Executive Order - Strengthening Protections Against Trafficking In Persons In Federal Contracts

EXECUTIVE ORDER

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STRENGTHENING PROTECTIONS AGAINST TRAFFICKING

IN PERSONS IN FEDERAL CONTRACTS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act (40 U.S.C. 101 et seq.) and the Trafficking Victims Protection Act of 2000, as amended (TVPA) (Public Law 106-386, Division A), and in order to strengthen protections against trafficking in persons in Federal contracting, it is hereby ordered as follows:

Section 1. Policy. More than 20 million men, women, and children throughout the world are victims of severe forms of trafficking in persons ("trafficking" or "trafficking in persons") -- defined in section 103 of the TVPA, 22 U.S.C. 7102(8), to include sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age, or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

The United States has long had a zero-tolerance policy regarding Government employees and contractor personnel engaging in any form of this criminal behavior. As the largest single purchaser of goods and services in the world, the United States Government bears a responsibility to ensure that taxpayer dollars do not contribute to trafficking in persons. By providing our Government workforce with additional tools and training to apply and enforce existing policy, and by providing additional clarity to Government contractors and subcontractors on the steps necessary to fully comply with that policy, this order will help to protect vulnerable individuals as contractors and subcontractors perform vital services and manufacture the goods procured by the United States.

In addition, the improved safeguards provided by this order to strengthen compliance with anti-trafficking laws will promote economy and efficiency in Government procurement. These safeguards, which have been largely modeled on successful practices in the private sector, will increase stability, productivity, and certainty in Federal contracting by avoiding the disruption and disarray caused by the use of trafficked labor and resulting investigative and enforcement actions.

Sec. 2. Anti-Trafficking Provisions. (a) Within 180 days of the date of this order, the Federal Acquisition Regulatory (FAR) Council, in consultation with the Secretary of State, the Attorney General, the Secretary of Labor, the Secretary of Homeland Security, the Administrator for the United States Agency for International Development, and the heads of such other executive departments and agencies (agencies) as the FAR Council determines to be appropriate, shall take steps necessary to amend the Federal Acquisition Regulation to:

(1) strengthen the efficacy of the Government's zero-tolerance policy on trafficking in persons by Federal contractors and subcontractors in solicitations, contracts, and subcontracts for supplies or services (including construction and commercial items), by:

(A) expressly prohibiting Federal contractors, contractor employees, subcontractors, and subcontractor employees from engaging in any of the following types of trafficking-related activities:

(i) using misleading or fraudulent recruitment practices during the recruitment of employees, such as failing to disclose basic information or making material misrepresentations regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, living conditions and housing (if employer provided or arranged), any significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) charging employees recruitment fees;

(iii) destroying, concealing, confiscating, or otherwise denying access by an employee to the employee's identity documents, such as passports or drivers' licenses; and

(iv) for portions of contracts and subcontracts:

(I) performed outside the United States, failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract;

(II) not covered by subsection (a)(1)(A)(iv)(I) of this section, failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee; provided, however

(III) that the requirements of subsections (a)(1)(A)(iv)(I) and (II) shall not apply to:

(aa) an employee who is legally permitted to remain in the country of employment and who chooses to do so; or

(bb) an employee who is a victim of trafficking and is seeking victim services or legal redress in the country of employment, or an employee who is a witness in a trafficking-related enforcement action;

(v) other specific activities that the FAR Council identifies as directly supporting or promoting trafficking in persons, the procurement of commercial sex acts, or the use of forced labor in the performance of the contract or subcontract;

(B) requiring contractors and their subcontractors, by contract clause, to agree to cooperate fully in providing reasonable access to allow contracting agencies and other responsible enforcement agencies to conduct audits, investigations, or other actions to ascertain compliance with the TVPA, this order, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(C) requiring contracting officers to notify, in accordance with agency procedures, the agency's Inspector General, the agency official responsible for initiating suspension or debarment actions, and law enforcement, if appropriate, if they become aware of any activities that would justify termination under section 106(g) of the TVPA, 22 U.S.C. 7104(g), or are inconsistent with the requirements of this order or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor, and further requiring that the agency official responsible for initiating suspension and debarment actions consider whether suspension or debarment is necessary in order to protect the Government's interest;

(2) except as provided in subsection (a)(3) of this section, ensure that provisions in solicitations and clauses in contracts and subcontracts, where the estimated value of the supplies acquired or services required to be performed outside the United States exceeds $500,000, include the following requirements pertaining to the portion of the contract or subcontract performed outside the United States:

(A) that each such contractor and subcontractor maintain a compliance plan during the performance of the contract or subcontract that is appropriate for the size and complexity of the contract or subcontract and the nature and scope of the activities performed, including the risk that the contract or subcontract will involve services or supplies susceptible to trafficking. The compliance plan shall be provided to the contracting officer upon request, and relevant contents of the plan shall be posted no later than the initiation of contract performance at the workplace and on the contractor or subcontractor's website (if one is maintained), and shall, at a minimum, include:

(i) an awareness program to inform employees about:

(I) the policy of ensuring that employees do not engage in trafficking in persons or related activities, including those specified in subsection (a)(1)(A) of this section, the procurement of commercial sex acts, or the use of forced labor; and

(II) the actions that will be taken against employees for violation of such policy;

(ii) a process for employees to report, without fear of retaliation, any activity that would justify termination under section 106(g) of the TVPA, or is inconsistent with the requirements of this order, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor;

(iii) a recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host country legal requirements or explains any variance;

(iv) a housing plan, if the contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host country housing and safety standards or explains any variance; and

(v) procedures to prevent subcontractors at any tier from engaging in trafficking in persons, including those trafficking-related activities described in subsection (a)(1)(A) of this section, and to monitor, detect, and terminate any subcontractors or subcontractor employees that have engaged in such activities; and

(B) that each such contractor and subcontractor shall certify, prior to receiving an award and annually thereafter during the term of the contract or subcontract, that:

(i) it has the compliance plan referred to in subsection (a)(2)(A) of this section in place to prevent trafficking-related activities described in section 106(g) of the TVPA and this order; and

(ii) either, to the best of its knowledge and belief, neither it nor any of its subcontractors has engaged in any such activities; or, if abuses have been found, the contractor or subcontractor has taken the appropriate remedial and referral actions;

(3) specify that the requirements in subsections (a)(2)(A) and (B) of this section shall not apply with respect to contracts or subcontracts for commercially available off-the-shelf items.

