pub. L. 95-164, title III, § 302(a), Nov. 9, 1977, 91 Stat. 1319.)

REFERENCES IN TEXT

The civil service laws, referred to in text, are set out in Title 5, Government Organization and Employees. See particularly section 3301 et seq. of that title.

This Act, referred to in text, means Pub. L. 95-164, Nov. 9, 1977, 91 Stat. 1290, as amended, known as the Federal Mine Safety and Health Amendments Act of 1977, which enacted this section, sections 822 to 825 and 961 of Title 30, Mineral Lands and Mining, amended sections 5314 and 5315 of Title 5, Government Organization and Employees, and sections 801 to 804, 811 to 821, 842, 861, 878, 951 to 955, 958 and 959 of Title 30, repealed sections 721 to 740 of Title 30 and section 1456a of Title 43, Public Lands, and enacted provisions set out as notes under sections 801 and 954 of Title 30 and section 11 of former Title 31, Money and Finance. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 801 of Title 30 and Tables.

The Federal Mine Safety and Health Act of 1977, referred to in text, is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as amended by Pub. L. 95-164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290, which is classified principally to chapter 22 (§ 801 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 30 and Tables.

EFFECTIVE DATE

Section effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note under section 801 of Title 30, Mineral Lands and Mining.

CROSS REFERENCES

Federal Mine Safety and Health Review Commission, see section 823 of Title 30, Mineral Lands and Mining.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 952 of this title.

§ 558. Library, records, etc., of Department

The Secretary of Labor shall have charge in the buildings or premises occupied by or appropriated to the Department of Labor, of the library, furniture, fixtures, records, and other property pertaining to it or acquired for use in its business. He shall be allowed to expend for periodicals and the purposes of the library and for rental of appropriate quarters for the accommodation of the Department of Labor within the District of Columbia, and for all other incidental expenses, such sums as Congress may provide from time to time. (Mar. 4, 1913, ch. 141, § 6, 37 Stat. 738.)

CODIFICATION

Section was formerly classified to section 617 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.

TRANSFER OF FUNCTIONS

§ 559. Rented quarters

Where any office, bureau, or branch of the public service transferred to the Department of Labor by this Act is occupying rented buildings or premises, it may continue to do so until other suitable quarters are provided for its use. (Mar. 4, 1913, ch. 141, § 6, 37 Stat. 738.)

REFERENCES IN TEXT

This Act, referred to in text, is act Mar. 4, 1913, ch. 141, 37 Stat. 736, as amended, which is classified principally to sections 2, 551, and 555 to 562 of this title. For complete classification of this Act to the Code, see Tables.

CODIFICATION

Section was formerly classified to section 618 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.

TRANSFER OF FUNCTIONS

CROSS REFERENCES

Lease of buildings to Government, see section 278a of Title 40, Public Buildings, Property, and Works.

§ 560. Reports and investigations

The Secretary of Labor shall annually, at the close of each fiscal year, make a report in writing to Congress, giving an account of all moneys received and disbursed by him and his department and describing the work done by the department. He shall also, from time to time, make such special investigations and reports as he may be required to do by the President, or by Congress, or which he himself may deem necessary.

(Mar. 4, 1913, ch. 141, § 9, 37 Stat. 738.)

CODIFICATION

Section was formerly classified to section 620 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.

§ 561. Records and papers and furniture transferred to Department

The official records and papers on file in and pertaining exclusively to the business of any bureau, office, department, or branch of the public service in this Act transferred to the Department of Labor, together with the furniture in use in such bureau, office, department, or branch of the public service, are transferred to the Department of Labor.

(Mar. 4, 1913, ch. 141, § 5, 37 Stat. 737.)

REFERENCES IN TEXT

CODIFICATION

Section was formerly classified to section 621 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.

§ 562. Laws operative

All laws prescribing the work and defining the duties of the several bureaus, offices, departments, or branches of the public service by this Act transferred to and made a part of the Department of Labor shall, so far as the same are not in conflict with the provisions of this Act, remain in full force and effect, to be executed under the direction of the Secretary of Labor.

(Mar. 4, 1913, ch. 141, § 6, 37 Stat. 738.)

REFERENCES IN TEXT

CODIFICATION

Section was formerly classified to section 622 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.

TRANSFER OF FUNCTIONS

§ 563. Working capital fund; establishment; availability; capitalization; reimbursement

There is established a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of (1) a central reproduction service; (2) a central visual exhibit service; (3) a central supply service for supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department; (4) a central tabulating service; (5) telephone, mail and messenger services; (6) a central accounting and payroll service; and (7) a central laborers' service: Provided, That any stocks of supplies and equipment on hand or on order shall be used to capitalize such fund: Provided further, That such fund shall be reimbursed in advance from funds available to bureaus, offices, and agencies for which such centralized services are performed at rates which will return in full all expenses of operation, including reserves for accrued annual leave and depreciation of equipment.

