# § 2651. Establishment of Department
There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.
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**Source Credit**: (R.S. § 199.)
## Editorial Notes
### Codification
R.S. § 199 derived from acts , ; , .
Section was formerly classified to prior to the general revision and enactment of Title 5, Government Organization and Employees, by , , .
## Statutory Notes and Related Subsidiaries
### Effective Date of 1987 Amendment
> “Except as otherwise provided in this Act [see Short Title of 1987 Amendment note below], this Act shall take effect on the date of its enactment [
>
> ].”
, , , provided that:
### Short Title of 2022 Amendment
> “This Act [amending
>
> ] may be cited as the ‘War Crimes Rewards Expansion Act’.”
, , , provided that:
### Short Title of 2021 Amendment
> “This title [enacting sections 2732a and 2732b of this title, amending
>
> , and enacting provisions set out as notes under sections 1475g and 2732a of this title] may be cited as the ‘Public Diplomacy Modernization Act of 2021’.”
, , , provided that:
> “This Act [amending
>
> and
>
> , War and National Defense, and enacting provisions set out as notes under
>
> and
>
> ] may be cited as the ‘Helping American Victims Afflicted by Neurological Attacks Act of 2021’ or the ‘HAVANA Act of 2021’.”
, , , provided that:
> “This Act [amending
>
> and enacting provisions set out as a note under
>
> ] may be cited as the ‘Special Envoy to Monitor and Combat Anti-Semitism Act’.”
, , , provided that:
### Short Title of 2019 Amendment
> “This title [amending
>
> and enacting provisions set out as a note under
>
> ] may be cited as the ‘Rescuing Animals With Rewards Act of 2019’ or the ‘RAWR Act’.”
, , , provided that:
> “This Act [amending
>
> and enacting provisions set out as a note under
>
> ] may be cited as the ‘Elie Wiesel Genocide and Atrocities Prevention Act of 2018’.”
, , , provided that:
### Short Title of 2018 Amendment
> “This Act [enacting provisions set out as a note preceding
>
> and as notes under sections 2656, 3301, and 9203 of this title] may be cited as the ‘Asia Reassurance Initiative Act of 2018’.”
, , , provided that:
> “This division [amending
>
> and enacting provisions set out as a note under
>
> ] may be cited as the ‘Targeted Rewards for the Global Eradication of Human Trafficking’ or the ‘TARGET Act’.”
, , , provided that:
### Short Title of 2017 Amendment
> “This Act [amending sections 254c, 304, and 4803 of this title and provisions set out as notes under sections 287, 1465b, and 6901 of this title] may be cited as the ‘Department of State Authorities Act, Fiscal Year 2017, Improvements Act’.”
, , , provided that:
### Short Title of 2016 Amendment
> “This Act [see Tables for classification] may be cited as the ‘Department of State Authorities Act, Fiscal Year 2017’.”
, , , provided that:
### Short Title of 2013 Amendment
> “This Act [amending
>
> and enacting provisions set out as notes under
>
> ] may be cited as the ‘Department of State Rewards Program Update and Technical Corrections Act of 2012’.”
, , , provided that:
### Short Title of 2004 Amendment
> “This Act [enacting
>
> , amending sections 2151n, 2304, and 6412 of this title, and enacting provisions set out as notes under sections 2151n and 2731 of this title] may be cited as the ‘Global Anti-Semitism Review Act of 2004’.”
, , , provided that:
### Short Title of 2002 Amendment
> “This Act [see Tables for classification] may be cited as the ‘Foreign Relations Authorization Act, Fiscal Year 2003’.”
, , , provided that:
> “This division [see Tables for classification] may be cited as the ‘Department of State Authorization Act, Fiscal Year 2003’.”
, , , provided that:
### Short Title of 1999 Amendment
> “This Act [H.R. 3427, as enacted by
>
> , see Tables for classification] may be cited as the ‘Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001’.”
, , , 1501A–405, provided that:
### Short Title of 1998 Amendment
> “This subdivision [see Tables for classification] may be cited as the ‘Foreign Relations Authorization Act, Fiscal Years 1998 and 1999’.”