(b) Not later than 1 year after the date of this order, the member agencies of the President's Interagency Task Force to Monitor and Combat Trafficking in Persons (PITF), established pursuant to section 105 of the TVPA, 22 U.S.C. 7103, shall jointly establish a process for evaluating and identifying, for Federal contracts and subcontracts performed substantially within the United States, whether there are industries or sectors with a history (or where there is current evidence) of trafficking-related or forced labor activities described in section 106(g) of the TVPA, in subsection (a)(1)(A) of this section, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor. Where the PITF has identified such industries or sectors, it shall notify agencies of these designations, and individual agencies shall, in consultation with the Office of Federal Procurement Policy of the Office of Management and Budget, adopt and publish appropriate safeguards, guidance, and compliance assistance to prevent trafficking and forced labor in Federal contracting in these identified areas.

Sec. 3. Guidance and Training. (a) The Administrator for Federal Procurement Policy shall:

(1) in consultation with appropriate management councils, such as the Chief Acquisition Officers Council, provide guidance to agencies on developing appropriate internal procedures and controls for awarding and administering Federal contracts to improve monitoring of and compliance with actions to prevent trafficking in persons, consistent with section 106 of the TVPA, including the development of methods to track the number of trafficking violations reported and remedies applied; and

(2) in consultation with the Federal Acquisition Institute and appropriate management councils, such as the Chief Acquisition Officers Council:

(A) develop methods to track the number of Federal employees trained; and

(B) implement training requirements to ensure that the Federal acquisition workforce is trained on the policies and responsibilities for combating trafficking, including on:

(i) applicable laws, regulations, and policies; and

(ii) internal controls and oversight procedures implemented by the agency, including enforcement procedures available to the agency to investigate, manage, and mitigate contractor and subcontractor trafficking violations.

(b) The member agencies of PITF shall jointly facilitate the sharing of information that may be used by acquisition, program, and other offices within agencies to evaluate where the risk of trafficking in persons may be heightened based on the nature of the work to be performed, the place of performance, and any other relevant considerations.

Sec. 4. Effective Date. This order shall become effective immediately and shall apply to solicitations issued on or after the effective date for the action taken by the FAR Council under subsection 2(a) of this order.

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(1) the authority granted by law to an executive department, agency, or the head thereof; or

(2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/25/executive-order-strengthening-protections-against-trafficking-persons-fe

Message from the President to Commemorate the 150th Anniversary of the Preliminary Emancipation Proclamation

On September 22, 1862, President Abraham Lincoln issued the preliminary Emancipation Proclamation, boldly declaring that on New Year’s Day, 1863, all people held as slaves in areas “in rebellion against the United States shall be then, thenceforward, and forever free.” One hundred and fifty years after that historic event, we recognize an important milestone in the American story and reflect on the progress we have made toward realizing our Nation’s founding promise of liberty and justice for all.

Though it would take decades of struggle before African Americans were granted equal treatment and protection under the law, the Emancipation Proclamation marked a courageous step forward in fulfilling that essential task. It affirmed that the Civil War was a war fought not only for the preservation of our union, but for freedom itself. And by opening the Union Army and Navy to African American men, the Proclamation gave new strength to liberty’s cause.

The Emancipation Proclamation stands among the documents of human freedom. As we commemorate this 150^th anniversary, let us rededicate ourselves to the timeless principles it championed and celebrate the millions of Americans who have fought for liberty and equality in the generations since.

BARACK OBAMA

THE WHITE HOUSE

September 19, 2011

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/22/message-president-commemorate-150th-anniversary-preliminary-emancipation

Weekly Address: Congress Must Act to Create Jobs and Grow the Economy

WASHINGTON, DC—In his weekly address, President Obama told the American people that the House of Representatives left town last week without finishing important work that would create jobs and strengthen our economy. Congress left proposals sitting on the table like the veterans’ jobs corps that helps returning heroes find work as cops and firefighters, and the farm bill that helps farmers and ranchers respond to natural disasters like the drought we had this summer. Congress also could have given responsible homeowners the opportunity to save an extra $3,000 a year on their mortgages by refinancing at historically low rates, and 98% of Americans and 97% of small business owners a guarantee that taxes will not go up next year. These proposals have bipartisan support, and there is no reason that they shouldn’t be passed. The President calls on Congress to take these steps when they return to work in November to grow our economy based on a strong and secure middle class and move our country forward.

The audio of the address and video of the address will be available online at www.whitehouse.gov at 6:00 a.m. ET, Saturday, September 22, 2012.

Remarks of President Barack Obama

Weekly Address

The White House

September 22, 2012

Hi, everybody. Last week, without much fanfare, Members of the House of Representatives banged a gavel, turned out the lights, and rushed home, declaring their work finished for now.

If that frustrates you, it should – because their work isn’t finished.

See, when they skipped town, Members of Congress left a whole bunch of proposals sitting on the table – actions that would create jobs, boost our economy, and strengthen middle-class security. These ideas have been around for months. The American people want to see them passed. But apparently, some Members of Congress are more worried about their jobs and their paychecks this campaign season than they are about yours.

Right now, if Congress had done the right thing, we could be on our way to having a veterans’ jobs corps that helps returning heroes find work as cops and firefighters in communities all across the country. These men and women have made incredible sacrifices for our country. They shouldn’t have to worry about finding a job when they get home. But last week, Republicans in Congress voted it down. And then they left.

Right now, if Congress had gotten its act together, we would have a farm bill to help farmers and ranchers respond to natural disasters like the drought we had this summer. And we’d have made necessary reforms to give our rural communities some long-term certainty. But so far, Republicans in Congress have dragged their feet. And now they’re gone.

Right now, if Congress had acted, thousands of responsible homeowners could be saving an extra $3,000 a year on their mortgages by refinancing at historically low rates. But instead, Republicans in Congress decided that working families could wait. And now they’ll have to wait a little longer.

