[Title 3 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2010 Edition]
[From the U.S. Government Printing Office]
3
2009 Compilation
and
Parts 100-102
Revised as of January 1, 2010
The President
________________________
Published by:
Office of the Federal Register
National Archives and Records Administration
A Special Edition of the Federal Register
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TABLE OF CONTENTS
Page
List of Title 3 Compilations..........................................iv
Explanation of the Code of Federal Regulations........................vi
Explanation of This Title.............................................ix
How To Cite This Title................................................xi
Title 3.............................................................xiii
2009 Compilation--Presidential Documents..........................1
Chapter I--Executive Office of the President....................417
Title 3 Finding Aids.................................................427
Tables..........................................................429
List of CFR Sections Affected...................................451
Index...........................................................453
CFR Finding Aids.....................................................465
Table of CFR Titles and Chapters................................467
Alphabetical List of Agencies Appearing in the CFR..............487
TITLE 3 COMPILATIONS
------------------------------------------------------------------------
Title 3 Compilations Proclamations Executive Orders
------------------------------------------------------------------------
1936-1938...................... 2161-2286......... 7316-7905
1938-1943...................... 2287-2587......... 7906-9347
1943-1948...................... 2588-2823......... 9348-10025
1949-1953...................... 2824-3041......... 10026-10510
1954-1958...................... 3042-3265......... 10511-10797
1959-1963...................... 3266-3565......... 10798-11134
1964-1965...................... 3566-3694......... 11135-11263
1966-1970...................... 3695-4025......... 11264-11574
1971-1975...................... 4026-4411......... 11575-11893
1976........................... 4412-4480......... 11894-11949
1977........................... 4481-4543......... 11950-12032
1978........................... 4544-4631......... 12033-12110
1979........................... 4632-4709......... 12111-12187
1980........................... 4710-4812......... 12188-12260
1981........................... 4813-4889......... 12261-12336
1982........................... 4890-5008......... 12337-12399
1983........................... 5009-5142......... 12400-12456
1984........................... 5143-5291......... 12457-12497
1985........................... 5292-5424......... 12498-12542
1986........................... 5425-5595......... 12543-12579
1987........................... 5596-5759......... 12580-12622
1988........................... 5760-5928......... 12623-12662
1989........................... 5929-6084......... 12663-12698
1990........................... 6085-6240......... 12699-12741
1991........................... 6241-6398......... 12742-12787
1992........................... 6399-6520......... 12788-12827
1993........................... 6521-6643......... 12828-12890
1994........................... 6644-6763......... 12891-12944
1995........................... 6764-6859......... 12945-12987
1996........................... 6860-6965......... 12988-13033
1997........................... 6966-7061......... 13034-13071
1998........................... 7062-7161......... 13072-13109
1999........................... 7162-7262......... 13110-13144
2000........................... 7263-7389......... 13145-13185
2001........................... 7263-7516......... 13145-13251
2002........................... 7517-7635......... 13252-13282
2003........................... 7636-7748......... 13283-13323
2004........................... 7749-7858......... 13324-13368
2005........................... 7859-7972......... 13369-13394
2006........................... 7873-8098......... 13395-13421
2007........................... 8099-8214......... 13422-13453
2008........................... 8215-8334......... 13454-13483
2009........................... 8335-8469......... 13484-13527
------------------------------------------------------------------------
Beginning with 1976, Title 3 compilations also include regulations
contained in Chapter I, Executive Office of the President.
Supplementary publications include: Presidential documents of the Hoover
Administration (two volumes), Proclamations 1870-2037 and Executive
Orders 5076-6070; Consolidated Indexes for 1936-1965; and Consolidated
Tables for 1936-1965.
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, January 1, 2010), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
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Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request. Many agencies have begun publishing numerous OMB
control numbers as amendments to existing regulations in the CFR. These
OMB numbers are placed as close as possible to the applicable
recordkeeping or reporting requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate
volumes. For the period beginning January 1, 2001, a ``List of CFR
Sections Affected'' is published at the end of each CFR volume.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
and parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of textual material
appearing in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-741-6000
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408 or e-mail
[email protected].
SALES
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ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
Register, Public Laws, Public Papers, Compilation of Presidential
Documents and the Privacy Act Compilation are available in electronic
format at www.gpoaccess.gov/nara (``GPO Access''). For more information,
contact Electronic Information Dissemination Services, U.S. Government
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The Office of the Federal Register also offers a free service on the
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information. Connect to NARA's web site at www.archives.gov/federal--
register. The NARA site also contains links to GPO Access.
Raymond A. Mosley,
Director,
Office of the Federal Register.
January 1, 2010.
EXPLANATION OF THIS TITLE
This volume of ``Title 3--The President'' contains a compilation of
Presidential documents and a codification of regulations issued by the
Executive Office of the President.
The 2009 Compilation contains the full text of those documents
signed by the President that were required to be published in the
Federal Register. Signature date rather than publication date is the
criterion for inclusion. With each annual volume, the Presidential
documents signed in the previous year become the new compilation.
Chapter I contains regulations issued by the Executive Office of the
President. This section is a true codification like other CFR volumes,
in that its contents are organized by subject or regulatory area and are
updated by individual issues of the Federal Register.
Presidential documents in this volume may be cited ``3 CFR, 2009
Comp.'' Thus, the preferred abbreviated citation for Proclamation 8335
appearing on page 1 of this book, is ``3 CFR, 2009 Comp., p. 1.''
Chapter I entries may be cited ``3 CFR.'' Thus, the preferred
abbreviated citation for section 100.1, appearing in chapter I of this
book, is ``3 CFR 100.1.''
This book is one of the volumes in a series that began with
Proclamation 2161 of March 19, 1936, and Executive Order 7316 of March
13, 1936, and that has been continued by means of annual compilations
and periodic cumulations. The entire Title 3 series, as of January 1,
2010, is encompassed in the volumes listed on page iv.
For readers interested in proclamations and Executive orders prior
to 1936, there is a two-volume set entitled Proclamations and Executive
Orders, Herbert Hoover (March 4, 1929, to March 4, 1933). Codified
Presidential documents are published in the Codification of Presidential
Proclamations and Executive Orders (April 13, 1945--January 20, 1989).
Other public Presidential documents not required to be published in the
Federal Register, such as speeches, messages to Congress, and
statements, can be found in the Compilation of Presidential Documents
and the Public Papers of the Presidents series. A selection of these
Office of the Federal Register publications are available for sale from
the Superintendent of Documents, Government Printing Office, Washington,
DC 20402.
This book was prepared in the Presidential Documents and Legislative
Division under the supervision of Stacey A. Mulligan. The Chief Editor
for the 2009 Compilation was Michael J. Forcina.
________________________________________________________________________
Cite Presidential documents in this volume
3 CFR, 2009 Comp.
thus: 3 CFR, 2009 Comp., p. 1
________________________________________________________________________
Cite chapter I entries in this volume
3 CFR
thus: 3 CFR 100.1
________________________________________________________________________
TITLE 3--THE PRESIDENT
Page
2009 Compilation--Presidential Documents:
Proclamations.....................................................1
Executive Orders................................................183
Other Presidential Documents....................................329
Chapter I--Executive Office of the President:
Part 100.........................................................418
Part 101.........................................................418
Part 102.........................................................418
Finding Aids:
Table 1--Proclamations...........................................429
Table 2--Executive Orders........................................433
Table 3--Other Presidential Documents............................437
Table 4--Presidential Documents Affected During 2009.............443
Table 5--Statutes Cited as Authority for Presidential Documents..447
List of CFR Sections Affected....................................451
Index............................................................453
CFR Finding Aids:
Table of CFR Titles and Chapters.................................467
Alphabetical List of Agencies Appearing in the CFR...............487
2009 Compilation--Presidential Documents
________________________________________________________________________
PROCLAMATIONS
________________________________________________________________________
Proclamation 8335 of January 6, 2009
Establishment of the Marianas Trench Marine National Monument
By the President of the United States of America
A Proclamation
Over approximately 480 nautical miles, the Mariana Archipelago
encompasses the 14 islands of the United States Commonwealth of the
Northern Mariana Islands and the United States Territory of Guam that
sit atop the Mariana Ridge in an area known as the Mariana Volcanic Arc.
The Mariana Volcanic Arc is part of a subduction system in which the
Pacific Plate plunges beneath the Philippine Sea Plate and into the
Earth's mantle, creating the Mariana Trench. Six of the archipelago's
islands have been volcanically active in historic times, and numerous
seamounts along the Mariana Ridge are volcanically or hydrothermically
active. The Mariana Trench is approximately 940 nautical miles long and
38 nautical miles wide within the United States Exclusive Economic Zone
and contains the deepest known points in the global ocean.
The Mariana Volcanic Arc contains objects of scientific interest,
including the largest active mud volcanoes on Earth. The Champagne vent,
located at the Eifuku submarine volcano, produces almost pure liquid
carbon dioxide. This phenomenon has only been observed at one other site
in the world. The Sulfur Cauldron, a pool of liquid sulfur, is found at
the Daikoku submarine volcano. The only other known location of molten
sulfur is on Io, a moon of Jupiter. Unlike other reefs across the
Pacific, the northernmost Mariana reefs provide unique volcanic habitats
that support marine biological communities requiring basalt. Maug Crater
represents one of only a handful of places on Earth where photosynthetic
and chemosynthetic communities of life are known to come together.
The waters of the archipelago's northern islands are among the most
biologically diverse in the Western Pacific and include the greatest
diversity of seamount and hydrothermal vent life yet discovered. These
volcanic islands are ringed by coral ecosystems with very high numbers
of apex predators, including large numbers of sharks. They also contain
one of the most diverse collections of stony corals in the Western
Pacific. The northern islands and shoals in the archipelago have
substantially higher large fish biomass, including apex predators, than
the southern islands and Guam. The waters of Farallon de Pajaros (also
known as Uracas), Maug, and Asuncion support some of the largest biomass
of reef fishes in the Mariana Archipelago. These relatively pristine
coral reef ecosystems are objects of scientific interest and essential
to the long-term study of tropical marine ecosystems.
WHEREAS the submerged volcanic areas of the Mariana Ridge, the coral
reef ecosystems of the waters surrounding the islands of Farallon de
Pajaros, Maug, and Asuncion in the Commonwealth of the Northern Mariana
Islands, and the Mariana Trench contain objects of scientific interest
that are situated upon lands owned or controlled by the Government of
the United States;
WHEREAS the United States continues to act in accordance with the
balance of interests relating to traditional uses of the oceans
recognizing freedom of navigation and overflight and other
internationally recognized lawful uses of the sea;
WHEREAS the islands, waters, and airspace of the Mariana Ridge are of
particular importance to the national security of the United States;
WHEREAS section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C.
431) (the ``Antiquities Act'') authorizes the President, in his
discretion, to declare by public proclamation historic landmarks,
historic and prehistoric structures, and other objects of historic or
scientific interest that are situated upon lands owned or controlled by
the Government of the United States to be national monuments, and to
reserve as a part thereof parcels of land, the limits of which in all
cases shall be confined to the smallest area compatible with the proper
care and management of the objects to be protected;
WHEREAS it is in the public interest to preserve the known volcanic
areas of the Mariana Ridge, the marine environment around the islands of
Farallon de Pajaros, Maug, and Asuncion in the Commonwealth of the
Northern Mariana Islands, and the Mariana Trench for the care and
management of the scientific objects therein:
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by the authority vested in me by section 2 of the Antiquities
Act do proclaim that there are hereby set apart and reserved as the
Marianas Trench Marine National Monument (the ``monument'' or ``marine
national monument'') for the purpose of protecting the objects
identified above, all lands and interests in lands owned or controlled
by the Government of the United States within the boundaries described
below and depicted on the accompanying map entitled ``Marianas Trench
Marine National Monument'' attached to and forming a part of this
proclamation. The monument includes the waters and submerged lands of
the three northernmost Mariana Islands (the ``Islands Unit'') and only
the submerged lands of designated volcanic sites (the ``Volcanic Unit'')
and the Mariana Trench (the ``Trench Unit'') to the extent described as
follows: The seaward boundaries of the Islands Unit of the monument
extend to the lines of latitude and longitude depicted on the
accompanying map, which lie approximately 50 nautical miles from the
mean low water line of Farallon de Pajaros (Uracas), Maug, and Asuncion.
The inland boundary of the Islands Unit of the monument is the mean low
water line. The boundary of the Trench Unit of the monument extends from
the northern limit of the Exclusive Economic Zone of the United States
in the Commonwealth of the Northern Mariana Islands to the southern
limit of the Exclusive Economic Zone of the United States in Guam
approximately following the points of latitude and longitude identified
on the accompanying map. The boundaries of the Volcanic Unit of the
monument include a circle drawn with a 1 nautical mile radius centered
on each of the volcanic features identified on the accompanying map and
its legend. The Federal land and interests in land reserved consists of
approximately 95,216 square miles of submerged lands and waters of the
Mariana Archipelago, which is the smallest area compatible with the
proper care and management of the objects to be protected.
Submerged lands that by legislation are subsequently granted by the
United States to the Commonwealth of the Northern Mariana Islands but
remain controlled by the United States under the Antiquities Act may
remain part of the monument, for coordination of management with the
Government of the Commonwealth of the Northern Mariana Islands. Any
submerged lands and interests in submerged lands within the monument not
owned or controlled by the United States shall be reserved as a part of
the monument upon acquisition of title or control by the United States.
Management of the Marine National Monument
The Secretaries of Commerce, through the National Oceanic and
Atmospheric Administration, and the Interior, shall manage the monument
pursuant to applicable legal authorities and in consultation with the
Secretary of Defense. The Secretary of the Interior shall have
management responsibility for the monument, in consultation with the
Secretary of Commerce, except that the Secretary of Commerce shall have
the primary management responsibility, in consultation with the
Secretary of the Interior, with respect to fishery-related activities
regulated pursuant to the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and any other applicable
authorities. The Secretaries of the Interior and Commerce shall not
allow or permit any appropriation, injury, destruction, or removal of
any feature of this monument except as provided for by this proclamation
or as otherwise provided for by law.
The Secretaries of the Interior and Commerce shall take appropriate
action pursuant to their respective authorities under the Antiquities
Act and the Magnuson-Stevens Fishery Conservation and Management Act,
and such other authorities as may be available to implement this
proclamation, to regulate fisheries, and to ensure proper care and
management of the monument.
Regulation of Scientific Exploration and Research
Subject to such terms and conditions as the Secretary deems necessary
for the care and management of the objects of this monument, the
Secretary of the Interior may permit scientific exploration and research
within the monument, including incidental appropriation, injury,
destruction, or removal of features of this monument for scientific
study, and the Secretary of Commerce may permit fishing within the
monument for scientific exploration and research purposes to the extent
authorized by the Magnuson-Stevens Fishery Conservation and Management
Act. The prohibitions required by this proclamation shall not restrict
scientific exploration or research activities by or for the Secretaries,
and nothing in this proclamation shall be construed to require a permit
or other authorization from the other Secretary for their respective
scientific activities.
Regulation of Fishing and Management of Fishery Resources
Within the Islands Unit of the monument, the Secretary of Commerce shall
prohibit commercial fishing. Subject to such terms and conditions as the
Secretary of Commerce deems necessary for the care and management of the
objects of the Islands Unit, the Secretary, consistent with Executive
Order 12962 of June 7, 1995, as amended, shall ensure that sustenance,
recreational, and traditional indigenous fishing shall be managed as a
sustainable activity consistent with other applicable law and after due
consideration with respect to traditional indigenous fishing of any
determination by the Government of the Commonwealth of the Northern
Mariana Islands.
Monument Management Planning
The Secretaries of the Interior and Commerce shall, within 2 years of
the date of this proclamation, prepare management plans within their
respective authorities and promulgate implementing regulations that
address any further specific actions necessary for the proper care and
management of the objects identified in this proclamation. In developing
and implementing any management plans and any management rules and
regulations, the Secretaries shall designate and involve as cooperating
agencies the agencies with jurisdiction or special expertise, including
the Department of Defense, the Department of State, and other agencies
through scoping in accordance with the National Environmental Policy Act
(42 U.S.C. 4321 et seq.), its implementing regulations and with
Executive Order 13352 of August 26, 2004, Facilitation of Cooperative
Conservation, and shall treat as a cooperating agency the Government of
the Commonwealth of the Northern Mariana Islands, consistent with these
authorities. The monument management plans shall ensure that the
monument will be administered in accordance with this proclamation, and
shall, as appropriate to their respective authorities, provide for:
1. management of the Islands Unit of the monument, in consultation with
the Government of the Commonwealth of the Northern Mariana Islands,
including designation of specific roles and responsibilities and the
means of consultation on management decisions as appropriate, without
affecting the respective authorities or jurisdictions of the
Commonwealth of the Northern Mariana Islands or the Secretaries of the
Interior or of Commerce;
2. public education programs and public outreach regarding the coral
reef ecosystem and related marine resources and species of the monument
and efforts to conserve them;
3. traditional access by indigenous persons, as identified by the
Secretaries in consultation with the Government of the Commonwealth of
the Northern Mariana Islands, for culturally significant subsistence,
cultural and religious uses within the monument;
4. a program to assess and promote monument-related scientific
exploration and research, tourism, and recreational and economic
activities and opportunities in the Commonwealth of the Northern Mariana
Islands;
5. a process to consider requests for recreational fishing permits in
certain areas of the Islands Unit, based on an analysis of the likely
effects of such fishing on the marine ecosystems of these areas, sound
professional judgment that such fishing will not materially interfere
with or detract from the fulfillment of the purposes of this
proclamation, and the extent to which such recreational fishing shall be
managed as a sustainable activity consistent with Executive Order 12962,
as amended, and other applicable law; and
6. programs for monitoring and enforcement necessary to ensure that
scientific exploration and research, tourism, and recreational and
commercial activities do not degrade the monument's coral reef ecosystem
or related marine resources or species or diminish the monument's
natural character.
The management plans and their implementing regulations shall impose no
restrictions on innocent passage in the territorial sea or otherwise
restrict navigation, overflight, and other internationally recognized
lawful uses of the sea, and shall incorporate the provisions of this
proclamation regarding Armed Forces actions and compliance with
international law.
This proclamation shall be applied in accordance with international law.
No restrictions shall apply to or be enforced against a person who is
not a citizen, national, or resident alien of the United States
(including foreign flag vessels) unless in accordance with international
law.
Nothing in this proclamation shall be deemed to diminish or enlarge the
jurisdiction of the Commonwealth of the Northern Mariana Islands.
Advisory Council
The Secretaries of the Interior and Commerce, within 3 months of the
date of this proclamation and after considering recommendations from the
Governor of the Commonwealth of the Northern Mariana Islands, the
Secretary of Defense, and the Secretary of Homeland Security, shall
establish the Mariana Monument Advisory Council to provide advice and
recommendations on the development of management plans and management of
the monument. The Advisory Council shall consist of three officials of
the Government of the Commonwealth of the Northern Mariana Islands and
one representative each from the Department of Defense and the United
States Coast Guard.
Members of the Advisory Council will be appointed for a term of 3 years
by the Secretaries of the Interior and Commerce after nomination by the
head of the pertinent executive branch agency or, with respect to the
officials of the Government of the Commonwealth of the Northern Mariana
Islands, by the Governor of the Commonwealth of the Northern Mariana
Islands. The Advisory Council will adopt such procedures as it deems
necessary to govern its activities. Each participating agency shall be
responsible for the expenses of its representative and the Departments
of the Interior and Commerce shall be equally responsible for the costs
of the Advisory Council.
Emergencies, National Security, and Law Enforcement Activities
1. The prohibitions required by this proclamation shall not apply to
activities necessary to respond to emergencies threatening life,
property, or the environment, or to activities necessary for national
security or law enforcement purposes.
2. Nothing in this proclamation shall limit agency actions to respond to
emergencies posing an unacceptable threat to human health or safety or
to the marine environment and admitting of no other feasible solution.
Armed Forces Actions
1. The prohibitions required by this proclamation shall not apply to
activities and exercises of the Armed Forces (including those carried
out by the United States Coast Guard).
2. The Armed Forces shall ensure, by the adoption of appropriate
measures not impairing operations or operational capabilities, that its
vessels and aircraft act in a manner consistent, so far as is reasonable
and practicable, with this proclamation.
3. In the event of threatened or actual destruction of, loss of, or
injury to a monument living marine resource resulting from an incident,
including but not limited to spills and groundings, caused by a
component of the Department of Defense or the United States Coast Guard,
the cognizant component shall promptly coordinate with the Secretary of
the Interior or Commerce, as appropriate, for the purpose of taking
appropriate actions to respond to and mitigate any actual harm and, if
possible, restore or replace the monument resource or quality.
4. Nothing in this proclamation or any regulation implementing it shall
limit or otherwise affect the Armed Forces' discretion to use, maintain,
improve, manage, or control any property under the administrative
control of a Military Department or otherwise limit the availability of
such property for military mission purposes.
This proclamation 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 agencies, instrumentalities, or
entities, its officers, employees, agents, or any other person.
All Federal lands and interests in lands within the boundaries of this
monument are hereby withdrawn from all forms of entry, location,
selection, sale, or leasing or other disposition under the public land
laws, to the extent that those laws apply.
The establishment of this monument is subject to valid existing rights.
Nothing in this proclamation shall be deemed to revoke any existing
withdrawal, reservation, or appropriation; however, the national
monument shall be dominant over any other existing Federal withdrawal,
reservation, or appropriation.
Warning is hereby given to all unauthorized persons not to appropriate,
excavate, injure, destroy, or remove any feature of this monument and
not to locate or settle upon any lands thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of
January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
[GRAPHIC] [TIFF OMITTED] TD12JA09.000
Proclamation 8336 of January 6, 2009
Establishment of the Pacific Remote Islands Marine National Monument
By the President of the United States of America
A Proclamation
The Pacific Remote Islands area consists of Wake, Baker, Howland, and
Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll, which
lie to the south and west of Hawaii. With the exception of Wake Island,
these islands are administered as National Wildlife Refuges by the
United States Fish and Wildlife Service of the Department of the
Interior. These refuges are an important part of the most widespread
collection of marine- and terrestrial-life protected areas on the planet
under a single country's jurisdiction. They sustain many endemic species
including corals, fish, shellfish, marine mammals, seabirds, water
birds, land birds, insects, and vegetation not found elsewhere.
Wake Island, to the west of Honolulu, Hawaii, is the northernmost atoll
in the Marshall Islands geological ridge and perhaps the oldest living
atoll in the world. Though it was substantially modified by the United
States to create a military base before and after World War II, its
major habitats are the three low coral islands consisting of shells,
coral skeletons, and sand, supporting atoll vegetation adapted to arid
climate. Wake Island supports 12 species of resident nesting seabirds
and 6 species of migratory shorebirds, including 2 species of
tropicbirds, 3 species of boobies, Great Frigatebird, Sooty Tern, Brown
Noddy, and Wedge-tailed Shearwater. Black-footed Albatross and Laysan
Albatross recently recolonized Wake Island, making it one of the few
northern albatross colonies outside the Hawaiian archipelago.
Shallow coral reefs thrive around the perimeter of Wake Island. Fish
populations are abundant and support at least 323 species, including
large populations of the Napoleon wrasse (Chelinus), sharks of several
species, and large schools of the Bumphead parrotfish (Bolbometapon),
all of which are globally depleted. Beyond the shallow reefs, the outer
reef slope descends sharply to great depths.
Baker, Howland, and Jarvis Islands were first formed as fringing reefs
around islands formed by Cretaceous-era volcanoes (approximately 120-75
million years ago). As the volcanoes subsided, the coral reefs grew
upward, maintaining proximity to the sea surface. These low coral
islands consist of coral rock, shells, and sand that support trees,
shrubs, and grasses adapted to the arid climate at the equator. All
three are surrounded by shallow coral reefs to depths of 100 meters,
below which the reef slope descends steeply to great depths. Deep coral
forests occur below photic zones of all three islands at depths below
200 meters, especially at Jarvis where surveys have revealed living
colonies of precious and ancient gold coral up to 5,000 years old.
The waters surrounding Baker, Howland, and Jarvis Islands have fish
biomass double that of the Papahanaumokuakea Marine National Monument,
and 16 times that of the main Hawaiian Islands, due to the Equatorial
Undercurrent that moves from west to east along the equator, creating
localized nutrient-rich upwellings in shallows next to the islands.
These are three of only six islands in the entire Pacific Ocean where
this phenomenon is possible. These islands are high in coral cover and
biodiversity and are predator-dominated systems. Their biomass of top
predators exceeds that of the Great Barrier Reef or Kenyan Marine
Protected Areas. The islands now host about a dozen nesting bird species
including several nesting and migratory bird species that are of
conservation significance. Jarvis alone has nearly 3 million pairs of
Sooty Terns. There are about 300 fish species found off the islands.
Giant clams (Tridacna), Napoleon wrasses, and Bumphead parrotfish are
common, and sharks of many species are especially abundant at Jarvis and
commonly larger there than elsewhere. Endangered hawksbill turtle and
threatened green turtles forage in nearshore waters. All three islands
afford unique opportunities to conduct climate change research at the
equator, far from population centers. The coral skeletons there have
recorded the earth's climatic history for many millions of years.
Johnston Atoll, the northernmost island in the island chain, is an
ancient atoll and probably one of the oldest in the Pacific Ocean.
Unlike most atolls, it does not have a surrounding barrier reef but has
a semicircular emergent reef around the north and western margins of the
island. Four major habitats characterize Johnston: low-lying islets
consisting of the remains of corals and shells, shallow coral reefs to
depths of 150 meters, deeper reefs to depths of 1,000 meters or more,
and the slope of the ancient volcano on which the island rests.
Johnston is a genetic and larval stepping stone from the Remote Islands
to the Hawaiian Islands for invertebrates, other reef fauna, corals, and
dolphins. Despite its isolation, Johnston supports thriving communities
of Table corals (Acropora) and a total of 45 coral species, including a
dozen species confined to the Hawaiian and northern Line Islands. Some
300 species of reef fish are at Johnston, including the endemic
Nahacky's pygmy angelfish. Many threatened, endangered, and depleted
species thrive there, including the green turtle, hawksbill turtle,
pearl oyster, giant clams, reef sharks, groupers, humphead wrasse,
bumphead parrotfish, whales, and dolphins. Endangered Hawaiian Monk
Seals occasionally visit the atoll. Deep diving submersible surveys have
revealed that Johnston supports the deepest reef building corals
(Leptoseris) on record and large populations of hydrozoan corals
(Millepora, Distichopora, Staylaster). Land areas support large
populations of migratory shorebirds and resident seabird species,
including populations of regional, national, or international
significance: Wedge-tailed Shearwaters, Christmas Shearwaters, Red-
tailed Tropicbirds, Brown Boobies, Great Frigatebirds, Gray-backed
Terns, and White Terns. Approximately 200 threatened Green turtles
forage at Johnston. The surrounding waters are used by six depleted or
endangered listed cetacean species: Sperm, Blue, Sei, Humpback, and
North Pacific Right whales. Spinner dolphins are abundant, and
endangered Humpback whales may calve there.
Palmyra Atoll is a classic Darwinian atoll that formed atop a sinking
Cretaceous-era volcano. Kingman Reef formed in the same manner but is
considered an atoll reef because it lacks permanent fast land areas or
islands. Kingman Reef contains a sheltered lagoon that served as a way
station for flying boats on Hawaii-to-American Samoa flights during the
late 1930s. There are no terrestrial plants on the reef, which is
frequently awash, but it does support abundant and diverse marine fauna
and flora. Palmyra Atoll is managed by the United States Fish and
Wildlife Service as a wildlife refuge. In 2001, the Secretary of the
Interior established National Wildlife Refuges at Palmyra Atoll and
Kingman Reef.
Palmyra Atoll and Kingman Reef are known to be among the most pristine
coral reefs in the world, with a fully structured inverted food web.
Kingman Reef is the most pristine of any reef under U.S. jurisdiction.
They are ideal laboratories for assessing effects of climate change
without the difficulty of filtering anthropogenic impacts. Both Palmyra
Atoll and Kingman Reef support higher levels of coral and other
cnidarian species diversity (180-190 species) than any other atoll or
reef island in the central Pacific, twice as many as are found in Hawaii
or Florida. Palmyra atoll has one of the best remaining examples of
Pisonia grandis forest found in the Pacific region. This forest type has
been lost or severely degraded over much of its range due to increased
human population and development. Fish species diversity at Palmyra (418
species) is higher than, while that of Kingman (297 species) is
comparable to, that of the other remote Pacific refuges. Many
threatened, endangered, and depleted species thrive there, including the
green and hawksbill turtle, pearl oyster, giant clams (the highest
concentration in the Pacific Remote Island Area), reef sharks, Coconut
crabs, groupers, humphead and Napoleon wrasse, bumphead parrotfish, and
dolphins. Significant numbers of threatened green turtles forage at both
atolls, especially at Palmyra; endangered Hawksbill sea turtles forage
at both atolls. Large schools of rare Melon-headed whales reside off
both atolls. A possibly new species of beaked whale was recently
described from 2 specimens stranded at Palmyra and 1 at Christmas
Island. Palmyra supports 11 nesting seabird species including the third-
largest Red-footed Booby colony in the world. Large numbers of Bristle-
thighed Curlews, a migratory shorebird of conservation significance,
winter at Palmyra.
WHEREAS Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll,
Kingman Reef, and Palmyra Atoll and their surrounding waters contain
objects of historic or scientific interest that are situated upon lands
owned or controlled by the Government of the United States;
WHEREAS the Department of Defense has historically maintained
facilities, defensive areas, and airspace reservations at Wake Island
and Johnston Atoll;
WHEREAS the United States continues to act in accordance with the
balance of interests relating to traditional uses of the oceans
recognizing freedom of navigation and overflight and other
internationally recognized lawful uses of the sea;
WHEREAS section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C.
431) (the ``Antiquities Act'') authorizes the President, in his
discretion, to declare by public proclamation historic landmarks,
historic and prehistoric structures, and other objects of historic or
scientific interest that are situated upon lands owned or controlled by
the Government of the United States to be national monuments, and to
reserve as a part thereof parcels of land, the limits of which in all
cases shall be confined to the smallest area compatible with the proper
care and management of the objects to be protected;
WHEREAS it is in the public interest to preserve the marine environment
around the islands of Wake, Baker, Howland, and Jarvis Islands, Johnston
Atoll, Kingman Reef, and Palmyra Atoll for the care and management of
the historic and scientific objects therein:
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by the authority vested in me by section 2 of the Antiquities
Act, do proclaim that there are hereby set apart and reserved as the
Pacific Remote Islands Marine National Monument (the ``monument'' or
``marine national monument'') for the purpose of protecting the objects
identified above, all lands and interests in lands owned or controlled
by the Government of the United States within the boundaries described
below and depicted on the accompanying maps entitled ``Pacific Remote
Islands Marine National Monument'' attached to and forming a part of
this proclamation. The monument includes the waters and submerged and
emergent lands of the Pacific Remote Islands to the lines of latitude
and longitude depicted on the accompanying maps, which lie approximately
50 nautical miles from the mean low water lines of Wake, Baker, Howland,
and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll. The
Federal land and interests in land reserved consists of approximately
86,888 square miles, which is the smallest area compatible with the
proper care and management of the objects to be protected.