, subdiv. B, title XX, § 2001, , , provided that:
### Short Title of 1994 Amendment
> “This Act [see Tables for classification] may be cited as the ‘Foreign Relations Authorization Act, Fiscal Years 1994 and 1995’.”
, , , provided that:
### Short Title of 1991 Amendment
> “This Act [enacting sections 269, 276c–4, 276
>
> , 276m, 296a, 1475g, 1475h, 2075, 2652b, 2656g, 2656h, 2679b, 2680–1, 2686a, 2720, 2721, 2722, 2723, 2798, 4012a, 4351 to 4357, and 5601 to 5606 of this title and
>
> , War and National Defense, amending sections 277d–3, 290f, 294, 301, 1465ee, 1471, 1474, 1477c, 1928e, 2669, 2670, 2695, 2696, 2703, 2706, 2717, 2718, 2780, 2797b, 2797c, 2877, 2905, 3005, 3942, 3961, 3968, 4010, 4053, 4081, 4115, 4131, 4134, 4136, 4137, 4139, 4140, 4413, and 4852 of this title, sections 202 and 208 of Title 3, The President, sections 5315, 5523, 5551, 5922, 5923, and 5924 of Title 5, Government Organization and Employees,
>
> , Customs Duties, and
>
> , repealing
>
> and former sections 269 and 2075 of this title, enacting provisions set out as notes under this section, sections 287e, 290f, 1475g, 2452, 2778, 4001, 4115, 4351, 4354, 4356, and 5601 of this title, sections 202 and 208 of Title 3, sections 5315, 5551, and 5561 of Title 5, and
>
> , Aliens and Nationality, amending provisions set out as notes under sections 287e, 2680, and 4021 of this title and
>
> , and repealing provisions set out as notes under this section and sections 287e, 1461, 2656, and 4010 of this title] may be cited as the ‘Foreign Relations Authorization Act, Fiscal Years 1992 and 1993’.”
, , , provided that:
### Short Title of 1990 Amendment
> “This Act [enacting sections 1464a, 1464b, 1465aa to 1465ff, 1475f, 2414a, 2461, 2665a, 2678, 2715 to 2719, 2877a, 4027, 4141, 4141a to 4141c, 4863, and 4864 of this title, amending sections 277a, 277b, 277d–12, 290f, 300, 1461, 1465c, 1469, 1474, 1475e, 2456, 2460, 2606, 2656f, 2669, 2684, 2696, 2698, 2703, 2708, 2709, 2871, 2877, 3905, 3968, 4002, 4010, 4056, 4057, 4069a to 4069c, 4081, 4303, 4304, 4403, 4801, 4802, and 4852 of this title, sections 8345 and 9101 of Title 5, Government Organization and Employees, and section 1101 and 1182 of Title 8, Aliens and Nationality, repealing
>
> , enacting provisions set out as notes under this section, sections 287e, 1461, 1463, 1465aa, 1465c, 1469, 2151, 2456, 2460, 2656, 2715, 3941, 3968, 4001, 4140, 4171, 4301, and 4852 of this title, sections 5921 and 5928 of Title 5, and
>
> , amending provisions set out as notes under this section and sections 287, 2151, and 4851 of this title and
>
> , and repealing provisions set out as notes under sections 2414a and 2656 of this title] may be cited as the ‘Foreign Relations Authorization Act, Fiscal Years 1990 and 1991’.”
