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.
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.
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.
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.
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. 47766 Stat. 17476 Stat. 123Pub. L. 88–426, title III, § 305(43)78 Stat. 428Pub. L. 95–105, title I, § 109(b)(1)91 Stat. 847Pub. L. 100–525, § 9(d)102 Stat. 2620Pub. L. 103–236, title I, § 162(h)(2)108 Stat. 407(, title I, § 104, ; Pub. L. 87-510, § 4(a)(2), , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
act June 27, 1952, ch. 47766 Stat. 163section 1101 of this titleThis chapter, referred to in subsecs. (a), (b), and (e), was in the original, “this Act”, meaning , , 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 and Tables.
Amendments
Pub. L. 103–236, § 162(h)(2)(A)1994—, struck out “; Bureau of Consular Affairs” after “Secretary of State” in section catchline.
Pub. L. 103–236, § 162(h)(2)(B)Subsec. (a)(2). , substituted “the Administrator” for “the Bureau of Consular Affairs”.
Pub. L. 103–236, § 162(h)(2)(C)Subsec. (b). , 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.”
Pub. L. 103–236, § 162(h)(2)(D)Subsec. (c). , substituted “Department of State” for “Bureau”.
Pub. L. 103–236, § 162(h)(2)(E)Subsec. (d). , struck out before period at end “, of the Bureau of Consular Affairs”.
Pub. L. 100–5251988— substituted “Bureau of Consular Affairs” for “Bureau of Security and Consular Affairs” in section catchline.
Pub. L. 95–105, § 109(b)(1)(A)1977—Subsec. (a)(2). , struck out “Security and” after “Bureau of”.
Pub. L. 95–105, § 109(b)(1)(B)Subsec. (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.
Pub. L. 95–105, § 109(b)(1)(C)Subsec. (d). , struck out “Security and” after “Bureau of”.
Pub. L. 95–105, § 109(b)(1)(D)Subsec. (f). , struck out subsec. (f) which placed Bureau of Security and Consular Affairs under immediate jurisdiction of Deputy Under Secretary of State for Administration.
Pub. L. 88–4261964—Subsec. (b). repealed provisions which related to compensation of Administrator. See section 5311 et seq. of Title 5, Government Organization and Employees.
Pub. L. 87–5101962—Subsec. (b). 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
Pub. L. 103–236Pub. L. 103–236section 161(b) of Pub. L. 103–236section 2651a of Title 22Amendment by 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 become effective, or 90 days after , whichever comes earlier, see , as amended, set out as a note under , Foreign Relations and Intercourse.
Effective Date of 1964 Amendment
Pub. L. 88–426section 501(c) of Pub. L. 88–426section 501 of Pub. L. 88–426Amendment by effective on first day of first pay period which begins on or after , except to extent provided in , see .
Abolition of Immigration and Naturalization Service and Transfer of Functions
section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .
Authority of Secretary of State
section 2651a of Title 22section 161(d) of Pub. L. 103–236section 2651a of Title 22Except 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 , Foreign Relations and Intercourse, and , set out as a note under .
Assumption of Duties by Administrator of Bureau of Security and Consular Affairs
Pub. L. 95–105, title I, § 109(b)(4)91 Stat. 847
References to Bureau of Security and Consular Affairs or Administrator
Pub. L. 95–105, title I, § 109(b)(5)91 Stat. 847