For Immediate Release
Office of the Press Secretary
December 30, 2003
Executive Order Assignment of Functions Relating to Arrivals in and Departures from the United States
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section 215 of the
Immigration and Nationality Act (INA), as amended (8 U.S.C. 1185), and
section 301 of title 3, United States Code, and to strengthen the
national security of the United States through procedures and systems
to manage and control the arrival and departure of persons from the
United States, it is hereby ordered as follows:
Section 1. Functions of the Secretary of Homeland Security. The
Secretary of Homeland Security is assigned the functions of the
President under section 215(a) of the INA with respect to persons other
than citizens of the United States. In exercising these functions, the
Secretary of Homeland Security shall not issue, amend, or revoke any
rules, regulations, or orders without first obtaining the concurrence
of the Secretary of State.
Sec. 2. Functions of the Secretary of State. The Secretary of
State is assigned the functions of the President under section 215(a)
and (b) of the INA with respect to citizens of the United States,
including those functions concerning United States passports. In
addition, the Secretary may amend or revoke part 46 of title 22, Code
of Federal Regulations, which concern persons other than citizens of
the United States. In exercising these functions, the Secretary of
State shall not issue, amend, or revoke any rules, regulations, or
orders without first consulting with the Secretary of Homeland
Security.
Sec. 3. Judicial Review. This order is not intended to, and does
not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by a party against the United States,
its departments, agencies, entities, officers, employees or agents, or
any other person.
GEORGE W. BUSH
THE WHITE HOUSE,
December 30, 2003.
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