, , , provided that:
### Short Title of 1987 Amendment
> “This Act [enacting sections 288f–3, 1464, 2656f, 2664a, 2713, 4069a to 4069c, 4315, 4316, 4341 to 4343, and 5201 to 5203 of this title, amending sections 288h, 290j–1, 1469, 1471, 1475e, 1477c, 1627, 1928a, 1928b, 2151n, 2291, 2304, 2460, 2661, 2670, 2697, 2706, 2707, 2778, 2877, 3905, 3922a, 3927, 3941, 3942, 3946, 3949, 3961, 3965, 4001, 4010, 4023, 4137, 4173, 4302, 4303, 4305, 4403, 4412, 4413, 4831, 4834, 4851, 4861, and 4904 of this title, sections 5313, 5315, and 8332 of Title 5, Government Organization and Employees,
>
> , Aliens and Nationality, sections 2492 and 2605 of Title 19, Customs Duties, and
>
> , Judiciary and Judicial Procedure, enacting provisions set out as notes under this section, sections 287, 287e, 1461, 1463, 1471, 2601, 2656, 2680, 2697, 2707, 3922a, 3941 to 3943, 3946, 3965, 4041, 4301, 4315, 4316, 4341, 4802, 4851, and 5201 of this title,
>
> , General Provisions,
>
> , sections 1182, 1201, and 1255a of Title 8,
>
> , Commerce and Trade,
>
> , Crimes and Criminal Procedure,
>
> , and
>
> , and amending provisions set out as notes under this section and sections 287, 287b, 287e, and 4021 of this title] may be cited as the ‘Foreign Relations Authorization Act, Fiscal Years 1988 and 1989’.”
, , , provided that:
### Short Title of 1985 Amendment
> “This Act [enacting sections 1461–1a, 2592, 2606, 2709, 2710, 2883, 3922a, 3929a, 4309a, 4314, 4414, 4415, and 4701 to 4715 of this title, amending sections 290j–1, 1477c, 2357, 2589, 2601, 2605, 2652, 2669, 2685, 2704, 2871, 2875, 2877, 3930, 3945, 4084, 4301, 4302, 4304, 4305, 4403, and 4413 of this title,
>
> , The President, sections 5314, 5315, and 5316 of Title 5, Government Organization and Employees, sections 2 and 11 of the Appendix to Title 5, and sections 1622 and 4336 of Title 50, War and National Defense, repealing sections 2666 and 2667 of this title, enacting provisions set out as notes under sections 287e, 1477c, 1928, 2291, 2605, 2656, 2669, 2697, 2875, 2877, 3943, 3945, 4021, and 4314 of this title,
>
> , Aliens and Nationality,
>
> , Crimes and Criminal Procedure,
>
> , Telecommunications, and
>
> , amending provisions set out as notes under this section and sections 287 and 287e of this title, and repealing provisions set out as a note under
>
> ] may be cited as the ‘Foreign Relations Authorization Act, Fiscal Years 1986 and 1987’.”
, , , provided that:
### Short Title of 1976 Amendment
> “That this Act [enacting sections 817, 1065, 1076a, 1463, 1475a, 1928e, 2458a, 2661a, 2689, and 2690 of this title, amending sections 276e, 276i, 295, 889, 915, 1001, 1002, 1004, 1007, 1063, 1064, 1071, 1076, 1081, 1082, 1084, 1086, 1091, 1105, 1111, 1116, 1121, 1229, 1474, 1754, 2872, 2873, 2877, 2902, 2905, and 2906 of this title, repealing sections 1083, 1092, and 1094 of this title, and enacting provisions set out as notes under sections 801, 915, 1001, 1063, 1064, 1076, 1076a, 1086, 1091, 1121, 1229, and 2871 of this title] may be cited as the ‘Foreign Relations Authorization Act, Fiscal Year 1977’.”
, , , provided:
### Short Title of 1975 Amendment
> “That this Act [enacting sections 276a–1, 1037 to 1037c, 2576, 2687, and 2688 of this title, amending sections 276, 276c, 295, 966, 991, 995, 1934, 2321d, 2551, 2562, 2585, 2589, 2590, 2601, 2666, 2679a, and 2791 of this title and
>
> , Government Organization and Employees, enacting provisions set out as notes under sections 1037a and 2679a of this title, amending provision set out as a note under section 287e, and repealing provision set out as a note under
>
> ] may be cited as the ‘Foreign Relations Authorization Act, Fiscal Year 1976’.”