All Federal lands and interests in lands within the boundaries of this
monument are hereby withdrawn from all forms of entry, location,
selection, sale, leasing, or other disposition under the public land
laws to the extent that those laws apply. Lands and interests in lands
within the monument not owned or controlled by the United States shall
be reserved as a part of the monument upon acquisition of title or
control by the United States.
Management of the Marine National Monument
The Secretary of the Interior, in consultation with the Secretary of
Commerce, shall have responsibility for management of the monument,
including out to 12 nautical miles from the mean low water lines of
Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef,
and Palmyra Atoll, pursuant to applicable legal authorities. However,
the Secretary of Defense shall continue to manage Wake Island, according
to the terms and conditions of an Agreement between the Secretary of the
Interior and Secretary of the Air Force, unless and until such Agreement
is terminated. The Secretary of Commerce, through the National Oceanic
and Atmospheric Administration, and in consultation with the Secretary
of the Interior, shall have primary responsibility for management of the
monument seaward of the area 12 nautical miles of the mean low water
lines of Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll,
Kingman Reef, and Palmyra Atoll, with respect to fishery-related
activities regulated pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and any other
applicable legal authorities. The Secretaries of Commerce and the
Interior shall not allow or permit any appropriation, injury,
destruction, or removal of any feature of this monument except as
provided for by this proclamation and shall prohibit commercial fishing
within boundaries of the monument.
The Secretaries of the Interior and of Commerce shall take appropriate
action pursuant to their respective authorities under the Antiquities
Act and the Magnuson-Stevens Fishery Conservation and Management Act,
and such other authorities as may be available to implement this
proclamation, to regulate fisheries, and to ensure proper care and
management of the monument.
Regulation of Scientific Exploration and Research
Subject to such terms and conditions as the respective Secretary deems
necessary for the care and management of the objects of this monument,
the Secretary of the Interior may permit scientific exploration and
research within the monument, including incidental appropriation,
injury, destruction, or removal of features of this monument for
scientific study, and the Secretary of Commerce may permit fishing
within the monument for scientific exploration and research purposes to
the extent authorized by the Magnuson-Stevens Fishery Conservation and
Management Act. The prohibitions required by this proclamation shall not
restrict scientific exploration or research activities by or for the
Secretaries, and nothing in this proclamation shall be construed to
require a permit or other authorization from the other Secretary for
their respective scientific activities.
Regulation of Fishing and Management of Fishery Resources
The respective Secretaries may permit noncommercial fishing upon
request, at specific locations in accordance with this proclamation.
Noncommercial fishing opportunities currently allowed by the U.S. Fish
and Wildlife Service at Palmyra Atoll may continue unless the Secretary
of the Interior determines such fishing would not be compatible with the
purposes of the Palmyra Atoll National Wildlife Refuge. The Secretary
shall provide a process to ensure that recreational fishing shall be
managed as a sustainable activity in certain areas of the monument,
consistent with Executive Order 12962 of June 7, 1995, as amended, and
other applicable law.
Monument Management Planning
The Secretaries of the Interior and Commerce shall, within 2 years of
the date of this proclamation, prepare management plans within their
respective authorities and promulgate implementing regulations that
address any further specific actions necessary for the proper care and
management of the objects identified in this proclamation at Baker,
Howland, and Jarvis Islands, Kingman Reef, and Palmyra Atoll. The
Secretaries shall revise and update the management plans as necessary.
The Secretary of the Interior shall revise the management plan to
incorporate measures for the management of Johnston Atoll within 2 years
of the date that the Department of Defense terminates its use of
Johnston Atoll. If the Secretary of the Air Force terminates the
Agreement regarding its use of Wake Island, the Secretary of the
Interior shall revise the management plan to incorporate Wake Island
management within 2 years of the date that the Air Force terminates its
use of Wake Island. In developing and implementing any management plans
and any management rules and regulations, the Secretaries shall consult
and designate and involve as cooperating agencies the agencies with
jurisdiction or special expertise, including the Department of Defense,
in accordance with the National Environmental Policy Act (42 U.S.C. 4321
et seq.,) its implementing regulations, and with Executive Order 13352,
of August 26, 2004, Facilitation of Cooperative Conservation.
The management plans and their implementing regulations shall impose no
restrictions on innocent passage in the territorial sea or otherwise
restrict navigation and overflight and other internationally recognized
lawful uses of the sea in the monument and shall incorporate the
provisions of this proclamation regarding Armed Forces actions and
compliance with international law.
This proclamation shall be applied in accordance with international law.
No restrictions shall apply to or be enforced against a person who is
not a citizen, national, or resident alien of the United States
(including foreign flag vessels) unless in accordance with international
law.
Emergencies, National Security, and Law Enforcement Activities
1. The prohibitions required by this proclamation shall not apply to
activities necessary to respond to emergencies threatening life,
property, or the environment, or to activities necessary for national
security or law enforcement purposes.
2. Nothing in this proclamation shall limit agency actions to respond to
emergencies posing an unacceptable threat to human health or safety or
to the marine environment and admitting of no other feasible solution.
Armed Forces Actions
1. The prohibitions required by this proclamation shall not apply to
activities and exercises of the Armed Forces (including those carried
out by the United States Coast Guard).
2. The Armed Forces shall ensure, by the adoption of appropriate
measures not impairing operations or operational capabilities, that its
vessels and aircraft act in a manner consistent, so far as is reasonable
and practicable, with this proclamation.
3. In the event of threatened or actual destruction of, loss of, or
injury to a monument resource or quality resulting from an incident,
including but not limited to spills and groundings, caused by a
component of the Department of Defense or the United States Coast Guard,
the cognizant component shall promptly coordinate with the Secretary of
the Interior or Commerce, as appropriate, for the purpose of taking
appropriate actions to respond to and mitigate any actual harm and, if
possible, restore or replace the monument resource or quality.
4. Nothing in this proclamation or any regulation implementing it shall
limit or otherwise affect the Armed Forces' discretion to use, maintain,
improve, manage, or control any property under the administrative
control of a Military Department or otherwise limit the availability of
such property for military mission purposes, including, but not limited
to, defensive areas and airspace reservations.
The establishment of this monument is subject to valid existing rights.
This proclamation 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 agencies, instrumentalities, or
entities, its officers, employees, agents, or any other person.
Nothing in this proclamation shall be deemed to revoke any existing
withdrawal, reservation, or appropriation; however, the national
monument shall be dominant over any other existing federal withdrawal,
reservation, or appropriation.
Warning is hereby given to all unauthorized persons not to appropriate,
excavate, injure, destroy, or remove any feature of this monument and
not to locate or settle upon any lands thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of
January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8337 of January 6, 2009
Establishment of the Rose Atoll Marine National Monument
By the President of the United States of America
A Proclamation
In the Pacific Ocean approximately 130 nautical miles east-southeast of
Pago Pago Harbor, American Samoa, lies Rose Atoll--the easternmost
Samoan island and the southernmost point of the United States. This
small atoll, which includes the Rose Atoll National Wildlife Refuge with
about 20 acres of land and 1,600 acres of lagoon, remains one of the
most pristine atolls in the world. The lands, submerged lands, waters,
and marine environment around Rose Atoll support a dynamic reef
ecosystem that is home to a very diverse assemblage of terrestrial and
marine species, many of which are threatened or endangered.
One of the most striking features of Rose Atoll is the pink hue of
fringing reef caused by the dominance of coralline algae, which is the
primary reef-building species. Though there are roughly 100 species of
stony corals, the shallow reefs are dominated by crustose coralline
algae, making them distinctive and quite different from those found at
other Samoan islands. The marine area provides isolated, unmolested
nesting grounds for green and hawksbill turtles and has the largest
number of nesting turtles in American Samoa. Its waters are frequented
by numerous large predators: whitetip reef sharks, blacktip reef sharks,
gray reef sharks, snappers, jacks, groupers, and barracudas. Species
that have faced depletion elsewhere, some of which have declined
worldwide by as much as 98 percent, are found in abundance at Rose
Atoll, including giant clams, Maori wrasse, large parrotfishes, and
blacktip, whitetip, and gray reef sharks. Humpback whales, pilot whales,
and the porpoise genus Stenella have all been spotted at Rose Atoll.
There are 272 species of reef fish, with seven species first described
by scientists at Rose and dozens more new species discovered on the
first deep water dive to 200 meters. Recent submersible dives around
Rose Atoll have revealed abundant marine life, deep sea coral forests,
and several new fish and invertebrate species.
Rose Atoll supports most of the seabird population of American Samoa,
including 12 federally protected migratory seabirds, five species of
federally protected shorebirds, and a migrant forest bird, the long-
tailed cuckoo. Rare species of nesting petrels, shearwaters, and terns
are thriving at Rose Atoll and increasing in number. The atoll is known
to Samoans, who have periodically visited over the past millennium, as
``Nu'u O Manu'' (``Village of seabirds''). It is believed that
Polynesians have harvested at Rose Atoll for millennia and several
species, such as the giant clam, were used for cultural celebrations and
events. Few relatively undisturbed islands remain in the world and Rose
Atoll is one of the last remaining refuges for the seabird and turtle
species of the Central Pacific. Threatened Pisonia atoll forest trees
are also found at Rose Atoll.
WHEREAS the lands, submerged lands, and waters of and marine environment
around Rose Atoll contain objects of historic or scientific interest
that are situated upon lands owned or controlled by the Government of
the United States;
WHEREAS the United States continues to act in accordance with the
balance of interests relating to traditional uses of the oceans
recognizing freedom of navigation and overflight and other
internationally recognized lawful uses of the sea;
WHEREAS section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C.
431) (the ``Antiquities Act'') authorizes the President, in his
discretion, to declare by public proclamation historic landmarks,
historic and prehistoric structures, and other objects of historic or
scientific interest that are situated upon lands owned or controlled by
the Government of the United States to be national monuments, and to
reserve as a part thereof parcels of land, the limits of which in all
cases shall be confined to the smallest area compatible with the proper
care and management of the objects to be protected;
WHEREAS it is in the public interest to preserve the lands, submerged
lands and waters of, and marine environment around Rose Atoll as
necessary for the care and management of the historic and scientific
objects therein:
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by the authority vested in me by section 2 of the Antiquities
Act, do proclaim that there are hereby set apart and reserved as the
Rose Atoll Marine National Monument (the ``monument'' or ``marine
national monument'') for the purpose of protecting the objects described
in the above preceding paragraphs, all lands and interests in lands
owned or controlled by the Government of the United States within the
boundaries that lie approximately 50 nautical miles from the mean low
water line of Rose Atoll as depicted on the accompanying map entitled
``Rose Atoll Marine National Monument'' attached to and forming a part
of this proclamation. The Federal land and interests in land reserved
consists of approximately 13,451 square miles of emergent and submerged
lands and waters of and around Rose Atoll in American Samoa, which is
the smallest area compatible with the proper care and management of the
objects to be protected.
All Federal lands and interests in lands within the boundaries of this
monument are hereby withdrawn from all forms of entry, location,
selection, sale, or leasing or other disposition under the public land
laws to the extent that those laws apply.
Management of the Marine National Monument
The Secretary of the Interior shall have management responsibility for
the monument, including Rose Atoll National Wildlife Refuge, in
consultation with the Secretary of Commerce, except that the Secretary
of Commerce, through the National Oceanic and Atmospheric
Administration, shall have the primary management responsibility
regarding the management of the marine areas of the monument seaward of
mean low water, with respect to fishery-related activities regulated
pursuant to the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), and any other applicable authorities. The
Secretary of Commerce shall initiate the process to add the marine areas
of the monument to the Fagatele Bay National Marine Sanctuary in
accordance with the National Marine Sanctuaries Act (16 U.S.C. 1431 et
seq.), including its provision for consultation with an advisory
council, to further the protection of the objects identified in this
proclamation. In developing and implementing any management
plans and any management rules and regulations, the Secretary of
Commerce shall consult with the Secretary of the Interior and shall
designate and involve as cooperating agencies the agencies with
jurisdiction or special expertise, including the Department of State,
the Department of Defense, and other agencies through scoping in
accordance with the National Environmental Policy Act (42 U.S.C. 4321 et
seq.), its implementing regulations and with Executive Order 13352 of
August 26, 2004, Facilitation of Cooperative Conservation, and shall
treat as a cooperating agency the Government of American Samoa,
consistent with these authorities.
The Secretary of the Interior shall continue to manage the Rose Atoll
National Wildlife Refuge consistent with the protection of the objects
identified in this proclamation. The Secretary of the Interior shall, in
developing any management plans and any management rules and regulations
governing the Rose Atoll National Wildlife Refuge, comply with the
National Environmental Policy Act and consult with the Secretary of
Commerce.
For the purposes of protecting the objects identified above, the
Secretaries of the Interior and Commerce, respectively, shall not allow
or permit any appropriation, injury, destruction, or removal of any
feature of this monument except as provided for by this proclamation or
as otherwise provided for by law.
Regulation of Scientific Exploration and Research
Subject to such terms and conditions as the Secretaries deem necessary
for the care and management of the objects of this monument, the
Secretary of the Interior may permit scientific exploration and research
within the monument, including incidental appropriation, injury,
destruction, or removal of features of this monument for scientific
study, and the Secretary of Commerce may permit fishing within the
monument for scientific exploration and research purposes to the extent
authorized by the Magnuson-Stevens Fishery Conservation and Management
Act. The prohibitions required by this proclamation shall not restrict
scientific exploration or research activities by or for the Secretaries,
and nothing in this proclamation shall be construed to require a permit
or other authorization from the other Secretary for their respective
scientific activities.
Regulation of Fishing and Management of Fishery Resources
The Secretaries shall prohibit commercial fishing within the monument.
Subject to such terms and conditions as the Secretaries deem necessary
for the care and management of the objects of this monument, the
Secretaries may permit noncommercial and sustenance fishing or, after
consultation with the Government of American Samoa, traditional
indigenous fishing within the monument. The Secretaries of the Interior
and Commerce, respectively, in consultation with the Government of
American Samoa, shall provide for a process to ensure that recreational
fishing shall be managed as a sustainable activity consistent with
Executive Order 12962 of June 7, 1995, as amended, and other applicable
law.
This proclamation shall be applied in accordance with international law.
No restrictions shall apply to or be enforced against a person who is
not a citizen, national, or resident alien of the United States
(including foreign flag vessels) unless in accordance with international
law. The management
plan and implementing regulations shall impose no restrictions on
innocent passage in the territorial sea or otherwise restrict navigation
and overflight and other internationally recognized lawful uses of the
sea in the monument and shall incorporate the provisions of this
proclamation regarding Armed Forces actions and compliance with
international law.
Nothing in this proclamation shall be deemed to diminish or enlarge the
jurisdiction of the Government of American Samoa. The Secretaries of the
Interior and Commerce shall, in developing any management plans and any
management rules and regulations governing the marine areas of the
monument, as described above, consult with the Government of American
Samoa.
Emergencies, National Security, and Law Enforcement Activities
1. The prohibitions required by this proclamation shall not apply to
activities necessary to respond to emergencies threatening life,
property, or the environment, or to activities necessary for national
security or law enforcement purposes.
2. Nothing in this proclamation shall limit agency actions to respond to
emergencies posing an unacceptable threat to human health or safety or
to the marine environment and admitting of no other feasible solution.
Armed Forces Actions
1. The prohibitions required by this proclamation shall not apply to
activities and exercises of the Armed Forces (including those carried
out by the United States Coast Guard).
2. The Armed Forces shall ensure, by the adoption of appropriate
measures not impairing operations or operational capabilities, that its
vessels and aircraft act in a manner consistent, so far as is reasonable
and practicable, with this proclamation.
3. In the event of threatened or actual destruction of, loss of, or
injury to a monument living marine resource resulting from an incident,
including but not limited to spills and groundings, caused by a
component of the Department of Defense or the United States Coast Guard,
the cognizant component shall promptly coordinate with the Secretary of
the Interior or Commerce, as appropriate for the purpose of taking
appropriate actions to respond to and mitigate any actual harm and, if
possible, restore or replace the monument resource or quality.
4. Nothing in this proclamation or any regulation implementing it shall
limit or otherwise affect the Armed Forces'; discretion to use,
maintain, improve, manage, or control any property under the
administrative control of a Military Department or otherwise limit the
availability of such property for military mission purposes.
The establishment of this monument is subject to valid existing rights.
This proclamation 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 agencies, instrumentalities, or
entities, its officers, employees, or agents, or any other person.
Nothing in this proclamation shall be deemed to revoke any existing
withdrawal, reservation, or appropriation; however, the national
monument
shall be dominant over any other existing Federal withdrawal,
reservation, or appropriation.
Warning is hereby given to all unauthorized persons not to appropriate,
excavate, injure, destroy, or remove any feature of this monument and
not to locate or settle upon any lands thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of
January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8338 of January 13, 2009
Religious Freedom Day, 2009
By the President of the United States of America
A Proclamation
Religious freedom is the foundation of a healthy and hopeful society. On
Religious Freedom Day, we recognize the importance of the 1786 passage
of the Virginia Statute for Religious Freedom. We also celebrate the
first liberties enshrined in our Constitution's Bill of Rights, which
guarantee the free exercise of religion for all Americans and prohibit
an establishment of religion.
Our Nation was founded by people seeking haven from religious
persecution, and the religious liberty they found here remains one of
this land's greatest blessings. As Americans, we believe that all people
have inherent dignity and worth. Though we may profess different creeds
and worship in different manners and places, we respect each other's
humanity and expression of faith. People with diverse views can practice
their faiths here while living together in peace and harmony, carrying
on our Nation's noble tradition of religious freedom.
The United States also stands with religious dissidents and believers
from around the globe who practice their faith peacefully. Freedom is
not a grant of government or a right for Americans alone; it is the
birthright of every man, woman, and child throughout the world. No human
freedom is more fundamental than the right to worship in accordance with
one's conscience.
Religious Freedom Day is an opportunity to celebrate our legacy of
religious liberty, foster a culture of tolerance and peace, and renew
commitments to ensure that every person on Earth can enjoy these basic
human rights.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim January 16, 2009, as
Religious Freedom Day. I call on all Americans to reflect on the great
blessing of religious liberty, endeavor to preserve this freedom for
future generations, and commemorate this day with appropriate events and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of
January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8339 of January 15, 2009
National Sanctity of Human Life Day, 2009
By the President of the United States of America
A Proclamation
All human life is a gift from our Creator that is sacred, unique, and
worthy of protection. On National Sanctity of Human Life Day, our
country recognizes that each person, including every person waiting to
be born, has a special place and purpose in this world. We also
underscore our dedication to heeding this message of conscience by
speaking up for the weak and voiceless among us.
The most basic duty of government is to protect the life of the
innocent. My Administration has been committed to building a culture of
life by vigorously promoting adoption and parental notification laws,
opposing Federal funding for abortions overseas, encouraging teen
abstinence, and funding crisis pregnancy programs. In 2002, I was
honored to sign into law the Born-Alive Infants Protection Act, which
extends legal protection to children who survive an abortion attempt. I
signed legislation in 2003 to ban the cruel practice of partial-birth
abortion, and that law represents our commitment to building a culture
of life in America. Also, I was proud to sign the Unborn Victims of
Violence Act of 2004, which allows authorities to charge a person who
causes death or injury to a child in the womb with a separate offense in
addition to any charges relating to the mother.
America is a caring Nation, and our values should guide us as we harness
the gifts of science. In our zeal for new treatments and cures, we must
never abandon our fundamental morals. We can achieve the great
breakthroughs we all seek with reverence for the gift of life.
The sanctity of life is written in the hearts of all men and women. On
this day and throughout the year, we aspire to build a society in which
every child is welcome in life and protected in law. We also encourage
more of our fellow Americans to join our just and noble cause. History
tells us that with a cause rooted in our deepest principles and
appealing to the best instincts of our citizens, we will prevail.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim January 18, 2009, as
National Sanctity of Human Life Day. I call upon all Americans to
recognize this day with appropriate ceremonies and to underscore our
commitment to respecting and protecting the life and dignity of every
human being.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8340 of January 15, 2009
Martin Luther King, Jr., Federal Holiday, 2009
By the President of the United States of America
A Proclamation
On the Martin Luther King, Jr., Federal Holiday, we recognize one of
history's most consequential advocates for equality and civil rights,
and we celebrate his powerful message of justice and hope. Our Nation is
better because Dr. King was a man of courage and vision who understood
that love and compassion will always triumph over bitterness and hatred.
As Americans, we believe it is self-evident that all men are created
equal and that freedom is not a grant of government but a gift from the
Author of Life. Dr. King trusted in these beliefs articulated in our
founding documents even when our country's practices did not live up to
its promises. He roused the conscience of a complacent Nation by drawing
attention to the ugliness of discrimination and segregation and by
calling on Americans to live up to our guarantee of equality.
Our Nation has seen tremendous progress in redeeming the ideals of
America and protecting every person's God-given rights. The historic
election of Barack Obama as President of the United States reflects the
real advances our Nation has made in the fight against the bigotry that
Dr. King opposed. More work remains, though, and we must heed Dr. King's
words that ``injustice anywhere is a threat to justice everywhere.'' By
continuing to spread his message and demanding that the equal rights he
fought for are extended to all people, we can ensure that the dignity of
every person is respected and that the hope for a better tomorrow
reaches every community throughout the world.
As we observe Dr. King's birthday, we commemorate his leadership and
strength of character. We go forward with confidence that if we remain
true to our founding principles, our Nation will continue to advance the
cause of justice and remain a beacon of hope to people everywhere.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim January 19, 2009, as the
Martin Luther King, Jr., Federal Holiday. I encourage all Americans to
observe this day with appropriate civic, community, and service programs
and activities in honor of Dr. King's life and legacy.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8341 of January 16, 2009
To Implement the United States-Peru Trade Promotion Agreement and for
Other Purposes
By the President of the United States of America
A Proclamation
1. On April 12, 2006, the United States entered into the United States-
Peru Trade Promotion Agreement (the ``Agreement''), and on June 24 and
June 25, 2007, the Parties to the Agreement signed a protocol amending
the Agreement. Congress approved the Agreement as amended in section
101(a) of the United States-Peru Trade Promotion Agreement
Implementation Act (the ``Implementation Act'') (Public Law 110-138, 121
Stat. 1455) (19 U.S.C. 3805 note).
2. Section 105(a) of the Implementation Act authorizes the President to
establish or designate within the Department of Commerce an office that
shall be responsible for providing administrative assistance to panels
established under chapter 21 of the Agreement.
3. Section 201 of the Implementation Act authorizes the President to
proclaim such modifications or continuation of any duty, such
continuation of duty-free or excise treatment, or such additional
duties, as the President determines to be necessary or appropriate to
carry out or apply Articles 2.3, 2.5, 2.6, 3.3.13 and Annex 2.3 of the
Agreement.
4. Section 201(d) of the Implementation Act authorizes the President to
take such action as may be necessary in implementing the tariff-rate
quotas set forth in Appendix I to the Schedule of the United States to
Annex 2.3 of the Agreement to ensure that imports of agricultural goods
do not disrupt the orderly marketing of commodities in the United
States.
5. Consistent with section 201(a)(2) of the Implementation Act, Peru is
to be removed from the enumeration of designated beneficiary developing
countries eligible for the benefits of the Generalized System of
Preferences (GSP) on the date the Agreement enters into force. Further,
consistent with section 604 of the Trade Act of 1974, as amended (the
``1974 Act'') (19 U.S.C. 2483), I have determined that other technical
and conforming changes to the Harmonized Tariff Schedule of the United
States (HTS) are necessary to reflect that Peru is no longer eligible to
receive the benefits of the GSP.
6. Section 203 of the Implementation Act sets forth certain rules for
determining whether a good is an originating good for the purpose of
implementing preferential tariff treatment provided for under the
Agreement. I have decided that it is necessary to include these rules of
origin, together with particular rules applicable to certain other
goods, in the HTS.
7. Section 203(o) of the Implementation Act authorizes the President to
determine that a fabric, yarn, or fiber is or is not available in
commercial quantities in a timely manner in the United States and Peru;
to establish procedures governing the request for any such determination
and ensuring appropriate public participation in any such determination;
to add any fabric, yarn, or fiber determined to be not available in
commercial quantities in a timely manner in the United States and Peru
to the list in Annex 3-B of the Agreement in a restricted or
unrestricted quantity; to eliminate a restriction on the quantity of a
fabric, yarn, or fiber within 6 months after adding the fabric, yarn, or
fiber to the list in Annex 3-B of the Agreement in a restricted
quantity; and to restrict the quantity of, or remove from the list in
Annex 3-B of the Agreement, certain fabrics, yarns, or fibers.
8. Section 208 of the Implementation Act authorizes the President to
take certain enforcement actions relating to trade with Peru in textile
and apparel goods.
9. Subtitle B of title III of the Implementation Act authorizes the
President to take certain actions in response to a request by an
interested party for relief from serious damage or actual threat thereof
to a domestic industry producing certain textile or apparel articles.
10. Executive Order 11651 of March 3, 1972, as amended, established the
Committee for the Implementation of Textile Agreements (CITA),
consisting of representatives of the Departments of State, the Treasury,
Commerce, and Labor, and the Office of the United States Trade
Representative, with the representative of the Department of Commerce as
Chairman, to supervise the implementation of textile trade agreements.
Consistent with section 301 of title 3, United States Code, when
carrying out functions vested in the President by statute and assigned
by the President to CITA, the officials collectively exercising those
functions are all to be officers required to be appointed by the
President with the advice and consent of the Senate.
11. Presidential Proclamation 7971 of December 22, 2005, implemented the
United States-Morocco Free Trade Agreement (USMFTA). The proclamation
implemented, pursuant to section 201 of the United States-Morocco Free
Trade Agreement Implementation Act (the ``USMFTA Act'') (Public Law 108-
302, 118 Stat. 1103) (19 U.S.C. 3805 note), the staged reductions in
rates of duty that I determined to be necessary or appropriate to carry
out or apply certain provisions of the USMFTA, including Articles 2.5
and 2.6. The proclamation inadvertently omitted two modifications to the
HTS necessary to carry out the provisions of Articles 2.5 and 2.6 of the
USMFTA. I have determined that technical corrections to the HTS are
necessary to provide the intended tariff treatment under Articles 2.5
and 2.6 of the USMFTA.
12. Presidential Proclamation 8039 of July 27, 2006, implemented the
United States-Bahrain Free Trade Agreement (USBFTA). The proclamation
implemented, pursuant to section 201 of the United State-Bahrain Free
Trade Agreement Implementation Act (the ``USBFTA Act'') (Public Law 109-
169, 119 Stat. 3581), the staged reductions in rates of duty that I
determined to be necessary or appropriate to carry out or apply certain
provisions of the USBFTA, including Articles 2.5 and 2.6. The
proclamation inadvertently omitted two modifications to the HTS
necessary to carry out the provisions of Articles 2.5 and 2.6 of the
USBFTA. I have determined that technical corrections to the HTS are
necessary to provide the intended tariff treatment under Articles 2.5
and 2.6 of the USBFTA.
13. Presidential Proclamation 8331 of December 23, 2008, implemented the
Dominican Republic-Central America-United States Free Trade Agreement
(CAFTA-DR) for trade with Costa Rica. The proclamation implemented,
pursuant to section 201 of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (the ``CAFTA-DR Act'')
(Public Law 109-53, 119 Stat. 467) (19 U.S.C. 4031), the duty treatment
necessary to carry out or apply Articles 3.3 and 3.27, and Annexes 3.3
(including the schedule of United States duty reductions with respect to
originating goods) and 3.27, of the CAFTA-DR. I have determined that
technical corrections to the HTS are necessary to provide the intended
duty treatment under the CAFTA-DR.
14. Section 604 of the 1974 Act, as amended, authorizes the President to
embody in the HTS the substance of relevant provisions of that Act, or
other Acts affecting import treatment, and of actions taken thereunder,
including the removal, modification, continuance, or imposition of any
rate of duty or other import restriction.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
section 604 of the 1974 Act; sections 105(a), 201, 203, 208, and
subtitle B of title III of the Implementation Act; and section 301 of
title 3, United States Code, and having made the determination under
section 101(b) of the Implementation Act necessary for the exchange of
notes, do hereby proclaim: (1) In order to provide generally for the
preferential tariff treatment being accorded under the Agreement, to set
forth rules for determining whether goods imported into the customs
territory of the United States are eligible for preferential tariff
treatment under the Agreement, to provide certain other treatment to
originating goods of Peru for the purposes of the Agreement, to provide
tariff-rate quotas with respect to certain originating goods of Peru, to
reflect Peru's removal from the enumeration of designated beneficiary
developing countries for purposes of the GSP, and to make technical and
conforming changes in the general notes to the HTS, the HTS is modified
as set forth in Annex I of Publication 4058 of the United States
International Trade Commission, entitled, ``Modifications to the
Harmonized Tariff Schedule of the United States to Implement the United
States-Peru Trade Promotion Agreement'', which is incorporated by
reference into this proclamation.
(2) In order to implement the initial stage of duty elimination provided
for in the Agreement and to provide for future staged reductions in
duties for originating goods of Peru for purposes of the Agreement, the
HTS is modified as provided in Annex II of Publication 4058, effective
on the dates specified in the relevant sections of such publication and
on any subsequent dates set forth for such duty reductions in that
publication.
(3) The amendments to the HTS made by paragraphs (1) and (2) of this
proclamation shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the relevant dates
indicated in Annex II to Publication 4058.
(4) The Secretary of Commerce is authorized to exercise my authority
under section 105(a) of the Implementation Act to establish or designate
an office within the Department of Commerce to carry out the functions
set forth in that section.
(5) The United States Trade Representative (USTR) is authorized to
exercise my authority under section 201(d) of the Implementation Act to
take such action as may be necessary in implementing the tariff-rate
quotas set forth in Appendix I to the Schedule of the United States to
Annex 2.3 of the Agreement to ensure that imports of agricultural goods
do not disrupt the orderly marketing of commodities in the United
States. This action is set forth in Annex I of Publication 4058.
(6) The CITA is authorized to exercise my authority under section 203(o)
of the Implementation Act to determine that a fabric, yarn, or fiber is
or is not available in commercial quantities in a timely manner in the
United States and Peru; to establish procedures governing the request
for any such determination and ensuring appropriate public participation
in any such determination; to add any fabric, yarn, or fiber determined
to be not available in commercial quantities in a timely manner in the
United States and Peru to the list in Annex 3-B of the Agreement in a
restricted or unrestricted quantity; to eliminate a restriction on the
quantity of a fabric, yarn, or fiber within 6 months after adding the
fabric, yarn, or fiber to the list in Annex 3-B of the Agreement in a
restricted quantity; and to restrict the quantity of, or remove from the
list in Annex 3-B of the Agreement, certain fabrics, yarns, or fibers.
