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U.S. Code as of:
01/03/05
Section 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.
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