, , , provided:
### Short Title of 1974 Amendment
> “That this Act [enacting sections 966, 2679a, 2680a, and 2686 of this title, amending sections 901a, 1439, 1476, and 2680 of this title and
>
> , Government Organization and Employees, and enacting provisions set out as notes under sections 901a, 966, and 2151 of this title] may be cited as the ‘State Department/USIA Authorization Act, Fiscal Year 1975’.”
, , , provided:
### Short Title of 1973 Amendment
> “That this Act [enacting sections 287e–1, 901a, 2655a, and 2685 of this title and amending sections 276, 277d–28, 277d–29, 277d–31, 993, 1754, and 2823 of this title,
>
> , The Congress,
>
> , Government Organization and Employees, and provisions set out as a note under
>
> ] may be cited as the ‘Department of State Appropriations Authorization Act of 1973’.”
, , , provided:
### Short Title of 1972 Amendment
> “That this Act [enacting sections 1474, 1475, 2291a, and 2821 to 2826 of this title and
>
> , The Congress, amending sections 901, 1461, 1476, 2291, 2501a, 2502, 2589, 2652, 2653, and 2680 of this title, sections 5313, 5314, 5315, and 8331 of Title 5, Government Organization and Employees, and section 241 of former Title 31, Money and Finance, repealing
>
> , and enacting provisions set out as notes under sections 2511, 2571, and 2652 of this title,
>
> , and section 241 of former Title 31] may be cited as the ‘Foreign Relations Authorization Act of 1972’.”
, , , provided:
### Short Title
> “That this Act [enacting sections 2662, 2669 to 2672, 2673 to 2680a, 2684, 2687 to 2692, 2695 to 2723, 4301 to 4316, 4341 to 4343, and 4351 to 4357 of this title] may be cited as the ‘State Department Basic Authorities Act of 1956’.”
(first sentence), as added by , , , provided:
, formerly § 33, as added , , , and renumbered § 34 and redesignated title I, , , title II, § 202(a), , 282; renumbered § 35 and § 36, , , §§ 123, 124, ; renumbered § 37, , , ; renumbered § 38 and § 39, , , §§ 125(a), 128, , 419; renumbered § 40 and § 41, , , §§ 504(1), 506(1), ; renumbered § 42, , , ; renumbered § 43, , , ; renumbered § 44, § 45, § 46, § 47, and § 48, , , §§ 115(c)(1), 117(1), 118(1), 119(1), 150(1), , 25, 26, 42, which provided that , was to be cited as the “State Department Basic Authorities Act of 1956”, was repealed by , , .
### References to Diplomatic and Consular Programs Account
> “References to the ‘Diplomatic and Consular Programs’ account in any provision of law shall in this fiscal year, and each fiscal year thereafter, be construed to include the ‘Diplomatic Programs’ account.”
, par. (7), , , provided that:
### Compliance With Congressional Budget Act
> **“(a)** **Limitation on Spending Authority.—** Any new spending authority (within the meaning of section 401 of the Congressional Budget Act of 1974 [2 U.S.C. 651]) which is provided under this Act [see Short Title of 1990 Amendment note above] shall be effective for any fiscal year only to the extent or in such amounts as are provided in advance in appropriation Acts.
>
> **“(b)** **Limitation on Contract Authority.—** Any authority provided by this Act to enter into contracts shall be effective only—
>
> **“(1)** to the extent that the budget authority for the obligation to make outlays, which is created by the contract, has been provided in advance by an appropriation Act; or
>
> **“(2)** to the extent or in such amounts as are provided in advance in appropriation Acts.”
, , , provided that:
### Challenges to Appointment and Continuance in Office of Secretary of State First Appointed After May 3, 1980; Constitutional Provisions Governing Compensation and Emoluments
> **“(a)** Any person aggrieved by an action of the Secretary of State may bring a civil action in an appropriate United States district court to contest the constitutionality of the appointment and continuance in office of the Secretary of State on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office.
>
> **“(b)** Any action brought under this section shall be heard and determined by a panel of three judges in accordance with section 2284 of title 28, United States Code. Any review of the action of a court convened pursuant to such section shall be by petition of certiorari to the Supreme Court.