(7) The CITA is authorized to exercise my authority under section 208 of
the Implementation Act to exclude certain textile and apparel goods from
the customs territory of the United States; to determine whether an
enterprise's production of, and capability to produce, goods are
consistent with statements by the enterprise; to find that an enterprise
has knowingly or willfully engaged in circumvention; and to deny
preferential tariff treatment to textile and apparel goods.
(8) The CITA is authorized to exercise the functions of the President
under subtitle B of title III of the Implementation Act to review
requests, and to determine whether to commence consideration of such
requests; to cause to be published in the Federal Register a notice of
commencement of consideration of a request and notice seeking public
comment; to determine whether imports of a Peruvian textile or apparel
article are causing serious damage, or actual threat thereof, to a
domestic industry producing an article that is like, or directly
competitive with, the imported article; and to provide relief from
imports of an article that is the subject of such a determination.
(9) The CITA, after consultation with the Commissioner of Customs (the
``Commissioner''), is authorized to consult with representatives of Peru
for the purpose of identifying particular textile or apparel goods of
Peru that are mutually agreed to be handloomed fabrics, handmade goods
made of such handloomed fabrics, folklore goods, or handmade goods that
substantially incorporate a historical or traditional regional design or
motif, as provided in Article 3.3.12 of the Agreement. The Commissioner
shall take actions as directed by the CITA to carry out any such
determination.
(10) The USTR is authorized to fulfill my obligations under section 104
of the Implementation Act to obtain advice from the appropriate advisory
committees and the United States International Trade Commission on the
proposed implementation of an action by presidential proclamation; to
submit a report on such proposed action to the appropriate congressional
committees; and to consult with those congressional committees regarding
the proposed action.
(11) The USTR is authorized to modify U.S. note 29 to subchapter XXII of
chapter 98 of the HTS in a notice published in the Federal Register to
reflect modifications pursuant to paragraph (6) of this proclamation by
the CITA to the list of fabrics, yarns, or fibers in Annex 3-B of the
Agreement.
(12) In order to make technical corrections necessary to provide the
intended duty treatment under Articles 2.5 and 2.6 of the USMFTA,
Articles 2.5 and 2.6 of the USBFTA, and the CAFTA-DR, the HTS is
modified as set forth in Annex III of Publication 4058.
(13) All provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8342 of January 16, 2009
To Suspend Entry as Immigrants and Nonimmigrants of Foreign Government
Officials Responsible for Failing To Combat Trafficking in Persons
By the President of the United States of America
A Proclamation
In order to foster greater resolve to address trafficking in persons
(TIP), specifically in punishing acts of trafficking and providing
protections to the victims of these crimes, consistent with the
Trafficking Victims Protection Act of 2000, as amended (the ``Act'') (22
U.S.C. 7101 et seq.), it is in the interests of the United States to
restrict the international travel and to suspend entry into the United
States, as immigrants or nonimmigrants, of certain senior government
officials responsible for domestic law enforcement, justice, or labor
affairs who have impeded their governments' antitrafficking efforts,
have failed to implement their governments' antitrafficking laws and
policies, or who otherwise bear responsibility for their governments'
failures to take steps recognized internationally as appropriate to
combat trafficking in persons, and whose governments have been ranked
more than once as Tier 3 countries, which represent the worst anti-TIP
performers, in the Department of State's annual Trafficking in Persons
Report, and for which I have made a determination pursuant to section
110(d)(1)-(2) or (4) of the Act. The Act reflects international
antitrafficking standards that guide efforts to eradicate this modern-
day form of slavery around the world.
NOW, THEREFORE, I, GEORGE W. BUSH, 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, including section 212(f) of the
Immigration and Nationality Act of 1952, 8 U.S.C. 1182(f), and section
301 of title 3, United States Code, hereby find that the unrestricted
immigrant and nonimmigrant entry into the United States of persons
described in section 1 of this proclamation would, except as provided
for in sections 2 and 3 of this proclamation, be detrimental to the
interests of the United States.
I therefore hereby proclaim that:
Section 1. The entry into the United States, as immigrants or
nonimmigrants, of the following aliens is hereby suspended:
(a) Senior government officials--defined as the heads of ministries or
agencies and officials occupying positions within the two bureaucratic
levels below those top positions--responsible for domestic law
enforcement, justice, or labor affairs who have impeded their
governments' antitrafficking efforts, have failed to implement their
governments' antitrafficking laws and policies, or who otherwise bear
responsibility for their governments' failures to take steps recognized
internationally as appropriate to combat trafficking in persons, and who
are members of governments for which I have made a determination
pursuant to section 110(d)(1)-(2) or (4) of the Act, in the current year
and at least once in the preceding 3 years;
(b) The spouses of persons described in subsection (a) of this section.
Sec. 2. Section 1 of this proclamation shall not apply with respect to
any person otherwise covered by section 1 where entry of such person
would not be contrary to the interest of the United States.
Sec. 3. Persons covered by sections 1 or 2 of this proclamation shall be
identified by the Secretary of State or the Secretary's designee, in his
or her sole discretion, pursuant to such procedures as the Secretary may
establish under section 5 of this proclamation.
Sec. 4. Nothing in this proclamation shall be construed to derogate from
United States Government obligations under applicable international
agreements.
Sec. 5. The Secretary of State shall implement this proclamation
pursuant to such procedures as the Secretary, in consultation with the
Secretary of Homeland Security, may establish.
Sec. 6. This proclamation is effective immediately. It shall remain in
effect until such time as the Secretary of State determines that it is
no longer necessary and should be terminated, either in whole or in
part. Any such determination by the Secretary of State shall be
published in the Federal Register.
Sec. 7. This proclamation is not intended to, and does not, create any
right, benefit, or privilege, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its officers or
employees, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8343 of January 20, 2009
National Day of Renewal and Reconciliation, 2009
By the President of the United States of America
A Proclamation
As I take the sacred oath of the highest office in the land, I am
humbled by the responsibility placed upon my shoulders, renewed by the
courage and decency of the American people, and fortified by my faith in
an awesome God.
We are in the midst of a season of trial. Our Nation is being tested,
and our people know great uncertainty. Yet the story of America is one
of renewal in the face of adversity, reconciliation in a time of
discord, and we know that there is a purpose for everything under
heaven.
On this Inauguration Day, we are reminded that we are heirs to over two
centuries of American democracy, and that this legacy is not simply a
birthright--it is a glorious burden. Now it falls to us to come together
as a people to carry it forward once more.
So in the words of President Abraham Lincoln, let us remember that:
``The mystic chords of memory, stretching from every battlefield and
patriot grave to every living heart and hearthstone all over this broad
land, will yet swell the chorus of the Union, when again touched, as
surely they will be, by the better angels of our nature.''
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by the authority vested in me by the Constitution and laws of
the United States, do hereby proclaim January 20, 2009, a National Day
of Renewal and Reconciliation, and call upon all of our citizens to
serve one another and the common purpose of remaking this Nation for our
new century.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8344 of February 2, 2009
American Heart Month, 2009
By the President of the United States of America
A Proclamation
Together, we can turn the tide on the number one killer of American
women and men. Heart disease claims more lives each year than all forms
of cancer combined. During American Heart Month, we renew our commitment
to promoting heart disease awareness. It is never too late to start
protecting heart health.
Certain risk factors can lead to heart disease. These include: high
blood pressure, high cholesterol, obesity, physical inactivity, smoking,
and diabetes. Practicing the following ``Big Four'' habits can help
mitigate these risks: eating a heart healthy diet, getting regular
physical activity, maintaining a healthy weight, and avoiding tobacco.
Unfortunately, only 3 percent of U.S. adults practice all of these
habits. As a Nation, we must work to increase that number.
Forming these healthy habits does not have to be difficult: Setting
realistic goals, making gradual improvements, and inviting family and
friends to join in this pursuit can lead to a healthier lifestyle. Above
all, we must remember that taking action can mean a longer, healthier,
and more enjoyable life.
Michelle and I especially encourage women to take heart health
seriously. More women than men die of heart disease each year, and many
women fail to make the connection between risk factors and their
personal risk of developing heart disease. The Federal Government's The
Heart Truth campaign gives women a personal and urgent wake-up call
about their risk for heart disease. On the first Friday in February, The
Heart Truth will lead the Nation in celebrating National Wear Red Day to
promote heart disease awareness. All Americans are encouraged to wear
red or the Red Dress Pin--the national symbol for women and heart
disease awareness--to show support for adopting the Big Four heart
health lifestyle habits. This year on National Wear Red Day, we urge all
Americans to practice the ``Big Four'' healthy habits for reducing heart
disease risk.
During American Heart Month, we also honor the health professionals,
researchers, and other heart health ambassadors whose efforts help all
Americans lead longer and healthier lives.
In acknowledgement of the importance of the ongoing fight against
cardiovascular disease, the Congress, by Joint Resolution approved
December 30, 1963, as amended (77 Stat. 843; 36 U.S.C. 101), has
requested that the President issue an annual proclamation designating
February as ``American Heart Month.''
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim February 2009 as American Heart Month, and I
invite all Americans to participate in National Wear Red Day on February
6, 2009. I also invite the Governors of the States, the Commonwealth of
Puerto Rico, officials of other areas subject to the jurisdiction of the
United States, and the American people to join me in recognizing and
reaffirming our commitment to fighting cardiovascular disease.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
February, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8345 of February 2, 2009
National African American History Month, 2009
By the President of the United States of America
A Proclamation
The history of African Americans is unique and rich, and one that has
helped to define what it means to be an American. Arriving on ships on
the shores of North America more than 300 years ago, recognized more as
possessions than people, African Americans have come to know the
freedoms fought for in establishing the United States and gained through
the use of our founding principles of freedom of speech, freedom of the
press, the right to assembly, and due process of law. The ideals of the
Founders became more real and more true for every citizen as African
Americans pressed us to realize our full potential as a Nation and to
uphold those ideals for all who enter into our borders and embrace the
notion that we are all endowed with certain unalienable rights.
Since Carter G. Woodson first sought to illuminate the African American
experience, each February we pause to reflect on the contributions of
this community to our national identity. The history is one of struggle
for the recognition of each person's humanity as well as an influence on
the broader American culture. African Americans designed our beautiful
Capital City, gave us the melodic rhythms of New Orleans Jazz, issued
new discoveries in science and medicine, and forced us to examine
ourselves in the pages of classic literature. This legacy has only added
luster to the brand of the United States, which has drawn immigrants to
our shores for centuries.
This year's theme, ``The Quest for Black Citizenship in the Americas,''
is a chance to examine the evolution of our country and how African
Americans helped draw us ever closer to becoming a more perfect union.
The narrative of the African American pursuit of full citizenship with
all of the rights and privileges afforded others in this country is also
the story of a maturing young Nation. The voices and examples of the
African American people worked collectively to remove the boulders of
systemic racism and discrimination that pervaded our laws and our public
consciousness for decades. Through the work of Frederick Douglass and
Harriet Tubman, Booker T. Washington and George Washington Carver,
Martin Luther King and Thurgood Marshall, the African American community
has steadily made progress toward the dreams within its grasp and the
promise of our Nation. Meanwhile, the belief that those dreams might one
day be realized by all of our citizens gave African American men and
women the same sense of duty and love of country that led them to shed
blood in every war we have ever fought, to invest hard-earned resources
in their communities with the hope of self empowerment, and to pass the
ideals of this great land down to their children and grandchildren.
As we mark National African American History Month, we should take note
of this special moment in our Nation's history and the actors who worked
so diligently to deliver us to this place. One such organization is the
National Association for the Advancement of Colored People--the NAACP--
which this year will witness 100 years of service to the Nation on
February 12. Because of their work, including the contributions of those
luminaries on the front lines and great advocates behind the scenes, we
as a Nation were able to take the dramatic steps we have in recent
history.
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 February 2009 as
National African American History Month. I call upon public officials,
educators, librarians, and all the people of the United States to
observe this month with appropriate ceremonies, activities, and programs
that raise awareness and appreciation of African American history.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
February, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8346 of February 27, 2009
American Red Cross Month, 2009
By the President of the United States of America
A Proclamation
Sixty-two years after its founding, the Red Cross was instrumental in
what President Franklin D. Roosevelt called the ``greatest single
crusade of mercy in all of history.'' In 1943, at the height of World
War II, President Roosevelt called on the American people to support the
troops by supporting the Red Cross, which provided food, blood, and
supplies to American troops, allies, and civilians across the world.
President Roosevelt asked Americans to donate funds to the Red Cross,
setting a goal of $125 million for 6 weeks of fundraising. The American
people responded with characteristic generosity, opening their hearts
and wallets. The Red Cross met this goal in less than 6 weeks. During
that season of generosity and unity, President Roosevelt proclaimed
March 1943 as the first Red Cross Month.
The Red Cross has continued to serve those suffering from large- and
small-scale disasters. The organization is best known for its work
helping communities deal with major disasters such as hurricanes,
floods, and wildfires. These large-scale disasters represent a major
part of the work of the American Red Cross. Just as important are the
tens of thousands of small-scale disasters that occur every day in
communities nationwide, and the volunteers who respond to them. These
efforts include supporting our military and their families, collecting
and distributing blood, helping the needy, delivering health and safety
education, and providing aid abroad.
In every response, volunteers are the key to Red Cross efforts.
Volunteers represent 96 percent of the Red Cross workforce. Without
their giving spirit, disaster relief operations would fall short, blood
donations would fail, and the mission of the Red Cross would go
unfulfilled. Whether helping military families stay connected with
service members around the world, teaching CPR and first aid, or
supporting other members of the International Red Cross and Red Crescent
Movement, volunteers are critical to the success of each and every Red
Cross endeavor. These individuals epitomize the generosity and community
spirit of the American people.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America and Honorary Chairman of the American Red Cross, by virtue of
the authority vested in me by the Constitution and laws of the United
States do hereby proclaim March 2009 as American Red Cross Month. I
encourage all Americans to support this organization's noble
humanitarian mission.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of February, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8347 of February 27, 2009
National Consumer Protection Week, 2009
By the President of the United States of America
A Proclamation
Consumer education helps every American who enters the marketplace.
When making a purchase, consumers should know their rights and should
learn about goods and services before they buy. This knowledge allows
consumers to make sound decisions and protects families and individuals
from fraud and abuse. Consumer vigilance also prevents problems before
they arise. During National Consumer Protection Week, we highlight
consumer education efforts to help Americans make wise decisions.
Federal, State, and local agencies; private sector organizations; and
consumer advocacy groups band together to encourage Americans to learn
about the protections the law affords and to take full advantage of the
resources available for consumers of every age.
This year's theme for National Consumer Protection Week, ``Nuts &
Bolts: Tools for Today's Economy,'' focuses on the basic information
consumers need as they face the opportunities and pitfalls of the
marketplace. Every day, consumers make tough choices about saving,
investing, and spending their hard-earned money. Whether selecting a
mortgage payment plan, seeking a credit report, or buying a car, staying
well-informed and vigilant can help citizens make prudent choices. A few
days, hours, or even minutes of preparatory research can ultimately save
time and money.
As part of National Consumer Protection Week, the Federal Trade
Commission has organized a coalition of public- and private-sector
organizations to provide practical tips on a wide range of topics. These
tips are available at www.consumer.gov/ncpw. The website also includes
information on home foreclosure, identity theft, and protecting
businesses. Working together, consumers, businesses, and Government can
strengthen our robust free market for the benefit of all Americans.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim March 1 through March 7,
2009, as National Consumer Protection Week. I call upon Government
officials, industry leaders, and advocates across the Nation to provide
our citizens with information about consumer rights, and I encourage all
Americans to take a proactive role in strengthening our economy.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of February, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8348 of February 27, 2009
Save Your Vision Week, 2009
By the President of the United States of America
A Proclamation
Blindness and visual impairment affect millions of Americans. Early
diagnosis and timely treatment are critical to minimize vision loss from
eye diseases as well as vision loss that is correctable with eye glasses
or contact lenses. During Save Your Vision Week, I encourage all
Americans to take action to protect their vision.
Unfortunately, most people have limited knowledge of blinding eye
disorders. In a 2005 study by the National Eye Institute, part of the
National Institutes of Health, only eight percent of respondents knew
that glaucoma, a condition that can damage the optic nerve and cause
vision loss and blindness, strikes without early warning. Similarly,
only 11 percent knew that diabetic eye disease also begins as a silent
vision threat.
Several demographic groups are at higher risk for visual impairment,
including teenagers, diabetics, Hispanics, African Americans, and the
economically disadvantaged. Older Americans are more susceptible to eye
conditions such as age-related macular degeneration, diabetic
retinopathy, and glaucoma. Children need regular vision screenings
because vision disorders left untreated during childhood can lead to
permanent visual impairment during adulthood.
Still, eye disease knows no bounds, and every American should take
steps to protect his or her eyesight. Doctors recommend seeking routine
eye examinations, maintaining a healthy diet, wearing sunglasses to
protect the eyes from damaging ultraviolet rays, and using protective
eyewear in hazardous environments. The National Eye Institute's website,
www.nei.nih.gov, provides resources for learning more about common
vision conditions and information on finding an eye health professional.
By being proactive and seeking out information, Americans can do their
part to prevent or reduce vision loss.
To remind Americans about the importance of safeguarding their
eyesight, the Congress, by joint resolution approved December 30, 1963,
as amended (77 Stat. 629; 36 U.S.C. 138), has authorized and requested
the President to proclaim the first week in March of each year as ``Save
Your Vision Week.''
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim March 1 through March 7, 2009, as Save Your
Vision Week. During this time, I invite eye care professionals,
teachers, members of the media, and all organizations dedicated to
preserving eyesight to join in activities that will raise awareness of
vision diseases and disorders.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of February, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8349 of February 27, 2009
Read Across America Day, 2009
By the President of the United States of America
A Proclamation
Read Across America Day provides an opportunity to support efforts to
excite children about reading and to educate families about the
importance of literacy. I encourage families and all citizens to
celebrate the joy and emphasize the importance of reading.
Every American child deserves the opportunity to solve the puzzles of
mystery novels, to discover the beauty of poetry, to imagine the
fantastical worlds of science fiction, and to explore their own world
through books about nature and foreign lands. Reading provides unending
enjoyment and helps unlock a child's creative potential. We must make
literacy the birthright of every American.
Every child also deserves the tools they will need for success. Students
must read well to meet high standards in the classroom. Understanding
science, mathematics, and the arts requires the ability to read
proficiently. Beyond the schoolyard, our youth must be prepared to meet
the demands of the global economy. New technologies and steep
competition abroad require our Nation to focus on children's reading
skills as a building block for future personal achievements.
Families must play an active role in this effort. On Read Across
America Day, parents are encouraged to read to their children for at
least 30 minutes. I also encourage parents to recognize the critical
importance of literacy for their children's future and to develop habits
at home that encourage reading, such as reading to their children every
night or providing incentives for them to read on their own.
On Read Across America Day, we partner with the National Education
Association and mark the birthday of Theodor Geisel, whose beloved Dr.
Seuss books still inspire children throughout the world to read.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim March 2, 2009, as Read
Across America Day. I call upon children, families, educators,
librarians, public officials, and all the people of the United States to
observe this day with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of February, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8350 of March 2, 2009
Irish-American Heritage Month, 2009
By the President of the United States of America
A Proclamation
Even before the birth of our Nation, the sons and daughters of Erin
departed their homes in search of liberty and a more hopeful future. As
these early pioneers left familiar lands, they carried with them the
rich traditions of home. This March we honor their journey and their
lasting contributions to the history and culture of the United States.
Following the colonial migrations, the United States enjoyed the
greatest influx of Irish during the 1840s as Ireland suffered the Great
Famine. Hungry but hopeful, poor but perseverant, Irish-Americans seized
the opportunity to work hard, enjoy success, and pursue the American
Dream.
Many took on the difficult work of constructing America's
infrastructure. Others assumed positions of leadership. Among those
leaders were signers of the Declaration of Independence and Presidents
of the United States. Still others enjoyed great success and influence
in the arts and literature. From social activists to business leaders,
athletes to clergy, and first responders to soldiers, distinguished
Irish-Americans have made indelible contributions to our national
identity.
Today, tens of millions of Irish-Americans can look back with pride on
the legacy of their forebears. Irish-Americans are integral to the rich
fabric of the United States, and we are grateful for their service and
contributions.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim March 2009 as Irish-
American Heritage Month. I encourage all Americans to observe this month
with appropriate ceremonies, programs, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
March, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8351 of March 3, 2009
Women's History Month, 2009
By the President of the United States of America
A Proclamation
With passion and courage, women have taught us that when we band
together to advocate for our highest ideals, we can advance our common
well-being and strengthen the fabric of our Nation. Each year during
Women's History Month, we remember and celebrate women from all walks of
life who have shaped this great Nation. This year, in accordance with
the theme, ``Women Taking the Lead to Save our Planet,'' we pay
particular tribute to the efforts of women in preserving and protecting
the environment for present and future generations.
Ellen Swallow Richards is known to have been the first woman in the
United States to be accepted at a scientific school. She graduated from
the Massachusetts Institute of Technology in 1873 and went on to become
a prominent chemist. In 1887, she conducted a survey of water quality in
Massachusetts. This study, the first of its kind in America, led to the
Nation's first state water-quality standards.
Women have also taken the lead throughout our history in preserving our
natural environment. In 1900, Maria Sanford led the Minnesota Federation
of Women's Groups in their efforts to protect forestland near the
Mississippi River, which eventually became the Chippewa National Forest,
the first Congressionally mandated national forest. Marjory Stoneman
Douglas dedicated her life to protecting and restoring the Florida
Everglades. Her book, The Everglades: Rivers of Grass, published in
1947, led to the preservation of the Everglades as a National Park. She
was awarded the Presidential Medal of Freedom in 1993.
Rachel Carson brought even greater attention to the environment by
exposing the dangers of certain pesticides to the environment and to
human health. Her landmark 1962 book, Silent Spring, was fiercely
criticized for its unconventional perspective. As early as 1963,
however, President Kennedy acknowledged its importance and appointed a
panel to investigate the book's findings. Silent Spring has emerged as a
seminal work in environmental studies. Carson was awarded the
Presidential Medal of Freedom posthumously in 1980.
Grace Thorpe, another leading environmental advocate, also connected
environmental protection with human well-being by emphasizing the
vulnerability of certain populations to environmental hazards. In 1992,
she launched a successful campaign to organize Native Americans to
oppose the storage of nuclear waste on their reservations, which she
said contradicted Native American principles of stewardship of the
earth. She also proposed that America invest in alternative energy
sources such as hydroelectricity, solar power, and wind power.
These women helped protect our environment and our people while
challenging the status quo and breaking social barriers. Their
achievements inspired generations of American women and men not only to
save our planet, but also to overcome obstacles and pursue their
interests and talents. They join a long and proud history of American
women leaders, and this month we honor the contributions of all women to
our Nation.
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 March 2009 as Women's
History Month. I call upon all our citizens to observe this month with
appropriate programs, ceremonies, and activities that honor the history,
accomplishments, and contributions of American women.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of March,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8352 of March 13, 2009
National Poison Prevention Week, 2009
By the President of the United States of America
A Proclamation
Since 1962, National Poison Prevention Week has helped raise awareness
about the dangers of potentially poisonous substances and has provided
the opportunity to educate fellow Americans about preventing and
responding to poisonings. This education effort is critical to the well-
being of children and adults alike, as both remain susceptible to poison
exposure.
According to the American Association of Poison Control Centers (AAPCC),
more than two million potential poison exposures are reported to the
Nation's 61 poison control centers every year. More than half of those
exposures involve children aged five and under. The AAPCC also reports
that more than one thousand deaths due to poisoning take place in the
United States every year.
Poisoning most frequently involves medicines and typical household
chemicals, including cleaning supplies and personal care products. When
improperly stored, these substances can present threats to the health
and well-being of people subject to exposure. Taking simple steps can
protect family and friends from harm. For example, keeping poisonous
materials in their original containers, placing these materials out of
children's reach, following handling instructions and recommended
dosages, and installing carbon monoxide detectors can all help save
lives. More information can be found at www.aapcc.org. In the event of a
potential poisoning, experts at local poison control centers can be
reached at 1-800-222-1222. As children and adults suffer from poison
exposures, all Americans should take seriously this grave health risk.
To encourage Americans to learn more about the dangers of accidental
poisonings and to take appropriate preventive measures, the Congress, by
joint resolution approved September 26, 1961, as amended (75 Stat. 681),
has authorized and requested the President to issue a proclamation
designating the third week of March each year as ``National Poison
Prevention Week.'' I encourage all Americans to familiarize themselves
with this issue and take steps to protect their families.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim March 15 through March 21, 2009, as National
Poison Prevention Week.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of
March, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8353 of March 24, 2009
Greek Independence Day: A National Day of Celebration of Greek and
American Democracy, 2009
By the President of the United States of America
A Proclamation
The American people join Hellenes today in commemorating the 188th
anniversary of Greece's independence. As we celebrate the establishment
of the Hellenic Republic, we honor the historic contributions of Greeks
and Greek-Americans.
Americans celebrated the cause of Greek independence during the new
nation's earliest years. In 1824, summarizing support for the Greek
struggle among the American people, then-Representative Henry Clay
declared, ``That it is felt with the deepest intensity, expressed in
almost every possible form, and that it increases with every new day and
passing hour.'' His words are echoed today as Americans celebrate the
anniversary of this struggle for independence.
The relationship between Greece and the United States owes much to the
vision of democracy and liberty forged in Greece. In constructing a
modern democratic framework, our Nation's founders drew upon the
immutable principles of the ancient Greeks. All who cherish the ideal of
democratic governance are beneficiaries of the Greek legacy.
From the literary classics taught in our children's classrooms to the
gleaming monuments of our Nation's capital, Greek cultural traditions
have also found a home in the United States. In classrooms across the
country, many of our students still immerse themselves in the epics of
Homer, the dramas of Sophocles, and the philosophical innovations of
Plato and Aristotle. Among the Greek-influenced structures in
Washington, D.C., our Nation's Capitol Building draws upon the
architectural legacy of the ancient Greeks.
In recent history, Greece and the United States have stood together to
meet the challenges of our times. Greeks and Americans fought for common
causes over the course of the 20th century and continue to collaborate
in this century, including through membership in the North Atlantic
Treaty Organization.
The strength of the bond between Greece and the United States is
exemplified by the Greek-American community, which enriches our Nation
with its cultural heritage and helps maintain the living relationship
between our countries.
On the anniversary of Greece's independence, we celebrate this
friendship and look forward to realizing our common goals and
aspirations.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim March 25, 2009, as ``Greek
Independence Day: A National Day of Celebration of Greek and American
Democracy.'' I call upon the people of the United States to observe this
day with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of March, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8354 of April 1, 2009
National Cancer Control Month, 2009
By the President of the United States of America
A Proclamation
We have achieved remarkable progress in the fight against cancer.
Miracles in medical research have helped us understand how to prevent,
detect, and treat cancer more effectively, and Americans are now more
aware of how to protect themselves from this disease.
Despite this progress, cancer continues to kill more Americans than any
other malady but heart disease. Marking National Cancer Control Month,
we recommit to the battle against cancer and emphasize the promise of
medical research and the healthy steps Americans can take to protect
themselves.
To gain new ground in cancer prevention, detection, and treatment, my
Administration will continue to press for increased support for research
at the National Institutes of Health, the National Cancer Institute, the
Centers for Disease Control and Prevention, and academic and other
institutions. The Federal Government plays an indispensable role in
investing in this research, which will save and improve lives for
generations to come.
As researchers work daily to better understand this disease, Americans
can take steps to decrease their risk of developing cancer. Individuals
of all ages should seek regular and appropriate check-ups. These check-
ups should include screening, such as mammograms, the Pap test, and
tests for colorectal cancer, all of which can help detect cancer during
its early stages.
Healthy personal habits can also reduce the risk of cancer. Smoking
accounts for thousands of cancer deaths every year, and quitting--even
after many years--can greatly reduce the risk of cancer. Physical
inactivity and obesity may cause a substantial proportion of colon,
breast, endometrial, kidney, and esophageal cancers in the United
States, so maintaining physical activity and a healthy diet can help
prevent cancer, among other diseases. Finally, moderating alcohol intake
and sun exposure can help protect Americans.
Too many American families have been touched by cancer. As we observe
National Cancer Control Month, I call upon all courageous cancer
patients and survivors, health care providers, researchers, advocates,
and others involved in this struggle to work together in support of our
Nation's goal to control, and ultimately defeat, this devastating
disease.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 2009 as National
Cancer Control Month. I encourage citizens, medical institutions,
government and social service agencies, businesses, nonprofit
organizations, and other interested groups to join in activities that
help control cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of April,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8355 of April 1, 2009
National Child Abuse Prevention Month, 2009
By the President of the United States of America
A Proclamation
When the child next door is maltreated, we all suffer. Every American
has a stake in the well-being of our Nation's children. They are members
of our communities, and they are our future. National Child Abuse
Prevention Month provides the opportunity to underscore our commitment
to preventing and responding appropriately to child abuse. This month,
we emphasize the importance of understanding child abuse and the need
for all Americans to help families overcome this devastating problem.
The tragedy of child abuse may afflict American children in different
ways. Abuse may occur physically, sexually, and emotionally. Child
neglect, another form of child maltreatment, may occur physically and
emotionally. Understanding the forms of child abuse is critical to
preventing and responding to maltreatment.
A well-informed and strong family is the surest defense against child
abuse. To help educate and strengthen families, community members can
offer their time and counsel to parents and children who may need
assistance. For example, parent support groups provide an organized
forum for assistance. More informally, community members may simply
offer a helping hand to families under stress. More information about
what families and communities can do is available at
www.childwelfare.gov/preventing.
Civic organizations and government also have an important role to play.
Civic groups offer essential support through education, assistance to
those at risk, and treatment for victims. Government at the local,
State, and Federal level must provide funding for services, conduct
public education projects, and enforce child abuse laws.
As we recognize that we all suffer when our children are abused, that we
all benefit from mutual concern and care, and that we all have a
responsibility to help, more American children will grow up healthy,
happy, and with unlimited potential for success.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 2009, as National
Child Abuse Prevention Month. I encourage all citizens to help prevent
and respond to child abuse by strengthening families and contributing to
all children's physical, emotional, and developmental needs.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8356 of April 1, 2009
National Donate Life Month, 2009
By the President of the United States of America
A Proclamation
Through organ, tissue, and marrow donation Americans can give the
extraordinary gift of life. National Donate Life Month provides an
opportunity to honor those who have given of themselves to save lives
and to call upon others to participate in this generous effort.