And finally, if Congress had listened to you, they could have given 98% of Americans and 97% of small business owners a guarantee that your taxes won’t go up next year by a single dime. This is something we all agree on. It should have gotten done a long time ago. But Republicans in Congress have refused to budge. They’re holding tax cuts for 98% of Americans hostage until we pass tax cuts for the wealthiest 2% of Americans. And now middle-class families and small business owners are left wondering what their tax bill will look like next year.

All of these ideas would strengthen our economy and help the middle class right now. All of them are supported by Democrats, Republicans and Independents. There’s no reason to wait.

That’s why, after going home and listening to their constituents for a few weeks, Members of Congress should come back in November and do this work. They should do the right thing for veterans and farmers; for responsible homeowners and small businesses; for Americans everywhere who are just trying to get ahead.

And if you agree with me, I need your help. Tell your Members of Congress you can’t afford to wait any longer. If you get an answering machine, leave a message. If you see them campaigning back home, tell them in person. Because there’s been enough talk. It’s time for action. That’s what you deserve, and that’s what it’s going to take to move this country forward.

Thanks, and have a great weekend.

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via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/22/weekly-address-congress-must-act-create-jobs-and-grow-economy

Presidential Proclamation -- National Hunting and Fishing Day, 2012

NATIONAL HUNTING AND FISHING DAY, 2012

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

From our highest peaks and most historic parks to the quiet woods and streams where generations of families have connected with the land around them, America's great outdoors have always played an important role in our national life. On National Hunting and Fishing Day, we celebrate our rich legacy of conservation, recognize sportsmen and women who have carried that legacy forward, and renew the spirit of stewardship that has moved countless Americans to help preserve our natural heritage for future generations.

As keepers of an age-old tradition, sportsmen and women share a deep and abiding bond with our environment. Generations have worked tirelessly to protect the lands and waters they cherish, and today, hunters and anglers stand among our strongest conservation advocates. This year, we also mark the 75th anniversary of the Federal Aid in Wildlife Restoration Act, which provided permanent and dependable funding for habitat conservation. This milestone recalls the many ways sportsmen and women have contributed to conservation of the public lands we all enjoy. Their legacy is all around us, and as we take time to appreciate America's natural beauty, let us give thanks to all those who have helped make our country what it is today.

Fulfilling our role as environmental stewards in the 21st century demands that we find the best ideas at the grassroots level and empower States, communities, and nonprofits with the tools they need to protect the land they love. Through the America's Great Outdoors Initiative, my Administration has striven to meet those challenges and lay the foundation for a comprehensive, community-driven conservation strategy. From hunters and anglers to tribal leaders and young people, we are engaging stakeholders of all backgrounds and beliefs -- and moving forward, we will continue to find new ways to make the Federal Government a better partner in preserving our environment today and tomorrow.

As Americans, each of us has an equal share in the land and an equal responsibility to protect it. On National Hunting and Fishing Day, we pay tribute to the community of sportsmen and women who have kept faith with that fundamental principle, and who will continue to help drive our environmental progress in the years to come.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 22, 2012, as National Hunting and Fishing Day. I call upon all Americans to observe this day with appropriate programs and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of September, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/21/presidential-proclamation-national-hunting-and-fishing-day-2012

Presidential Proclamation -- National Historically Black Colleges and Universities Week, 2012

NATIONAL HISTORICALLY BLACK COLLEGES AND UNIVERSITIES WEEK, 2012

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

The founders of our Nation's first colleges and universities for African Americans shared a fundamental belief that, with the right education, all people can overcome barriers of injustice to achieve their fullest potential. These pioneers understood that education means emancipation -- a path to freedom, independence, and success. More than 150 years later, America's Historically Black Colleges and Universities (HBCUs) carry forward this proud legacy, and this week, we celebrate the profound impact these places of learning have made on the life of our country.

For generations, HBCUs have provided students with access to higher education and instilled in them a sense of pride and history. Graduates of these institutions have played an extraordinary role in shaping the progress of our Union by championing equality and changing perspectives through the arts. They have strengthened our Nation by building our economy, teaching our children, healing the sick, and defending America as members of our Armed Forces. Today, HBCUs continue to help move our country forward, cultivating leaders in every area of our society. And with each new HBCU alum, we move closer to achieving our goal of having the highest proportion of college graduates in the world by 2020.

During National Historically Black Colleges and Universities Week, as we recognize the immeasurable contributions of these institutions, let us recommit to ensuring they remain cradles of opportunity for the next generation. Let us also reaffirm our belief in the power of progress through education -- a belief we share with the visionary leaders who established our HBCUs so many years ago.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 23 through September 29, 2012, as National Historically Black Colleges and Universities Week. I call upon educators, public officials, professional organizations, corporations, and all Americans to observe this week with appropriate programs, ceremonies, and activities that acknowledge the countless contributions these institutions and their alumni have made to our country.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of September, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/21/presidential-proclamation-national-historically-black-colleges-and-unive

Statement by the Press Secretary on the Veterans Jobs Corps

No veteran who fought for our nation should have to fight for a job at home, but Republicans in Washington are blocking a common sense plan to create the Veterans Jobs Corps and put tens of thousands of veterans back to work.

Working with Democrats and Republicans in Congress, the Obama Administration has already made real progress to help veterans find jobs. We passed tax credits to encourage employers to hire veterans and released new tools to connect veterans with employers. And thanks to the First Lady and Dr. Biden’s Joining Forces Initiative, more than 2,000 businesses have hired or trained more than 125,000 veterans and military spouses in the past year. But we can do more and Senate Republicans should not block legislation that includes many of their ideas and stand between veterans and good jobs protecting and preserving America.

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/19/statement-press-secretary-veterans-jobs-corps

Presidential Proclamation -- National Hispanic-Serving Institutions Week, 2012

NATIONAL HISPANIC-SERVING INSTITUTIONS WEEK, 2012

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Equipping our children with the knowledge and skills for a lifetime of success is among our Nation's most important responsibilities. We know that providing the next generation with a world-class education is not just a moral obligation -- it is a prerequisite for America's progress in the 21st century. With Hispanics representing more than 20 percent of students enrolled in our public elementary and secondary schools, the opportunities in postsecondary education offered to these young people will have a significant impact on our country's future. Hispanic-Serving Institutions (HSIs) have helped bring the dream of a college education within reach for many Hispanic students and their families, and this week, we celebrate the critical role these colleges and universities play in American higher education.