>
> **“(c)** Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited.
>
> **“(d)** This section applies only with respect to the Secretary of State who is first appointed to that office after the enactment of this Act [May 3, 1980].”
, , , provided that:
### Definitions
> **“(1)** the term ‘appropriate congressional committees’ means—
>
> **“(A)** the Committee on Foreign Affairs of the House of Representatives; and
>
> **“(B)** the Committee on Foreign Relations of the Senate;
>
> **“(2)** the term ‘Department’ means the Department of State;
>
> **“(3)** the term ‘Deputy Secretary’ means the Deputy Secretary of State; and
>
> **“(4)** the term ‘Secretary’ means the Secretary of State.”
, , , provided that:
> **“(1)** **Administrator.—** The term ‘Administrator’ means the Administrator of the United States Agency for International Development.
>
> **“(2)** **Appropriate congressional committees.—** The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
>
> **“(3)** **Department.—** The term ‘Department’ means the Department of State.
>
> **“(4)** **Secretary.—** The term ‘Secretary’ means the Secretary of State.
>
> **“(5)** **USAID.—** The term ‘USAID’ means the United States Agency for International Development.”
, , , provided that:
> **“(1)** **Appropriate congressional committees.—** The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
>
> **“(2)** **Department.—** The term ‘Department’ means the Department of State.
>
> **“(3)** **Secretary.—** The term ‘Secretary’ means the Secretary of State.”
, , , provided that:
> **“(1)** **Administrator.—** The term ‘Administrator’ means the Administrator of USAID.
>
> **“(2)** **Appropriate congressional committees.—** The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
>
> **“(3)** **Department.—** Unless otherwise specified, the term ‘Department’ means the Department of State.
>
> **“(4)** **Secretary.—** Unless otherwise specified, the term ‘Secretary’ means the Secretary of State.
>
> **“(5)** **USAID.—** The term ‘USAID’ means the United States Agency for International Development.”
, , , provided that:
> **“(1)** **Appropriate congressional committees.—** The term ‘appropriate congressional committees’ means—
>
> **“(A)** the Committee on Foreign Relations of the Senate; and
>
> **“(B)** the Committee on Foreign Affairs of the House of Representatives.
>
> **“(2)** **Department.—** Unless otherwise specified, the term ‘Department’ means the Department of State.
>
> **“(3)** **Foreign service.—** The term ‘Foreign Service’ has the meaning given such term in section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902).
>
> **“(4)** **Inspector general.—** Unless otherwise specified, the term ‘Inspector General’ means the Office of Inspector General of the Department of State and the Broadcasting Board of Governors [now United States Agency for Global Media].
>
> **“(5)** **Peacekeeping credits.—** The term ‘peacekeeping credits’ means the amounts by which United States assessed peacekeeping contributions exceed actual expenditures, apportioned to the United States, of peacekeeping operations by the United Nations during a United Nations peacekeeping fiscal year.
>
> **“(6)** **Secretary.—** Unless otherwise specified, the term ‘Secretary’ means the Secretary of State.”
, , , provided that:
> **“(1)** **Appropriate congressional committees.—** The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives.
>
> **“(2)** **Department.—** The term ‘Department’ means the Department of State.
>
> **“(3)** **Secretary.—** Except as otherwise provided, the term ‘Secretary’ means the Secretary of State.”
, , , provided that:
> **“(1)** **Appropriate congressional committees.—** Except as otherwise provided in section 902(1) [113 Stat. 1501A–475], the term ‘appropriate congressional committees’ means the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate.
>
> **“(2)** **Secretary.—** The term ‘Secretary’ means the Secretary of State.”
, , , 1501A–409, provided that:
## Executive Documents
### Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to Secretary of State, see Parts 1, 2, and 13 of Ex. Ord. No. 12656, , 53 F.R. 47491, set out as a note under , The Public Health and Welfare.
### Order of Succession
For order of succession during any period when both Secretary and Deputy Secretary of State are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13251, , 67 F.R. 1599, listed in a table under , Government Organization and Employees.