Editorial Notes
Codification
R.S. § 199 derived from acts July 27, 1789, ch. 4, § 1, 1 Stat. 28; Sept. 15, 1789, ch. 14, § 1, 1 Stat. 68.
Section was formerly classified to section 151 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
Pub. L. 100–204, title XIII, § 1301, Dec. 22, 1987, 101 Stat. 1432, provided that:
“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 [Dec. 22, 1987].”
Short Title of 2021 Amendment
Pub. L. 117–81, div. E, title LVI, § 5601, Dec. 27, 2021, 135 Stat. 2377, provided that:
“This title [enacting sections
2732a and
2732b of this title, amending
section 6553 of this title, 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’.”
Pub. L. 117–46, § 1, Oct. 8, 2021, 135 Stat. 391, provided that:
“This Act [amending
section 2680b of this title and
section 3519b of Title 50, War and National Defense, and enacting provisions set out as notes under
section 2680b of this title and
section 3519b of Title 50] may be cited as the ‘Helping American Victims Afflicted by Neurological Attacks Act of 2021’ or the ‘HAVANA Act of 2021’.”
Pub. L. 116–326, § 1, Jan. 13, 2021, 134 Stat. 5095, provided that:
“This Act [amending
section 2731 of this title and enacting provisions set out as a note under
section 2731 of this title] may be cited as the ‘Special Envoy to Monitor and Combat Anti-Semitism Act’.”
Short Title of 2019 Amendment
Pub. L. 116–94, div. J, title VI, § 601, Dec. 20, 2019, 133 Stat. 3069, provided that:
“This title [amending
section 2708 of this title and enacting provisions set out as a note under
section 2708 of this title] may be cited as the ‘Rescuing Animals With Rewards Act of 2019’ or the ‘RAWR Act’.”
Pub. L. 115–441, § 1, Jan. 14, 2019, 132 Stat. 5586, provided that:
“This Act [amending
section 4028 of this title and enacting provisions set out as a note under
section 2656 of this title] may be cited as the ‘Elie Wiesel Genocide and Atrocities Prevention Act of 2018’.”
Short Title of 2018 Amendment
Pub. L. 115–409, § 1(a), Dec. 31, 2018, 132 Stat. 5387, provided that:
“This Act [enacting provisions set out as a note preceding
section 1971 of this title and as notes under sections 2656, 3301, and 9203 of this title] may be cited as the ‘Asia Reassurance Initiative Act of 2018’.”
Pub. L. 115–141, div. R, § 1, Mar. 23, 2018, 132 Stat. 1123, provided that:
“This division [amending
section 2708 of this title and enacting provisions set out as a note under
section 2708 of this title] may be cited as the ‘Targeted Rewards for the Global Eradication of Human Trafficking’ or the ‘TARGET Act’.”
Short Title of 2017 Amendment
Pub. L. 115–94, § 1, Dec. 18, 2017, 131 Stat. 2038, provided that:
“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’.”
Short Title of 2016 Amendment
Pub. L. 114–323, § 1(a), Dec. 16, 2016, 130 Stat. 1905, provided that:
“This Act [see Tables for classification] may be cited as the ‘Department of State Authorities Act, Fiscal Year 2017’.”
Short Title of 2002 Amendment
Pub. L. 107–228, § 1, Sept. 30, 2002, 116 Stat. 1350, provided that:
“This Act [see Tables for classification] may be cited as the ‘
Foreign Relations Authorization Act, Fiscal Year 2003’.”
Pub. L. 107–228, div. A, § 101, Sept. 30, 2002, 116 Stat. 1355, provided that:
“This division [see Tables for classification] may be cited as the ‘
Department of State Authorization Act, Fiscal Year 2003’.”
Short Title of 1999 Amendment
Pub. L. 106–113, div. B, § 1000(a)(7) [§ 1], Nov. 29, 1999, 113 Stat. 1536, 1501A–405, provided that:
“This Act [H.R. 3427, as enacted by
section 1000(a)(7) of Pub. L. 106–113, 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’.”
Short Title of 1991 Amendment
Pub. L. 102–138, § 1, Oct. 28, 1991, 105 Stat. 647, provided that:
“This Act [enacting sections 269, 276c–4, 276
l, 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
section 4613 of Title 50, 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,
section 2051 of Title 19, Customs Duties, and
section 4605 of Title 50, repealing
section 4509 of this title 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
section 1182 of Title 8, Aliens and Nationality, amending provisions set out as notes under sections 287e, 2680, and 4021 of this title and
section 5561 of Title 5, 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’.”
Short Title of 1990 Amendment
Pub. L. 101–246, § 1(a), Feb. 16, 1990, 104 Stat. 15, provided that:
“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
section 4192 of this title, 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
section 1102 of Title 8, amending provisions set out as notes under this section and sections 287, 2151, and 4851 of this title and
section 1182 of Title 8, 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’.”
Short Title of 1987 Amendment
Pub. L. 100–204, § 1(a), Dec. 22, 1987, 101 Stat. 1331, provided that:
“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,
section 1182 of Title 8, Aliens and Nationality, sections 2492 and 2605 of Title 19, Customs Duties, and
section 1364 of Title 28, 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,
section 112b of Title 1, General Provisions,
section 5313 of Title 5, sections 1182, 1201, and 1255a of Title 8,
section 2901 of Title 15, Commerce and Trade,
section 3181 of Title 18, Crimes and Criminal Procedure,
section 2605 of Title 19, and
section 1364 of Title 28, 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’.”