Across our country, HSIs are giving students access to a quality education and vesting in them a lifelong appreciation for intellectual inquiry. In these halls of higher learning, students are pursuing careers in science and engineering, health care, technology, education, and other fields that will bolster our economic prosperity and foster American innovation for decades to come. Graduates of these institutions are already leaders in every part of our national life, and with these institutions graduating such a significant portion of Hispanic students, HSIs are helping move us closer to leading the world in college completion by 2020.

As we reflect on the contributions of HSIs, let us renew our commitment to preparing our future leaders -- from focusing on early childhood education to combating high school dropout rates -- and to supporting those institutions that equip students of all backgrounds to take on tomorrow's challenges. By honoring this commitment, we uphold that most American idea: that with a quality education, a child of any race, faith, or station in life can overcome any barriers to achieve his or her dreams.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 16 through September 22, 2012, as National Hispanic-Serving Institutions Week. I call on public officials, educators, and all the people of the United States to observe this week with appropriate programs, ceremonies, and activities that acknowledge the tremendous contributions these institutions and their graduates have made to our country.

IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of September, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/14/presidential-proclamation-national-hispanic-serving-institutions-week-20

Presidential Proclamation -- National Farm Safety and Health Week, 2012

NATIONAL FARM SAFETY AND HEALTH WEEK, 2012

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

From producing America's food, fuel, and fiber to advancing clean, homegrown energy solutions, farmers and ranchers play an essential role in driving our country's progress. They keep our economy moving forward, and as important stewards of our environment, they help conserve our lands, protect our wildlife, and safeguard our waters for future generations. During National Farm Safety and Health Week, we celebrate agricultural workers' vital contributions and reaffirm our commitment to keeping them safe on the job.

Farmers and ranchers put in long hours to accomplish difficult tasks -- rain or shine. Many operate heavy machinery, handle livestock, and work under hazardous conditions. Because the demands of the job put agricultural workers at high risk of illness and injury, appropriate training and education are critical. I encourage all farming and ranching families to participate in farm safety and health programs, remain aware of the hazards of their working environment, and carry out safe practices every step of the way -- from equipment inspection to handling hazardous materials.

Our Nation's rural communities give America its heartbeat. They are home to producers who rise before the dawn, entrepreneurs who bring ideas to market, and working men and women who build the American dream with their bare hands. This week, we honor their tireless efforts and rededicate ourselves to equipping our next generation with the knowledge and training they need to stay safe and healthy.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 16 through September 22, 2012, as National Farm Safety and Health Week. I call upon the agencies, organizations, businesses, and extension services that serve America's agricultural workers to strengthen their commitment to promoting farm safety and health programs. I also urge Americans to honor our agricultural heritage and express appreciation to our farmers, ranchers, and farm-workers for their contributions to our Nation.

IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of September, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/14/presidential-proclamation-national-farm-safety-and-health-week-2012

Presidential Proclamation -- National Employer Support of the Guard and Reserve Week, 2012

NATIONAL EMPLOYER SUPPORT OF THE GUARD AND RESERVE WEEK, 2012

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

During the 236 years since our fundamental rights to life, liberty, and the pursuit of happiness were first put to paper, ordinary citizens have always stood ready to defend them as members of the United States Armed Forces. Today's service members represent the latest in the long line of heroes who have answered their country's call, and their exceptional service in a post-9/11 world has secured their place alongside the greatest generations. As essential components of our military, the National Guard and Reserve have helped carry that legacy forward. This week, we honor their service and sacrifice, give thanks to their employers, and reaffirm our commitment to giving our troops, our military families, and our veterans the opportunities and support they have earned.

Of the more than 2 million Americans who have gone to war since September 11, 2001, many have been members of the Guard and Reserve. Deployment after deployment, these men and women demonstrate the utmost courage and distinction in the line of duty, putting themselves in harm's way while knowing all too well the full cost of conflict. Members of the Guard and Reserve also serve here at home, stepping in to keep our communities safe when emergencies or natural disasters threaten our security. For their extraordinary sacrifice, our Nation must serve them as well as they have served us -- from ensuring they have our fullest support on the battlefield to helping them find good jobs when they come home.

Businesses across America are helping us meet that obligation by hiring and retaining members of the Guard and Reserve, and by creating a culture of military support in the workplace. These employers help keep our service members' civilian careers moving forward, and many demonstrate their invaluable support by ensuring our men and women in uniform -- and their families -- get the flexibility and care they need during deployment. At a time when our Nation has asked so much of our troops and military families, businesses nationwide are helping them meet the challenges they face and defend the country they love.

America shares a sacred trust with all those who serve in our Armed Forces, and my Administration remains committed to honoring that trust. As part of First Lady Michelle Obama and Dr. Jill Biden's Joining Forces initiative, we have striven to expand employment opportunities for veterans and military spouses, and to help workplaces create environments that support

military families. Within the past year, 2,000 companies have hired or trained more than 125,000 service members and military spouses through Joining Forces. With tools like our online Veterans Job Bank, we are connecting veterans to businesses that will put their skills to work. I was proud to sign the VOW to Hire Heroes Act, which created new tax credits to encourage employers to hire veterans. And this July, we announced an overhaul of our transition assistance program that will give departing service members the training they need to find their next job or advance their education and skills.

During National Employer Support of the Guard and Reserve Week, let us pay tribute to the brave men and women who keep our Nation safe and celebrate their devoted employers, whose support is vital to the strength of our military.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 16 through September 22, 2012, as National Employer Support of the Guard and Reserve Week. I call upon all Americans to join me in expressing our heartfelt thanks to the members of the National Guard and Reserve and their civilian employers. I also call on State and local officials, private organizations, and all military commanders, to observe this week with appropriate ceremonies and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of September, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/14/presidential-proclamation-national-employer-support-guard-and-reserve-we

Presidential Proclamation -- National Hispanic Heritage Month, 2012

NATIONAL HISPANIC HERITAGE MONTH, 2012

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Our Nation's story would not be possible without generations of Hispanics who have shaped and strengthened the fabric of our Union. They have enriched every aspect of our national identity with traditions that stretch across centuries and reflect the many ancestries that comprise the Hispanic community. This month, we celebrate this rich heritage and reflect on the invaluable contributions Hispanics have made to America.

