[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and
exercise any author
