§ 101. Executive departments
§ 101. Executive departments
The Executive departments are:
- The Department of State.
- The Department of the Treasury.
- The Department of Defense.
- The Department of Justice.
- The Department of the Interior.
- The Department of Agriculture.
- The Department of Commerce.
- The Department of Labor.
- The Department of Health and Human Services.
- The Department of Housing and Urban Development.
- The Department of Transportation.
- The Department of Energy.
- The Department of Education.
- The Department of Veterans Affairs.
- The Department of Homeland Security.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378; Pub. L. 89–670, § 10(b), Oct. 15, 1966, 80 Stat. 948; Pub. L. 91–375, § 6(c)(1), Aug. 12, 1970, 84 Stat. 775; Pub. L. 95–91, title VII, § 710(a), Aug. 4, 1977, 91 Stat. 609; Pub. L. 96–88, title V, § 508(b), Oct. 17, 1979, 93 Stat. 692; Pub. L. 100–527, § 13(b), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 109–241, title IX, § 902(a)(1), July 11, 2006, 120 Stat. 566.)
The reference in former section 1 to the application of the provisions of this title, referring to title IV of the Revised Statutes, is omitted as unnecessary as the application of those provisions is stated in the text.
The statement in former section 2 that the use of the word “department” means one of the Executive departments named in former section 1 is omitted as unnecessary as the words “Executive department” are used in this title when Executive department is meant.
“The Department of Commerce” is substituted for “The Department of Commerce and Labor” on authority of the act of March 4, 1913, ch. 141, § 1, 37 Stat. 736.
| Historical and Revision Notes | ||
|---|---|---|
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| 5 U.S.C. 1. | R.S. § 158.Feb. 9, 1889, ch. 122, § 1 (38th through 54th words), 25 Stat. 659. | |
| Feb. 14, 1903, ch. 552, § 1 (83d through 99th words), 32 Stat. 825. | ||
| Mar. 4, 1913, ch. 141, § 1 (75th through 91st words), 37 Stat. 736. | ||
| Aug. 10, 1949, ch. 412, § 4 “Sec. 201(c)”, 63 Stat. 579. | ||
| July 31, 1956, ch. 802, § 1(a), 70 Stat. 732. | ||
| 5 U.S.C. 2. | R.S. § 159. |
Editorial Notes
Amendments
2006—Pub. L. 109–241 inserted “The Department of Homeland Security.”
1988—Pub. L. 100–527 inserted “The Department of Veterans Affairs.”
1979—Pub. L. 96–88 substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare” and inserted “The Department of Education.”
1977—Pub. L. 95–91 inserted “The Department of Energy.”
1970—Pub. L. 91–375 struck out “The Post Office Department.”
1966—Pub. L. 89–670 inserted “The Department of Housing and Urban Development.” and “The Department of Transportation.”
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96–88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of Title 20, Education.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–670 effective Apr. 1, 1967, as prescribed by the President and published in the Federal Register, see section 16(a), formerly § 15(a), of Pub. L. 89–670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453.
Short Title of 2025 Amendment
Pub. L. 118–231, § 1, Jan. 4, 2025, 138 Stat. 2829, provided that: “This Act [enacting subchapter III of chapter 3 of this title] may be cited as the ‘Government Service Delivery Improvement Act’.”
Short Title of 2024 Amendment
Pub. L. 118–192, § 1, Dec. 23, 2024, 138 Stat. 2660, provided that: “This Act [amending section 8332 of this title and section 719 of Title 38, Veterans’ Benefits] may be cited as the ‘No Congressionally Obligated Recurring Revenue Used as Pensions To Incarcerated Officials Now Act’ or the ‘No CORRUPTION Act’.”
Pub. L. 118–188, § 1, Dec. 23, 2024, 138 Stat. 2644, provided that: “This Act [amending sections 3302, 3304, 3330a, and 9810 of this title, sections 3008 and 6918 of Title 22, Foreign Relations and Intercourse, and section 17013 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 3304 of this title] may be cited as the ‘Chance to Compete Act of 2024’.”
Pub. L. 118–104, § 1, Oct. 2, 2024, 138 Stat. 1586, provided that: “This Act [amending section 552a of this title] may be cited as the ‘Congressional Budget Office Data Access Act’.”
Pub. L. 118–97, § 1, Oct. 1, 2024, 138 Stat. 1573, provided that: “This Act [amending section 801 of this title and enacting provisions set out as a note under section 801 of this title] may be cited as the ‘GAO Database Modernization Act of 2023’.”
Pub. L. 118–71, § 1, July 25, 2024, 138 Stat. 1492, provided that: “This Act [amending section 413 of this title and enacting provisions set out as notes under section 413 of this title and section 4041 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Federal Prison Oversight Act’.”
Pub. L. 118–38, § 1, Feb. 6, 2024, 138 Stat. 13, provided that: “This Act [enacting and amending provisions set out as notes under section 5547 of this title] may be cited as the ‘Overtime Pay for Protective Services Act of 2023’.”
Short Title of 2023 Amendment
Pub. L. 118–9, § 1, July 25, 2023, 137 Stat. 55, provided that: “This Act [amending section 553 of this title] may be cited as the ‘Providing Accountability Through Transparency Act of 2023’.”