Hispanics have helped shape our communities and expand our country, from laboratories and industry to board rooms and classrooms. They have led movements that pushed our country closer to realizing the democratic ideals of America's founding documents, and they have served courageously as members of our Armed Forces to defend those ideals at home and abroad. Hispanics also serve as leaders throughout the public sector, working at the highest levels of our government and serving on our highest courts.

As we celebrate these hard-fought achievements, we must also remember there is more work to be done to widen the circle of opportunity for the Hispanic community and keep the American dream within reach for all who seek it. From promoting job creation and ensuring Hispanics are represented in the Federal workforce to reshaping our education system to meet the demands of the 21st century, my Administration has built ladders of opportunity. The Department of Homeland Security has lifted the shadow of deportation from talented and patriotic young people who were brought to America as children, giving them a degree of relief so they can continue contributing to our society, and we remain steadfast in our pursuit of meaningful legislative immigration reform.

Whether we trace our roots to those who came here on the Mayflower, who settled the Southwest centuries ago, or who joined the American family more recently, we share a common belief in the enduring promise of America -- the promise that regardless of where we come from or what we look like, each of us can make it if we try. During National Hispanic Heritage Month, as we celebrate the successes of the Hispanic community, let us reaffirm our commitment to extending that promise to all Americans.

To honor the achievements of Hispanics in America, the Congress by Public Law 100-402, as amended, has authorized and requested the President to issue annually a proclamation designating September 15 through October 15 as "National Hispanic Heritage Month."

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim September 15 through October 15, 2012, as National Hispanic Heritage Month. I call upon public officials, educators, librarians, and all Americans to observe this month with appropriate ceremonies, activities, and programs.

IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of September, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/14/presidential-proclamation-national-hispanic-heritage-month-2012

Presidential Memorandum -- Presidential Determination with Respect to Foreign Governments' Efforts Regarding Trafficking in Persons

MEMORANDUM FOR THE SECRETARY OF STATE

SUBJECT: Presidential Determination with Respect to Foreign Governments' Efforts Regarding Trafficking in Persons

Consistent with section 110 of the Trafficking Victims Protection Act of 2000 (Division A of Public Law 106-386), as amended (the "Act"), I hereby:

Make the determination provided in section 110(d)(1)(A)(i) of the Act, with respect to the Democratic Republic of the Congo, Equatorial Guinea, Sudan, and Zimbabwe, not to provide certain funding for those countries' governments for Fiscal Year 2013, until such governments comply with the minimum standards or make significant efforts to bring themselves into compliance, as may be determined by the Secretary of State in a report to the Congress pursuant to section 110(b) of the Act;

Make the determination provided in section 110(d)(1)(A)(ii) of the Act, with respect to Cuba, the Democratic People's Republic of Korea, Eritrea, Iran, Madagascar, and Syria not to provide certain funding for those countries' governments for Fiscal Year 2013, until such governments comply with the minimum standards or make significant efforts to bring themselves into compliance, as may be determined by the Secretary of State in a report to the Congress pursuant to section 110(b) of the Act;

Determine, consistent with section 110(d)(4) of the Act, with respect to Algeria, the Central African Republic, Kuwait, Libya, Papua New Guinea, Saudi Arabia, and Yemen that provision to these countries' governments of all programs, projects, or activities of assistance described in sections 110(d)(1)(A)(i)-(ii) and 110(d)(1)(B) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to the Democratic Republic of the Congo, that assistance and programs described in section 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act, with the exception of Foreign Military Sales and

Foreign Military Financing to the army of the Democratic Republic of the Congo, would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to Sudan, that assistance and programs described in section 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act, with the exception of Foreign Military Sales and Foreign Military Financing to the Sudanese land forces, air forces, and Popular Defense Force, would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to Iran, that a partial waiver to allow funding for educational and cultural exchange programs described in section 110(d)(1)(A)(ii) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to Syria, that a partial waiver to allow funding for educational and cultural exchange programs described in section 110(d)(1)(A)(ii) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to Equatorial Guinea, that a partial waiver to allow funding for programs described in section 110(d)(1)(A)(i) of the Act to support programs to study and combat the spread of infectious diseases and to advance sustainable natural resource management and biodiversity would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to Equatorial Guinea, that assistance described in section 110(d)(1)(B) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to Zimbabwe, that a partial waiver to allow funding for programs described in section 110(d)(1)(A)(i) of the Act for assistance for victims of trafficking in persons or to combat such trafficking, and for programs to support the promotion of health, good governance, education, agriculture and food security, poverty reduction, livelihoods, family planning, and macroeconomic growth including anticorruption, and programs that would have a significant adverse effect on vulnerable populations if suspended, would promote the purposes of the Act or is otherwise in the national interest of the United States;

And determine, consistent with section 110(d)(4) of the Act, with respect to Zimbabwe, that assistance described in section 110(d)(1)(B) of the Act, which:

(1) is a regional program, project, or activity under which the total benefit to Zimbabwe does not exceed 10 percent of the total value of such program, project, or activity; or

(2) has as its primary objective the addressing of basic human needs, as defined by the Department of the Treasury with respect to other, existing legislative mandates concerning U.S. participation in the multilateral development banks; or

(3) is complementary to or has similar policy objectives to programs being implemented bilaterally by the United States Government; or

(4) has as its primary objective the improvement of Zimbabwe's legal system, including in areas that impact Zimbabwe's ability to investigate and prosecute trafficking cases or otherwise improve implementation of its anti-trafficking policy, regulations, or legislation; or

(5) is engaging a government, international organization, or civil society organization, and seeks as its primary objective(s) to: (a) increase efforts to investigate and prosecute trafficking in persons crimes; (b) increase protection for victims of trafficking through better screening, identification, rescue or removal, aftercare (shelter, counseling), training, and reintegration; or (c) expand prevention efforts through education and awareness campaigns highlighting the dangers of trafficking or training and economic empowerment of populations clearly at risk of falling victim to trafficking; or

(6) is targeted macroeconomic assistance from the International Monetary Fund that strengthens the macroeconomic management capacity of Zimbabwe, would promote the purposes of the Act, or is otherwise in the national interest of the United States.

The certification required by section 110(e) of the Act is provided herewith.

