Aliens and Nationality - 8 USC Section 1104

01/03/05

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.

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.

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."

Last modified: June 14, 2006