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.
(R.S. § 199.)
Editorial Notes
Codification
July 27, 1789, ch. 4, § 1 1 Stat. 28 Sept. 15, 1789, ch. 14, § 1 1 Stat. 68 R.S. § 199 derived from acts , ; , .
section 151 of Title 5Pub. L. 89–554, § 180 Stat. 378 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
Pub. L. 100–204, title XIII, § 1301101 Stat. 1432
“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
Pub. L. 117–273, § 1136 Stat. 4182
section 2708 of this title“This Act [amending ] may be cited as the ‘War Crimes Rewards Expansion Act’.”
, , , provided that:
Short Title of 2021 Amendment
Pub. L. 117–81, div. E, title LVI, § 5601135 Stat. 2377
section 6553 of this title“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:
Pub. L. 117–46, § 1135 Stat. 391
section 2680b of this titlesection 3519b of Title 50section 2680b of this titlesection 3519b of Title 50“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:
Pub. L. 116–326, § 1134 Stat. 5095
section 2731 of this titlesection 2731 of this title“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
Pub. L. 116–94, div. J, title VI, § 601133 Stat. 3069
section 2708 of this titlesection 2708 of this title“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:
Pub. L. 115–441, § 1132 Stat. 5586
section 4028 of this titlesection 2656 of this title“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
Pub. L. 115–409, § 1(a)132 Stat. 5387
section 1971 of this title“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:
Pub. L. 115–141, div. R, § 1132 Stat. 1123
section 2708 of this titlesection 2708 of this title“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
Pub. L. 115–94, § 1131 Stat. 2038
“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
Pub. L. 114–323, § 1(a)130 Stat. 1905
“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
Pub. L. 112–283, § 1126 Stat. 2492
section 2708 of this titlesection 2708 of this title“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
Pub. L. 108–332, § 1118 Stat. 1282
section 2731 of this title“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
Pub. L. 107–228, § 1116 Stat. 1350
“This Act [see Tables for classification] may be cited as the ‘Foreign Relations Authorization Act, Fiscal Year 2003’.”
, , , provided that:
Pub. L. 107–228, div. A, § 101116 Stat. 1355
“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
Pub. L. 106–113, div. B, § 1000(a)(7) [§ 1]113 Stat. 1536
section 1000(a)(7) of Pub. L. 106–113“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
Pub. L. 105–277, div. G112 Stat. 2681–801
“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
Pub. L. 103–236, § 1108 Stat. 382
“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
Pub. L. 102–138, § 1105 Stat. 647
lsection 4613 of Title 50section 2051 of Title 19section 4605 of Title 50section 4509 of this titlesection 1182 of Title 8section 5561 of Title 5“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
Pub. L. 101–246, § 1(a)104 Stat. 15
section 4192 of this titlesection 1102 of Title 8section 1182 of Title 8“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
Pub. L. 100–204, § 1(a)101 Stat. 1331
section 1182 of Title 8section 1364 of Title 28section 112b of Title 1section 5313 of Title 5section 2901 of Title 15section 3181 of Title 18section 2605 of Title 19section 1364 of Title 28“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
Pub. L. 99–93, § 1(a)99 Stat. 405
section 208 of Title 3section 1182 of Title 8section 3181 of Title 18section 701 of Title 47section 1701 of Title 50section 3901 of this title“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
Pub. L. 94–350, § 190 Stat. 823
“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
Pub. L. 94–141, § 189 Stat. 756
section 5924 of Title 5section 966 of this title“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
Pub. L. 93–475, § 188 Stat. 1439
section 5924 of Title 5“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
Pub. L. 93–126, § 187 Stat. 451
section 194a of Title 2section 5924 of Title 5section 214 of this title“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
Pub. L. 92–352, § 186 Stat. 489
section 194a of Title 2section 2511 of this titlesection 8331 of Title 5“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
Act Aug. 1, 1956, ch. 841 Pub. L. 102–138, title I, § 111(2)105 Stat. 654
“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:
Act Aug. 1, 1956, ch. 841, title I, § 48 Pub. L. 96–465, title II, § 2201(a)94 Stat. 2157 Pub. L. 97–241, title I, § 11796 Stat. 279 Pub. L. 98–164, title I97 Stat. 1025 Pub. L. 98–533, title I, § 10298 Stat. 2708 Pub. L. 99–93, title I99 Stat. 415 Pub. L. 99–399, title V100 Stat. 871 Pub. L. 100–204, title I, § 126(a)(1)101 Stat. 1341 Pub. L. 100–690, title IV, § 4603(1)102 Stat. 4287 Pub. L. 101–246, title I104 Stat. 23 act Aug. 1, 1956, ch. 841 Pub. L. 102–138, title I, § 111(1)105 Stat. 654 , 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
Pub. L. 116–94, div. G, title I133 Stat. 2817
“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
Pub. L. 101–246, title XI, § 1101104 Stat. 90
Limitation on Spending Authority .—
2 U.S.C. 651Any new spending authority (within the meaning of section 401 of the Congressional Budget Act of 1974 []) 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.