You are hereby authorized and directed to submit this determination to the Congress, and to publish it in the Federal Register.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/14/presidential-memorandum-presidential-determination-respect-foreign-gover

Letter from the President regarding the Sequestration Transparency Act

Dear Mr. Speaker: (Dear Mr. President:)

Pursuant to section 2 of the Sequestration Transparency Act of 2012 (Public Law 112-155), I am providing a report prepared by the Office of Management and Budget on the sequestration required to be ordered by paragraphs (7)(A) and (8) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) for Fiscal Year 2013 on January 2, 2013.

Sincerely,

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/14/letter-president-regarding-sequestration-transparency-act

Letter from the President regarding the War Powers Resolution Report for Libya

Dear Mr. Speaker: (Dear Mr. President:)

On September 12, 2012, in response to an attack on our diplomatic post in Benghazi, Libya, that killed four U.S. citizens, including U.S. Ambassador John Christopher Stevens, a security force from the U.S. Africa Command deployed to Libya to support the security of U.S. personnel in Libya. Further, on September 13, an additional security force arrived in Yemen in response to security threats there.

Although these security forces are equipped for combat, these movements have been undertaken solely for the purpose of protecting American citizens and property. These security forces will remain in Libya and in Yemen until the security situation becomes such that they are no longer needed.

These actions have been directed consistent with my responsibility to protect U.S. citizens both at home and abroad, and in furtherance of U.S. national security and foreign policy interests, pursuant to my constitutional authority to conduct U.S. foreign relations and as Commander in Chief and Chief Executive.

I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93-148). I appreciate the support of the Congress in these actions.

Sincerely,

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/14/letter-president-regarding-war-powers-resolution-report-libya

Presidential Proclamation -- Constitution Day and Citizenship Day, Constitution Week, 2012

CONSTITUTION DAY AND CITIZENSHIP DAY, CONSTITUTION WEEK, 2012

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Today, we celebrate our heritage as a country bound together by fidelity to a set of ideas and a system of governance first laid out in America's Constitution. The product of fierce debate and enduring compromise, our Nation's Constitution has guided our progress from 13 to 50 United States that stretch from sea to shining sea. It has watched over our growth from a fragile experiment in democracy to a beacon of freedom that lights the world. It has vested in each of us the power to appeal to principles that could broaden democracy's reach.

As we mark this 225th anniversary of the signing of our Constitution, we also recognize the candidates for citizenship who will commemorate this day by joining our American family. For more than two centuries, our country has drawn enterprising men and women from around the world -- individuals who have sought to build a life as good as their talents and their hard work would allow. Generations have crossed land and ocean because of the belief that, in America, all things are possible. As a new group of citizens takes an oath to support and defend our country's oldest principles, we affirm another truth: that our American journey and our success would never have been possible without the hope, the drive, and the irrepressible optimism that every generation of immigrants has brought to our shores. Across our country, Americans are working side-by-side with our Nation's newest citizens to build strong, welcoming communities that embrace the talents and contributions of all their members.

This week, we reflect on the basic rights and responsibilities of citizenship, the founding documents from which they were drawn, and the extraordinary legacy of progress they have enabled. Let us forever uphold the ideals the Framers enshrined in our Constitution, and let us never cease in our pursuit of the more perfect Union they imagined so many years ago.

In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution of February 29, 1952 (36 U.S.C. 106), designated September 17 as "Constitution Day and Citizenship Day," and by joint resolution of August 2, 1956 (36 U.S.C. 108), requested that the President proclaim the week beginning September 17 and ending September 23 of each year as "Constitution Week."

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim September 17, 2012, as Constitution Day and Citizenship Day, and September 17 through September 23, 2012, as Constitution Week. I encourage Federal, State, and local officials, as well as leaders of civic, social, and educational organizations, to conduct ceremonies and programs that bring together community members to reflect on the importance of active citizenship, recognize the enduring strength of our Constitution, and reaffirm our commitment to the rights and obligations of citizenship in this great Nation.

IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of September, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/13/presidential-proclamation-constitution-day-and-citizenship-day-constitut

Presidential Proclamation -- Honoring the Victims of the Attack in Benghazi, Libya

HONORING THE VICTIMS OF THE ATTACK IN BENGHAZI, LIBYA

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

As a mark of respect for the memory of John Christopher Stevens, United States Ambassador to Libya, and American personnel killed in the senseless attack on our diplomatic facility in Benghazi, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, September 16, 2012. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations.

IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of September, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/12/presidential-proclamation-honoring-victims-attack-benghazi-libya

Presidential Nominations Sent to the Senate

NOMINATIONS SENT TO THE SENATE:

Robert Stephen Beecroft, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iraq.

T. Charles Cooper, of Maryland, to be an Assistant Administrator of the United States Agency for International Development, vice Jeffrey J. Grieco.

Rose Eilene Gottemoeller, of Virginia, to be Under Secretary of State for Arms Control and International Security, vice Ellen O. Tauscher, resigned.

F. Scott Kieff, of Illinois, to be a Member of the United States International Trade Commission for the term expiring June 16, 2020, vice Daniel Pearson, term expired.

Joshua D. Wright, of Virginia, to be a Federal Trade Commissioner for the term of seven years from September 26, 2012, vice J. Thomas Rosch, term expiring.

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/11/presidential-nominations-sent-senate

Remarks by the Vice President at the Flight 93 National Memorial Commemorative Service

Flight 93 National Memorial

Shanksville, Pennsylvania

10:30 A.M. EDT

THE VICE PRESIDENT: Thank you, Mr. Secretary. Superintendent -- Jeff, you’ve done a remarkable job here. And the thing I notice when I speak to you about is you’re invested in this place. It sort of has a -- sort of stolen a piece of your heart. And that’s why I’m confident that all that you plan will happen.

Patrick, you’re keeping the flame alive, and keeping the families together is -- from my experience, I imagine you all find solace in seeing one another. There’s nothing like being able to talk with someone who you know understands.

And it’s an honor -- it’s a genuine honor to be back here today. But like all of the families, we wish we weren’t here. We wish we didn’t have to be here. We wish we didn’t have to commemorate any of this. And it’s a bittersweet moment for the entire nation, for all of the country, but particularly for those family members gathered here today.

