[Federal Register: January 2, 2004 (Volume 69, Number 1)]
[Presidential Documents]
[Page 241]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja04-119]

                        Presidential Documents




[[Page 241]]


                Executive Order 13323 of December 30, 2003


                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    December 30, 2003.

[FR Doc. 03-32332 Filed 12-31-03; 11:22 am]
Billing code 3195-01-P