Short Title of 1985 Amendment
Pub. L. 99–93, § 1(a), Aug. 16, 1985, 99 Stat. 405, provided that:
“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,
section 208 of Title 3, 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,
section 1182 of Title 8, Aliens and Nationality,
section 3181 of Title 18, Crimes and Criminal Procedure,
section 701 of Title 47, Telecommunications, and
section 1701 of Title 50, 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
section 3901 of this title] may be cited as the ‘
Foreign Relations Authorization Act, Fiscal Years 1986 and 1987’.”
Short Title of 1976 Amendment
Pub. L. 94–350, § 1, July 12, 1976, 90 Stat. 823, provided:
“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’.”
Short Title of 1975 Amendment
Pub. L. 94–141, § 1, Nov. 29, 1975, 89 Stat. 756, provided:
“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
section 5924 of Title 5, 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
section 966 of this title] may be cited as the ‘
Foreign Relations Authorization Act, Fiscal Year 1976’.”
Short Title of 1974 Amendment
Pub. L. 93–475, § 1, Oct. 26, 1974, 88 Stat. 1439, provided:
“That this Act [enacting sections
966,
2679a,
2680a, and
2686 of this title, amending sections
901a,
1439,
1476, and
2680 of this title and
section 5924 of Title 5, 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’.”
Short Title of 1973 Amendment
Pub. L. 93–126, § 1, Oct. 18, 1973, 87 Stat. 451, provided:
“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,
section 194a of Title 2, The
Congress,
section 5924 of Title 5, Government Organization and Employees, and provisions set out as a note under
section 214 of this title] may be cited as the ‘
Department of State Appropriations Authorization Act of 1973’.”
Short Title of 1972 Amendment
Pub. L. 92–352, § 1, July 13, 1972, 86 Stat. 489, provided:
“That this Act [enacting sections
1474,
1475,
2291a, and
2821 to
2826 of this title and
section 194a of Title 2, 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
section 2511 of this title, and enacting provisions set out as notes under sections 2511, 2571, and 2652 of this title,
section 8331 of Title 5, and section 241 of former Title 31] may be cited as the ‘
Foreign Relations Authorization Act of 1972’.”
Short Title
Act Aug. 1, 1956, ch. 841 (first sentence), as added by Pub. L. 102–138, title I, § 111(2), Oct. 28, 1991, 105 Stat. 654, provided:
“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’.”
Act Aug. 1, 1956, ch. 841, title I, § 48, formerly § 33, as added Oct. 17, 1980, Pub. L. 96–465, title II, § 2201(a), 94 Stat. 2157, and renumbered § 34 and redesignated title I, Aug. 24, 1982, Pub. L. 97–241, title I, § 117, title II, § 202(a), 96 Stat. 279, 282; renumbered § 35 and § 36, Nov. 22, 1983, Pub. L. 98–164, title I, §§ 123, 124, 97 Stat. 1025; renumbered § 37, Oct. 19, 1984, Pub. L. 98–533, title I, § 102, 98 Stat. 2708; renumbered § 38 and § 39, Aug. 16, 1985, Pub. L. 99–93, title I, §§ 125(a), 128, 99 Stat. 415, 419; renumbered § 40 and § 41, Aug. 27, 1986, Pub. L. 99–399, title V, §§ 504(1), 506(1), 100 Stat. 871; renumbered § 42, Dec. 22, 1987, Pub. L. 100–204, title I, § 126(a)(1), 101 Stat. 1341; renumbered § 43, Nov. 18, 1988, Pub. L. 100–690, title IV, § 4603(1), 102 Stat. 4287; renumbered § 44, § 45, § 46, § 47, and § 48, Feb. 16, 1990, Pub. L. 101–246, title I, §§ 115(c)(1), 117(1), 118(1), 119(1), 150(1), 104 Stat. 23, 25, 26, 42, which provided that act Aug. 1, 1956, ch. 841, was to be cited as the “State Department Basic Authorities Act of 1956”, was repealed by Pub. L. 102–138, title I, § 111(1), Oct. 28, 1991, 105 Stat. 654.
References to Diplomatic and Consular Programs Account
Pub. L. 116–94, div. G, title I, par. (7), Dec. 20, 2019, 133 Stat. 2817, provided that:
“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.”
Compliance With Congressional Budget Act
Pub. L. 101–246, title XI, § 1101, Feb. 16, 1990, 104 Stat. 90, provided that:
“(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.”
Challenges to Appointment and Continuance in Office of Secretary of State First Appointed After May 3, 1980; Constitutional Provisions Governing Compensation and Emoluments
Pub. L. 96–241, § 2, May 3, 1980, 94 Stat. 343, provided that:
“(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].”
Definitions
Pub. L. 118–31, div. F, § 6002, Dec. 22, 2023, 137 Stat. 964, provided that:
“In this division [see Tables for classification]:
“(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.”
Pub. L. 117–263, div. I, § 9002, Dec. 23, 2022, 136 Stat. 3857, provided that:
“In this division [see Tables for classification]:
“(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.”
Pub. L. 114–323, § 2, Dec. 16, 2016, 130 Stat. 1907, provided that:
“In this Act [see Tables for classification]:
“(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.
“(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.”
Pub. L. 107–228, § 3, Sept. 30, 2002, 116 Stat. 1355, provided that:
“In this Act [see Tables for classification]:
“(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.”
Pub. L. 106–113, div. B, § 1000(a)(7) [§ 3], Nov. 29, 1999, 113 Stat. 1536, 1501A–409, provided that:
“In this Act [see Short Title of 1999 Amendment note set out above]:
“(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.”
Executive Documents
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, Dec. 28, 2001, 67 F.R. 1599, listed in a table under section 3345 of Title 5, Government Organization and Employees.