Limitation on Contract Authority .—
Any authority provided by this Act to enter into contracts shall be effective only—
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
to the extent or in such amounts as are provided in advance in appropriation Acts.”
Challenges to Appointment and Continuance in Office of Secretary of State First Appointed After ; Constitutional Provisions Governing Compensation and Emoluments
Pub. L. 96–241, § 294 Stat. 343
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.
section 2284 of title 28 Any action brought under this section shall be heard and determined by a panel of three judges in accordance with , 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.
Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited.
This section applies only with respect to the Secretary of State who is first appointed to that office after the enactment of this Act [].”
Definitions
Pub. L. 119–60, div. E, § 5002139 Stat. 1562
“Except as otherwise provided, in this division [see Tables for classification]—“(1)“(A) “(B)
“(2) “(3) “(4)
, , , provided that:
the term ‘appropriate congressional committees’ means—
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Foreign Relations of the Senate;
the term ‘Department’ means the Department of State;
the term ‘Deputy Secretary’ means the Deputy Secretary of State; and
the term ‘Secretary’ means the Secretary of State.”
Pub. L. 118–159, div. G, § 7002138 Stat. 2521
“In this division [see Tables for classification]:“(1) “(2) “(3) “(4) “(5)
, , , provided that:
Administrator .—
The term ‘Administrator’ means the Administrator of the United States Agency for International Development.
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.
Department .—
The term ‘Department’ means the Department of State.
Secretary .—
The term ‘Secretary’ means the Secretary of State.
USAID .—
The term ‘USAID’ means the United States Agency for International Development.”
Pub. L. 118–31, div. F, § 6002137 Stat. 964
“In this division [see Tables for classification]:“(1) “(2) “(3)
, , , provided that:
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.
Department .—
The term ‘Department’ means the Department of State.
Secretary .—
The term ‘Secretary’ means the Secretary of State.”
Pub. L. 117–263, div. I, § 9002136 Stat. 3857
“In this division [see Tables for classification]:“(1) “(2) “(3) “(4) “(5)
, , , provided that:
Administrator .—
The term ‘Administrator’ means the Administrator of USAID.
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.
Department .—
Unless otherwise specified, the term ‘Department’ means the Department of State.
Secretary .—
Unless otherwise specified, the term ‘Secretary’ means the Secretary of State.
USAID .—
The term ‘USAID’ means the United States Agency for International Development.”
Pub. L. 114–323, § 2130 Stat. 1907
“In this Act [see Tables for classification]:“(1)“(A) “(B)
“(2) “(3) “(4) “(5) “(6)
, , , provided that:
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.
Department .—
Unless otherwise specified, the term ‘Department’ means the Department of State.
Foreign service .—
22 U.S.C. 3902The term ‘Foreign Service’ has the meaning given such term in section 102 of the Foreign Service Act of 1980 ().
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].
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.
Secretary .—
Unless otherwise specified, the term ‘Secretary’ means the Secretary of State.”
Pub. L. 107–228, § 3116 Stat. 1355
“In this Act [see Tables for classification]:“(1) “(2) “(3)
, , , provided that:
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.
Department .—
The term ‘Department’ means the Department of State.
Secretary .—
Except as otherwise provided, the term ‘Secretary’ means the Secretary of State.”
Pub. L. 106–113, div. B, § 1000(a)(7) [§ 3]113 Stat. 1536
“In this Act [see Short Title of 1999 Amendment note set out above]:“(1) “(2)
, , , 1501A–409, provided that:
Appropriate congressional committees .—
113 Stat. 1501 Except as otherwise provided in section 902(1) [A–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.
Secretary .—
The term ‘Secretary’ means the Secretary of State.”
Executive Documents
Emergency Preparedness Functions
section 5195 of Title 42For 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
section 3345 of Title 5For 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.