# § 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.
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**Source Credit**: (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 Executive Schedule. See , Government Organization and Employees.
Section was formerly classified to prior to the general revision and enactment of Title 5, Government Organization and Employees, by , , .
### Amendments
1986— substituted “Deputy Secretary” for “Under Secretary” in three places.
## Statutory Notes and Related Subsidiaries
### References in Other Laws
> “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 [
>
> ] shall be deemed to refer and apply to the Deputy Secretary of Labor.”
, , , provided that:
### Present Incumbent
> “The incumbent in the position of Under Secretary of Labor on the date of enactment of this Act [
>
> ] 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
>
> , Government Organization and Employees] shall apply to such incumbent.”
, , , provided that:
## Executive Documents
### 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, §§ 1, 2, 15 F.R. 3174, , set out in the Appendix to Title 5, Government 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, , 66 F.R. 66268, listed in a table under , Government Organization and Employees.