
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1104]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 1104. Powers and duties of Secretary of State


(a) Powers and duties

    The Secretary of State shall be charged with the administration and 
the enforcement of the provisions of this chapter and all other 
immigration and nationality laws relating to (1) the powers, duties, and 
functions of diplomatic and consular officers of the United States, 
except those powers, duties, and functions conferred upon the consular 
officers relating to the granting or refusal of visas; (2) the powers, 
duties, and functions of the Administrator; and (3) the determination of 
nationality of a person not in the United States. He shall establish 
such regulations; prescribe such forms of reports, entries and other 
papers; issue such instructions; and perform such other acts as he deems 
necessary for carrying out such provisions. He is authorized to confer 
or impose upon any employee of the United States, with the consent of 
the head of the department or independent establishment under whose 
jurisdiction the employee is serving, any of the powers, functions, or 
duties conferred or imposed by this chapter or regulations issued 
thereunder upon officers or employees of the Department of State or of 
the American Foreign Service.

(b) Designation and duties of Administrator

    The Secretary of State shall designate an Administrator who shall be 
a citizen of the United States, qualified by experience. The 
Administrator shall maintain close liaison with the appropriate 
committees of Congress in order that they may be advised regarding the 
administration of this chapter by consular officers. The Administrator 
shall be charged with any and all responsibility and authority in the 
administration of this chapter which are conferred on the Secretary of 
State as may be delegated to the Administrator by the Secretary of State 
or which may be prescribed by the Secretary of State, and shall perform 
such other duties as the Secretary of State may prescribe.

(c) Passport Office, Visa Office, and other offices; directors

    Within the Department of State there shall be a Passport Office, a 
Visa Office, and such other offices as the Secretary of State may deem 
to be appropriate, each office to be headed by a director. The Directors 
of the Passport Office and the Visa Office shall be experienced in the 
administration of the nationality and immigration laws.

(d) Transfer of duties

    The functions heretofore performed by the Passport Division and the 
Visa Division of the Department of State shall hereafter be performed by 
the Passport Office and the Visa Office, respectively.

(e) General Counsel of Visa Office; appointment and duties

    There shall be a General Counsel of the Visa Office, who shall be 
appointed by the Secretary of State and who shall serve under the 
general direction of the Legal Adviser of the Department of State. The 
General Counsel shall have authority to maintain liaison with the 
appropriate officers of the Service with a view to securing uniform 
interpretations of the provisions of this chapter.

(June 27, 1952, ch. 477, title I, Sec. 104, 66 Stat. 174; Pub. L. 87-
510, Sec. 4(a)(2), June 28, 1962, 76 Stat. 123; Pub. L. 88-426, title 
III, Sec. 305(43), Aug. 14, 1964, 78 Stat. 428; Pub. L. 95-105, title I, 
Sec. 109(b)(1), Aug. 17, 1977, 91 Stat. 847; Pub. L. 100-525, Sec. 9(d), 
Oct. 24, 1988, 102 Stat. 2620; Pub. L. 103-236, title I, Sec. 162(h)(2), 
Apr. 30, 1994, 108 Stat. 407.)


