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8 U.S.C. § 1104Powers and duties of Secretary of State

submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 475 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of State administers and enforces the immigration and nationality laws assigned to the Secretary. The Secretary designates an experienced U.S. citizen as Administrator, maintains specified State Department offices, and appoints the Visa Office's General Counsel.

(a) The Secretary of State is responsible for administering and enforcing this chapter and other immigration and nationality laws concerning— (1) the powers, duties, and functions of U.S. diplomatic and consular officers, except their powers, duties, and functions concerning granting or refusing visas; (2) the powers, duties, and functions of the Administrator; and (3) deciding the nationality of a person who is not in the United States. The Secretary must issue regulations, forms for reports, entries, and other papers, instructions, and other measures the Secretary considers necessary. With the consent of the head of the department or independent establishment where an employee works, the Secretary may give that employee any power, function, or duty that this chapter or its regulations give to a State Department or American Foreign Service officer or employee. (b) The Secretary must designate an Administrator who is a U.S. citizen qualified by experience. The Administrator must keep close contact with the appropriate congressional committees so they can be informed about consular officers' administration of this chapter. The Administrator has the responsibilities and authority under this chapter that the Secretary delegates or assigns and must perform other duties the Secretary prescribes. (c) The Department of State must have a Passport Office, a Visa Office, and any other offices the Secretary considers appropriate. Each must have a director. The Passport Office and Visa Office directors must have experience administering nationality and immigration laws. (d) The Passport Office and Visa Office must perform the functions previously performed by the Department of State's Passport Division and Visa Division, respectively. (e) The Visa Office must have a General Counsel appointed by the Secretary of State, serving under the general direction of the Department's Legal Adviser. The General Counsel may maintain contact with appropriate Service officers to seek uniform interpretations of this chapter.
the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 174
  • 1962Amended · Pub. L. 87-510 · 76 Stat. 123
  • 1964Amended · Pub. L. 88-426 · 78 Stat. 428
  • 1977Amended · Pub. L. 95-105 · 91 Stat. 847
  • 1988Amended · Pub. L. 100-525 · 102 Stat. 2620
  • 1994Amended · Pub. L. 103-236 · 108 Stat. 407

A history note hasn’t been published yet. The record shows enactment by ch. 477 on 1952-06-27.

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