Every day in our Nation and across the world, Americans dedicate
themselves to helping those in need. During times of crisis and calm,
Americans have looked beyond themselves to aid friends and strangers
alike. This spirit of giving represents a hallmark of our national
character.
Many Americans have followed this tradition of generosity through
organ, tissue, and marrow donation. These selfless individuals have
saved lives and strengthened families and communities, and they deserve
respect and admiration for their contributions.
I urge all Americans to follow these examples by considering becoming
an organ, tissue, or marrow donor. The call for help from those in need
of transplants is clear. More donors are needed to meet the needs of
those on the national waiting list for life-saving transplants. When
considering organ donation, Americans should consult family members to
ensure that loved ones are fully aware of the donor's decisions.
Joining the ranks of organ donors is simple. I encourage Americans to
learn more about becoming a donor at www.organdonor.gov.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 2009 as National
Donate Life Month. I call upon health care professionals, volunteers,
educators, government agencies, faith-based and community groups, and
private organizations to join forces to increase the number of organ and
tissue donors throughout our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8357 of April 3, 2009
Education and Sharing Day, U.S.A., 2009
By the President of the United States of America
A Proclamation
The education we provide our children must prepare them to succeed in a
global economy and to contribute to their communities. Commemorating
Education and Sharing Day, U.S.A., we underscore our commitment to a
competitive and complete education.
The professional demands of today's workplace require a renewed
commitment to education. Our youngest children need a strong early
foundation. Standards must be raised, curricula must be enhanced, and
teachers must be supported. Families, communities, and educators must
collaborate to ensure that students are working hard and receiving the
best instruction possible.
Yet knowledge alone will not bring the future our children deserve. Our
schools and community institutions must also help each child develop a
moral compass. Education must blend basic American values such as
honesty, personal responsibility, and service. These indispensable
elements will not only help children succeed in challenging work
environments, they will also help our youth engage in and contribute to
their communities.
Few have better understood or more successfully promoted these ideas
than Rabbi Menachem Mendel Schneerson, the Lubavitcher Rebbe, who
emphasized the importance of education and good character. Through the
establishment of educational and social service institutions across the
country and the world, Rabbi Schneerson sought to empower young people
and inspire individuals of all ages. On this day, we raise his call
anew.
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 April 5, 2009, as
``Education and Sharing Day, U.S.A., 2009.'' I call upon all the people
of the United States to look to the future with a renewed sense of civic
engagement and common purpose.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8358 of April 8, 2009
National D.A.R.E. Day, 2009
By the President of the United States of America
A Proclamation
Drugs, gangs, and violence threaten our children and communities every
day. Today we commemorate Drug Abuse Resistance Education (D.A.R.E.), a
program that has worked to educate children and protect them from these
problems. National D.A.R.E. Day provides the opportunity to reflect upon
the dangers of drugs, gangs, and violence and to emphasize efforts to
combat these threats.
From inner cities to suburbs and rural communities, gangs and drug
dealers prey upon youth across the United States. Unaware of the dangers
of drug abuse and violence, many youth surrender the promise of a bright
future. Every child lost in this battle represents a tragedy for our
Nation, and we must do more to stop it.
Education efforts to help children avoid drugs and violence must begin
in the home. Parents must be positive role models and take the lead in
advising their children on the effects of drugs on their health and
well-being.
The D.A.R.E. program has worked to educate students about drugs, gangs,
and violence for more than 25 years. Placing law-enforcement personnel
in the classroom, D.A.R.E. provides students with important lessons from
experts and seeks to prepare them for the difficult encounters and
choices they may face.
Today we honor D.A.R.E. for its important work. The efforts of
D.A.R.E.'s instructors and supporters benefit our Nation's children and
are deserving of praise and appreciation. D.A.R.E.'s renewed efforts to
implement science-based programs and to strengthen partnerships among
law enforcement, families, and their communities are particularly worthy
of commendation. Through effective teaching methods and broad
participation, D.A.R.E. can help ensure that every child in America
enjoys the opportunities he or she deserves.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 8, 2009, as National
D.A.R.E. Day. I call upon our youth, parents, educators, law enforcement
personnel, and all the people of the United States to observe this day
with appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8359 of April 8, 2009
National Sexual Assault Awareness Month, 2009
By the President of the United States of America
A Proclamation
Sexual assault scars the lives of millions in the United States. To
increase awareness about this issue, prevent future crimes, and aid
victims, this month we mark National Sexual Assault Awareness Month.
Sexual assault is pervasive in the United States. Study after study has
shown that this crime impacts people at all age levels and in every part
of this Nation. One recent study found that 18 percent of women in this
country have been raped in their lifetime. In addition, rates of sexual
assault remain startlingly high for students from high school to
college. A 2005 survey of high school students found that 10.8 percent
of girls and 4.2 percent of boys from grades nine to twelve were forced
to have sexual intercourse at some time in their lives. A study of
college women found that 13.7 percent of undergraduate women had been
victims of at least one completed sexual assault since entering college.
Unlike victims of sexual assault in the larger community, students
victimized by other students often face additional challenges in a
``closed'' campus environment. For example, a victim may continue to
live in danger if the perpetrator resides in the same dormitory or
attends the same classes. These statistics are all the more alarming
given that, according to recent research, a majority of victims do not
report their attacks to police.
Victims of all ages suffer from both the physical and emotional
consequences of the attack. Sexual assault can lead to long-term health
problems including chronic pain, stomach problems, and sexually
transmitted diseases. It can also cause severe emotional harm that may
be even more painful than the assault itself and resulting physical
injuries. The effects of sexual assault go well beyond the direct
victim: sexual assault also has a profound impact on a victim's family,
friends, neighbors, and workplace.
Victims need an array of services to heal from the trauma of sexual
assault, including crisis intervention, 24-hour sexual assault hotlines,
medical and criminal justice accompaniment, advocacy, and counseling.
Victim service providers are essential to this effort and work
tirelessly to help victims cope with the trauma of sexual assault and
transition from ``victim'' to ``survivor.''
Landmark legislation has helped fund these critical services. The
Victims of Crime Act of 1984 (VOCA, Public Law 98-473) established the
Crime Victims Fund to fund services such as forensic sexual assault
examinations and compensation claims for both adult and child victims.
For example, since 1997, VOCA funding has supported the development of
Sexual Assault Nurse Examiner (SANE) programs and multi-disciplinary
Sexual Assault Response Teams (SART). The Violence Against Women Act of
2005 (VAWA, Public Law 109-162) authorized the Sexual Assault Services
Program, the first Federal funding dedicated exclusively to sexual
assault services. The Program includes funding for culturally specific
programs that serve victims who face unique cultural and linguistic
barriers.
In addition to helping victims, offenders must be held accountable for
their crimes. Sexual assault forensic examinations and trained examiners
can ensure that victims are treated with requisite sensitivity and that
critical evidence is collected to facilitate a successful prosecution.
To this end, VAWA mandates that all States that accept Federal grants to
combat violence against women ensure that sexual assault victims receive
forensic examinations free of charge, even if the victim chooses not to
report the crime to the police.
To make continued progress, my Administration supports efforts to help
Americans better understand this issue. Working together, we can reduce
the incidence of sexual assault and help all who have experienced this
heinous crime.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 2009, as National
Sexual Assault Awareness Month. I urge all Americans to respond to
sexual assault by creating policies at work and school, by engaging in
discussions with family and friends, and by making the prevention of
sexual assault a priority in their communities.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8360 of April 9, 2009
National Former Prisoner of War Recognition Day, 2009
By the President of the United States of America
A Proclamation
American prisoners of war exemplify the courage and sacrifice that
define our men and women in uniform. These brave warriors have paid a
massive share of the costs of freedom, and our Nation will be forever in
their debt. Today we honor all prisoners of war by recognizing the
tremendous sacrifices made and the hardships endured by those who fight
for our freedom.
American prisoners of war have experienced extreme conditions across
the world and many have made the ultimate sacrifice. Sixty-seven years
ago, in the midst of World War II, nearly 12,000 Americans and 76,000
Filipinos were captured while defending positions on the Bataan
Peninsula in the Philippines. As prisoners of war, they endured the
Bataan Death March, suffering starvation, torture, and unspeakable
conditions. Thousands were randomly executed and many perished on this
journey. During the Korean War, more than 1,600 Americans died under
grave conditions at the Pyok Tong camp. In Vietnam's Hoa Lo Prison--the
infamous Hanoi Hilton--Americans endured torture and other forms of
inhumane treatment.
There are countless tales of the bravery of American prisoners of war--
of the burdens borne, of the acts of heroism. These individuals have
made great sacrifices and have demonstrated an enduring faith in
themselves and in the United States. Their commitment calls out to all
Americans to live up to our Nation's highest ideals and to serve our
fellow citizens with equal selflessness and honor. We will never forget
their sacrifices. Their spirit of service will inspire the American
people for generations to come.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by the authority vested in me by the Constitution and laws of
the United States, do hereby proclaim April 9, 2009, as National Former
Prisoner of War Recognition Day, and I urge all Americans to observe
this day of remembrance with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8361 of April 14, 2009
Pan American Day and Pan American Week, 2009
By the President of the United States of America
A Proclamation
A common heritage, an interconnected world, and shared goals and values
unite the Pan American community. As a proud member of this group of
countries, the United States celebrates Pan American Day and Pan
American Week and commits to working with our partners in the
Organization of American States to advance a common future.
The Pan American community is highly interwoven, and the peoples of the
Americas must work together to build the future we seek. When one
country faces economic, security, or health challenges, its neighbors
share in this hardship. Together, the Pan American community can build
strong partnerships to surmount common concerns and further mutual
success.
The broad scope of shared goals includes economic growth and equality,
increased security, strong democratic governance, and clean energy.
Robust, bottom-up economic growth benefits all citizens and all nations,
and remains a central goal of the Pan American community. Together, the
countries of the Americas can prioritize and enact policies that ensure
a shared and equitable economic prosperity. This economic future is
possible only if we protect the safety of citizens and the security of
our countries. Whether reducing street crime and gang violence,
decreasing the narcotics trade, or preventing acts of terrorism, every
country has a stake in regional security.
The Pan American community also supports strong democracies and the
development of alternative energy sources. The promotion of transparent
and enduring democratic governance strengthens and defines relations in
the region and should emphasize the rule of law, a robust civil society,
respect for human rights, social equality, and effective delivery of
public services. Finally, every country benefits from a solution to our
shared energy and climate challenges. The region has already witnessed
great leadership in the development and deployment of alternative energy
sources, and the Pan American community must build upon these promising
efforts.
As we celebrate Pan American Day and Pan American Week, and participate
in the Summit of the Americas, the United States recognizes the common
challenges and aspirations that unite the region and the boundless
promise of our continuing partnership.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 14, 2009, as Pan
American Day and April 12 through 18 as Pan American Week. I urge the
Governors of the 50 States, the Governor of the Commonwealth of Puerto
Rico, and the officials of other areas under the flag of the United
States of America to honor these observances with appropriate ceremonies
and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8362 of April 17, 2009
National Park Week, 2009
By the President of the United States of America
A Proclamation
America's National Parks are among our Nation's most precious treasures.
During National Park Week, we celebrate these spaces and commit to
protecting them for future generations of Americans.
National Parks bring together Americans of all backgrounds and help us
understand the story of America. From the Lincoln Memorial and Ellis
Island to the Great Smoky Mountains and Yellowstone, National Parks
attract visitors from across the country and from all walks of life. The
grandeur and simplicity of these areas inspire visitors no matter their
personal stories. National Parks also help Americans learn more about
our shared history. From the Prehistoric Trackways National Monument to
the Civil War battlefield at Gettysburg, National Parks allow Americans
to explore our Nation's past and to understand events that occurred over
the long course of our history.
Our system of National Parks is entrusted to each generation of
Americans. We have an obligation to our children to keep these spaces
pristine. As citizen stewards, Americans can participate in efforts in
their communities to preserve National Parks, and support policies that
achieve this end. My Administration continues to advocate for
initiatives that protect and expand National Parks. The American
Recovery and Reinvestment Act promotes conservation and creates new job
opportunities in National Parks, and the Omnibus Public Land Management
Act designates thousands of miles of trails for the National Trails
System, protects more than 1,000 miles of rivers, and secures millions
of acres of wilderness.
This week we also honor the committed professionals and volunteers
working every day to support the National Parks. Laboring among towering
mountains and broad plains, in city centers, and along our rivers and
seashores, these Americans deserve thanks for their contributions to
current and future generations.
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 April 18 through April
26, 2009, as National Park Week. I invite all my fellow citizens to join
me in commemorating the 2009 theme for National Park Week, ``National
and Community Service,'' and to visit these wonderful spaces, discover
all they have to offer, and become active participants in Park
conservation.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8363 of April 21, 2009
National Volunteer Week, 2009
By the President of the United States of America
A Proclamation
Our Nation's story begins with a call to volunteer. Confronting the
injustices of tyranny and small odds of victory, patriots rallied one
another to serve a cause greater than themselves. As the beneficiaries
of this legacy, we possess an obligation to volunteer and serve our
fellow citizens with similar selflessness and optimism.
Americans keep this proud tradition alive every day across our country.
They are protecting us in uniform, feeding the hungry, tutoring
children, comforting seniors, and reaching out to veterans. They are
providing critical support to schools, shelters, hospitals, and nursing
homes, through faith-based and community organizations, at home and
abroad. Volunteers change lives and strengthen our Nation and our world.
My Administration is committed to supporting and supplementing the
crucial efforts that Americans make to volunteer. The Edward M. Kennedy
Serve America Act, which I signed into law today, will help millions of
Americans of all ages to volunteer and to direct that service towards
meeting our most pressing challenges. It truly will usher in a new era
of service.
This landmark law recruits an army of 250,000 per year to engage in
intensive service, and it focuses that work on today's challenges,
including clean energy, education, health, veterans care, and economic
opportunity. It creates new service opportunities for seniors, baby
boomers, and young adults, and improves service learning in our schools.
The law also creates a Social Innovation Fund. This fund looks for new
ideas in communities and leverages private, nonprofit, and faith-based
support to invest in local innovation. The fund also allows us to test
the impact of new ideas and expand successful programs to scale.
Volunteering provides the opportunity to join and better a community.
Every American who volunteers can become an integral part of a school, a
hospital, or a neighborhood. Those who give of their time also join our
Nation's proud history of service and help preserve this tradition for
generations ahead. During National Volunteer Week, we express heartfelt
thanks to all who have worked hard in this effort, and we urge more
Americans to reach out and meet the manifold unmet needs of fellow
Americans.
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 April 19-25, 2009 as
National Volunteer Week. I call upon all Americans to join ongoing
volunteer service efforts, and to create new ones.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day
of April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8364 of April 22, 2009
Earth Day, 2009
By the President of the United States of America
A Proclamation
The story of the United States is inextricably tied to our vital
natural resources. As we enter a new era filled with challenges and
promise, we must protect our land, wildlife, water and air--the
resources that have fueled our growth and prosperity as a Nation and
enriched our lives. Doing this not only fulfills a sacred obligation to
our children and grandchildren, but also provides an opportunity to
stimulate economic growth.
To achieve these ends, no issue deserves more immediate attention than
global warming. Scientists have already observed alarming shifts in the
natural world, including thawing permafrost, melting glaciers, and
rising sea levels.
Climate change presents a serious test for humankind, but it also
provides an opportunity for great innovation and adaptation. The United
States has risen to such challenges before, and Earth Day inspires us to
transcend differences among nations so we may lead the world in
protecting our planet from this global threat.
Americans across the country are working hard to help limit the
pollutants that cause climate change and reduce their impact on the
environment, but we must do more. Individuals and organizations can
plant trees, use energy efficient lightbulbs, drive fuel efficient cars,
hold clean-up drives, and teach young people about environmental
preservation. Small changes in our daily lives can have a big impact on
our environment. Individuals can walk, bike, and use public
transportation; buy products with less packaging; and recycle and reuse
paper, plastic, glass, and aluminum more often. American families can
also save money by choosing energy efficient products, turning lights
off, unplugging appliances, and cutting back on heating and air
conditioning.
Government and business alike must also take serious and sustained
action to protect our valuable natural inheritance. Through investments
in scientific research and development, and the vigorous pursuit of
alternative and renewable energy, we can create millions of green jobs
that allow us to reduce greenhouse gases and excel in a competitive
global economy. My Administration is committed to increasing fuel
economy standards and putting more Plug-In Hybrid cars on the road,
weatherizing millions of homes, and catalyzing private efforts to build
a clean energy future. My Administration is also working to achieve a
comprehensive energy and climate policy, one that will lessen our
dependence on foreign oil, make the U.S. the global leader in clean
energy technology, and prevent the worst impacts of climate change.
President Theodore Roosevelt emphasized our obligation to future
Americans, saying, ``of all the questions which can come before this
nation, short of the actual preservation of its existence in a great
war, there is none which compares in importance with the great central
task of leaving this land even a better land for our descendants than it
is for us.'' Heeding President Roosevelt's call, and carrying forward
his spirit of determination, we must commit ourselves to protecting our
environment and ensuring the health of our planet so we may share the
magnificent blessings of our Earth with our grandchildren.
We do this not only to acknowledge the environment's central role in
the development of our Nation but also to recognize the strong
ecological interdependence among nations. History has shown that as we
sow, so too shall we reap. Let us rededicate ourselves to a world that
provides bountiful harvests for us all not just today, but for many
generations 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
laws of the United States, do hereby proclaim April 22, 2009, as Earth
Day. I encourage all citizens to help protect our environment and
contribute to a healthy, sustainable world.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8365 of April 24, 2009
National Crime Victims' Rights Week, 2009
By the President of the United States of America
A Proclamation
From violence in our neighborhoods to credit card fraud on the
Internet, Americans fall victim to countless crimes every day. Our
Nation has no higher responsibility than protecting the safety of our
families. During National Crime Victims' Rights Week, we honor crime
victims by pledging to fight crime wherever it exists.
This commitment begins by supporting the men and women working every
day to reduce crime and assist crime victims. Often placing themselves
in harm's way and sacrificing personal interests, these individuals are
the backbone of the extensive efforts to protect Americans from crime.
They have demonstrated a commitment to serve others, and their
dedication is vital to implementing a successful strategy for crime
reduction and victim assistance.
Crime victims have benefited from the Victims of Crime Act of 1984
(Public Law 98-473), one of the most significant achievements in crime
victim assistance. This law created an innovative method for using fines
and penalties from Federal criminals to fund services for victims. This
Crime Victims Fund has already helped millions of victims across the
country access basic assistance and financial compensation. This year
marks the 25th anniversary of the bill's bipartisan passage.
An effective approach to fighting crime must include programs that make
sense and work. To that end, my Administration is building on past
achievements to address the range of crimes that Americans may
encounter. The American Recovery and Reinvestment Act, which I signed in
February, helps State and local law enforcement personnel perform
critical work by providing $2 billion through the Edward Byrne Justice
Assistance Grant Program.
A smart crime reduction strategy must also incorporate outreach to
those who have paid their debt to society and have become responsible
and contributing members of their communities. Prisoner reentry programs
have been tested and proven effective. Through a number of supportive
services, including substance abuse and mental health counseling,
prison-to-work incentives, job training, and transitional assistance,
reentry programs help reduce crime recidivism and keep families safer.
By utilizing common-sense and proven methods, we can both reduce crime
and serve crime victims.
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 April 26 through May
2, 2009, as National Crime Victims' Rights Week. I call upon all
Americans to observe this week by participating in events that raise
awareness of victims' rights and services and by volunteering to serve
victims in their time of need.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8366 of April 28, 2009
National Equal Pay Day, 2009
By the President of the United States of America
A Proclamation
Harriet Beecher Stowe helped galvanize the abolitionist movement with
her groundbreaking literature. Frances Perkins advised President
Franklin Delano Roosevelt and led the Department of Labor during one of
its most challenging periods in history. Barbara McClintock helped
unlock the mysteries of genetics and earned a Nobel Prize. These and
countless other women have broken barriers and changed the course of our
history, allowing women and men who followed them the opportunity to
reach greater heights.
Despite these achievements, 46 years since the passage of the Equal Pay
Act and 233 years since our Nation was established with the principle of
equal justice under law, women across America continue to experience
discrimination in the form of pay inequity every day. Women in the
United States earn only 78 cents for every dollar a man earns, and today
marks the inauspicious occasion when a woman's earnings finally catch up
with a man's from the previous year. On National Equal Pay Day, we
underscore the importance of this issue to all Americans.
If we wish to honor our Nation's highest ideals, we must end wage
discrimination. The Founders established a timeless framework of rights
for the American people. Generation after generation has worked and
sacrificed so that this framework might be applied equally to all
Americans. To honor these Americans and stay true to our founding
ideals, we must carry forward this tradition and breathe life into these
principles by supporting equal pay for men and women.
Wage discrimination has a tangible and negative impact on women and
families. When women receive less than their deserved compensation, they
take home less for themselves and their loved ones. Utilities and
groceries are more difficult to afford. Mortgages and rent bills are
harder to pay. Children's higher education is less financially feasible.
In later years of life, the retirement that many women have worked so
hard for--and have earned--is not possible. This problem is particularly
dire for women who are single and the sole supporters of their families.
Women should not and need not endure these consequences.
My Administration is working to advance pay equity in the United
States. The first bill I signed into law as President, the Lilly
Ledbetter Fair Pay Act of 2009, allows more women to challenge pay
discrimination by extending the timeline within which complaints can be
filed. This law advances the struggle for equal pay, but it is only an
initial step. To continue this progress, I issued an Executive Order
establishing the White House Council on Women and Girls. This high-level
body, composed of Cabinet members and heads of sub-Cabinet agencies, is
charged with advancing the rights and needs of women, including equal
pay.
Still, Government can only advance this issue so far. The collective
action of businesses, community organizations, and individuals is
necessary to ensure that every woman receives just treatment and
compensation. We Americans must come together to ensure equal pay for
both women and men by reminding ourselves of the basic principles that
underlie our Nation's strength and unity, understanding the unnecessary
sacrifices that pay inequity causes, and recalling the countless women
leaders who have proven what women can achieve.
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 April 28, 2009, as
National Equal Pay Day. I call upon American men and women, and all
employers, to acknowledge the injustice of wage discrimination and to
commit themselves to equal pay for equal work.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8367 of April 30, 2009
Law Day, U.S.A., 2009
By the President of the United States of America
A Proclamation
In 1958, President Eisenhower established Law Day as ``a day of
national dedication to the principles of government under law.'' Each
year on Law Day, we celebrate our commitment to the rule of law. That
great commitment is enshrined in the Declaration of Independence and the
United States Constitution, and has been reaffirmed by the words and
deeds of great Americans throughout our Nation's history.
This year we celebrate the bicentennial of the birth of one such
American, President Abraham Lincoln. Lincoln rose from humble beginnings
to guide our Nation through the most turbulent period in its history.
His dedication to the rule of law and to equality under the law, and his
refusal to retreat from the greatest moral challenge ever to confront
us, gave us the Emancipation Proclamation and the preservation of our
Union. His dedication also gave us the Gettysburg Address, with its
resolution that ``government of the people, by the people, for the
people, shall not perish from the earth.'' Indeed, Lincoln was one of
the greatest Presidents and one of the greatest lawyers, in our Nation's
history.
Lincoln's lasting legacy is his vision of the ``more perfect Union''
promised in our Constitution's preamble. According to Lincoln, ``The
legitimate object of government is to do for a community of people
whatever they need to have done, but cannot do at all, or cannot do so
well for themselves, in their separate and individual capacities.'' This
vision of a true United States of America, bound together by a
recognition of the common good, guided our country through its darkest
hour and helped it re-emerge as a beacon of freedom and equality under
law.
On this Law Day, I encourage Americans to reflect on this legacy. By
continuing a national conversation on the principles for which Lincoln
stood, and by highlighting the attributes of this great American, we can
help ensure that the legacy of our sixteenth President endures and that
the United States remains dedicated to the principles of government
under law.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, in accordance with Public Law 87-20, as amended, do hereby
proclaim May 1, 2009, as Law Day, U.S.A. I call upon the people of the
United States to acknowledge the importance of our Nation's legal and
judicial systems with appropriate ceremonies and activities, and to
display the flag of the United States in support of this national
observance.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8368 of May 1, 2009
Loyalty Day, 2009
By the President of the United States of America
A Proclamation
More than two centuries ago, our Nation's Founders declared the birth of
a new Nation and began an experiment in self-governance. The young
Republic committed itself to protecting the rights of life, liberty, and
the pursuit of happiness for all citizens. These ideals inspired loyalty
to the young Nation and moved volunteers to fight for their
independence.
Generations later, these founding principles continue to unify and
command the loyalty of the American people. The United States has
expanded in size, increased in population, and grown in diversity, yet
the promise of liberty and the pursuit of happiness arouse the
patriotism and loyalty of Americans anew. Just as early settlers pledged
to do their part to build the new Nation, now recent immigrants--loyal
to the very same values--are helping America fulfill its promise.
We enjoy these blessings of liberty only because brave patriots have
answered the call of duty. The men and women of the United States Armed
Forces exemplify loyalty to our highest ideals, as do those who have
fought valiantly for civil rights within our borders. These Americans
and many others have made enormous sacrifices, and our Nation is
grateful for their selflessness and unshakeable loyalty.
The Congress, by Public Law 85-529, as amended, has designated May 1 of
each year as ``Loyalty Day.'' On Loyalty Day, we honor our Nation and
remember with pride the courageous individuals who help keep it safe and
strong and who honor its legacy of freedom and equal opportunity.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim May 1, 2009, as Loyalty Day. I call upon all
the people of the United States to join in support of this national
observance and to display the flag of the United States on Loyalty Day.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of May,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8369 of May 1, 2009
Asian American and Pacific Islander Heritage Month, 2009
By the President of the United States of America
A Proclamation
The vast diversity of languages, religions, and cultural traditions of
Asian Americans and Pacific Islanders continues to strengthen the fabric
of American society. From the arrival of the first Asian American and
Pacific Islander immigrants 150 years ago to those who arrive today, as
well as those native to the Hawaiian Islands and to our Pacific Island
territories, all possess the common purpose of the fulfilling the
American dream and leading a life bound by the American ideals of life,
liberty, and the pursuit of happiness.
During Asian American and Pacific Islander Heritage Month, we remember
the challenges and celebrate the achievements that define our history.
Asian Americans and Pacific Islanders have endured and overcome hardship
and heartache. In the earliest years, tens of thousands of Gold Rush
pioneers, coal miners, transcontinental railroad builders, as well as
farm and orchard laborers, were subject to unjust working conditions,
prejudice, and discrimination--yet they excelled. Even in the darkness
of the Exclusion Act and Japanese internment, Asian Americans and
Pacific Islanders have persevered, providing for their families and
creating opportunities for their children.
Amidst these struggles, Asian Americans and Pacific Islanders have
contributed in great and significant ways to all aspects of society.
They have created works of literature and art, thrived as American
athletes, and prospered in the world of academia. Asian Americans and
Pacific Islanders have played a vital role in our Nation's economic and
technological growth by establishing successful enterprises and pushing
the limits of science. They are serving in positions of leadership
within the government more now than ever before. And along with all of
our great service men and women, they have defended the United States
from threats at home and abroad, serving our Nation with valor.
From the beaches of the Pacific islands and the California coast, the
grasslands of Central Asia and the bluegrass of Kentucky, and from the
summits of the Himalayas and the Rocky Mountains, the Asian American and
Pacific Islander community hails from near and far. This is the story of
our more perfect union: that it is diversity itself that enriches, and
is fundamental to, the American story.
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 May 2009, as Asian
American and Pacific Islander Heritage Month. I call upon the people of
the United States to learn more about the history of Asian Americans and
Pacific Islanders and to observe this month with appropriate programs
and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of May,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8370 of May 1, 2009
National Physical Fitness and Sports Month, 2009
By the President of the United States of America
A Proclamation
A morning walk in the neighborhood or Saturday game of catch with a
child can brighten the day. Simple activities like these also contribute
to our physical fitness. As the weather warms and invites us outside, I
encourage Americans to consider the many simple ways to add physical
fitness activities to our lives. Incorporating these habits can put a
smile on your face, and it can also improve your long-term health and
well-being.
This issue deserves our attention because physical activity can help
curtail the rise in chronic diseases facing our Nation today. Among
children and adolescents, regular physical activity can improve bone
health and muscular fitness. Physical activity also helps prevent
childhood obesity, which is a serious threat to our Nation's health.
Among adults young and old, physical activity has been shown to combat
obesity, while reducing the risk of heart disease, stroke, and certain
cancers. Even moderate amounts of physical activity can reduce the risk
of premature death. All Americans should understand the significant
benefits physical activity provides.
Individuals, employers, and communities can take steps to promote
physical fitness. Depending on his or her ability, every American can
try to be healthier by, for example, walking or biking to work if it is
nearby, being active during free time, and eating healthier meals.
Employers can raise awareness and incorporate physical activity in the
workplace, and communities can promote access to recreational activities
and parks.
The Department of Health and Human Services' Physical Activity
Guidelines for Americans are designed to help Americans of various ages
and abilities engage in physical activity that can be incorporated
easily into their daily lives. More information about the Guidelines is
available at: www.health.gov/paguidelines.
To encourage attention to physical fitness, the President's Council on
Physical Fitness and Sports sponsors the National President's Challenge,
a six-week competition to determine America's most active State. The
Challenge extends from May 1 through July 24 this year. I encourage
Americans to register for the Challenge at www.presidentschallenge.org
and to begin recording activity to help their State win this year's
competition.
By learning about the benefits of physical fitness, staying motivated,
and being active and eating healthy, more Americans can live healthier,
longer, and happier lives.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 2009, as National
Physical Fitness and Sports Month. I call upon the American people to
take control of their health and wellness by making physical activity,
fitness, and sports participation an important part of their daily
lives. I encourage individuals, businesses, and community organizations
to renew their commitment to personal fitness and health by celebrating
this month with appropriate events and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of May,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8371 of May 4, 2009
Older Americans Month, 2009
By the President of the United States of America
A Proclamation
Older Americans have carried our Nation through great challenges and
triumphs. They have enriched our national character and strengthened the
Republic for those who have followed. During the month of May, we pay
tribute to the wisest among us.
Throughout the land, older Americans are strengthening our communities
and the American way of life. Many senior citizens remain in the
workforce to support themselves and their families. Others are embarking
on second careers and exploring new interests and fields of knowledge.
Inspiring citizens of all ages, many serve as advocates and volunteers
in community service roles. In this important work, they make a real
difference in the daily lives of fellow citizens of all ages, while
promoting and strengthening the American spirit of civic participation.
My Administration is working to create opportunities for older Americans
to share their skills and wisdom with younger generations. One of the
bills I recently signed into law, the Edward M. Kennedy Serve America
Act, expands and improves service opportunities for older Americans. Our
Nation can benefit greatly from the experience and hard work of our
older Americans, and I am committed to providing service opportunities
to achieve this end.
