[Weekly Compilation of Presidential Documents Volume 40, Number 1 (Monday, January 5, 2004)]
[Pages 7-8]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13323--Assignment of Functions Relating to Arrivals in 
and Departures From the United States

December 30, 2003

    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

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addition, the Secretary may amend or revoke part 46 of title 22, Code of 
Federal Regulations, which concerns * 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.
    * White House correction.
    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.

 [Filed with the Office of the Federal Register, 11:22 a.m., December 
31, 2003]

Note: This Executive order was published in the Federal Register on 
January 2, 2004.