8 Usc 1104(a)

§ 1104

TITLE 8—ALIENS AND NATIONALITY

(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) authority granted by law to an agency or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or
legislative proposals.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(d) This order is intended to improve the internal
management of the Federal Government. This order is
not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity against the United States, its departments, agencies, entities, instrumentalities, officers, employees,
agents, or any other person.
GEORGE W. BUSH.

§ 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.

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(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.
(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.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b), 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—Pub. L. 103–236, § 162(h)(2)(A), struck out
‘‘; Bureau of Consular Affairs’’ after ‘‘Secretary of
State’’ in section catchline.
Subsec. (a)(2). Pub. L. 103–236, § 162(h)(2)(B), substituted ‘‘the Administrator’’ for ‘‘the Bureau of Consular Affairs’’.
Subsec. (b). Pub. L. 103–236, § 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, § 162(h)(2)(D), substituted
‘‘Department of State’’ for ‘‘Bureau’’.
Subsec. (d). Pub. L. 103–236, § 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, § 109(b)(1)(A),
struck out ‘‘Security and’’ after ‘‘Bureau of’’.
Subsec. (b). Pub. L. 95–105, § 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 Assist-

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TITLE 8—ALIENS AND NATIONALITY

ant 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, § 109(b)(1)(C), struck out
‘‘Security and’’ after ‘‘Bureau of’’.
Subsec. (f). Pub. L. 95–105, § 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.
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 Pub. 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
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.’’

§ 1105. Liaison with internal security officers;
data exchange
(a) In general
The Commissioner and the Administrator
shall have authority to maintain direct and con-

§ 1105

tinuous liaison with the Directors of the Federal
Bureau of Investigation and the Central Intelligence Agency and with other internal security
officers of the Government for the purpose of obtaining and exchanging information for use in
enforcing the provisions of this chapter in the
interest of the internal and border security of
the United States. The Commissioner and the
Administrator shall maintain direct and continuous liaison with each other with a view to a
coordinated, uniform, and efficient administration of this chapter, and all other immigration
and nationality laws.
(b) Access to National Crime Information Center
files
(1) The Attorney General and the Director of
the Federal Bureau of Investigation shall provide the Department of State and the Service
access to the criminal history record information contained in the National Crime Information Center’s Interstate Identification Index
(NCIC-III), Wanted Persons File, and to any
other files maintained by the National Crime Information Center that may be mutually agreed
upon by the Attorney General and the agency
receiving the access, for the purpose of determining whether or not a visa applicant or applicant for admission has a criminal history record
indexed in any such file.
(2) Such access shall be provided by means of
extracts of the records for placement in the
automated visa lookout or other appropriate
database, and shall be provided without any fee
or charge.
(3) The Federal Bureau of Investigation shall
provide periodic updates of the extracts at intervals mutually agreed upon with the agency receiving the access. Upon receipt of such updated
extracts, the receiving agency shall make corresponding updates to its database and destroy
previously provided extracts.
(4) Access to an extract does not entitle the
Department of State to obtain the full content
of the corresponding automated criminal history record. To obtain the full content of a
criminal history record, the Department of
State shall submit the applicant’s fingerprints
and any appropriate fingerprint processing fee
authorized by law to the Criminal Justice Information Services Division of the Federal Bureau
of Investigation.
(c) Reconsideration upon development of more
cost effective means of sharing information
The provision of the extracts described in subsection (b) of this section may be reconsidered
by the Attorney General and the receiving agency upon the development and deployment of a
more cost-effective and efficient means of sharing the information.
(d) Regulations
For purposes of administering this section, the
Department of State shall, prior to receiving access to NCIC data but not later than 4 months
after October 26, 2001, promulgate final regulations—
(1) to implement procedures for the taking
of fingerprints; and
(2) to establish the conditions for the use of
the information received from the Federal Bureau of Investigation, in order—