§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.

( 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 .)

Historical and Revision Notes

Derivation	U.S. Code	Revised Statutes and Statutes 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.

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 .

Amendments

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."

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.

Prohibition Against Construction That Would Render Applicable to the Department of Transportation Provisions of Law Inconsistent With Pub. L. 89–670 Creating the Department of Transportation

Section 10(c) of Pub. L. 89–670 provided that: "The amendment made by subsection (b) of this section [amending this section] shall not be construed to make applicable to the Department any provision of law inconsistent with this Act [Pub. L. 89–670]."

Cross References

Attorney General to advise heads of executive departments, see section 512 of Title 28, Judiciary and Judicial Procedure.

Definition of department-

Administrative Expenses Act of 1946, see section 5a of Title 41, Public Contracts.

Crimes and Criminal Procedure, see section 6 of Title 18, Crimes and Criminal Procedure.

Departmental provisions-

Agriculture, see section 2201 et seq. of Title 7, Agriculture.

Commerce, see section 1501 et seq. of Title 15, Commerce and Trade.

Defense, see section 111 et seq. of Title 10, Armed Forces.

Education, see section 3401 et seq. of Title 20, Education.

Energy, see section 7101 et seq. of Title 42, The Public Health and Welfare.

Health and Human Services, see section 3501 et seq. of Title 42, The Public Health and Welfare.

Housing and Urban Development, see section 3531 et seq. of Title 42.

Interior, see section 1451 et seq. of Title 43, Public Lands.

Justice, see section 501 et seq. of Title 28, Judiciary and Judicial Procedure.

Labor, see section 551 et seq. of Title 29, Labor.

State, see section 2651 et seq. of Title 22, Foreign Relations and Intercourse.

Transportation, see section 101 et seq. of Title 49, Transportation.

Treasury, see section 301 et seq. of Title 31, Money and Finance. Internal revenue authority, see section 7801 of Title 26, Internal Revenue Code.

Veterans Affairs, see section 301 et seq. of Title 38, Veterans' Benefits.

Section Referred to in Other Sections

This section is referred to in title 18 sections 115, 351, 1030, 6001; title 28 section 451; title 31 sections 1343, 1344; title 36 section 175; title 41 sections 403, 601; title 42 sections 8262c, 10156, 10222.