(Pub. L. 85-67, title I, § 101, June 29, 1957, 71 Stat. 210; Pub. L. 86-703, title I, § 101, Sept. 2, 1960, 74 Stat. 755.)

CODIFICATION

Section was formerly classified to section 622a 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

1960-Pub. L. 86-703 made the fund available for the maintenance and operation of a central tabulating service, a central accounting and payroll service, and a central laborers' service.

§ 564. Working capital fund; availability for personnel functions in regional administrative offices

The Working Capital Fund of the Department of Labor shall be available on and after March 5, 1970, for expenses necessary for personnel functions in regional administrative offices.

(Pub. L. 91-204, title I, § 100, Mar. 5, 1970, 84 Stat. 26.)

CHAPTER 13-EXEMPLARY REHABILITATION

CERTIFICATES

88 601 to 605. Repealed. Pub. L. 97–306, title III, § 311, Oct. 14, 1982, 96 Stat. 1442

Section 601, Pub. L. 90-83, § 6(a), Sept. 11, 1967, 81 Stat. 221, provided that the Secretary of Labor act on any application for an Exemplary Rehabilitation Certificate received under this chapter from any person discharged or dismissed under conditions other than honorable, or who received a general discharge, at least three years before the date of receipt of such application.

Section 602, Pub. L. 90-83, § 6(b), Sept. 11, 1967, 81 Stat. 221, provided criteria for the issuance of an Exemplary Rehabilitation Certificate and required notification of the issuance of such certificate to the Secretary of Defense and placement of the certificate in the military personnel file of the person to whom it is issued.

Section 603, Pub. L. 90-83, § 6(c), Sept. 11, 1967, 81 Stat. 221, specified certain types of notarized statements that might be used in support of an application for an Exemplary Rehabilitation Certificate, and provided for independent investigations by the Secretary of Labor and personal appearances by the applicant or appearance by counsel before the Secretary.

Section 604, Pub. L. 90-83, § 6(d), Sept. 11, 1967, 81 Stat. 221, provided that no benefits under any laws of the United States (including but not limited to those relating to pensions, compensation, hospitalization, military pay and allowances, education, loan guarantees, retired pay, or other benefits based on military service) accrue to any person to whom an Exemplary Rehabilitation Certificate was issued under former section 602 of this title unless he would have been entitled to those benefits under his original discharge or dismissal.

Section 605, Pub. L. 90-83, § 6(e), Sept. 11, 1967, 81 Stat. 221, provided that the Secretary of Labor require the national system of public employment offices established under chapter 4B of this title to accord special counseling and job development assistance to any person who had been discharged or dismissed under conditions other than honorable but who had been issued an Exemplary Rehabilitation Certificate.

§ 606. Repealed. Pub. L. 97-306, title III, § 311, Oct. 14, 1982, 96 Stat. 1442; Pub. L. 97-375, title I, § 110(a), Dec. 21, 1982, 96 Stat. 1820 Section, Pub. L. 90–83, § 6(f), Sept. 11, 1967, 81 Stat. 221, directed the Secretary of Labor to report to Congress not later than Jan. 15 of each year the number of cases reviewed under this chapter and the number of certificates issued.

§ 607. Repealed. Pub. L. 97–306, title III, § 311, Oct. 14, 1982, 96 Stat. 1442

Section, Pub. L. 90-83, § 6(g), Sept. 11, 1967, 81 Stat. 221, provided that in carrying out the provisions of this chapter the Secretary of Labor was authorized to issued regulations, delegate authority, and utilize the services of the Civil Service Commission for making such investigations as might have been mutually agreeable.

Sec. 621.

622.

623.

624.

625.

626.

(a) Delegation of functions; appointment of personnel; technical assistance. (b) Cooperation with other agencies, employers, labor organizations, and employment agencies. Recordkeeping, investigation, and enforcement.

(a) Attendance of witnesses; investiga-
tions, inspections, records, and
homework regulations.
(b) Enforcement; prohibition of age dis-
crimination under fair labor stand-
ards; unpaid minimum wages and
unpaid overtime compensation; liq-
uidated damages; judicial relief;
conciliation, conference, and per-
suasion.

(c) Civil actions; persons aggrieved; juris-
diction; judicial relief; termination
of individual action upon com-
mencement of action by Commis-
sion; jury trial.

(d) Filing of charge with Commission; timeliness; conciliation, conference, and persuasion.

(e) Statute of limitations; reliance in future on administrative ruling, etc.; tolling.

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United States Code, Volume 12