We owe older Americans a debt of gratitude and must work to help them
age with dignity. Through home- and community-based services, including
health promotion and preventive care programs, many older Americans are
able to live more independent and healthier lives. This year's theme for
Older Americans Month, ``Living Today for a Better Tomorrow,'' captures
the importance of helping seniors today so they can enjoy the years
ahead.
My Administration is committed to supporting older Americans and is
working to strengthen health care, retirement, community involvement,
and other programs vital to their interests and beneficial to all of us.
Older Americans have earned this support, and we owe them nothing less.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 2009 as Older
Americans Month. I invite Americans of all ages; representatives of
government at all levels; businesses and communities; faith-based and
neighborhood organizations; and health, academic, and recreational
institutions to acknowledge the contributions of older Americans during
this month and throughout the year.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of May,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8372 of May 4, 2009
National Charter Schools Week, 2009
By the President of the United States of America
A Proclamation
Improving our schools is the collective responsibility of all
Americans--business owners and workers, educators and parents, students
and their communities. We must ensure that all students receive a high-
quality education that delivers the knowledge and skills needed to
succeed, and that young men and women stay on the path to graduation and
a life-long commitment to learning.
Many successful public charter schools across the Nation are working to
meet these goals. Founded by parents, teachers, and civic or community
organizations, our Nation's public charter schools enjoy broad leeway to
innovate.
The best public charter schools and their students are thriving in
States that have adopted a rigorous selection and review process to
ensure that autonomy is coupled with greater accountability. The growth
of effective public charter schools benefits our children, and States
have an important role to play in their expansion.
During National Charter Schools Week, we recognize these public charter
schools for their dedication and commitment to achievement in education.
They are models of excellence and are promoting the interests of our
children, our economy, and our Nation as a whole.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 3 through May 9, 2009,
as National Charter Schools Week. I commend our Nation's successful
public charter schools, teachers, and administrators, and I call on
States and communities to support public charter schools and the
students they serve.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of May,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8373 of May 6, 2009
World Trade Week, 2009
By the President of the United States of America
A Proclamation
When the world's consumers fly in a U.S.-manufactured airplane, eat a
steak from America's heartland, watch a Hollywood movie, or visit the
Grand Canyon, they are helping to create and maintain good jobs for
Americans.
World Trade Week is an opportunity to reaffirm the benefits of trade and
to emphasize America's commitment to a global marketplace that creates
good jobs and lifts up American families. The United States and our
trading partners stand to gain when trade is open, transparent, rules-
based, and fair, showing respect for labor and environmental standards.
The United States is well-positioned to reap the benefits of trade.
America is a leader in the global marketplace and ranks at the top of
almost every measure of global competitiveness. Our businesses, workers,
and farmers remain the most innovative, productive, and adaptable in the
world. The United States is also the world's largest exporter.
Trade is a significant and increasingly important contributor to U.S.
economic growth. Exports accounted for 13 percent of U.S. economic
activity in 2008, and they support millions of jobs in the United
States. In difficult economic times, it is even more important for
American industry to take advantage of every opportunity for export-
driven growth. That is why I will work to open more markets to U.S.
exports, including in such important job growth industries as energy
efficiency, clean energy, and health information technology.
Imports can also benefit the United States by increasing consumer choice
while lowering prices for millions of working families. In addition,
imports can support employment for retailers, distributors, the
transportation sector, and domestic manufacturers which rely on global
supply chains to make products for both the U.S. and international
markets.
We must ensure that the benefits of trade are spread more widely. This
can be achieved by training and supporting Americans and ensuring that
trade agreements provide the economic opportunities that Americans
deserve. Workers who lose their jobs through no fault of their own
deserve the chance to be retrained for a new economic environment. That
is one of the reasons I signed the American Recovery and Reinvestment
Act of 2009 (ARRA), which improves Trade Adjustment Assistance to help
families that are struggling now. For the long term, the ARRA also
invests in an education system that will prepare our children to compete
and succeed in the global economy.
We will negotiate future trade agreements to create opportunities for
all Americans. My Administration is committed to building on existing
trade agreements and bilateral investment treaties in an open and
transparent manner. In consultation with the American people, the
Congress, key stakeholders, and our trading partners, I am developing a
plan of action for pending free trade agreements. I will also work with
our trading partners to advance a strong market-opening agreement for
agriculture, industrial goods, and services through the Doha Development
Round and through other negotiations. Together, we can build a trading
regime that spreads its benefits among Americans and also benefits
workers in our partner countries.
Transparency and inclusiveness are central principles we must adhere to
as we seek to expand trade. When trade agreements are negotiated in
consultation with the American people, the benefits of trade can be
understood more broadly. Through open dialogue, the concerns of American
and foreign workers can be addressed and the environmental consequences
of trade agreements can be identified and mitigated.
With a transparent, free, and fair framework, we can make trade a
powerful contributor to the revival of the U.S. and global economies.
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 May 17 through May 23,
2009, as World Trade Week. I encourage all Americans to observe this
week with events, trade shows, and educational programs that celebrate
the benefits of trade to our Nation and the global economy.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of May,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8374 of May 7, 2009
National Day of Prayer, 2009
By the President of the United States of America
A Proclamation
Throughout our Nation's history, Americans have come together in moments
of great challenge and uncertainty to humble themselves in prayer. In
1775, as the Continental Congress began the task of forging a new
Nation, colonists were asked to observe a day of quiet humiliation and
prayer. Almost a century later, as the flames of the Civil War burned
from north to south, President Lincoln and the Congress once again asked
the American people to pray as the fate of their Nation hung in the
balance.
It is in that spirit of unity and reflection that we once again
designate the first Thursday in May as the National Day of Prayer. Let
us remember those who came before us, and let us each give thanks for
the courage and compassion shown by so many in this country and around
the world.
On this day of unity and prayer, let us also honor the service and
sacrifice of the men and women of the United States Armed Forces. We
celebrate their commitment to uphold our highest ideals, and we
recognize that it is because of them that we continue to live in a
Nation where people of all faiths can worship or not worship according
to the dictates of their conscience.
Let us also use this day to come together in a moment of peace and
goodwill. Our world grows smaller by the day, and our varied beliefs can
bring us together to feed the hungry and comfort the afflicted; to make
peace where there is strife; and to lift up those who have fallen on
hard times. As we observe this day of prayer, we remember the one law
that binds all great religions together: the Golden Rule, and its call
to love one another; to understand one another; and to treat with
dignity and respect those with whom we share a brief moment on this
Earth.
The Congress, by Public Law 100-307, as amended, has called on the
President to issue each year a proclamation designating the first
Thursday in May as a ``National Day of Prayer.''
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim May 7, 2009, as a National Day of Prayer. I
call upon Americans to pray in thanksgiving for our freedoms and
blessings and to ask for God's continued guidance, grace, and protection
for this land that we love.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of
May, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8375 of May 8, 2009
Military Spouse Day, 2009
By the President of the United States of America
A Proclamation
Military spouses share the sacrifices of service with our Nation's men
and women in uniform. As members of the Armed Forces serve in the United
States and across the world, military spouses also serve our Nation.
When a servicemember goes to war, we know their spouse also shares in
that sacrifice. I am inspired by their commitment to family and our
Nation, and on Military Spouse Day, we honor these individuals for their
contributions.
Wives and husbands of servicemembers display an uncommon courage and
strength as they steadfastly support their spouses during long and
arduous deployments. While they endure separations that are filled with
worry and anxiety, they face unique stresses. Foremost is the concern
about the safety and well-being of deployed loved ones, but there are
many other challenges. From managing household finances to comforting
children impacted by a military parent's absence, military spouses take
on the burdens of maintaining families largely on their own. This task
is complicated even more as spouses work to maintain careers and a sense
of community while moving to new duty stations around the country and
the world.
Despite these hardships, military spouses are an inexhaustible source of
strength for our military families and donate their time generously to
local communities. Military spouses offer the love and encouragement
that help servicemembers endure the challenges of serving our Nation.
Military spouses support one another as friends and mentors. They serve
in family readiness groups to keep fellow spouses informed and to
provide mutual support. They contribute as volunteers to improve
neighborhoods, military installations, and communities. These
contributions strengthen both our Nation's character and its security.
All Americans should express appreciation for military spouses and let
them know they are not alone. To help those who need it, friends, co-
workers, and neighbors can offer to help with the burden of daily tasks
and thus give military spouses more time for themselves and their
families. To assist spouses who are coping with the absence of a loved
one, individuals can listen and offer their counsel. Americans can also
volunteer through the many organizations that provide assistance to
military families.
Our Nation maintains a sacred trust with every individual who serves.
My Administration is committed to showing our Nation's gratitude for
them by honoring our obligations to their families.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 8, 2009, as Military
Spouse Day. I call upon the people of the United States to honor
military spouses with appropriate ceremonies and activities today and in
the future.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of May,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8376 of May 8, 2009
Mother's Day, 2009
By the President of the United States of America
A Proclamation
The time-honored tradition of recognizing mothers grew out of the
imagination of a few bold women. Julia Ward Howe, composer of The Battle
Hymn of the Republic, urged mothers to advocate for peace through a day
dedicated to them. After her own mother passed away, Anna Jarvis sought
to recognize the great influence mothers have on society. These efforts
led to the recognition of mothers through a Congressional Resolution and
President Woodrow Wilson's proclamation of the first Mother's Day in
1914. Today, we proudly carry forward this tradition in honor of
mothers, the special women whose love and lessons profoundly impact our
lives.
Mothers are the bedrock of the American family--vital to their
children's growth and happiness and to the success of our country.
Children's lives are shaped by their mothers, whose care provides the
foundation for their development. Mothers instill the values and
confidence that help define their children's character and self-esteem,
and offer a guiding clarity of spirit. Mothers are role models,
teachers, and sources of unconditional support. There is no substitute
for the bond of love between mother and child, and nothing is more
worthy of reverence.
Across America, mothers raise children under an array of circumstances.
They may care for a child with the help of a spouse, family members, and
friends, or they may do this job alone as a single parent. They may be
biological mothers, adoptive mothers, or foster mothers, but all open
their hearts to their children and nurture them through their life
journey. Caring for children also means putting food on the table,
ensuring their needs are met, and staying involved in their daily lives.
Women often work long hours at demanding jobs and then return home to a
household with myriad demands. Balancing work and family is no easy
task, but mothers across our Nation meet this challenge each day, often
without recognition for their hard work and dedication. The strength and
conviction of all mothers--including those who work inside and outside
the home--are inspiring. They deserve our deepest respect, admiration,
and appreciation.
A mother's love is a cherished blessing, for it is selfless,
unconditional, and true. This Mother's Day, let us honor our mothers who
continue to inspire us, and remember those whose loving spirits sustain
us still.
The Congress, by a joint resolution approved May 8, 1914 (38 Stat. 770),
has designated the second Sunday in May each year as ``Mother's Day''
and requested the President to call for its appropriate observance.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim May 10, 2009, as Mother's Day. I urge all
Americans to express their love, respect, and gratitude to mothers
everywhere, and I call upon all citizens to observe this day with
appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of May,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8377 of May 11, 2009
National Defense Transportation Day and National Transportation Week,
2009
By the President of the United States of America
A Proclamation
Every day, Americans rely on roads, rails, ports, and airports to get to
work and to transport goods and services. At the same time, the United
States Armed Forces rely on our transportation infrastructure to move
personnel and supplies. During National Transportation Week and on
National Defense Transportation Day, we underscore the importance of the
transportation system to our Nation's economy and security. We also
honor the dedicated professionals who build, maintain, and operate our
transportation infrastructure.
From rural roads to state-of-the-art intermodal facilities,
transportation infrastructure is crucial to economic growth. Goods and
services flow constantly across land, water, and sky, and our most
efficient modes of travel save businesses and consumers money, and can
reduce impacts on our environment. To compete in the 21st century global
economy, the United States must have an advanced transportation system.
Securing America's energy future and maintaining our national defense
also require a robust transportation system. Whether responding to
natural disasters at home or mobilizing resources to defend America
abroad, transportation is vital to keeping Americans safe. Global
climate change and our reliance on foreign oil have also created
tremendous national security challenges. To solve these problems and
create new economic opportunities, we must make our transportation
system cleaner and more efficient.
My Administration has taken bold action to rebuild our Nation's
crumbling infrastructure. The American Recovery and Reinvestment Act
integrates the goals of job creation and economic growth with a renewed
commitment to transportation. This legislation will fund projects to
improve public transportation, repair highways and roads, modernize
airports and seaports, and invest in renewable energy, all while
creating or saving hundreds of thousands of jobs.
To make the most of every taxpayer dollar, my Administration is working
side-by-side with State and local governments and the private sector to
provide oversight and to closely monitor these transportation
investments.
The women and men who support this critical sector every day make this
plan possible. Renewing America's transportation system is an historic
task, and I am convinced they will rise to the challenge.
The Congress has requested, by joint resolution approved May 16, 1957,
as amended (36 U.S.C. 120), that the President designate the third
Friday in May of each year as ``National Defense Transportation Day,''
and, by joint resolution approved May 14, 1962, as amended (36 U.S.C.
133), that the week during which that Friday falls be designated as
``National Transportation Week.''
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim Friday, May 15, 2009, as National Defense
Transportation Day and May 10 through May 16, 2009, as National
Transportation Week. I call upon all Americans to recognize the
importance of our Nation's transportation infrastructure and to
acknowledge the contributions of those who build, operate, and maintain
it.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
May, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8378 of May 11, 2009
Peace Officers Memorial Day and Police Week, 2009
By the President of the United States of America
A Proclamation
Every day, peace officers put on their uniforms and go to work to
safeguard America's communities and uphold the freedoms we hold dear.
This week we honor their contributions and sacrifice.
Law enforcement officers routinely place themselves in harm's way to
protect people they do not and will not know. They serve willingly and
devotedly, and their commitment is essential for us to maintain a
healthy quality of life, a strong economy, the safety of our families,
and a robust national security system.
My Administration is working to keep Americans safe and to strengthen
the Federal partnership with America's peace officers. The American
Recovery and Reinvestment Act, which I recently signed, makes $4 billion
available for State and local law enforcement. This provision will save
or create thousands of law enforcement jobs across the country through
the revitalized Community Oriented Policing Services Hiring Recovery
Program. The Recovery Act also provides $2 billion through the Edward
Byrne Memorial Justice Assistance Grant Program. These measures will put
more officers on the street and help those already serving to perform
their jobs more effectively.
The benefits that peace officers provide come with great sacrifice.
Every year, many give their lives in the performance of their duties.
Their contributions live on in the communities they strengthened, and
their service will never be forgotten. This week, as we recognize their
commitment to duty, we renew our pledge to support their families and
colleagues.
The President has been requested to designate May 15 of each year as
Peace Officers Memorial Day in honor of all Federal, State, and local
officers killed or disabled in the line of duty, and to designate that
week as Police Week in recognition of their service given to the United
States (36 U.S.C. 136-37).
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim May 15, 2009, as Peace Officers Memorial Day
and May 10 through May 16, 2009, as Police Week. I call upon all
Americans to observe these events with appropriate ceremonies and
activities. I also call on Governors of the United States and the
Commonwealth of Puerto Rico, officials of the other territories subject
to the jurisdiction of the United States, and appropriate officials of
all units of government, to direct that the flag be flown at half staff
on Peace Officers Memorial Day. I further encourage all Americans to
display the flag at half staff from their homes and businesses on that
day.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
May, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8379 of May 12, 2009
Jewish American Heritage Month, 2009
By the President of the United States of America
A Proclamation
The Jewish American tradition exemplifies the strength of the American
immigrant tradition. Since Jews arrived in New Amsterdam in 1654, Jewish
Americans have maintained a unique identity just as they have enmeshed
themselves in the fabric of the United States. This month we celebrate
this inspiring and unifying narrative.
Jewish Americans across the United States practice the faith and
celebrate the culture of their ancestors. Across the Nation every day,
individuals emulate their forebears by seeking to perform mitzvot, the
hundreds of commandments set forth in the Torah. The term ``mitzvah''
has come to mean ``good deed,'' and many Jews have adopted these
practices to serve their communities. Other mitzvot include observing
holidays, such as Passover, which marks the exodus from Egypt; and Yom
Kippur, a time to contemplate and seek forgiveness for the sins of the
past year; and Shabbat, the weekly day of rest.
The focus on preserving traditions is a notable characteristic of Jewish
culture. Many Jewish religious and cultural practices have developed and
adapted over the millennia, yet the fundamental exhortation to ensure
that long-cherished ways of life are passed on to future generations
remains as strong as ever before. Many Jewish Americans carry on this
belief as they instill these traditions in their children.
Seeking to preserve their culture and start anew, Jewish immigrants have
departed familiar lands to pursue their own American dreams for more
than 300 years. During some periods, Jews sought refuge in the United
States from the horrors and tragedies of persecution, pogroms, and the
Holocaust. During other times, they came to seek better lives and
greater economic opportunities for themselves and their children.
Jewish Americans have immeasurably enriched our Nation. Unyielding in
the face of hardship and tenacious in following their dreams, Jewish
Americans have surmounted the challenges that every immigrant group
faces, and have made unparalleled contributions. Many have broken new
ground in the arts and sciences. Jewish American leaders have been
essential to all branches and levels of government. Still more Jewish
Americans have made selfless sacrifices in our Armed Forces. The United
States would not be the country we know without the achievements of
Jewish Americans.
Among the greatest contributions of the Jewish American community,
however, is the example they have set for all Americans. They have
demonstrated that Americans can choose to maintain cultural traditions
while honoring the principles and beliefs that bind them together as
Americans. Jewish American history demonstrates how America's diversity
enriches and strengthens us all.
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 May 2009 as Jewish
American Heritage Month. I call upon all Americans to commemorate the
proud heritage of Jewish Americans with appropriate ceremonies and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of May,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8380 of May 14, 2009
Armed Forces Day, 2009
By the President of the United States of America
A Proclamation
On Armed Forces Day, 1961, President Kennedy connected civic engagement
and our Nation's security. He stated, ``the strength of our armed forces
rests not alone upon their active and reserve members, our industrial
productivity, and our human resources, but also upon the understanding
and support of an informed American people.'' Based on this perspective,
I call upon all Americans to learn more about, and express gratitude
for, the heroic efforts of our men and women in uniform.
Today, the United States military serves across the world to keep us
safe. They are working here at home to protect America from threats
foreign and domestic; they are risking their lives in the deserts of
Iraq and the mountains of Afghanistan; and they are also serving bravely
in many other parts of the world to ensure our security and provide
humanitarian assistance. Members of the Armed Forces are forging a
better future for our Nation and the world.
As they carry out their missions, military families endure the
sacrifice of their absence. Worrying about their safety, moving to new
duty stations, and managing a home without a loved one, these families
shoulder great burdens as they help sustain our men and women in
uniform. I thank military families for their vital contributions.
The Soldiers, Sailors, Airmen, Marines, and Coastguardsmen who have
answered the call to service deserve recognition and gratitude. They
have endured the most difficult of conditions to protect America and her
highest ideals. Today, I ask all Americans to know their sacrifice and
join me in humble thanks.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, and Commander in Chief of the Armed Forces of the United
States, continuing the precedent of my predecessors in office, do hereby
proclaim the third Saturday of each May as Armed Forces Day.
I direct the Secretary of Defense on behalf of the Army, Navy, Air
Force, Marine Corps, and the Secretary of Homeland Security on behalf of
the Coast Guard, to plan for appropriate observances each year, with the
Secretary of Defense responsible for soliciting the participation and
cooperation of civil authorities and private citizens.
I invite the Governors of the States, the Commonwealth of Puerto Rico,
and other areas subject to the jurisdiction of the United States, to
provide for the observance of Armed Forces Day within their jurisdiction
each year in an appropriate manner designed to increase public
understanding and appreciation of the Armed Forces of the United States.
I also invite national and local veterans, civic and other
organizations to join in the observance of Armed Forces Day each year.
Finally, I call upon all Americans to display the flag of the United
States at their homes on Armed Forces Day and urge citizens to learn
more about military service by attending and participating in the local
observances of the day. I also encourage Americans to volunteer at
organizations that provide support to our troops.
Proclamation 7562 of May 16, 2002, is hereby superseded.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
May, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8381 of May 15, 2009
National Safe Boating Week, 2009
By the President of the United States of America
A Proclamation
Each year, millions of Americans take to our Nation's waterways for
recreational boating. Whether paddling down a rushing river or cruising
on a serene lake, boaters are attracted to the incomparable feeling of
being out on the water. They also are drawn by opportunities to
exercise, appreciate nature, enjoy quiet solitude, or relax with family
and friends.
Unfortunately, accidents can occur as Americans participate in this
popular pastime. Many serious incidents are preventable, and during
National Safe Boating Week, I ask Americans to learn more about how to
enjoy our Nation's waters safely and responsibly.
Simple steps can greatly reduce the chances of an accident. In
preparation for the boating season, Americans can take boating safety
courses and get a free vessel safety check. These steps can help prevent
problems before they happen and prepare boaters for problems that may
occur while on the water. Boaters should also wear a Coast Guard-
approved life jacket and never boat under the influence of drugs or
alcohol. These critical precautions can save lives and help ensure a
fulfilling experience.
Each year during this week, the United States Coast Guard partners with
organizations to educate and inform the public about safe boating. I
join them in calling upon Americans to protect themselves and others
while boating.
Recognizing the importance of safe boating practices, the Congress, by
joint resolution approved June 4, 1958 (36 U.S.C. 131), as amended, has
authorized and requested the President to annually proclaim the 7-day
period prior to Memorial Day weekend as ``National Safe Boating Week.''
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim May 16 through May 22, 2009, as National
Safe Boating Week. I encourage all Americans to join in observing this
occasion by learning more about boating safety and committing themselves
to safe practices on the water.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
May, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8382 of May 15, 2009
Small Business Week, 2009
By the President of the United States of America
A Proclamation
The entrepreneurial spirit lies at the core of our Nation's economy and
identity. If Americans with good ideas can work hard, put their plan to
the test, and succeed, the American economy will continue to create jobs
and lead the world in innovation and productivity. During National Small
Business Week, we honor the entrepreneurs and small business owners who
are the engine of our economy. Their ingenuity and hard work are
critical to our Nation's prosperity.
Small businesses are the lifeblood of cities and towns across the
country. Over the last decade, small businesses created 70 percent of
new jobs, and they are responsible for half of all jobs in the private
sector. They also help enhance the lives of our citizens by improving
our quality of life and creating personal wealth. Small businesses will
lead the way to prosperity, particularly in today's challenging economic
environment.
My Administration is committed to economic policies that encourage
enterprise and make America the best place in the world to do business.
To support the free flow of credit, I have worked to increase loan
guarantees, reduce borrowing fees, quicken loan processing, and unlock
the secondary markets that support small business lending, among other
measures. I also support tax policies that promote investment in small
businesses, as well as health care reform that will help these
businesses provide more workers with quality health care services.
Our Nation's success depends on America's small businesses and
entrepreneurs. Their contributions are necessary to rebuild our economy
so that it once again offers the opportunity to succeed to all who seek
it. This week we thank small business owners, entrepreneurs, and
employees for helping America achieve that promise.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 17 through May 23,
2009, as National Small Business Week. I call upon Government officials,
industry leaders, and advocates across the Nation to encourage our
citizens to celebrate the achievements of small business owners and
encourage the creation of new businesses.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
May, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8383 of May 20, 2009
Emergency Medical Services Week, 2009
By the President of the United States of America
A Proclamation
Emergency medical services providers rush into scenes of uncertainty
and fear, and they help establish order and calm--and save lives in the
process. They include educators, 911 dispatchers, first responders,
emergency medical technicians, paramedics, nurses, physicians, and many
others. These highly skilled teams respond to emergencies 24 hours a
day, 7 days a week.
When Americans find themselves in unexpected life-threatening
situations, emergency medical services (EMS) providers provide rapid
help. Quality emergency medical care dramatically improves the survival
and recovery prospects for those who experience sudden injury or
illness. These EMS teams play a vital role in our Nation's overall
health and safety, as well as our preparedness for pandemic disease and
disasters both natural and man-made.
Emergency medical services providers hail from a variety of backgrounds
and circumstances. They work in rural volunteer fire departments, urban
hospitals, along our coastal waterways, and among fire-prone western
forests. Many spend their off-duty time obtaining extra training and
enhancing their lifesaving skills. All share a common aspiration to help
those in need, and during Emergency Medical Services Week, we express
our appreciation for their critical work.
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 May 17 through May 23,
2009, as Emergency Medical Services Week. I encourage all Americans to
observe this occasion by sharing their support with local EMS workers
and taking steps to improve their personal safety and preparedness.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
May, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8384 of May 20, 2009
National Maritime Day, 2009
By the President of the United States of America
A Proclamation
Americans have long looked to the sea as a source of security and
prosperity. Bounded by two oceans and the Gulf of Mexico, and criss-
crossed by a myriad of inland waterways, America's destiny as a maritime
nation was a story foretold.
The Merchant Marine took up arms alongside the Continental Navy to help
defeat the British Navy during the American Revolution. Since then, they
have served bravely as the United States has faced threats ranging from
war to piracy, and our seafaring fleet has proven instrumental in
protecting our safety. In times of conflict and crisis, the Armed Forces
rely on the Merchant Marine's sealift capability to transport critical
equipment and supplies. Time and again, mariners have demonstrated their
willingness and ability to meet daunting challenges.
Waterways have also enabled much of the commerce that has expanded
America's economy. Domestic and international commerce occurred along
rivers and coasts even before our Nation's birth. Great cities have
sprouted near waterways, and maritime activity remains crucial to our
economy today.
The men and women of the U.S. Merchant Marine and the many other workers
who have supported the maritime industry have made significant
contributions to our leadership in the global marketplace, and to our
security.
On this National Maritime Day, we also mark the opening of a permanent
exhibition at the Smithsonian Institution, ``On the Water.'' It
demonstrates the importance of the maritime industry and chronicles our
history as a maritime nation.
The Congress, by a joint resolution approved May 20, 1933, has
designated May 22 of each year as ``National Maritime Day'' and has
authorized and requested the President to issue annually a proclamation
calling for its appropriate observance.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim May 22, 2009, as National Maritime Day. I
call upon the people of the United States to mark this observance by
honoring the service of merchant mariners and by displaying the flag of
the United States at their homes and in their communities. I also
request that all ships sailing under the American flag dress ship on
that day.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
May, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8385 of May 22, 2009
Prayer for Peace, Memorial Day, 2009
By the President of the United States of America
A Proclamation
For over two centuries, Americans have defended our Nation's security
and protected our founding principles of democracy and equal justice
under law. On Memorial Day, we honor those who have paid the ultimate
price in defense of these freedoms.
Members of the United States Armed Forces have placed our Nation's
safety before their own for generations. From the first shots fired at
Lexington and Concord to the current conflicts in Iraq and Afghanistan,
these brave patriots have taken on great risks to keep us safe, and they
have served with honor and distinction. All Americans who have enjoyed
the blessings of peace and liberty remain in their debt.
As we remember the selfless service of our fallen heroes, we pray for
God's grace upon them. We also pray for all of our military personnel
and veterans, their families, and all those who have lost loved ones in
the defense of our freedom and safety.
Today, as we commend their deeds, we also bear a heavy burden of
responsibility to ensure that their sacrifices will not have been in
vain. This means that, as we uphold the ideals for which many have given
their last full measure of devotion, the United States must never waver
in its determination to defend itself, to be faithful in protecting
liberty at home and abroad, and to pursue peace in the world.
In respect for their dedication and service to America, the Congress,
by a joint resolution approved on May 11, 1950, as amended (36 U.S.C.
116), has requested the President to issue a proclamation calling on the
people of the United States to observe each Memorial Day as a day of
prayer for permanent peace and designating a period on that day when the
people of the United States might unite in prayer. The Congress, by
Public Law 106-579, has also designated 3:00 p.m. local time on that day
as a time for all Americans to observe, in their own way, the National
Moment of Remembrance.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim Memorial Day, May 25, 2009, as a day of
prayer for permanent peace, and I designate the hour beginning in each
locality at 11:00 a.m. of that day as a time to unite in prayer. I also
ask all Americans to observe the National Moment of Remembrance
beginning at 3:00 p.m. local time on Memorial Day. I urge the press,
radio, television, websites, and all other media to participate in these
observances. I also request the Governors of the United States and the
Commonwealth of Puerto Rico, and the appropriate officials of all units
of government, to direct that the flag be flown at half-staff until noon
on this Memorial Day on all buildings, grounds, and naval vessels
throughout the United States, and in all areas under its jurisdiction
and control. I also request the people of the United States to display
the flag at half-staff from their homes for the customary forenoon
period.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of May, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
Proclamation 8386 of May 26, 2009
National Hurricane Preparedness Week, 2009
By the President of the United States of America
A Proclamation
Each year, hurricanes threaten the safety of American families in
coastal and inland communities. These powerful storms can cause heavy
rainfall, high winds, tornadoes, and storm surges, which can in turn
bring severe flooding, power outages, damage to homes and businesses,
and loss of life.
Awareness and preparation are critical to surviving and recovering from
hurricanes. During National Hurricane Preparedness Week, I call on all
Americans--including private citizens and those working in government,
business, and the nonprofit sector--to plan ahead and help secure the
safety and property of those who face advancing storms.
Americans can take basic steps before a hurricane arrives. The Federal
Emergency Management Agency and the National Hurricane Center recommend
developing a family disaster plan, creating and maintaining a disaster
supply kit, securing one's home, and designating a safe place to go
during a storm. Throughout a storm, individuals should always remain
aware of weather conditions. More information on precautionary measures
is available at www.nhc.noaa.gov/HAW2/english/intro.shtml.
Organizations at the local, State, and national level play important
roles to protect Americans from the effects of hurricanes. Rescue and
relief organizations, the private sector, and the news media work to
meet demands that emerge before, during, and after a hurricane. Among
other services, they distribute safety information and help coordinate
relief activities. My Administration is committed to strengthening these
efforts and is working every day to prepare for hurricanes and their
potential impacts on everyone in the United States.
The threat hurricanes pose to lives and property cannot be eliminated,
but preparedness can reduce the dangers these storms pose for our
families and communities.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States do hereby proclaim May 24 through May 30,
2009, as National Hurricane Preparedness Week. I call upon government
agencies, private organizations, media, community groups, schools, and
residents of hurricane-prone areas to share information about hurricane
preparedness and response to help protect communities and save lives.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
May, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8387 of June 1, 2009
Lesbian, Gay, Bisexual, and Transgender Pride Month, 2009
By the President of the United States of America
A Proclamation
Forty years ago, patrons and supporters of the Stonewall Inn in New
York City resisted police harassment that had become all too common for
members of the lesbian, gay, bisexual, and transgender (LGBT) community.