Short Title of 2022 Amendment
Pub. L. 117–328, div. Y, § 101, Dec. 29, 2022, 136 Stat. 5523, provided that: “This division [amending section 8421a of this title] may be cited as the ‘Continuity for Operators with Necessary Training Required for ATC Contract Towers Act of 2022’ or the ‘CONTRACT Act of 2022’.”
Pub. L. 117–263, div. E, title LIII, § 5321, Dec. 23, 2022, 136 Stat. 3255, provided that: “This subtitle [subtitle B (§§ 5321, 5322) of title LIII of div. E of Pub. L. 117–263, enacting section 3330f of this title and provisions set out as a note under section 3330f of this title] may be cited as the ‘Periodically Listing Updates to Management Act of 2022’ or the ‘PLUM Act of 2022’.”
Pub. L. 117–225, § 1, Dec. 9, 2022, 136 Stat. 2293, provided that: “This Act [amending sections 8336, 8412, 8414, 8415, 8421, 8421a, 8425, and 8462 of this title, sections 4045, 4046, and 4052 of Title 22, Foreign Relations and Intercourse, and section 2152 of Title 50, War and National Defense, and enacting provisions set out as notes under section 8336 of this title] may be cited as the ‘First Responder Fair Return for Employees on Their Initial Retirement Earned Act’ or the ‘First Responder Fair RETIRE Act’.”
Pub. L. 117–108, title I, § 102(a), Apr. 6, 2022, 136 Stat. 1138, provided that: “This section [enacting section 2903 of Title 39, Postal Service, amending section 8909a of this title, and enacting provisions set out as a note under section 8909a of this title] may be cited as the ‘USPS Fairness Act’.”
Short Title of 2021 Amendment
Pub. L. 117–81, div. F, title LXII, § 6201, Dec. 27, 2021, 135 Stat. 2389, provided that: “This title [enacting section 4087 of Title 22, Foreign Relations and Intercourse, amending section 6502 of this title, section 1015d of Title 20, Education, and sections 3951 and 4026 of Title 22, and enacting provisions set out as notes under section 6502 of this title and section 1015d of Title 20] may be cited as the ‘Foreign Service Families Act of 2021’.”
Pub. L. 117–17, § 1, June 17, 2021, 135 Stat. 287, provided that: “This Act [amending section 6103 of this title] may be cited as the ‘Juneteenth National Independence Day Act’.”
Pub. L. 116–283, div. A, title XI, § 1131, Jan. 1, 2021, 134 Stat. 3900, provided that: “This subtitle [subtitle B (§§ 1131–1138) of title XI of div. A of Pub. L. 116–283, amending section 2302 of this title and enacting and amending provisions set out as notes under section 2301 of this title] may be cited as the ‘Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020’.”
Short Title of 2020 Amendment
Pub. L. 116–269, § 1, Dec. 30, 2020, 134 Stat. 3323, provided that: “This Act [amending provisions set out as a note under section 5547 of this title] may be cited as the ‘Secret Service Overtime Pay Extension Act’.”
Pub. L. 116–126, § 1, Mar. 18, 2020, 134 Stat. 174, provided that: “This Act [enacting sections 8345a and 8466a of this title, amending sections 8331, 8345, 8348, 8401, and 8466 of this title, and enacting provisions set out as notes under section 8331 of this title] may be cited as the ‘Representative Payee Fraud Prevention Act of 2019’.”
Short Title of 2019 Amendment
Pub. L. 116–92, div. A, title XI, § 1121, Dec. 20, 2019, 133 Stat. 1605, provided that: “This subtitle [subtitle B (§§ 1121–1124) of title XI of Pub. L. 116–92, enacting chapter 92 of this title, section 1316b of Title 2, The Congress, section 2339 of Title 10, Armed Forces, and section 4714 of Title 41, Public Contracts, amending sections 1302 and 1317 of Title 2, section 62 of Title 26, Internal Revenue Code, and section 604 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 9201 and 9202 of this title, section 2339 of Title 10, section 10132 of Title 34, Crime Control and Law Enforcement, and section 4714 of Title 41] may be cited as the ‘Fair Chance to Compete for Jobs Act of 2019’ or the ‘Fair Chance Act’.”
Pub. L. 116–92, div. F, title LXXVI, § 7601, Dec. 20, 2019, 133 Stat. 2304, provided that: “This subtitle [subtitle A (§§ 7601–7606) of title LXXVI of Pub. L. 116–92, amending section 6382 of this title, section 1312 of Title 2, The Congress, and sections 2611 and 2612 of Title 29, Labor, enacting provisions set out as notes under section 6382 of this title, section 1312 of Title 2, and sections 2611 and 2612 of Title 29, and amending provisions set out as a note under section 44935 of Title 49, Transportation] may be cited as the ‘Federal Employee Paid Leave Act’.”
Pub. L. 116–50, § 1, Aug. 22, 2019, 133 Stat. 1073, provided that: “This Act [enacting provisions set out as a note under section 552a of this title] may be cited as the ‘Creating Advanced Streamlined Electronic Services for Constituents Act of 2019’ or the ‘CASES Act’.”
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