§ 101. —  Executive departments.


[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 5USC101]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                         CHAPTER 1--ORGANIZATION
 
Sec. 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, 
Sec. 10(b), Oct. 15, 1966, 80 Stat. 948; Pub. L. 91-375, Sec. 6(c)(1), 
Aug. 12, 1970, 84 Stat. 775; Pub. L. 95-91, title VII, Sec. 710(a), Aug. 
4, 1977, 91 Stat. 609; Pub. L. 96-88, title V, Sec. 508(b), Oct. 17, 
1979, 93 Stat. 692; Pub. L. 100-527, Sec. 13(b), Oct. 25, 1988, 102 
Stat. 2643.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 1.                   R.S. Sec.  158.
                                                   Feb. 9, 1889, ch.
                                                    122, Sec.  1 (38th
                                                    through 54th words),
                                                    25 Stat. 659.
                     ............................  Feb. 14, 1903, ch.
                                                    552, Sec.  1 (83d
                                                    through 99th words),
                                                    32 Stat. 825.
                     ............................  Mar. 4, 1913, ch.
                                                    141, Sec.  1 (75th
                                                    through 91st words),
                                                    37 Stat. 736.
                     ............................  Aug. 10, 1949, ch.
                                                    412, Sec.  4 ``Sec.
                                                    201(c)'', 63 Stat.
                                                    579.
                     ............................  July 31, 1956, ch.
                                                    802, Sec.  1(a), 70
                                                    Stat. 732.
                     5 U.S.C. 2.                   R.S. Sec.  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, Sec. 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 Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 
1967, 32 F.R. 5453.


                      Short Title of 2002 Amendment

    Pub. L. 107-296, title XIII, Sec. 1301, Nov. 25, 2002, 116 Stat. 
2287, provided that: ``This title [enacting chapter 14 of this title, 
subchapter II of chapter 35 of this title, and section 3319 of this 
title, amending sections 1103, 3111, 3304, 3393, 3592 to 3594, 4107, 
5307, 7701, 7905, 8336, 8339, 8414, and 8421 of this title, sections 
1115 and 1116 of Title 31, Money and Finance, and section 1902 of Title 
50, War and National Defense, repealing section 3393a of this title, 
enacting provisions set out as notes under sections 1103, 1401, 3301, 
3521, 3592, 3593, and 8336 of this title, and repealing provisions set 
out as notes under sections 8336 and 8414 of this title] may be cited as 
the `Chief Human Capital Officers Act of 2002'.''


                      Short Title of 2001 Amendment

    Pub. L. 107-27, Sec. 1, Aug. 20, 2001, 115 Stat. 207, provided that: 
``This Act [amending sections 8335 and 8425 of this title] may be cited 
as the `Federal Firefighters Retirement Age Fairness Act'.''


  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, which provided that the amendment 
made to this section by section 10(b) of Pub. L. 89-670 was not to be 
construed to make applicable to the Department any provision of law 
inconsistent with Pub. L. 89-670, was repealed by Pub. L. 104-287, 
Sec. 7(5), Oct. 11, 1996, 110 Stat. 3400.

                  Section Referred to in Other Sections

    This section is referred to in title 4 section 7; title 18 sections 
115, 351, 1030, 6001; title 28 section 451; title 31 sections 1343, 
1344; title 41 sections 403, 601; title 42 sections 8262c, 10156, 10222.






























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