Out of this resistance, the LGBT rights movement in America was born.
During LGBT Pride Month, we commemorate the events of June 1969 and
commit to achieving equal justice under law for LGBT Americans.
LGBT Americans have made, and continue to make, great and lasting
contributions that continue to strengthen the fabric of American
society. There are many well-respected LGBT leaders in all professional
fields, including the arts and business communities. LGBT Americans also
mobilized the Nation to respond to the domestic HIV/AIDS epidemic and
have played a vital role in broadening this country's response to the
HIV pandemic.
Due in no small part to the determination and dedication of the LGBT
rights movement, more LGBT Americans are living their lives openly today
than ever before. I am proud to be the first President to appoint openly
LGBT candidates to Senate-confirmed positions in the first 100 days of
an Administration. These individuals embody the best qualities we seek
in public servants, and across my Administration--in both the White
House and the Federal agencies--openly LGBT employees are doing their
jobs with distinction and professionalism.
The LGBT rights movement has achieved great progress, but there is more
work to be done. LGBT youth should feel safe to learn without the fear
of harassment, and LGBT families and seniors should be allowed to live
their lives with dignity and respect.
My Administration has partnered with the LGBT community to advance a
wide range of initiatives. At the international level, I have joined
efforts at the United Nations to decriminalize homosexuality around the
world. Here at home, I continue to support measures to bring the full
spectrum of equal rights to LGBT Americans. These measures include
enhancing hate crimes laws, supporting civil unions and Federal rights
for LGBT couples, outlawing discrimination in the workplace, ensuring
adoption rights, and ending the existing ``Don't Ask, Don't Tell''
policy in a way that strengthens our Armed Forces and our national
security. We must also commit ourselves to fighting the HIV/AIDS
epidemic by both reducing the number of HIV infections and providing
care and support services to people living with HIV/AIDS across the
United States.
These issues affect not only the LGBT community, but also our entire
Nation. As long as the promise of equality for all remains unfulfilled,
all Americans are affected. If we can work together to advance the
principles upon which our Nation was founded, every American will
benefit. During LGBT Pride Month, I call upon the LGBT community, the
Congress, and the American people to work together to promote equal
rights for all, regardless of sexual orientation or gender identity.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim June 2009 as Lesbian, Gay,
Bisexual, and Transgender Pride Month. I call upon the people of the
United States to turn back discrimination and prejudice everywhere it
exists.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of June,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8388 of June 1, 2009
Great Outdoors Month, 2009
By the President of the United States of America
A Proclamation
The United States is blessed with unparalleled natural beauty. From
remote forests to urban parks, these spaces have inspired visitors for
generations. Today, these areas continue to raise the human spirit in
those who experience them. During the month of June, I encourage
Americans to pay tribute to and preserve the great outdoors.
Americans of all ages can find calm and enjoyment in our Nation's vast
outdoors. Those desiring quiet or solitude can explore one of our many
National Parks, which offer tranquil and pristine surroundings. Those
seeking recreation can also explore public lands, or they can simply
run, bicycle, or fish in areas close to their homes. Whether near or
far, the outdoors offers unique experiences.
Exploring the great outdoors can also help improve one's health. These
spaces provide countless venues for walking, hiking, running, swimming,
and boating, among other activities. Americans can combine the enjoyment
of being outside with the exercise we all need to stay healthy.
My Administration is working to connect America's youth with our
treasured landscapes, which should be viewed as classrooms for
environmental education and gateways to careers in natural resources.
These efforts will include outreach to those who typically lack
representation in, and exposure to, these fields. The Department of the
Interior is launching a summer mentoring initiative as part of this
effort. This program invites families and friends to teach children
about the joys and wonders of the outdoors. My Administration is also
increasing the number of youth involved in national service on public
lands. Through AmeriCorps and other programs and partnerships, we can
continue our Nation's proud tradition of service and respect for the
environment.
Americans are fortunate to have so many beautiful natural wonders and
open spaces. I encourage all in our Nation to enjoy these resources and
to help protect them for future generations. Together, we can carry
forward our Nation's proud tradition of admiration and preservation of
the great outdoors.
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 June 2009 as Great
Outdoors Month. I encourage all Americans to spend more time outside and
to participate in the nationwide events marking this occasion.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of June,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8389 of June 2, 2009
African-American Music Appreciation Month, 2009
By the President of the United States of America
A Proclamation
The legacy of African-American composers, singers, songwriters, and
musicians is an indelible piece of our Nation's culture. Generations of
African Americans have carried forward the musical traditions of their
forebears, blending old styles with innovative rhythms and sounds. They
have enriched American music and captured the diversity of our Nation.
During African-American Music Appreciation Month, we honor this rich
heritage.
This legacy tells a story of ingenuity and faith. Amidst the injustice
of slavery, African Americans lifted their voices to the heavens through
spirituals. This religious music united African Americans and helped
sustain them through one of the darkest periods in our Nation's history.
Years later, spirituals contributed to the advent of a new form of
music: gospel. Both styles incorporated elements of African music and
were rooted in faith.
The African-American music tradition also reflects creativity and
individualism. Blues, jazz, soul, and rock and roll synthesize various
musical traditions to create altogether new sounds. Their novel chord
progressions, improvisation, and mood showcase individual musicians
while also creating a cohesive musical unit. In addition, African-
American composers have thrived in traditional genres such as musical
theater, opera, classical symphony, and choral music, providing their
unique imprint and creatively growing these forms of music. All of these
contributions are treasured across America and the world.
During African-American Music Appreciation Month, we recall the known
and unknown musicians who helped create this musical history. Their
contributions help illuminate the human experience and spirit, and they
help us reflect on our Nation's ongoing narrative.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim June 2009 as African-
American Music Appreciation Month. I call upon public officials,
educators, and all the people of the United States to observe this month
with appropriate activities and programs that raise awareness and foster
appreciation of music which is composed, arranged, and performed by
African Americans.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
June, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8390 of June 2, 2009
National Caribbean-American Heritage Month, 2009
By the President of the United States of America
A Proclamation
Caribbean Americans have made lasting contributions to our Nation's
culture and history, and the month of June has been set aside to honor
their cultural, linguistic, ethnic, and social diversity.
Generations of immigrants have preserved the traditions of their
homelands, and these traditions have defined our Nation's identity.
Caribbean Americans bring a unique and vibrant culture. This
multilingual and multiethnic tradition has strengthened our social
fabric and enriched the diversity of our Nation.
Millions of individuals in the United States have Caribbean roots.
Unfortunately some Caribbean Americans were forced to our country as
slaves; others arrived of their own volition. All have sought the
promise of a brighter tomorrow for themselves and their children.
In their pursuit of success, Caribbean Americans exhibit the traits all
Americans prize: determination, a devotion to community, and patriotism.
They have made their mark in every facet of our society, from art to
athletics and science to service. Caribbean Americans have also
safeguarded our Nation in the United States Armed Forces.
This month we also recognize the critical relationship the United
States maintains with Caribbean nations. In a world of increasing
communication and connectivity, this friendship has become even more
important. We are neighbors, partners, and friends; we share the same
aspirations for our children; and we strive for the very same freedoms.
Together, we can meet the common challenges we face.
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 June 2009 as National
Caribbean-American Heritage Month. I urge all Americans to commemorate
this month by learning more about the history and culture of Caribbean
Americans.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of June,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8391 of June 11, 2009
Flag Day and National Flag Week, 2009
By the President of the United States of America
A Proclamation
In the midst of a war for our Nation's independence, on June 14, 1777,
the Second Continental Congress adopted a flag as a symbol of our
fledgling Union. The Congress resolved that the flag be ``thirteen
stripes, alternate red and white; that the union be thirteen stars,
white in a blue field, representing a new constellation.'' For
generations to come, this pattern would serve as a compass bearing
toward equality and justice for all.
Our flag's journey has been long. It has seen our Nation through war and
peace, triumph and tragedy. It flew above the walls of Fort Sumter,
South Carolina, at the outset of the Civil War. It stood on Mount
Suribachi on the island of Iwo Jima during World War II. During the
Civil Rights Movement, determined protesters on the streets of Selma,
Alabama, proudly displayed its colors. Following the attacks of
September 11, 2001, Old Glory flew over the southwestern wall of the
Pentagon and the rubble of the World Trade Center. Today, the men and
women of the United States Armed Forces bear our flag as they serve
bravely around the world.
The flag is still more than a historical symbol: it is part of our
culture. In our schools children pledge allegiance to our flag and
recite the ideals upon which our Nation was founded. Families sit on
their front porches under a billowing Stars and Stripes. And each day as
the flag is raised above military installations and government
buildings, we are reminded of the great sacrifices that have been made
in defense of our Nation.
The Stars and Stripes tells our Nation's story and embodies its highest
ideals. Its display reminds us of America's promise and guides us toward
a brighter tomorrow.
To commemorate the adoption of our flag, the Congress, by joint
resolution approved August 3, 1949, as amended (63 Stat. 492),
designated June 14 of each year as ``Flag Day'' and requested the
President to issue an annual proclamation calling for a national
observance and for the display of the flag of the United States on all
Federal Government buildings. In a second joint resolution approved June
9, 1966, as amended (80 Stat. 194), the Congress requested the President
to issue annually a proclamation designating the week during which June
14 falls as ``National Flag Week'' and called upon all citizens of the
United States to display the flag during that week.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim June 14, 2009, as Flag Day and the week
beginning June 14, 2009, as National Flag Week. I direct the appropriate
officials to display the flag of the United States on all Federal
Government buildings during the week, and I urge all Americans to
observe Flag Day and National Flag Week by flying the Stars and Stripes
at their homes and other suitable places. I also call upon the people of
the United States to observe with pride and all due ceremony those days
from Flag Day through Independence Day, set aside by the Congress (89
Stat. 211) as a time to honor America, celebrate our heritage in public
gatherings and activities, and recite publicly the Pledge of Allegiance
to the Flag of the United States of America.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
June, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8392 of June 12, 2009
National Oceans Month, 2009
By the President of the United States of America
A Proclamation
Oceans are the Earth's dominant feature. They cover more than 70 percent
of the planet's surface and affect our lives in a variety of ways. This
month we celebrate the wonder of the oceans, and we commit to protecting
and sustaining them for current and future generations.
The oceans are critical to supporting life. From the abyssal plains of
the Pacific to the shallow coral reefs and seagrass beds of the Florida
Keys, oceans support an incredible diversity of marine life and
ecosystems. The base of the oceanic ecosystem provides most of the
oxygen we breathe, so oceans are critical to our survival. These bodies
of water also drive weather patterns and affect climate.
Our Nation's economy relies heavily on the oceans. Goods and services
are transported across them constantly. They support countless jobs in
an array of industries, including fishing, tourism, and energy. The
economies of entire regions depend on the oceans.
The United States has been a leader in exploring and protecting this
critical resource. We have gained new insights into the ocean ecosystems
through research and monitoring. We have promoted innovative
conservation efforts, such as setting aside special areas as national
marine sanctuaries. We have also reduced overfishing, made great strides
in reducing coastal pollution, and helped restore endangered species and
degraded habitats.
My Administration continues to build upon this progress, and we are
taking a more integrated and comprehensive approach to developing a
national ocean policy that will guide us well into the future. This
policy will incorporate ecosystem-based science and management and
emphasize our public stewardship responsibilities. My Administration
also is working to develop a systematic marine spatial planning
framework for the conservation and sustainable use of ocean resources. I
am committed to protecting these resources and ensuring accountability
for actions that affect them.
During National Oceans Month, we celebrate these vast spaces and the
myriad ways they sustain life. We also pledge to preserve them and
commend all those who are engaged in efforts to meet this end.
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 June 2009 as National
Oceans Month. I call upon all Americans to learn more about the oceans
and what can be done to conserve them.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
June, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8393 of June 18, 2009
Father's Day, 2009
By the President of the United States of America
A Proclamation
The journey of fatherhood provides unique and lasting joys. Cradling a
baby in his arms, a father experiences the miracle of life and an
unbreakable bond. Fathers imagine a world of possibilities awaiting
their children and contemplate the privilege of helping them reach that
expanse of opportunity. As kids grow and mature, they look to their dad
for a special kind of love and support. Providing these necessities can
bring great happiness.
Fatherhood also brings great responsibilities. Fathers have an
obligation to help rear the children they bring into the world. Children
deserve this care, and families need each father's active participation.
Fathers must help teach right from wrong and instill in their kids the
values that sustain them for a lifetime. As they encounter new and
challenging experiences, children need guidance and counsel. Fathers
need to talk with their kids to help them through difficult times.
Parents must also help their children make the right choices by serving
as strong role models. Honest and hard-working fathers are an
irreplaceable influence upon their children.
Communities must do more to counsel fathers. Family and friends, and
faith-based and community organizations, can speak directly with men
about the sacrifices and rewards of having a child. These groups can
support men as they take on the great challenges of child-rearing.
Through honest and open dialogue, more men can choose to become model
parents and know the wonders of fatherhood.
On Father's Day, we pay tribute to the loving and caring fathers who are
strengthening their families and country. We also honor those surrogate
fathers who raise, mentor, or care for someone else's child. Thousands
of young children benefit from the influence of great men, and we salute
their willingness to give and continue giving. We also express special
gratitude to fathers who serve in the United States Armed Forces for the
sacrifices they and their families make every day. All of these
individuals are making great contributions, and children across the
country are better off for their care.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, in accordance with a joint resolution of the Congress approved
April 24, 1972, as amended (36 U.S.C. 109), do hereby proclaim June 21,
2009, as Father's Day. I direct the appropriate officials of the
Government to display the flag of the United States on all Government
buildings on this day. I urge all Americans to express their love,
respect, and admiration to their fathers, and I call upon all citizens
to observe this day with appropriate programs, ceremonies, and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
June, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-third.
BARACK OBAMA
Proclamation 8394 of June 29, 2009
To Modify Duty-Free Treatment Under the Generalized System of
Preferences, and for Other Purposes
By the President of the United States of America
A Proclamation
1. Pursuant to sections 501 and 503(a)(1)(A) of the Trade Act of 1974,
as amended (the ``1974 Act'') (19 U.S.C. 2461 and 2463(a)(1)(A)), the
President may designate articles as eligible for preferential tariff
treatment under the Generalized System of Preferences (GSP).
2. Pursuant to section 503(c)(2)(A) of the 1974 Act (19 U.S.C.
2463(c)(2)(A)), beneficiary developing countries, except those
designated as least-developed beneficiary developing countries or
beneficiary sub-Saharan African countries as provided in section
503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), are subject to
competitive need limitations on the preferential treatment afforded
under the GSP to eligible articles.
3. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(i))
provides that the President may disregard the competitive need
limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act (19
U.S.C. 2463(c)(2)(A)(i)(II)) with respect to any eligible article from
any beneficiary developing country if the aggregate appraised value of
the imports of such article into the United States during the preceding
calendar year does not exceed an amount set forth in section
503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)).
4. Pursuant to section 503(d)(1) of the 1974 Act (19 U.S.C.
2463(d)(1)), the President may waive the application of the competitive
need limitations in section 503(c)(2)(A) of the 1974 Act with respect to
any eligible article from any beneficiary developing country if certain
conditions are met.
5. Pursuant to section 503(d)(5) of the 1974 Act (19 U.S.C.
2463(d)(5)), any waiver granted under section 503(d) shall remain in
effect until the President determines that such waiver is no longer
warranted due to changed circumstances.
6. Pursuant to section 503(c)(2)(E) of the 1974 Act (19 U.S.C.
2463(c)(2)(E)), section 503(c)(2)(A)(i)(II) shall not apply with respect
to any eligible article if a like or directly competitive article was
not produced in the United States on January 1, 1995.
7. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act, and after
receiving advice from the United States International Trade Commission
(the ``Commission'') in accordance with section 503(e), I have
determined to designate certain articles as eligible articles when
imported from any beneficiary developing country.
8. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
that in 2008 certain beneficiary developing countries exported eligible
articles in quantities exceeding the applicable competitive need
limitations, and I therefore terminate the duty-free treatment for such
articles from such beneficiary developing countries.
9. Pursuant to section 503(c)(2)(F) of the 1974 Act, I have determined
that the competitive need limitation provided in section
503(c)(2)(A)(i)(II) of the 1974 Act should be disregarded with respect
to certain eligible articles from certain beneficiary developing
countries.
10. Pursuant to section 503(d)(1) of the 1974 Act, I have received the
advice of the Commission on whether any industry in the United States is
likely to be adversely affected by a waiver of the competitive need
limitations provided in section 503(c)(2)(A), and I have determined,
based on that advice and on the considerations described in sections 501
and 502(c) (19 U.S.C. 2462(c)) of the 1974 Act, and after giving great
weight to the considerations in section 503(d)(2) of the 1974 Act (19
U.S.C. 2463(d)(2)), that such waivers are in the national economic
interest of the United States. Accordingly, I have determined that the
competitive need limitations of section 503(c)(2)(A) of the 1974 Act
should be waived with respect to certain eligible articles from certain
beneficiary developing countries.
11. Pursuant to section 503(d)(5) of the 1974 Act, I have determined
that certain previously granted waivers of the competitive need
limitations of section 503(c)(2)(A) of the 1974 Act are no longer
warranted due to changed circumstances.
12. Pursuant to section 503(c)(2)(E) of the 1974 Act, I have determined
that the limitation provided for in section 503(c)(2)(A)(i)(II) shall
not apply with respect to subheading 7202.50.00 of the Harmonized Tariff
Schedule of the United States (HTS) because no like or directly
competitive article was produced in the United States on January 1,
1995.
13. Section 2004(d)(8)(A) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429, 118 Stat. 2434) amended
subheading 9804.00.70 of the HTS to provide the tariff treatment for
certain articles imported by or on the account of returning United
States residents. I have determined that it is appropriate to make
conforming changes to note 4 to subchapter IV of chapter 98 of the HTS
to reflect that amendment.
14. On June 6, 2003, the United States and Chile entered into the
United States-Chile Free Trade Agreement (USCFTA), which the Congress
approved in section 101(a) of the United States-Chile Free Trade
Agreement Implementation Act (the ``USCFTA Act'') (19 U.S.C. 3805 note).
Proclamation 8334 of December 31, 2008, exercised authority under the
USCFTA Act by modifying the HTS to provide for an accelerated schedule
of duty elimination for specific originating goods of Chile.
Proclamation 8334 inadvertently omitted modifications to the HTS
necessary to implement the accelerated schedule. I have determined that
technical corrections to the HTS are necessary to provide for the
intended tariff treatment.
15. Presidential Proclamation 8332 of December 29, 2008, implemented
the tariff treatment called for under certain provisions of the United
States-Oman Free Trade Agreement (USOFTA). I have determined that a
technical correction to the HTS is necessary to provide for the intended
tariff treatment.
16. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the
President to embody in the HTS the substance of the relevant provisions
of that Act, and of other Acts affecting import treatment, and actions
thereunder, including the removal, modification, continuance, or
imposition of any rate of duty or other import restriction.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
title V and section 604 of the 1974 Act, do proclaim that:
(1) In order to provide that one or more countries should no longer be
treated as beneficiary developing countries with respect to one or more
eligible articles for purposes of the GSP, general note 4(d) to the HTS
is modified as set forth in section A of Annex I to this proclamation.
(2) In order to provide that one or more countries should no longer be
treated as beneficiary developing countries with respect to certain
eligible articles for purposes of the GSP, the Rates of Duty 1-Special
subcolumn for the corresponding HTS subheadings is modified as set forth
in section B of Annex I to this proclamation.
(3) In order to designate certain articles as eligible articles for
purposes of the GSP, the Rates of Duty 1-Special subcolumn for the
corresponding HTS subheadings is modified as set forth in section C of
Annex I to this proclamation.
(4) The competitive need limitation provided in section
503(c)(2)(A)(i)(II) of the 1974 Act is disregarded with respect to the
eligible articles in the HTS subheadings and to the beneficiary
developing countries listed in Annex II to this proclamation.
(5) A waiver of the application of section 503(c)(2)(A) of the 1974 Act
shall apply to the eligible articles in the HTS subheadings and to the
beneficiary developing countries set forth in Annex III to this
proclamation.
(6) The waiver of the application of section 503(c)(2)(A) of the 1974
Act to the articles in the HTS subheading and to the beneficiary
developing country listed in Annex IV to this proclamation is revoked.
(7) In order to make technical corrections necessary to provide the
intended tariff treatment under the Miscellaneous Trade and Technical
Corrections Act of 2004, the USCFTA, and the USOFTA, the HTS is modified
as set forth in Annex V to this proclamation.
(8) The modifications to the HTS set forth in Annexes I, IV, and V to
this proclamation shall be effective with respect to articles entered,
or withdrawn from warehouse for consumption, on or after the dates set
forth in the respective annex.
(9) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day
of June, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
BARACK OBAMA
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Proclamation 8395 of July 6, 2009
National Summer Learning Day, 2009
By the President of the United States of America
A Proclamation
Like an athlete out of practice, a child who takes long breaks from
learning can face academic setbacks. This problem is especially
prominent during the summer, when students may lose more than two months
of progress. Children must remain engaged to maintain and build upon
their current academic achievement.
Learning loss can be especially pronounced among low-income children.
Recent research suggests that unequal access to summer learning
opportunities helps explain the achievement gap between low-income and
affluent students. This gap ultimately means that low-income students
may be less likely to graduate from high school or enroll in college.
High-quality summer learning programs help children catch up, keep up,
and work ahead. These activities provide students with hours of focused
time for hands-on learning and creative projects. Participation can
result in gains in writing, reading, and math skills. Through the arts,
sports, and other extracurricular activities, summer learning
opportunities also promote innovation and physical fitness. These health
benefits are especially important because childhood obesity is at an
all-time high and children typically gain weight two to three times
faster during the summer.
Sustained public service can also dramatically impact summer learning
loss. Students can challenge themselves and others through mentoring,
environmental projects, and other meaningful volunteer work. Youth and
their communities both benefit from these activities. Local
opportunities for service can be found at: Serve.gov.
Families and community members play the most important role in the lives
of their children. Demands at work and home mean that many parents have
less time to spend with their children, but this time, care, and
instruction is critical to children's academic success. Especially
during the summer, parents should try to find time to read interactively
with children. When possible, families should visit public libraries,
tour museums and science centers, and explore the great outdoors.
Parents can also encourage youth to keep a journal and to practice math
skills through cooking and games.
Even though summer has arrived, student learning needs do not take a
vacation. On Summer Learning Day, we highlight the need for more young
people to be challenged during their time off from school. We also
express support for local programs, communities, and families that help
children grow through learning initiatives. Working together, we can
help students remain engaged and return to school with lithe and limber
minds.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim July 9, 2009, as National
Summer Learning Day. I call upon all Americans to support students as
they participate in summer learning. I encourage students, parents,
educators, and the non-profit community to engage in summer learning
activities so that youth return to school poised for academic
advancement.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of July,
in the year of our Lord two thousand nine, and of the Independence of
the United States of America the two hundred and thirty-fourth.
BARACK OBAMA
Proclamation 8396 of July 17, 2009
Captive Nations Week, 2009
By the President of the United States of America
A Proclamation
Fifty years ago, President Eisenhower issued a call of solidarity to
peoples across the world living under communist rule. This first Captive
Nations Week Proclamation expressed concern that too many people lacked
fundamental freedoms, and it affirmed that the people of the United
States stood alongside those who yearned to be free. Since this
declaration, more nations have chosen the path of self-determination and
respect for basic human rights. Brave American men and women have
contributed to this story, making great sacrifices while serving in our
Armed Forces or working in Government, private industry, and other
organizations.
The Cold War is now consigned to the history books, but the ideals that
President Eisenhower proclaimed remain vibrant and inspiring today. Just
as in years past, people still hope to have the freedom and opportunity
to pursue their dreams. People, young and old, still yearn to speak
their minds. Citizens still believe governments have an obligation to be
honest and transparent, uphold the rule of law, and allow civic
participation.
We regard these universal principles as guiding values, and we stand in
solidarity with those who aspire to live by them--not only because it is
right, but also because our Nation's fate is connected to that of other
nations. In an interdependent world, instability, disease, and hardship
abroad affect us here at home. Governments that are responsive to the
concerns of their citizens can better tackle these challenges and
contribute to a more secure, healthy, and prosperous world.
Nations must advance these values through example. At home and abroad,
the United States strives to honor the principles enshrined in our
Nation's founding documents.
The challenges of a new century require us to summon the full range of
human talents to move all nations forward. The United States stands with
all governments and peoples committed to unlocking the potential of
their people, and to peace, the rule of law, and respect for all
citizens.
The Congress, by Joint Resolution, approved July 17, 1959 (73 Stat.
212), has authorized and requested the President to issue a proclamation
designating the third week of July of each year as ``Captive Nations
Week.''
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim July 19 through July 25, 2009, as Captive
Nations Week. I call upon the people of the United States to reaffirm
our commitment to all those seeking dignity, freedom, and justice.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
July, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-fourth.
BARACK OBAMA
Proclamation 8397 of July 23, 2009
35th Anniversary of the Legal Services Corporation, 2009
By the President of the United States of America
A Proclamation
Every day the Legal Services Corporation (LSC) breathes life into the
timeless ideal, ``equal justice under law.'' It reaches those who cannot
afford the assistance they need and those who would otherwise go without
vital representation. Today we recognize the 35 years during which the
LSC has moved our Nation and our legal system towards greater equality.
The LSC brings legal counsel to every corner of the Nation. As the
largest provider of civil legal aid to the poor, it supports programs
that touch families in every State. Persons of all ethnic and racial
backgrounds know its great work, and women, who represent 75 percent of
LSC-supported clients, especially benefit from its expertise.
The Legal Services Corporation's work helps improve lives. It allows
more people to access the public benefits they deserve, more domestic
violence victims to secure the protections they desperately need, and
more workers to receive the compensation they have been promised and
earned.
During an economic crisis, the work of the LSC is especially important.
When families face foreclosure, eviction, or bankruptcy, or when
communities are targeted by predatory lenders, they need the help of
legal professionals. These scenarios are far too common today.
Fortunately, the LSC stands ready to meet these demands.
Because economically vulnerable communities continue to face an unmet
need for legal services, my Administration has supported increased
funding for the LSC. I have also recommended lifting several unnecessary
restrictions on funding so that more people can receive assistance.
These changes are critical to the organization's mission and work.
We have made great progress in protecting the legal rights of our
citizens, and the Legal Services Corporation has played a vital role in
this story for more than 3 decades. With continued support, it will
serve those in need and help our Nation live out its highest ideals.
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 July 25, 2009, as the
35th Anniversary of the Legal Services Corporation. I call upon legal
professionals and the people of the United States to honor the
contributions of this vital organization.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
July, in the year of our Lord two thousand nine, and of the Independence
of the United States of America the two hundred and thirty-fourth.
BARACK OBAMA
Proclamation 8398 of July 24, 2009
Anniversary of the Americans With Disabilities Act, 2009
By the President of the United States of America
A Proclamation
Today we celebrate the 19th anniversary of the enactment of the historic
Americans with Disabilities Act (ADA). Signed into law on July 26, 1990,
this landmark legislation established a clear mandate against
discrimination on the basis of disability so that people with
disabilities would have an equal opportunity to achieve the American
Dream.
Our Nation is once again poised to make history for people with
disabilities. I am proud to announce that the United States will sign
the United Nations Convention on the Rights of Persons with
Disabilities, adopted by the United Nations General Assembly in New York
on December 13, 2006. The Convention is the first new human rights
convention of the 21st century adopted by the United Nations, and it
represents a paradigm shift in protecting the human rights of 650
million people with disabilities worldwide. We proudly join the
international community in further advancing the rights of people with
disabilities.
As we reflect upon the past and look toward a brighter future, we
recognize that our country has made great progress. More than ever
before, Americans with disabilities enjoy greater access to technology
and economic self-sufficiency. More communities are accessible, more
children with disabilities learn alongside their peers, and more
employers recognize the capabilities of people with disabilities.
Despite these achievements, much work remains to be done. People with
disabilities far too often lack the choice to live in communities of
their choosing; their unemployment rate is much higher than those
without disabilities; they are much likelier to live in poverty; health
care is out of reach for too many; and too many children with
disabilities are denied a world-class education.
My Administration has met these challenges head-on. We have launched the
``Year of Community Living'' to help people with disabilities live
wherever they choose. We have nearly doubled the funding for the
Individuals with Disabilities Education Act. I was proud to sign the
groundbreaking Christopher and Dana Reeve Paralysis Act and the
Children's Health Insurance Reauthorization Act, which provides health
insurance to millions of additional children. I also lifted the ban on
stem cell research. These measures demonstrate our commitment to
leveling the playing field for every person with a disability. My
Administration will not rest on these accomplishments, and we will
continue to focus on improving the lives of people with disabilities. I
encourage States, localities, and communities across the country to
cultivate an environment in which the 54 million Americans living with a
disability are valued and respected.
Americans have repeatedly affirmed the importance of protecting the
human rights and dignity of every member of this great country. Through
the steps we have taken, we will continue to build on the ADA and
demonstrate our ongoing commitment to promoting, protecting, and
ensuring the full enjoyment of all human rights and fundamental freedoms
by people with disabilities.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim July 26, 2009, as the
Anniversary of the Americans with Disabilities Act. I call on Americans
across our country to celebrate the progress we have made in protecting
the civil rights of people with disabilities and to recognize the step
forward we make with the signing of the United Nations Convention on the
Rights of Persons with Disabilities. Inspired by the advances of the
last 19 years, let us commit to greater achievements in the years ahead.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of July, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8399 of July 24, 2009
National Korean War Veterans Armistice Day, 2009
By the President of the United States of America
A Proclamation
Fifty-six years after the signing of the Military Armistice Agreement at
Panmunjom, Americans remain grateful for the courage and sacrifice of
our Korean War veterans. More than 600,000 United States and allied
combatants lost their lives in Korea during the 3 years of bitter
warfare that ended on July 27, 1953. Many were also injured, taken as
prisoners of war, and missing in action. These dedicated servicemen and
women, under the banner of the United Nations, fought to secure the
blessings of freedom and democracy on the Korean Peninsula, and they
deserve our unending respect and gratitude.
Every day we are reminded of the selfless service of these veterans. The
Korean War Veterans Memorial stands in our Nation's Capital as an
enduring tribute to them. Marching among juniper bushes and rows of
granite, Soldiers, Marines, Sailors, Airmen, and Coast Guardsmen
silently remind all who glimpse their faces of the great challenges that
so many Americans overcame. The strong partnership between the United
States and the Republic of Korea is also a proud testament to our men
and women in uniform.
Today we remember and honor the valor of Korean War veterans and the
extraordinary sacrifices that they and their families made in the cause
of peace.