Last year, the nation and all of your family members that are here commemorated the 10th anniversary of the heroic acts that gave definition to what has made America such a truly exceptional place -- the individual acts of heroism of ordinary people in moments that could not have been contemplated, but yet were initiated.

I also know from my own experience that today is just as momentous a day for all of you, just as momentous a day in your life, for each of your families, as every September 11th has been, regardless of the anniversary. For no matter how many anniversaries you experience, for at least an instant, the terror of that moment returns; the lingering echo of that phone call; that sense of total disbelief that envelops you, where you feel like you’re being sucked into a black hole in the middle of your chest.

My hope for you all is that as every year passes, the depth of your pain recedes and you find comfort, as I have, genuine comfort in recalling his smile, her laugh, their touch. And I hope you’re as certain as I am that she can see what a wonderful man her son has turned out to be, grown up to be; that he knows everything that your daughter has achieved, and that he can hear, and she can hear how her mom still talks about her, the day he scored the winning touchdown, how bright and beautiful she was on that graduation day, and know that he knows what a beautiful child the daughter he never got to see has turned out to be, and how much she reminds you of him. For I know you see your wife every time you see her smile on your child’s face. You remember your daughter every time you hear laughter coming from her brother’s lips. And you remember your husband every time your son just touches your hand.

I also hope -- I also hope it continues to give you some solace knowing that this nation, all these people gathered here today, who are not family members, all your neighbors, that they’ve not forgotten. They’ve not forgotten the heroism of your husbands, wives, sons, daughters, mothers, fathers. And that what they did for this country is still etched in the minds of not only you, but millions of Americans, forever. That’s why it’s so important that this memorial be preserved and go on for our children and our grandchildren, and our great-grandchildren, and our great-great-grandchildren -- because it is what makes it so exceptional. And I think they all appreciate, as I do, more than they can tell you, the incredible bravery your family members showed on that day.

I said last year my mom used to have an expression. She’d say, Joey, bravery resides in every heart, and someday it will be summoned. It’s remarkable -- remarkable -- how it was not only summoned, but acted on.

Today we stand on this hallowed ground, a place made sacred by the heroism and sacrifice of the passengers and the crew of Flight 93. And it’s as if the flowers, as I walked here, as if the flowers were giving testament to how sacred this ground is.

My guess -- and obviously it’s only a guess; no two losses are the same. But my guess is you’re living this moment that Yeats only wrote about, when he wrote, pray I will and sing I must, but yet I weep. Pray I will, sing I must, but yet I weep.

My personal prayer for all of you is that in every succeeding year, you’re able to sing more than you weep. And may God truly bless you and bless the souls of those 40 incredible people who rest in this ground. (Applause.)

END

10:37 A.M. EDT

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/11/remarks-vice-president-flight-93-national-memorial-commemorative-service

Readout of the President’s Meeting with Senior Administration Officials on Our Preparedness and Security Posture on the Eleventh Anniversary of September 11th

Earlier today the President heard from key national security principals on our preparedness and security posture on the eve of the eleventh anniversary of September 11th. Over the past month, Assistant to the President for Homeland Security and Counterterrorism John Brennan has convened numerous meetings to review security measures in place. During the briefing today, the President and the Principals discussed specific measures we are taking in the Homeland to prevent 9/11 related attacks as well as the steps taken to protect U.S. persons and facilities abroad, as well as force protection. The President reiterated that Departments and agencies must do everything possible to protect the American people, both at home and abroad.

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/10/readout-president-s-meeting-senior-administration-officials-our-prepared

Presidential Memorandum -- Presidential Determination on Trading With the Enemy Act

MEMORANDUM FOR THE SECRETARY OF STATE

THE SECRETARY OF THE TREASURY

SUBJECT: Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act

Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination on September 13, 2011 (76 FR 57623, September 15, 2011), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to terminate on September 14, 2012.

I hereby determine that the continuation for 1 year of the exercise of those authorities with respect to Cuba is in the national interest of the United States.

Therefore, consistent with the authority vested in me by section 101(b) of Public Law 95-223, I continue for 1 year, until September 14, 2013, the exercise of those authorities with respect to Cuba, as implemented by the Cuban Assets Control Regulations, 31 C.F.R. Part 515.

The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/10/presidential-memorandum-presidential-determination-trading-enemy-act

Executive Order -- Gulf Coast Ecosystem Restoration

EXECUTIVE ORDER

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GULF COAST ECOSYSTEM RESTORATION

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 311 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. 1321), section 1006 of the Oil Pollution Act of 1990 (33 U.S.C. 2706), and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1. Policy. Executive Order 13554 of October 5, 2010, was issued after the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulted in the largest oil spill in U.S. history (Deepwater Horizon Oil Spill). Executive Order 13554 recognized the Gulf Coast as a national treasure and addressed the longstanding ecological decline of that region, which was compounded by the Deepwater Horizon Oil Spill. In doing so, Executive Order 13554 established a Gulf Coast Ecosystem Restoration Task Force (Task Force) to coordinate intergovernmental efforts, planning, and the exchange of information in order to better implement Gulf Coast ecosystem restoration and facilitate appropriate accountability and support throughout the restoration process.

Since the implementation of Executive Order 13554, the Federal Government's Gulf Coast ecosystem restoration planning efforts have advanced significantly. The Task Force's Gulf of Mexico Regional Ecosystem Restoration Strategy (Strategy), created with input from Federal, State, tribal, and local governments, and thousands of involved citizens and organizations across the region, serves as a comprehensive restoration plan for addressing ecological concerns in the Gulf of Mexico. In light of the release of the Strategy, the ongoing work of the Natural Resource Damage Trustee Council (Trustee Council) under the Oil Pollution Act, and the recent passage of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act) (title I, subtitle F of Public Law 112-141), this order affirms the Federal Government's Gulf Coast ecosystem restoration efforts and realigns responsibilities to ensure the most effective governmental planning and coordination to reach these goals.

