§ 204.
(a)
Creation of Wage and Hour Division in Department of Labor; Administrator
There is created in the Department of Labor a Wage and Hour Division which shall be under the direction of an Administrator, to be known as the Administrator of the Wage and Hour Division (in this chapter referred to as the “Administrator”). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
(b)
Appointment, selection, classification, and promotion of employees by Administrator
The Administrator may, subject to the civil-service laws, appoint such employees as he deems necessary to carry out his functions and duties under this chapter and shall fix their compensation in accordance with chapter 51 and subchapter III of chapter 53 of title 5. The Administrator may establish and utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may appear for and represent the Administrator in any litigation, but all such litigation shall be subject to the direction and control of the Attorney General. In the appointment, selection, classification, and promotion of officers and employees of the Administrator, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency.
(e)
Study of effects of foreign production on unemployment; report to President and Congress
Whenever the Secretary has reason to believe that in any industry under this chapter the competition of foreign producers in United States markets or in markets abroad, or both, has resulted, or is likely to result, in increased unemployment in the United States, he shall undertake an investigation to gain full information with respect to the matter. If he determines such increased unemployment has in fact resulted, or is in fact likely to result, from such competition, he shall make a full and complete report of his findings and determinations to the President and to the Congress: Provided, That he may also include in such report information on the increased employment resulting from additional exports in any industry under this chapter as he may determine to be pertinent to such report.
([June 25, 1938, ch. 676, § 4], [52 Stat. 1061]; [Oct. 26, 1949, ch. 736, § 4], [63 Stat. 911]; [Oct. 28, 1949, ch. 782], title XI, § 1106(a), [63 Stat. 972]; [Aug. 12, 1955, ch. 867, § 2], [69 Stat. 711]; [Pub. L. 87–30, § 3], May 5, 1961, [75 Stat. 66]; [Pub. L. 93–259], §§ 6(b), 24(c), 27, Apr. 8, 1974, [88 Stat. 60], 72, 73; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, [92 Stat. 3783]; [Pub. L. 104–66, title I, § 1102(a)], Dec. 21, 1995, [109 Stat. 722]; [Pub. L. 109–435, title VI, § 604(f)], Dec. 20, 2006, [120 Stat. 3242].)