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 July 27, 2009, as
National Korean War Veterans Armistice Day. I call upon all Americans to
observe this day with appropriate ceremonies and activities that honor
and give thanks to our distinguished Korean War veterans. I also ask
Federal departments and agencies and interested groups, organizations,
and individuals to fly the flag of the United States at half-staff on
July 27, 2009, in memory of the Americans who died as a result of their
service in Korea.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of July, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8400 of August 20, 2009
Minority Enterprise Development Week, 2009
By the President of the United States of America
A Proclamation
Our Nation's strength rests on the ingenuity and creativity of the
American people. Across our country, almost 4 million minority-owned
firms exemplify this spirit as they create jobs, develop new products
and services, and promote community and economic development. The growth
and expansion of these businesses is an increasingly critical part of
our economic recovery and long-term prosperity.
At a time when too many Americans are facing extraordinary economic
challenges, supporting the development of minority-owned enterprises
will help accelerate the revitalization of our economy. Of the 630,000
minority-owned employer firms, these businesses are providing employment
and stability to 4.7 million workers while renewing urban neighborhoods
and rural communities. They represent a key component of future growth
for our economy.
Minority Enterprise Development Week is an opportunity to commemorate
the tremendous value minority entrepreneurs and their employees bring to
our economy and our Nation as a whole. They embody the timeless American
values of hard work, integrity, and optimism. They also serve as role
models to countless children who want to start their own business or
reach their personal goals. Through their accomplishments and example,
these leaders affirm that, with determination and commitment, every
American can achieve his or her potential and live out their 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
laws of the United States do hereby proclaim August 23 through August
29, 2009, as Minority Enterprise Development Week. I call upon all
Americans to celebrate this week with appropriate programs, ceremonies,
and activities to recognize the many contributions of our Nation's
minority enterprises.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
August, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8401 of August 21, 2009
Fiftieth Anniversary of Hawaii Statehood
By the President of the United States of America
A Proclamation
It is with great pride that our Nation commemorates the fiftieth
anniversary of Statehood for Hawaii. On August 21, 1959, we welcomed
Hawaii into the United States ohana, or family. Unified under the rule
of King Kamehameha the Great, it was Queen Lili`uokalani who witnessed
the transition to a Provisional Government controlled by the United
States. As a Nation, we honor the extensive and rich contributions of
Native Hawaiian culture to our national character.
Borne out of volcanic activity in the Pacific Ocean, a chain of islands
emerged that would bear witness to some of the most extraordinary events
in world history. From Pu`ukohola Heiau and the royal residence at the
`Iolani Palace, to the USS ARIZONA Memorial and luaus that pay tribute
to Hawaiian traditions, Americans honor the islands' collective legacy
and admire their natural beauty. Home to unique and endangered species,
active volcanoes, and abundant reefs, the Hawaiian islands actively
conserve their distinctive ecosystems with responsible development and a
deep-rooted appreciation for the land and surrounding ocean.
The Aloha Spirit of Hawaii offers hope and opportunity for all
Americans. Growing up in Hawaii, I learned from its diversity how
different cultures blend together into one population--proud of their
personal heritage and made stronger by their shared sense of community.
Our youngest State, Hawaii faces many of the same challenges other
States face throughout our country, and it represents the opportunity we
all have to grow and learn from each other.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by the virtue of the authority vested in me by the Constitution
and laws of the United States, do hereby proclaim August 21, 2009, as
the Fiftieth Anniversary of Hawaii Statehood. I call upon the people of
the United States to observe this day with appropriate programs,
ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
August, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8402 of August 25, 2009
Women's Equality Day, 2009
By the President of the United States of America
A Proclamation
Today, our country renews its commitment to freedom and justice for all
our citizens. As we prepare to celebrate this women's day of equality,
we reflect on the sacrifices once made to allow women and girls the
basic rights and choices we freely exercise today. The future we leave
to our daughters and granddaughters will be determined by our
willingness to build on the achievements of our past and move forward as
one people and one Nation. The fight for women's equality is not a
woman's agenda, but an American agenda.
We honor the resilience, accomplishments, and history of all women in
the United States. We celebrate the courageous women who fought to
uphold a fundamental principle within our Constitution--the right to
vote--and in so doing, protected the cornerstone of our vibrant
democracy. These visionaries of the Seneca Falls Convention of 1848
sought to ensure that our country lived up to its founding ideals.
Although only one, Charlotte Woodward, at the age of 81, had the
opportunity to exercise her newfound right, the struggle reminds us that
no righteous cause is a lost one. We also commemorate women like Frances
Ellen Watkins Harper, a poet and lecturer who formed the National
Association of Colored Women; Antonia Pantoja, a tireless advocate of
education equality within the Latino community; Sarah Winnemucca, a
voice for peace within the Native American community; and Patsy Mink,
author of Title IX and the first woman of color and Asian American woman
elected to the United States Congress. These women's talents, and the
contributions of countless others, built upon the framework of 1848 and
forged paths for future generations.
Our Nation has come a long way since that ground-breaking convention in
New York. Women have occupied some of the most significant positions in
government. They have delivered justice from the bench of our highest
court, fought for our country in foreign lands, discovered cures to
diseases, and joined the ranks of the greatest business leaders of our
time. Female college graduates now outnumber their male counterparts.
Women have sought equality through government, demonstrated by the
signing of the Lilly Ledbetter Fair Pay Act of 2009, and the
establishment of the White House Council on Women and Girls. They have
sought equality through advocacy, exemplified by the efforts of
thousands of women's organizations. America has made significant
progress toward becoming the fair and just society the suffragists once
envisioned.
Yet, today, our work remains unfinished. Far too many adult women remain
mired in poverty. Women are still subject to pervasive discrimination at
school and harassing conduct in the workplace. Women make, on average,
only 78 cents for every dollar paid to men. Underrepresented in many
facets of our economic and public life, from government to boardrooms to
the sciences, women have yet to eradicate all barriers to professional
development.
We stand at a moment of unparalleled change and a time for reflection
and hope. We cannot allow the vibrant energy and passionate commitment
of our trailblazing women to fade, and we can never forget the
responsibility we bear to the ideals of liberty and equality for all.
Each generation of successful women serves as a catalyst to empower,
enlighten, and educate the next generation of girls and boys, and we
must devote ourselves to promoting this catalyst for change now and in
the future.
On this Women's Equality Day, we resolve to continue the important work
of our Nation's foremothers and their successors, and turn their vision
of a more equal America into our reality.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim August 26, 2009, as
Women's Equality Day. I call upon the people of the United States to
celebrate the achievements of women and recommit themselves to the goal
of true gender equality in this country.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
August, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8403 of August 26, 2009
Death of Senator Edward M. Kennedy
By the President of the United States of America
A Proclamation
Senator Edward M. Kennedy was not only one of the greatest senators of
our time, but one of the most accomplished Americans ever to serve our
democracy. Over the past half-century, nearly every major piece of
legislation that has advanced the civil rights, health, and economic
well-being of the American people bore his name and resulted from his
efforts. With his passing, an important chapter in our American story
has come to an end.
As a mark of respect for the memory of Senator Edward M. Kennedy, I
hereby order, by the authority vested in me by the Constitution and laws
of the United States of America, 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 on August 30, 2009. I also direct that the flag of the
United States shall be flown at half-staff until sunset on the day of
his interment. I further direct that the flag shall be flown at half-
staff for the same periods 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 twenty-sixth day of
August, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8404 of August 30, 2009
National Historically Black Colleges and Universities Week, 2009
By the President of the United States of America
A Proclamation
For generations, education has opened doors to untold opportunities and
bright futures. Through quality instruction and a personal commitment to
hard work, young people in every part of our Nation have gone on to
achieve success. Established by men and women of great vision,
leadership, and clarity of purpose, Historically Black Colleges and
Universities (HBCUs) have provided generations of Americans with
opportunity, a solid education, and hope.
For more than 140 years, HBCUs have released the power of knowledge to
countless Americans. Pivotal in the Civil Rights Movement, HBCUs offer
us a window into our Nation's past as well as a path forward. Graduates
of HBCUs have gone on to shape the course of American history--from
W.E.B. DuBois and Booker T. Washington, to Langston Hughes and Thurgood
Marshall. Today, in twenty States, the District of Columbia, and the
U.S. Virgin Islands, these colleges and universities are serving
hundreds of thousands of students from every background and have
contributed to the expansion of the African American middle class, to
the growth of local communities, and to our Nation's overall economy.
This week, we celebrate the accomplishments of HBCUs and look to the
future with conviction and optimism. These institutions will play a key
role in reaching our ambitious national education goals, including
having the highest proportion of college graduates in the world by 2020.
As our Nation strives toward this goal, we invite HBCUs to employ new,
innovative, and ambitious strategies to help the next generation of
Americans successfully complete college and prepare themselves for the
global economy. During National Historically Black Colleges and
Universities Week, we recommit ourselves to never resting until equality
is real, opportunity is universal, and all citizens can realize their
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
laws of the United States, do hereby proclaim August 30 through
September 5, 2009, as National Historically Black Colleges and
Universities Week. I call upon 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 thirtieth day of
August, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8405 of August 31, 2009
To Adjust the Rules of Origin Under the North American Free Trade
Agreement and for Other Purposes
By the President of the United States of America
A Proclamation
1. In Presidential Proclamation 8097 of December 29, 2006, pursuant to
the authority provided in section 1206(a) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 3006(a)) (the ``1988 Act''), the
President modified the Harmonized Tariff Schedule of the United States
(HTS) to reflect amendments to the International Convention on the
Harmonized Commodity Description and Coding System (the ``Convention'').
2. Presidential Proclamation 6641 of December 15, 1993, implemented the
North American Free Trade Agreement (NAFTA) with respect to the United
States and, pursuant to the North American Free Trade Agreement
Implementation Act (Public Law 103-182) (the ``NAFTA Implementation
Act''), incorporated in the HTS the schedule of duty reductions and
rules of origin necessary or appropriate to carry out the NAFTA.
3. In order to ensure the continuation of the staged reductions in rates
of duty under the NAFTA for originating goods of Mexico in HTS tariff
categories that were modified to reflect amendments to the Convention,
Presidential Proclamation 8097 made modifications to the HTS that the
President determined were necessary or appropriate to carry out the duty
reductions proclaimed in Proclamation 6641.
4. Canada and Mexico are parties to the Convention. Because the
substance of changes to the Convention are reflected in slightly
differing form in the national tariff schedules of the parties to the
NAFTA, the rules of origin set out in that Agreement must be changed to
ensure that the tariff and certain other treatment accorded under the
NAFTA to originating goods will continue to be provided under the tariff
categories that were modified in Proclamation 8097. The NAFTA parties,
the United States, Canada, and Mexico, have agreed to make these
changes.
5. Section 202 of the NAFTA Implementation Act (19 U.S.C. 3332) provides
rules for determining whether goods imported into the United States
originate in the territory of a NAFTA party and thus are eligible for
the tariff and other treatment contemplated under the NAFTA. Section
202(q) of the NAFTA Implementation Act (19 U.S.C. 3332(q)) authorizes
the President to proclaim, as part of the HTS, the rules of origin set
out in the NAFTA and to proclaim any modifications to such previously
proclaimed rules of origin, including those necessary to implement an
agreement with NAFTA countries under paragraph 2 of section 7 of Annex
300-B of the NAFTA, subject to the consultation and layover requirements
of section 103(a) of the NAFTA Implementation Act (19 U.S.C. 3313(a)).
6. The NAFTA parties have agreed to modify certain NAFTA rules of
origin. Modifications to the NAFTA rules of origin reflected in general
note 12 to the HTS are therefore necessary to ensure the continuation of
tariff and certain other treatment accorded under the NAFTA to
originating goods in tariff categories modified in Proclamation 8097 and
to carry out the duty reductions proclaimed in Proclamation 6641. The
consultation and layover requirements of section 103(a) of the NAFTA
Implementation Act were met December 10, 2007, with respect to the
proposed modifications.
7. I have determined that the modifications to the HTS proclaimed in
this proclamation pursuant to section 202 of the NAFTA Implementation
Act are necessary to implement an agreement with the NAFTA parties under
paragraph 2 of section 7 of Annex 300-B of the NAFTA. In addition, I
have determined that the modifications pursuant to section 1206(a) of
the 1988 Act are in conformity with the obligations of the United States
under the Convention and do not run counter to the national economic
interest of the United States.
8. Certain necessary modifications to the HTS to conform it to the
Convention were inadvertently omitted from Proclamation 8097. I have
determined that technical corrections to the HTS are necessary to
conform the HTS to the Convention.
9. On April 22, 1985, the United States and Israel entered into the
Agreement on the Establishment of a Free Trade Area between the
Government of the United States of America and the Government of Israel
(USIFTA), which the Congress approved in the United States-Israel Free
Trade Area Implementation Act of 1985 (the ``USIFTA Implementation
Act'') (19 U.S.C. 2112 note).
10. Section 4(b) of the USIFTA Implementation Act provides that,
whenever the President determines that it is necessary to maintain the
general level of reciprocal and mutually advantageous concessions with
respect to Israel provided for by the USIFTA, the President may proclaim
such withdrawal, suspension, modification, or continuance of any duty,
or such continuance of existing duty-free or excise treatment, or such
additional duties as the President determines to be required or
appropriate to carry out the Agreement.
11. In order to maintain the general level of reciprocal and mutually
advantageous concessions with respect to agricultural trade with Israel,
on July 27, 2004, the United States entered into an agreement with
Israel concerning certain aspects of trade in agricultural products
during the period January 1, 2004, through December 31, 2008 (the ``2004
Agreement''). On December 10, 2008, the United States entered into an
agreement with Israel to extend the 2004 Agreement through December 31,
2009, in order to allow for additional time to negotiate a successor
arrangement to the 2004 Agreement.
12. In Presidential Proclamation 7826 of October 4, 2004, consistent
with the 2004 Agreement, the President determined, pursuant to section
4(b) of the USIFTA Act, that it was necessary in order to maintain the
general level of reciprocal and mutually advantageous concessions with
respect to Israel provided for by the USIFTA, to provide duty-free
access into the United States through December 31, 2008, for specified
quantities of certain agricultural products of Israel.
13. In Presidential Proclamation 8334 of December 31, 2008, the
President determined that it was necessary in order to maintain the
general level of reciprocal and mutually advantageous concessions with
respect to Israel provided for by the USIFTA to extend such duty-free
treatment through December 31, 2009. I have determined that a
modification to the HTS is necessary to provide the intended tariff
treatment.
14. Section 604 of the Trade Act of 1974, as amended (the ``1974 Act'')
(19 U.S.C. 2483), authorizes the President to embody in the HTS the
substance of the provisions of that Act, and of other Acts, affecting
import treatment, and actions thereunder, including the removal,
modification, continuance, or imposition of any rate of duty or other
import restriction. Section 1206(c) of the 1988 Act, as amended (19
U.S.C. 3006(c)), provides that any modifications proclaimed by the
President under section 1206(a) of that Act may not take effect before
the thirtieth day after the date on which the text of the proclamation
is published in the Federal Register.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
section 1206(a) of the 1988 Act, section 202 of the NAFTA Implementation
Act, section 4(b) of the USIFTA Implementation Act, and section 604 of
the 1974 Act, do proclaim that: (1) In order to reflect in the HTS the
modifications to the rules of origin under the NAFTA, general note 12 to
the HTS is modified as provided in Annexes I and II of Publication 4095
of the United States International Trade Commission entitled,
``Modifications to the Harmonized Tariff Schedule of the United States
to Adjust Rules of Origin Under the North American Free Trade
Agreement,'' which is incorporated by reference into this proclamation.
(2) In order to make technical corrections to the HTS necessary to
conform it to the Convention, the HTS is modified as provided in Annex
III of Publication 4095.
(3) In order to provide the intended duty treatment under the 2004
Agreement as extended through December 31, 2009, the HTS is modified as
provided in Annex IV of Publication 4095.
(4) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
(5) The modifications to the HTS set forth in Annexes I and II of
Publication 4095 shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the later of (i)
October 1, 2009, or (ii) the thirtieth day after the date of publication
of this proclamation in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
August, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8406 of August 31, 2009
National Alcohol and Drug Addiction Recovery Month, 2009
By the President of the United States of America
A Proclamation
Every year, Americans across the country overcome their struggles with
addiction. With personal determination and the support of family and
friends, community members, and health professionals, they have turned
the page on an illness and sought the promise of recovery. On this
occasion, we recognize these brave role models and express support for
those in treatment, applaud those in recovery, and encourage those in
need to seek help.
As a Nation, we must work together to provide access to effective
services that reduce substance abuse and promote healthy living. Without
effective treatment, abuse of alcohol, illicit drugs, or prescription
medications can devastate the mind and body. With treatment, substance
use disorders can be managed, giving individuals the effective tools
necessary to address their addiction. This year's theme, ``Together We
Learn, Together We Heal,'' calls us to unite and encourage drug-free
living. Treatment programs, family members, and neighbors can all help
assist those who experience addiction.
During National Alcohol and Drug Addiction Recovery Month, we also pay
special tribute to the dedicated professionals and everyday citizens
who, with skill and empathy, guide people through the treatment and
recovery process. Across America, they are offering a message of hope
and understanding. These compassionate individuals remind us that the
strength of our character derives not from the mistakes we make, but
from our ability to recognize and address them. When we extend a helping
hand to those in need, we reaffirm the American spirit and move our
Nation towards a brighter tomorrow.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by the virtue of the authority invested in me by the
Constitution and laws of the United States, do hereby proclaim September
2009 as National Alcohol and Drug Addiction Recovery Month. I call upon
the people of the United States to observe this month with appropriate
programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
August, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8407 of August 31, 2009
National Ovarian Cancer Awareness Month, 2009
By the President of the United States of America
A Proclamation
Ovarian cancer remains the leading cause of death from gynecologic
cancer among women in the United States. Every year, thousands are
diagnosed and go on to fight the disease with grace and dignity.
National Ovarian Cancer Awareness Month honors all those affected by
this cancer and renews our commitment to fighting an illness that takes
the lives of too many in our Nation.
Women are often diagnosed with ovarian cancer when it is already at an
advanced stage. This problem can be attributed to a lack of effective
early detection technologies and minimal or no specific symptoms
associated with the disease. By learning more about risk factors and
maintaining regular physician consultations, women have their best
chance of early detection of ovarian cancer.
Science continues to expand our knowledge about this illness, promising
hope to those who, years ago, would be without it. Through dedicated
research, treatment outcomes have improved for many, and we are building
a foundation for the development of evidence-based screening, which can
help diagnose the disease at the earliest possible stage when the
likelihood of cure is high.
This month we recommit to supporting the women who continue to battle
valiantly against this malady as well as all families who are affected.
National Ovarian Cancer Awareness Month helps educate women and men
about the importance of knowing common signs and symptoms, scheduling
routine doctor visits, and continuing robust scientific research. As a
Nation, we are united in our resolve to reduce incidence and improve the
lives of all those affected.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 2009 as National
Ovarian Cancer Awareness Month. I encourage citizens, Government
agencies, private businesses, nonprofit organizations, and other
interested groups to join in activities that will increase awareness of
what Americans can do to prevent and control ovarian cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day
of August, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8408 of August 31, 2009
National Prostate Cancer Awareness Month, 2009
By the President of the United States of America
A Proclamation
As a Nation, we have made significant progress in the fight against
prostate cancer. Over the last decade, prostate cancer mortality rates
have fallen substantially. Yet, despite this progress, among men in the
United States prostate cancer remains the most commonly diagnosed cancer
and the second leading cause of cancer deaths. One in six men in this
country will be diagnosed with prostate cancer. National Prostate Cancer
Awareness Month is an opportunity to renew our commitment to find better
ways to prevent, detect, and control this disease.
Prostate cancer affects both those stricken with the disease and their
families, often occurring when they least expect it. The cancer does not
discriminate among husbands, fathers, brothers, and sons, and it does
not differentiate on race, age, or income. Americans of every background
know its dangers. Families share in the struggles of prostate cancer,
bearing the emotional and financial concerns along with the afflicted.
My Administration supports prevention efforts and research to develop
better screening tests, uncover more effective treatments, and ensure
quality care for all who are diagnosed with this illness. We must ensure
that more men are educated about all aspects of the disease including
prevention, early detection and possible treatment options. To expand
our knowledge of this cancer, the National Institutes of Health, the
Department of Defense, and the Centers for Disease Control and
Prevention are playing leading roles in research. Their work is helping
to reduce the burden of prostate cancer and save lives for generations
to come.
This month, we remember the lives we have lost, and we recommit
ourselves to supporting those currently battling against the disease.
National Prostate Cancer Awareness Month also highlights the great
medical advancements we have made and reminds us there is still much
work to be done. As a Nation, we are united in our resolve to reduce
incidence of prostate cancer and improve the lives of all those
affected.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 2009 as National
Prostate Cancer Awareness Month. I encourage citizens, Government
agencies, private businesses, nonprofit organizations, and other
interested groups to join in activities that will increase awareness of
what Americans can do to prevent and control prostate cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day
of August, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8409 of September 3, 2009
National Wilderness Month, 2009
By the President of the United States of America
A Proclamation
The American wilderness has inspired wonder and imagination for
centuries and is an irreplaceable part of our Nation's heritage. Even
before the birth of the United States, visitors from near and far were
struck by its splendor and purity. The unaltered American landscape
stood apart from any other in the world. During the years of westward
expansion, the wilderness frontier became synonymous with pioneer values
of steadfastness and rugged independence. This month, we celebrate this
history and renew our commitment to preserving the American wilderness
for future generations.
Forty-five years ago, the United States achieved a landmark success in
protecting these magnificent wild spaces. The Congress passed and
President Lyndon B. Johnson signed the Wilderness Act, which sought to
secure ``for the American people of present and future generations the
benefits of an enduring resource of wilderness.'' The Act has been
widely recognized as one of our Nation's most important conservation
laws. This law and the National Wilderness Preservation System it
established have served as a model for wilderness protection laws in
many of our States and in countries around the world.
The vision and structure established in the Wilderness Act continue to
receive broad support. This pioneering law created a framework for
bringing Federal public lands under additional protection. Over the past
45 years, the Congress has enacted numerous laws extending wilderness
protection to vast swaths of public lands. These laws have enjoyed
bipartisan support. Ranchers and anglers, small-business owners and
conservationists, and Americans of diverse backgrounds have come
together to preserve many of our Nation's most cherished public spaces.
My Administration has already demonstrated a commitment to protecting
our wilderness heritage. On March 30, 2009, I signed the Omnibus Public
Land Management Act of 2009, which established the most recent additions
to our Wilderness System. As my Administration continues to prioritize
wilderness protection, we will work closely with the Congress,
organizations, and private citizens to ensure that all stakeholders can
make their voices heard. United by a common purpose of preserving our
precious natural spaces and our wilderness heritage, we will ensure that
future generations inherit the unique gift of knowing nature's peace.
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 2009 as
National Wilderness Month. I call upon all Americans to visit and enjoy
our wilderness areas, learn more about our wilderness heritage, and
explore what can be done to protect and preserve these precious national
treasures.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8410 of September 3, 2009
National Days of Prayer and Remembrance, 2009
By the President of the United States of America
A Proclamation
They were daughters and sons, sisters and brothers, mothers and fathers,
spouses and partners, family and friends, colleagues and strangers. They
hailed from cities and towns across our Nation and world. On September
11, 2001, thousands of innocent women and men were taken from us, and
their loss leaves an emptiness in our hearts.
Hundreds perished as planes struck the skyline of New York City, the
structure of the Pentagon, and the grass of Pennsylvania. In the
immediate aftermath of these tragedies, many victims died as they sought
safety. Selflessly placing themselves in danger, first responders,
members of the Armed Forces, and private citizens made the ultimate
sacrifice working to assist others. During the National Days of Prayer
and Remembrance, Americans across the country cherish the memory of all
those who passed and honor and pray for their families and friends.
Americans also remember and pray for the safety and success of the
members of the United States Armed Forces, who work every day to keep
our Nation safe from terrorism and other threats to our security.
Military members assisted those in need on September 11, 2001, and serve
now in Iraq, Afghanistan, and around the world. They have left the
safety of home so that our Nation might be more secure. They have
endured great sacrifice so that we might enjoy the blessings of liberty.
Our servicemembers represent the best of America, and they deserve our
deepest respect and gratitude.
The threat of terrorism has denied too many men, women, and children
their right to live in peace and security. As the United States works to
defeat terrorists and build a more hopeful future for our children and
young people across the world, we seek humility and strength. We reflect
upon the lessons drawn from our national tragedy, seek God's guidance
and wisdom, and, never forgetting the lost, commit to working in common
cause with our friends and allies to create a safer and brighter world
for current and future generations.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim Friday, September 4,
through Sunday, September 6, as National Days of Prayer and Remembrance.
I ask that the people of the United States, each in their own way, honor
the victims of September 11, 2001, and their families through prayer,
memorial services, the ringing of bells, and evening candlelight
remembrance vigils. I invite the people of the world to share in this
solemn commemoration.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8411 of September 4, 2009
Labor Day, 2009
By the President of the United States of America
A Proclamation
Since our Nation's founding, working Americans have carried us through
times of challenge and uncertainty and propelled America through eras of
peace and prosperity. They have long formed the backbone of our Nation's
economy, and they will continue to lead our Nation to new heights in the
years to come.
Working Americans helped lay the foundation for our Nation's progress
over the generations. Brick by brick, they built the infrastructure that
powered the engine of our economy. With firm resolve and commitment,
they constructed our cities and towns, and with unparalleled skill they
manufactured the goods and provided the services needed by Americans and
people around the world. They have prepared our children for the
challenges ahead and cared for the sick and the elderly. Today, we
commemorate the many contributions labor has made to our Nation.
Throughout its history, the labor movement has given voice to the
aspirations and concerns of millions of men and women. By fighting for
decent working conditions, as well as fair wages and benefits, organized
labor has stood for the rights of everyday Americans. With determination
and commitment, labor has advocated for all working families and all
have benefited from the fruits of their struggles.
Today, we find ourselves in an era of great challenges. The economic
crisis we face is vast and complex. Americans understand the
consequences: dwindling savings for young families, a daunting choice
between prescriptions and groceries for our seniors, and fading hopes
for a college education for our young people. Just as they have so many
times in our history, working Americans will help our Nation emerge from
this crisis and lead us into a new era of prosperity and progress.
This Labor Day, as we honor our workers, and we renew our commitment to
uphold the American Dream and the founding promise of our Nation: in
America, we can make of our lives what we will, and all things are
possible for all people.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 7, 2009, as
Labor Day. I call upon public officials and all the people of the United
States to observe this day with appropriate programs, ceremonies, and
activities that acknowledge the tremendous contributions of working
Americans and their families.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8412 of September 4, 2009
National Preparedness Month, 2009
By the President of the United States of America
A Proclamation
Preparedness is an essential element of a resilient and secure Nation.
My Administration has made preparedness a top priority, and we are
working every day to ensure our country stands ready to respond to any
disaster or emergency--from wildfires and hurricanes, to terrorist
attacks and pandemic disease. Our goal is to ensure a more resilient
Nation--one in which individuals, communities, and our economy can adapt
to changing conditions as well as withstand and rapidly recover from
disruption due to emergencies.
During National Preparedness Month, we underscore the responsibility of
individuals, families, and communities--including the private and
nonprofit sectors--to do their part before an emergency. I urge all
Americans to take time to prepare an emergency supply kit and a family
emergency plan, and to educate themselves about potential disasters. I
also ask Americans to work within their own communities to coordinate
emergency preparedness efforts. All Americans share this responsibility,
and we must all work together to safeguard the Nation from harm.
The Federal Emergency Management Agency (FEMA) supports and promotes
citizen education and grassroots preparedness efforts. FEMA's Ready
Campaign provides simple and practical steps that all Americans can take
to protect themselves, their families, and their neighbors.
Additionally, the Citizen Corps educates, trains, and coordinates
volunteer activities that help make our communities safer and better
prepared for emergencies. I encourage all Americans to learn more at
www.ready.gov and www.citizencorps.gov.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 2009 as National
Preparedness Month. I call upon the people of the United States to
recognize the importance of preparing for potential emergencies
beforehand and to observe this month with appropriate preparedness
activities, events, and training to enhance our national resilience.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8413 of September 10, 2009
Patriot Day and National Day of Service and Remembrance, 2009
By the President of the United States of America
A Proclamation
Through the twisted steel of the twin towers of the World Trade Center,
the scarred walls of the Pentagon, and the smoky wreckage in a field in
southwest Pennsylvania, the patriotism and resiliency of the American
people shone brightly on September 11, 2001. We stood as one people,
united in our common humanity and shared sorrow. We grieved for those
who perished and remembered what brought us together as Americans.
Today, we honor the lives we lost 8 years ago. On a bright September
day, innocent men, women, and children boarded planes and set off for
work as they had so many times before. Unthinkable acts of terrorism
brought tragedy, destruction, pain, and loss for people across our
Nation and the world.
As we pay tribute to loved ones, friends, fellow citizens, and all who
died, we reaffirm our commitment to the ideas and ideals that united
Americans in the aftermath of the attacks. We must apprehend all those
who perpetrated these heinous crimes, seek justice for those who were
killed, and defend against all threats to our national security. We must
also recommit ourselves to our founding principles. September 11 reminds
us that our fate as individuals is tied to that of our Nation. Our
democracy is strengthened when we uphold the freedoms upon which our
Nation was built: equality, justice, liberty, and democracy. These
values exemplify the patriotism and sacrifice we commemorate today.
In that same spirit of patriotism, I call upon all Americans to join in
service and honor the lives we lost, the heroes who responded in our
hour of need, and the brave men and women in uniform who continue to
protect our country at home and abroad. In April, I was proud to sign
the bipartisan Edward M. Kennedy Serve America Act, which recognizes
September 11 as a National Day of Service and Remembrance. Originated by
the family members of those who lost loved ones on 9/11, the National
Day of Service and Remembrance is an opportunity to salute the heroes of
9/11, recapture the spirit of unity and compassion that inspired our
Nation following the attacks, and rededicate ourselves to sustained
service to our communities.
Throughout the summer, people of all ages and backgrounds came together
to lend a helping hand in their communities through United We Serve. As
this summer of service draws to an end, we renew the call to engage in
meaningful service activities and stay engaged with those projects
throughout the year. Working together, we can usher in a new era in
which volunteering and service is a way of life for all Americans.
Deriving strength from tragedy, we can write the next great chapter in
our Nation's history and ensure that future generations continue to
enjoy the promise of America.