                               Amendments

    1994--Pub. L. 103-236, Sec. 162(h)(2)(A), struck out ``; Bureau of 
Consular Affairs'' after ``Secretary of State'' in section catchline.
    Subsec. (a)(2). Pub. L. 103-236, Sec. 162(h)(2)(B), substituted 
``the Administrator'' for ``the Bureau of Consular Affairs''.
    Subsec. (b). Pub. L. 103-236, Sec. 162(h)(2)(C), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``There is 
established in the Department of State a Bureau of Consular Affairs, to 
be headed by an Assistant Secretary of State for Consular Affairs. The 
Assistant Secretary of State for Consular Affairs shall be a citizen of 
the United States, qualified by experience, and shall maintain close 
liaison with the appropriate committees of Congress in order that they 
may be advised regarding the administration of this chapter by consular 
officers. He shall be charged with any and all responsibility and 
authority in the administration of the Bureau and of this chapter which 
are conferred on the Secretary of State as may be delegated to him by 
the Secretary of State or which may be prescribed by the Secretary of 
State. He shall also perform such other duties as the Secretary of State 
may prescribe.''
    Subsec. (c). Pub. L. 103-236, Sec. 162(h)(2)(D), substituted 
``Department of State'' for ``Bureau''.
    Subsec. (d). Pub. L. 103-236, Sec. 162(h)(2)(E), struck out before 
period at end ``, of the Bureau of Consular Affairs''.
    1988--Pub. L. 100-525 substituted ``Bureau of Consular Affairs'' for 
``Bureau of Security and Consular Affairs'' in section catchline.
    1977--Subsec. (a)(2). Pub. L. 95-105, Sec. 109(b)(1)(A), struck out 
``Security and'' after ``Bureau of''.
    Subsec. (b). Pub. L. 95-105, Sec. 109(b)(1)(B), substituted 
``Consular Affairs, to be headed by an Assistant Secretary of State for 
Consular Affairs'' for ``Security and Consular Affairs, to be headed by 
an administrator (with an appropriate title to be designated by the 
Secretary of State), with rank equal to that of an Assistant Secretary 
of State'' and ``Assistant Secretary of State for Consular Affairs'' for 
``administrator'' and struck out provision that the administrator shall 
be appointed by the President by and with the advice and consent of the 
Senate.
    Subsec. (d). Pub. L. 95-105, Sec. 109(b)(1)(C), struck out 
``Security and'' after ``Bureau of''.
    Subsec. (f). Pub. L. 95-105, Sec. 109(b)(1)(D), struck out subsec. 
(f) which placed Bureau of Security and Consular Affairs under immediate 
jurisdiction of Deputy Under Secretary of State for Administration.
    1964--Subsec. (b). Pub. L. 88-426 repealed provisions which related 
to compensation of Administrator. See section 5311 et seq. of Title 5, 
Government Organization and Employees.
    1962--Subsec. (b). Pub. L. 87-510 provided for appointment of 
Administrator of Bureau of Security and Consular Affairs by President by 
and with advice and consent of Senate.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-236 applicable with respect to officials, 
offices, and bureaus of Department of State when executive orders, 
regulations, or departmental directives implementing the amendments by 
sections 161 and 162 of Pub. L. 103-236 become effective, or 90 days 
after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. 
L. 103-236, as amended, set out as a note under section 2651a of Title 
22, Foreign Relations and Intercourse.


                    Effective Date of 1964 Amendment

    Amendment by Pub. L. 88-426 effective on first day of first pay 
period which begins on or after July 1, 1964, except to extent provided 
in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426.

                     Authority of Secretary of State

    Except as otherwise provided, Secretary of State to have and 
exercise any authority vested by law in any official or office of 
Department of State and references to such officials or offices deemed 
to refer to Secretary of State or Department of State, as appropriate, 
see section 2651a of Title 22, Foreign Relations and Intercourse, and 
section 161(d) of Pub. L. 103-236, set out as a note under section 2651a 
of Title 22.


Assumption of Duties by Administrator of Bureau of Security and Consular 
                                 Affairs

    Section 109(b)(4) of Pub. L. 95-105 provided that: ``The individual 
holding the position of administrator of the Bureau of Security and 
Consular Affairs on the date of enactment of this section [Aug. 17, 
1977] shall assume the duties of the Assistant Secretary of State for 
Consular Affairs and shall not be required to be reappointed by reason 
of the enactment of this section.''


 References to Bureau of Security and Consular Affairs or Administrator

    Section 109(b)(5) of Pub. L. 95-105 provided that: ``Any reference 
in any law to the Bureau of Security and Consular Affairs or to the 
administrator of such Bureau shall be deemed to be a reference to the 
Bureau of Consular Affairs or to the Assistant Secretary of State for 
Consular Affairs, respectively.''

                  Section Referred to in Other Sections

    This section is referred to in section 1101 of this title.
