8 USC 1104 - Powers and duties of Secretary of State

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (span), and (e), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Amendments

1994—Puspan. L. 103–236, § 162(h)(2)(A), struck out “; Bureau of Consular Affairs” after “Secretary of State” in section catchline.

Subsec. (a)(2). Puspan. L. 103–236, § 162(h)(2)(B), substituted “the Administrator” for “the Bureau of Consular Affairs”.

Subsec. (span). Puspan. L. 103–236, § 162(h)(2)(C), amended subsec. (span) generally. Prior to amendment, subsec. (span) 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). Puspan. L. 103–236, § 162(h)(2)(D), substituted “Department of State” for “Bureau”.

Subsec. (d). Puspan. L. 103–236, § 162(h)(2)(E), struck out before period at end “, of the Bureau of Consular Affairs”.

1988—Puspan. L. 100–525 substituted “Bureau of Consular Affairs” for “Bureau of Security and Consular Affairs” in section catchline.

1977—Subsec. (a)(2). Puspan. L. 95–105, § 109(span)(1)(A), struck out “Security and” after “Bureau of”.

Subsec. (span). Puspan. L. 95–105, § 109(span)(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). Puspan. L. 95–105, § 109(span)(1)(C), struck out “Security and” after “Bureau of”.

Subsec. (f). Puspan. L. 95–105, § 109(span)(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. (span). Puspan. 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. (span). Puspan. 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Puspan. 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 Puspan. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(span) of Puspan. 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 Puspan. 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 Puspan. L. 88–426, see section 501 of Puspan. 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 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 Puspan. 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

Puspan. L. 95–105, title I, § 109(span)(4), Aug. 17, 1977, 91 Stat. 847, 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

Puspan. L. 95–105, title I, § 109(span)(5), Aug. 17, 1977, 91 Stat. 847, 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.”