Notes on 8 U.S.C. § 1104 : US Code - Notes

Search Notes on 8 U.S.C. § 1104 : US Code - Notes

(June 27, 1952, ch. 477, title I, Sec. 104, 66 Stat. 174; Pub. L.
87-510, Sec. 4(a)(2), June 28, 1962, 76 Stat. 123; Pub. L. 88-426,
title III, Sec. 305(43), Aug. 14, 1964, 78 Stat. 428; Pub. L. 95-
105, title I, Sec. 109(b)(1), Aug. 17, 1977, 91 Stat. 847; Pub. L.
100-525, Sec. 9(d), Oct. 24, 1988, 102 Stat. 2620; Pub. L. 103-236,
title I, Sec. 162(h)(2), Apr. 30, 1994, 108 Stat. 407.)
AMENDMENTS                            
1994 - Pub. L. 103-236, Sec. 162(h)(2)(A), struck out "; Bureau
of Consular Affairs" after "Secretary of State" in section
catchline.
Subsec. (a)(2). Pub. L. 103-236, Sec. 162(h)(2)(B), substituted
"the Administrator" for "the Bureau of Consular Affairs".
Subsec. (b). Pub. L. 103-236, Sec. 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, Sec. 162(h)(2)(D), substituted
"Department of State" for "Bureau".
Subsec. (d). Pub. L. 103-236, Sec. 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, Sec. 109(b)(1)(A), struck
out "Security and" after "Bureau of".
Subsec. (b). Pub. L. 95-105, Sec. 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 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). Pub. L. 95-105, Sec. 109(b)(1)(C), struck out
"Security and" after "Bureau of".
Subsec. (f). Pub. L. 95-105, Sec. 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."