Sec. 2. Termination of the Gulf Coast Ecosystem Restoration Task Force. The progress of the Task Force is noteworthy. It has completed the Strategy and the preliminary planning and coordination tasks that it was intended to produce and has significantly advanced important ecosystem restoration goals for the Gulf of Mexico. In light of the recent creation, described below, of the Gulf Coast Ecosystem Restoration Council (Gulf Restoration Council), which will build upon the Task Force's already successful collaboration between Federal, State, and tribal governments and, as directed by statute, include and incorporate in its proposed comprehensive plan the findings and information prepared by the Task Force, the Task Force shall terminate no later than 60 days after the Gulf Restoration Council commences its work. The functions of the Task Force will be performed by the Gulf Restoration Council and the Trustee Council to the extent practicable, as set forth in this order. Prior to its termination, the Task Force will provide such assistance as is appropriate to the Gulf Restoration Council.

Sec. 3. The Gulf Coast Restoration Trust Fund and the Gulf Coast Ecosystem Restoration Council.

(a) Gulf Coast Restoration Trust Fund. The RESTORE Act, which was signed into law as part of the Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), established a mechanism for providing funding to the Gulf region to restore ecosystems and rebuild local economies damaged by the Deepwater Horizon Oil Spill. The RESTORE Act established in the Treasury of the United States the Gulf Coast Restoration Trust Fund (Trust Fund), consisting of 80 percent of an amount equal to any administrative and civil penalties paid after the date of the RESTORE Act by the responsible parties in connection with the Deepwater Horizon Oil Spill to the United States pursuant to a court order, negotiated settlement, or other instrument in accordance with section 311 of the FWPCA (33 U.S.C. 1321).

(b) Gulf Coast Ecosystem Restoration Council. The RESTORE Act established the Gulf Restoration Council, an independent entity charged with developing a comprehensive plan for ecosystem restoration in the Gulf Coast (Comprehensive Plan), as well as any future revisions to the Comprehensive Plan. Among its other duties, the Gulf Restoration Council is tasked with identifying projects and programs aimed at restoring and protecting the natural resources and ecosystems of the Gulf Coast region, to be funded from a portion of the Trust Fund; establishing such other advisory committees as may be necessary to assist the Gulf Restoration Council, including a scientific advisory committee and a committee to advise the Gulf Restoration Council on public policy issues; gathering information relevant to Gulf Coast restoration, including through research, modeling, and monitoring; and providing an annual report to the Congress on implementation progress. Consistent with the RESTORE Act, the Comprehensive Plan developed by the Gulf Restoration Council will include provisions necessary to fully incorporate the Strategy, projects, and programs recommended by the Task Force.

(c) Federal members of the Gulf Restoration Council and Trustee Council, as well as all Federal entities involved in Gulf Coast restoration, shall work closely with one another to advance their common goals, reduce duplication, and maximize consistency among their efforts. All Federal members are directed to consult with each other and with all non-federal members in carrying out their duties on the Gulf Restoration Council.

Sec. 4. Ongoing Role of the Natural Resource Damage Assessment Trustee Council. (a) Executive Order 13554 recognized the role of the Trustee Council, and designated trustees as provided in 33 U.S.C. 2706, with trusteeship over natural resources injured, lost, or destroyed as a result of the Deepwater Horizon Oil Spill. Specifically, Executive Order 13554 recognized the importance of carefully coordinating the work of the Task Force with the Trustee Council, whose members have statutory responsibility to assess natural resources damages from the Deepwater Horizon Oil Spill, to restore trust resources, and seek compensation for lost use of those trust resources. Section 3(b) of Executive Order 13554 instructed the Task Force to "support the Natural Resource Damage Assessment process by referring potential ecosystem restoration actions to the . . . Trustee Council for consideration and facilitating coordination among the relevant departments, agencies, and offices, as appropriate, subject to the independent statutory responsibilities of the trustees." The Department of Commerce (through the National Oceanic and Atmospheric Administration), the Department of the Interior (through the Fish and Wildlife Service and the National Park Service), and the Department of Justice have worked to identify linkages and opportunities for the Task Force to complement the restoration progress of the Trustee Council.

(b) Section 7(e) of Executive Order 13554 provides that nothing in that order shall interfere with the statutory responsibilities and authority of the Trustee Council or the individual trustees to carry out their statutory responsibilities to assess natural resource damages and implement restoration actions under 33 U.S.C. 2706 and other applicable law. Agencies that were members of the Task Force shall continue to comply with these requirements.

Sec. 5. Designating Trustees for Natural Resource Damage Assessment. Given their authorities, programs, and expertise, the Environmental Protection Agency (EPA) and the Department of Agriculture (USDA) have institutional capacities that can contribute significantly to the Natural Resource Damage Assessment and restoration efforts, including scientific and policy expertise as well as experience gained in the Task Force process and other planning efforts in the Gulf area. In addition, EPA's and USDA's relevant authorities cover a range of natural resources and their supporting ecosystems, including waters, sediments, barrier islands, wetlands, soils, land management, air resources, and drinking water supplies. The inclusion of EPA and USDA as trustees participating in the Natural Resource Damage Assessment and restoration efforts will maximize coordination across the Federal Government and enhance overall efficiencies regarding Gulf Coast ecosystem restoration. Accordingly, without limiting the designations in Executive Order 12777 of October 18, 1991, or any other existing designations, and pursuant to section 2706(b)(2) of title 33, United States Code, I hereby designate the Administrator of EPA and the Secretary of Agriculture as additional trustees for Natural Resource Damage Assessment and restoration solely in connection with injury to, destruction of, loss of, or loss of use of natural resources, including their supporting ecosystems, resulting from the Deepwater Horizon Oil Spill. The addition of these Federal trustees does not, in and of itself, alter any existing agreements among or between the trustees and any other entity. All Federal trustees are directed to consult, coordinate, and cooperate with each other in carrying out all of their trustee duties and responsibilities.

The Administrator of EPA is hereby directed to revise Subpart G of the National Oil and Hazardous Substances Pollution Contingency Plan to reflect the designations for the Deepwater Horizon Oil Spill discussed in this section.

Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to a department or agency, or the head thereof; or

(ii) the functions of the Trustee Council, or those of the Director of the Office of Management and Budget, relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) Executive Order 13554 of October 5, 2010, is hereby revoked concurrent with the termination of the Task Force under the terms described in section 2 of this order.

BARACK OBAMA

via White House.gov Press Office Feed http://www.whitehouse.gov/the-press-office/2012/09/10/executive-order-gulf-coast-ecosystem-restoration