By a joint resolution approved December 18, 2001 (Public Law 107-89),
the Congress has designated September 11 of each year as Patriot Day,
and by Public Law 111-13, approved April 21, 2009, has requested the
observance of September 11 as an annually recognized National Day of
Service and Remembrance.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim September 11, 2009, as Patriot Day and
National Day of Service and Remembrance. I call upon all departments,
agencies, and instrumentalities of the United States to display the flag
of the United States at half-staff on Patriot Day and National Day of
Service and Remembrance in honor of the individuals who lost their lives
as a result of the terrorist attacks against the United States that
occurred on September 11, 2001. I invite the Governors of the United
States and the Commonwealth of Puerto Rico and interested organizations
and individuals to join in this observance. I call upon the people of
the United States to participate in community service in honor of those
our Nation lost, to observe this day with other ceremonies and
activities, including remembrance services, and to observe a moment of
silence beginning at 8:46 a.m. eastern daylight time to honor the
innocent victims who perished as a result of the terrorist attacks of
September 11, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8414 of September 11, 2009
To Address Market Disruption From Imports of Certain Passenger Vehicle
and Light Truck Tires From the People's Republic of China
By the President of the United States of America
A Proclamation
1. On July 9, 2009, the United States International Trade Commission
(USITC) transmitted to me a report on its investigation under section
421 of the Trade Act of 1974, as amended (the ``Trade Act'') (19 U.S.C.
2451), with respect to imports of certain passenger vehicle and light
truck tires from the People's Republic of China (China). In its report,
the USITC stated that it had reached an affirmative determination under
section 421(b)(1) of the Trade Act that certain passenger vehicle and
light truck tires from China are being imported into the United States
in such increased quantities or under such conditions as to cause or
threaten to cause market disruption to the domestic producers of like or
directly competitive products.
2. For purposes of its investigation, the USITC defined certain
passenger vehicle and light truck tires from China as new pneumatic
tires, of rubber, from China, of a kind used on motor cars (except
racing cars) and on-the-highway light trucks, vans, and sport utility
vehicles, provided for in subheadings 4011.10.10, 4011.10.50,
4011.20.10, and 4011.20.50 of the Harmonized Tariff Schedule of the
United States (HTS).
3. The USITC commissioners voting in the affirmative under section
421(b) of the Trade Act also transmitted to me their recommendations
made pursuant to section 421(f) of the Trade Act (19 U.S.C. 2451(f)) on
proposed remedies that, in their view, would be necessary to remedy the
market disruption and the basis for each recommendation.
4. Pursuant to section 421(a) of the Trade Act (19 U.S.C. 2451(a)), I
have determined to provide import relief with respect to new pneumatic
tires, of rubber, from China, of a kind used on motor cars (except
racing cars) and on-the-highway light trucks, vans, and sport utility
vehicles, provided for in subheadings 4011.10.10, 4011.10.50,
4011.20.10, and 4011.20.50 of the HTS.
5. Such import relief shall take the form of an additional duty on
imports of the products described in paragraph 4, imposed for a period
of 3 years. For the first year, the additional duty shall be in the
amount of 35 percent ad valorem above the column 1 general rate of duty.
For the second year, the additional duty shall be in the amount of 30
percent ad valorem above the column 1 general rate of duty, and in the
third year, the additional duty shall be in the amount of 25 percent ad
valorem above the column 1 general rate of duty.
6. Section 421(m) of the Trade Act (19 U.S.C. 2451(m)) provides that
import relief under this section shall take effect not later than 15
days after the President's determination to provide such relief.
7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the
President to embody in the HTS the substance of the provisions of that
Act, and of other acts affecting import treatment, and actions
thereunder, including the removal, modification, continuance, or
imposition of any rate of duty or other import restriction.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
sections 421 and 604 of the Trade Act, do proclaim that:
(1) In order to apply additional duties on imports of the certain
passenger vehicle and light truck tires from China described in
paragraph 4, subchapter III of chapter 99 of the HTS is modified as
provided in the Annex to this proclamation.
(2) The modifications to the HTS made by this proclamation, including
the Annex thereto, shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after 12:01 a.m. EDT on
September 26, 2009, and shall continue in effect as provided in this
proclamation and its Annex, unless such actions are earlier expressly
modified or terminated.
(3) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
[GRAPHIC] [TIFF OMITTED] TD17SE09.000
Proclamation 8415 of September 14, 2009
National Employer Support of the Guard and Reserve Week, 2009
By the President of the United States of America
A Proclamation
Citizens willing to serve in uniform when duty calls have helped protect
our freedom and security since our Nation's founding more than 200 years
ago. During times of peace, they have worked in our cities and towns,
contributing their skill and energy to local businesses, schools, and
civic organizations. During times of strife at home and abroad, they
have served with distinction, protecting the United States from domestic
and foreign threats. In commemorating National Employer Support of the
Guard and Reserve Week, we honor the courageous members of our Guard and
Reserve and their employers, whose support strengthens our Armed Forces
and helps protect our country.
Our Guard and Reserve personnel are training arduously and serving
valiantly as they are called upon to meet new challenges. Active here at
home and in overseas operations, they are a key component in our
national defense. Members of our Guard and Reserve serve with honor at
home and in Afghanistan, Iraq, and other regions around the world, and
they are willing to make the ultimate sacrifice for our country. They
help respond to natural disasters and humanitarian emergencies, and
protect against threats to our national security. Our Nation owes a debt
of gratitude to these brave men and women who balance the demands of
civilian and military life.
Through their continued support and flexibility, employers across the
country bolster the efforts of members of the Guard and Reserve.
Employers often make financial and organizational sacrifices in the
interest of our national security. The commitment of these employers
helps ensure that our troops are mission-ready and provides a measure of
assurance, comfort, and pride to those who leave their jobs and families
behind as they are deployed. The United States is grateful to the many
businesses and organizations that enable Guard and Reserve personnel to
remain engaged in both their professional and their military careers.
The United States has always benefited from the contributions of those
willing to depart the comforts of home to answer the call of duty.
Today, the American people celebrate the service and sacrifice of
members of our Guard and Reserve as we pay special tribute to their
employers for their admirable dedication and support.
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 of America, do hereby proclaim September
13 through September 19, 2009, as National Employer Support of the Guard
and Reserve Week. I encourage 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 nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8416 of September 14, 2009
Fifteenth Anniversary of the Violence Against Women Act
By the President of the United States of America
A Proclamation
Today, we commemorate a milestone in our Nation's struggle to end
violence against women. Authored by then United States Senator Joe Biden
and signed into law in September 1994, the Violence Against Women Act
(VAWA) was the first law to create a comprehensive response to this
problem at the national level. This landmark achievement has helped our
Nation make great strides towards addressing this global epidemic.
VAWA sought to improve our criminal justice system's response to
violence against women and to increase services available to victims. It
directed all 50 States to recognize and enforce protection orders issued
by other jurisdictions, and it created new Federal domestic violence
crimes. The law also authorized hundreds of millions of dollars to
communities and created a national domestic violence hotline.
This bipartisan accomplishment has ushered in a new era of
responsibility in the fight to end violence against women. In the 15
years since VAWA became law, our Nation's response to domestic violence,
dating violence, sexual assault, and stalking has strengthened.
Communities recognize the special needs of victims and appreciate the
benefits of collaboration among professionals in the civil and criminal
justice system, victim advocates, and other service providers. With the
support of VAWA funds, dedicated units of law enforcement officers and
specialized prosecutors have grown more numerous than ever before. Most
importantly, victims are more likely to have a place to turn for help--
for emergency shelter and crisis services, and also for legal
assistance, transitional housing, and services for their children.
Despite this great progress, our Nation's work remains unfinished. More
families and communities must recognize that the safety of our children
relates directly to the safety of our mothers. Access to sexual assault
services, especially in rural America, must be increased. American
Indian and Alaska Native women experience the highest rates of violence,
and we must make it a priority to address this urgent problem. We must
also work with diverse communities to make sure the response to violence
is relevant and culturally appropriate. We must prevent the homicide of
women and girls who have suffered from domestic violence, dating
violence, sexual assault, and stalking.
Far too many women in our communities and neighborhoods, and across the
world, continue to suffer from violence. Inspired by the promise and
achievement of the Violence Against Women Act, our Nation stands united
in its determination to end these crimes and help those in need.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim the Fifteenth Anniversary
of the Violence Against Women Act. I call upon men and women of all
ages, communities, organizations, and all levels of government, to work
in collaboration to end violence against women.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8417 of September 15, 2009
National Hispanic Heritage Month, 2009
By the President of the United States of America
A Proclamation
The story of Hispanics in America is the story of America itself. The
Hispanic community's values--love of family, a deep and abiding faith,
and a strong work ethic--are America's values. Hispanics bring together
the rich traditions of communities with centuries-old roots in America
and the energy and drive of recent immigrants. Many have taken great
risks to begin a new life in the hopes of achieving a better future for
themselves and their families.
Hispanics have played a vital role in the moments and movements that
have shaped our country. They have enriched our culture and brought
creativity and innovation to everything from sports to the sciences and
from the arts to our economy.
Hispanics have served with honor and distinction in every conflict since
the Revolutionary War, and they have made invaluable contributions
through their service to our country. They lead corporations and not-
for-profits, and social movements and places of learning. They serve in
government at every level from school boards to statehouses, and from
city councils to Congress. And for the first time in our Nation's
history, a Latina is seated among the nine Justices of the Supreme Court
of the United States.
As Hispanics continue to enrich our Nation's character and shape our
common future, they strengthen America's promise and affirm the
narrative of American unity and progress.
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, 2009, as
National Hispanic Heritage Month. I call upon public officials,
educators, librarians, and all the people of the United States to
observe this month with appropriate ceremonies, activities, and
programs.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8418 of September 16, 2009
Constitution Day and Citizenship Day, Constitution Week, 2009
By the President of the United States of America
A Proclamation
The United States Constitution has withstood the test of time for more
than two centuries as our Nation's charter of government and the
guarantor of our liberties. Signed in Philadelphia on September 17,
1787, this founding document reflects our core values and enshrines the
truths set forth in the Declaration of Independence, that we are each
endowed with certain unalienable rights. As the beneficiaries of these
rights, all Americans have a solemn obligation to participate in our
democracy so that it remains vibrant, strong, and responsive to the
needs of our citizens.
To succeed, the democracy established in our Constitution requires the
active participation of its citizenry. Each of us has a responsibility
to learn about our Constitution and teach younger generations about its
contents and history. By fulfilling civic duties, engaging government at
the local, State, and Federal level, and volunteering in our
communities, individual citizens can better our country and breathe life
into the freedoms established in the Constitution.
The right to participate in self-government, and the many other freedoms
guaranteed by our Constitution, inspire the dreams and ambitions of many
inside and outside our borders. These principles serve as a beacon of
hope for Americans and those who seek new lives in the United States.
Every day, we welcome new and diverse stories and heritages into the
great patchwork of our Nation. United by our devotion to the
Constitution and to the civic engagement it inspires, Americans remain
committed to the fundamental principles established over two hundred
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, 2009, as Constitution Day and
Citizenship Day, and September 17 through September 23, 2009, 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 celebrate our Constitution and
reaffirm our rights and obligations as citizens of our great Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8419 of September 17, 2009
National POW/MIA Recognition Day, 2009
By the President of the United States of America
A Proclamation
Our Nation maintains a solemn commitment to leave no service member
behind. Our men and women in uniform uphold this pledge every day, and
our country further upholds it as we honor every man and woman who
serves, particularly those taken as prisoners of war or missing in
action. We will never cease in our mission to bring America's missing
service members home; we will never forget the sacrifices they made to
keep this Nation free; and we will forever honor their memory. On
National POW/MIA Recognition Day, we pay tribute to the American men and
women who have not returned from the battlefield, and we express
profound gratitude to those who returned only after facing unimaginable
hardship on our behalf. Today, we also remember the families of our
prisoners of war and those missing in action and honor the sacrifices
they have made.
Every day, Americans are working around the world to identify and
recover the remains of our fallen heroes. It is a promise made, and a
promise that will be kept. Although their location may be unknown, we
will not waver in our commitment to see they are reunited with the land
they so valiantly defended.
For those veterans who returned home after being declared Missing in
Action or having been imprisoned by the enemy, we honor their service,
their sacrifice, and their courage. In distant lands, and under wretched
and torturous conditions, these men and women endured. Faced with such
tremendous adversity, they embody the power of the human spirit--
sustaining themselves with hope and faith.
On September 18, 2009, the stark black and white banner symbolizing
America's Missing in Action and Prisoners of War will be flown over the
White House, the Capitol, the Departments of State, Defense, and
Veterans Affairs, the Selective Service System Headquarters, the World
War II Memorial, the Korean War Veterans Memorial, the Vietnam Veterans
Memorial, United States post offices, national cemeteries, and other
locations across our country. It is a powerful reminder that our Nation
will never cease in our commitment to honor those who have paid so high
a price in its service.
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 18, 2009, as
National POW/MIA Recognition Day, and I urge all Americans to observe
this day of honor and remembrance with appropriate ceremonies and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8420 of September 21, 2009
National Farm Safety and Health Week, 2009
By the President of the United States of America
A Proclamation
Our Nation's prosperity has been built on the skill and productivity of
our farmers and ranchers. Two centuries ago, many American families
toiled in fields and grasslands so that they might feed themselves.
Today, those in the agricultural sector provide food, fiber, biofuels,
and many other life necessities for millions across our Nation and
around the world. The hard work and talent of those in the agricultural
industry, and continued advances in technology and efficiency, have
provided great security to the United States.
As they offer great benefits to our Nation, farmers and ranchers also
face significant risks in the course of their everyday duties. They
often transport and operate heavy and hazardous equipment and work in
extreme weather conditions. Farmers may be exposed to pesticides,
fertilizers, chemicals, and dust that can be harmful to human health.
They also work in dangerous areas such as wells, silos, and grain
elevators. These individuals must take great precautions to protect
their health and safety, especially since rural residents may have to
travel long distances to receive trauma care for an accident-related
injury. They must also take particular care to avoid accidents involving
children.
As the fall harvest season approaches, I encourage farm and ranch
families and workers to participate in farm safety and health programs.
I also encourage them to follow optimal farm safety and health
practices. Businesses and communities, and organizations and neighbors,
can encourage one another to understand the risks of this work so that
we can prevent accidents, prevent exposure to potential hazards, and
save lives.
Working long hours at physically demanding and often dangerous tasks,
farmers and ranchers provide for our Nation and countless others across
the world. Even as they have faced risks, they have made our
agricultural sector more productive and practiced good stewardship of
our country's natural resources. This week, Americans express gratitude
for the untold benefits we enjoy from their labor, and we honor their
achievements by urging continued commitment to the highest standards of
safety and health.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 20 through
September 26, 2009, as National Farm Safety and Health Week. I call upon
the people of the United States to join me in celebrating the vital
contributions of farmers and ranchers to our Nation and in reflecting
upon the importance of farm safety and health in communities across
America.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8421 of September 22, 2009
National Hunting and Fishing Day, 2009
By the President of the United States of America
A Proclamation
From atop Pikes Peak to the shores of the James River, Americans
celebrate the great abundance and utility of our natural resources.
Since our Nation's founding, hunters and anglers have cherished these
unparalleled natural gifts and marveled at their untamed beauty.
National Hunting and Fishing Day recognizes the contributions of
millions of Americans who continue to engage in these ageless pursuits.
Following in the centuries-old footsteps of the pioneers who walked
before them, hunters and anglers have played a key role in the
conservation and restoration of numerous species and their natural
habitats. They not only understand their pivotal role as stewards of the
land, but also seek to pass on this honored tradition to future
generations.
As our citizens continue to enjoy our Nation's natural resources, we
must remember that this privilege brings great responsibility. Not long
ago, hunting threatened the extinction of the American Bison, an
enduring symbol of the American West. Today, their population has
recovered because of the cooperative efforts of conservationists and
hunters. Many species, however, still require our protection. We can no
longer look to our wilderness, as some once did, as land full of
unlimited bounty and surplus. Recognizing the need for conservation, our
hunters and anglers have worked hard to manage local ecosystems where
wildlife remain, as well as to protect those areas where they are slowly
re-establishing viable populations.
Our national character, always evolving, finds its foundation in those
timeless American ideals of freedom, fairness, and self-sustainability.
Today's hunters and anglers bring this spirit to life in the forests and
streams they visit. If not for America's great hunters and anglers, like
President Theodore Roosevelt and Aldo Leopold, our Nation would not
enjoy sound game management; a system of ethical, science-based game
laws; and an extensive public lands estate on which to pursue the
sports. On National Hunting and Fishing Day, we celebrate their
contributions to our natural environment and our national heritage.
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 26, 2009, as
National Hunting and Fishing Day. I call upon the people of the United
States to recognize this day with appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8422 of September 25, 2009
Gold Star Mother's and Families' Day, 2009
By the President of the United States of America
A Proclamation
The sacrifices of our military servicemembers are etched in the walls of
our monuments and felt at empty dinner tables across America. To those
who have given their lives for our country, we honor them as guardians
of our liberty and pay tribute to their valiant service. As our Nation
remembers our fallen men and women in uniform, we also recognize the
profound loss and sorrow of the family members they leave behind.
Few know the honor of service and the costs of war more than Gold Star
Mothers and Families. They have given our Nation their most precious
treasure, and we remain forever in their debt. Honoring the memory of
their lost loved ones, these extraordinary individuals dedicate
themselves to helping heal the hearts of other military families who
bear the great burden of loss. Through their strength and service, they
emulate their loved one's selfless dedication to our country.
On this day, we express immense gratitude and profound respect for Gold
Star Mothers and Families. Our country's fallen heroes left the comfort
of home so that we might know a more peaceful world. They endured
extreme hardship so that we might enjoy freedom. They made the ultimate
sacrifice so that we might be safe. They represent the best of America.
In their memory, may we fulfill our solemn obligation to continue their
work of securing a safer, freer world for generations to come.
The Congress, by Senate Joint Resolution 115 of June 23, 1936 (49 Stat.
1895 as amended), has designated the last Sunday in September as ``Gold
Star Mother's Day.''
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 Sunday, September 27,
2008, as Gold Star Mother's and Families' Day. I call upon all
Government officials to display the flag of the United States over
Government buildings on this special day. I also encourage the American
people to display the flag and hold appropriate ceremonies as a public
expression of our Nation's sympathy and respect for our Gold Star
Mothers and Families.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8423 of September 25, 2009
National Public Lands Recognition Day, 2009
By the President of the United States of America
A Proclamation
Borne out of a commitment to protect and preserve our natural treasures,
America's public lands are an indispensable component of American life.
As we work to protect their integrity for future generations, vast
expanses of land remain available for the use and enjoyment of all who
visit them. National Public Lands Day is an opportunity for all
Americans, young and old, to celebrate the majesty of our open spaces
and devote our collective efforts to conserving our Nation's unique
landscapes.
Today, from the largest National Parks and Forests to neighborhood
playgrounds and urban parks, 130,000 volunteers are working on over
2,000 public land improvement projects across the Nation. Committed
individuals, including participants from schools and universities,
private businesses, non-profit organizations, and government agencies,
are continuing the American tradition of stewardship through their
service.
Dedicated to improving all aspects of our natural environment, this
year's Public Lands Day focuses on water. Across the country, volunteers
are highlighting the need to protect our Nation's water bodies by
monitoring water quality in rivers and lakes, restoring wetlands,
preventing stormwater runoff and erosion, cleaning up trash from
shorelines, and learning techniques to conserve water at home.
Public lands help preserve our Nation's quality of life, offering fresh
water, abundant natural resources, and educational and recreational
opportunities. I was proud to sign the Omnibus Public Land Management
Act of 2009 to add to our Nation's treasured landscapes and build on our
rich history as guardians of our natural environment. Today, we affirm
our resolve to conserve these cherished spaces for our enjoyment and for
that of future generations.
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 26, 2009, as
National Public Lands Day. I invite all my fellow citizens to join me in
a day of service for our public lands.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8424 of September 28, 2009
Family Day, 2009
By the President of the United States of America
A Proclamation
Our family provides one of the strongest influences on our lives.
American families from every walk of life have taught us time and again
that children raised in loving, caring homes have the ability to reject
negative behaviors and reach their highest potential. Whether children
are raised by two parents, a single parent, grandparents, a same-sex
couple, or a guardian, families encourage us to do our best and enable
us to accomplish great things. Today, our children are confronting
issues of drug and alcohol use with astonishing regularity. On Family
Day, we honor the dedication of parents, commend the achievements of
their children, and celebrate the contributions our Nation's families
have made to combat substance abuse among young people.
The 21st century presents families with unprecedented challenges.
Millions of women and men are struggling to balance the demands of their
jobs with the needs of their families. At the same time, our youngest
generation faces countless distractions in their social environment.
They are coming of age in a world where electronic devices have replaced
the playground, televisions have preempted conversation, and pressure to
use drug and alcohol is far too prevalent. Parents bear significant
stress and burdens to protect their children from harmful influences.
It is our responsibility to talk with adolescents about the risks of
abusing alcohol, tobacco, or prescription and illicit drugs, and other
harmful behaviors. These substances can destroy the mind, body, and
spirit of a child, jeopardizing their health and limiting their
potential. Active parents, voicing their disapproval of drug use, have
proven themselves to be the most effective preventative method for
keeping our children drug-free. A strong and engaged family can make all
the difference in helping young people make healthy decisions.
By coming together as a family and discussing the events of the day,
parents can foster open communication, share joys and concerns, and help
guide their children toward healthy decisionmaking. A strong nation is
made up of strong families, and on this Family Day, we rededicate
ourselves to ensuring that every American family has the chance to build
a better, healthier future for themselves and their children.
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 28, 2009, as
Family Day. I call upon the people of the United States to join together
in observing this day with appropriate ceremonies and activities to
honor and strengthen our Nation's families.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8425 of September 30, 2009
National Breast Cancer Awareness Month, 2009
By the President of the United States of America
A Proclamation
In 2009, more than 190,000 women are expected to be diagnosed with
breast cancer, and more than 40,000 women are expected to die from this
disease. It is the most common non-skin cancer and the second leading
cause of cancer-related death among women in the United States. As we
observe National Breast Cancer Awareness Month, we salute the brave
Americans who are fighting this disease, including families and friends,
advocates, researchers, and health care providers. We also pause to
remember and pray for those we have lost to breast cancer.
Many Americans know someone who survived breast cancer due to early
detection or improved treatment, and we must continue to discover ways
to prevent, detect, and treat this disease. For us to better understand
how breast cancer develops, to prevent recurrence, and to enhance the
quality of life for survivors, we must support critical research
programs. The National Institutes of Health, Department of Defense, and
the Centers for Disease Control and Prevention will invest over $1
billion in research this year. Strengthening our knowledge of breast
cancer development can lead to improvements in prevention and treatment.
Screening and early detection are essential to our Nation's fight
against breast cancer. The National Cancer Institute recommends that
women age 40 and older have mammograms every 1 to 2 years. Women who are
at greater risk should talk with their health care providers about
whether to have mammograms before age 40 and how often to have them. My
Administration is committed to requiring insurance companies to cover
mammograms with no extra charges, and prohibiting the denial of coverage
based on pre-existing conditions, including breast cancer.
Breast cancer health disparities also present a serious challenge. White
women have the highest breast cancer incidence rates, and African
American women have higher mortality rates than other racial or ethnic
groups in the United States. There is also evidence lesbian women are at
a greater risk of developing breast cancer than heterosexual women.
Every day, we are improving programs that address the issues women
encounter in obtaining appropriate and timely treatment. As a Nation, we
will overcome the financial and physical restraints of underserved
populations and ensure access to quality health care.
Our Nation has made significant progress in the fight against breast
cancer, and we remain firm in our commitment to do more. This month, we
reaffirm our commitment to reduce the burden of breast cancer and our
support for those who are living with this devastating disease. By
raising awareness of this disease and supporting research, we can usher
in a new era in our struggle against breast cancer.
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 October 2009, as
National Breast Cancer Awareness Month. I encourage citizens, Government
agencies, private businesses, nonprofit organizations, and other
interested groups to join in activities that will help Americans
understand what they can do to prevent and control breast cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8426 of September 30, 2009
National Disability Employment Awareness Month, 2009
By the President of the United States of America
A Proclamation
Fair access to employment is a fundamental right of every American,
including the 54 million people in this country living with
disabilities. A job can provide financial stability, help maximize our
potential, and allow us to achieve our dreams. As Americans, we possess
a range of vocational opportunities to make the most of our talents and
succeed in a chosen career; those with disabilities are entitled to the
same opportunities. During National Disability Employment Awareness
Month, we recommit ourselves to implementing effective policies and
practices that increase employment opportunities for individuals with
disabilities.
In the past half-century, we have made great strides toward providing
equal employment opportunities in America, but much work remains to be
done. As part of that continuing effort, we must seek to provide
opportunities for individuals with disabilities. Only then can Americans
with disabilities achieve full participation in the workforce and reach
the height of their ambition.
My Administration is committed to promoting positive change for every
American, including those with disabilities. The Federal Government and
its contractors can lead the way by implementing effective employment
policies and practices that increase opportunities and help workers
achieve their full potential. Across this country, millions of people
with disabilities are working or want to work. We must ensure they have
access to the support and services they need to succeed.
Recognizing the need for equal employment opportunities, we must also
strengthen and expand the educational opportunities for individuals with
disabilities. The American Recovery and Reinvestment Act substantially
increased funding for the Individuals with Disabilities Education Act,
and provided more than $500 million for vocational rehabilitation
services, including job training, education, and placement. If we are to
build a world free from unnecessary barriers, stereotypes, and
discrimination, we must ensure that every American receives an education
that prepares him or her for future success.
Each day, Americans with disabilities play a critical role in forging
and shaping the identity of our Nation. Their contributions touch us all
through personal experience or through that of a family member,
neighbor, friend, or colleague. We grow stronger as a Nation when
Americans feel the dignity conferred by having the ability to support
themselves and their families through productive work. This month, we
rededicate ourselves to fostering an inclusive work culture that
welcomes the skills and talents of all qualified employees.
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 October 2009, as
National Disability Employment Awareness Month. I call on all Americans
to celebrate the contributions of individuals with disabilities to our
workplaces and communities, and to promote the employment of individuals
with disabilities to create a better, more inclusive America, one in
which every person is rightly recognized for his or her abilities and
accomplishments.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8427 of October 1, 2009
National Cybersecurity Awareness Month, 2009
By the President of the United States of America
A Proclamation
Americans are constantly adopting new and innovative technologies. This
exposure has dramatically increased our thirst for computers,
smartphones, and other digital solutions at work and at home. Our
Nation's growing dependence on cyber and information-related
technologies, coupled with an increasing threat of malicious cyber
attacks and loss of privacy, has given rise to the need for greater
security of our digital networks and infrastructures. In the Information
Age, the very technologies that empower us to create and build also
empower those who would disrupt and destroy. During National
Cybersecurity Awareness Month, we rededicate ourselves to promoting
cybersecurity initiatives that ensure the confidentiality of sensitive
information, the integrity of e-commerce, and the resilience of digital
infrastructures.
Cyber attacks and their viral ability to infect networks, devices, and
software must be the concern of all Americans. This month, we highlight
the responsibility of individuals, businesses, and governments to work
together to improve their own cybersecurity and that of our Nation. We
all must practice safe computing to avoid attacks. A key measure of our
success will be the degree to which all Americans educate themselves
about the risks they face and the actions they can take to protect
themselves and our Nation's digital infrastructure.
The Department of Homeland Security (DHS) and the Federal Trade
Commission (FTC) support and promote cybersecurity education. Both the
DHS and the FTC have identified basic cybersecurity tips that every
computer user should adopt. To learn more about safe computing practices
that can help prevent cyber attacks, visit www.onguardonline.gov and
www.dhs.gov/cyber.
The 21st century offers our Nation unprecedented opportunities to
develop new solutions to the challenges we face. Today, technology
allows Americans to reach across the globe and communicate with family
and friends, customers and colleagues, in distant locations. With this
freedom, however, comes heightened responsibility. My Administration is
committed to treating our digital infrastructure as a strategic national
asset. Protecting this infrastructure is a national security priority,
and in the process, we will ensure that these networks are
comprehensive, trustworthy, and resilient. Together, we will create a
more secure America, where technology can evolve in a protected and
productive environment.
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 October 2009 as
National Cybersecurity Awareness Month. I call upon the people of the
United States to recognize the importance of cybersecurity and to
observe this month with appropriate activities, events, and trainings to
enhance our national security and resilience.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8428 of October 1, 2009
National Domestic Violence Awareness Month, 2009
By the President of the United States of America
A Proclamation
Domestic violence touches the lives of Americans of all ages, leaving a
devastating impact on women, men, and children of every background and
circumstance. A family's home becomes a place of fear, hopelessness, and
desperation when a woman is battered by her partner, a child witnesses
the abuse of a loved one, or a senior is victimized by family members.
Since the 1994 passage of the landmark Violence Against Women Act,
championed by then Senator Joe Biden, our Nation has strengthened its
response to this crime and increased services for victims. Still, far
too many women and families in this country and around the world are
affected by domestic violence. During National Domestic Violence
Awareness Month, we recommit ourselves to ending violence within our
homes, our communities, and our country.
To effectively respond to domestic violence, we must provide assistance
and support that meets the immediate needs of victims. Facing social
isolation, victims can find it difficult to protect themselves and their
children. They require safe shelter and housing, medical care, access to
justice, culturally specific services, and economic opportunity. The
Family Violence Prevention and Services Act supports emergency shelters,
crisis intervention programs, and community education about domestic
violence.
In the best of economic times, victims worry about finding a job and
housing, and providing for their children; these problems only intensify
during periods of financial stress. That is why the American Recovery
and Reinvestment Act provides $325 million for the Violence Against
Women Act (VAWA) and the Victims of Crime Act (VOCA). This funding will
supplement the Federal VAWA and VOCA dollars that flow to communities
every year, and enable States, local governments, tribes, and victim
service providers to retain and hire personnel that can serve victims
and hold offenders accountable. These funds will also bring relief to
victims seeking a safe place to live for themselves and their children.
Victims of violence often suffer in silence, not knowing where to turn,
with little or no guidance and support. Sadly, this tragedy does not
just affect adults. Even when children are not directly injured by
violence, exposure to violence in the home can contribute to behavioral,
social, and emotional problems. High school students who report having
experienced physical violence in a dating relationship are more likely
to use drugs and alcohol, are at greater risk of suicide, and may carry
patterns of abuse into future relationships. Our efforts to address
domestic violence must include these young victims.
During this month, we rededicate ourselves to breaking the cycle of
violence. By providing young people with education about healthy
relationships, and by changing attitudes that support violence, we
recognize that domestic violence can be prevented. We must build the
capacity of our Nation's victim service providers to reach and serve
those in need. We urge community leaders to raise awareness and bring
attention to this quiet crisis. And across America, we encourage victims
and their families to call the National Domestic Violence Hotline at 1-
800-799-SAFE. Together, we must ensure that, in America, no victim of
domestic violence ever struggles alone.
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 October 2009, as
National Domestic Violence Awareness Month. I ask all Americans to do
their part to end domestic violence in this country by supporting their
communities' efforts to assist victims in finding the help and healing
they need.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8429 of October 1, 2009
National Information Literacy Awareness Month, 2009
By the President of the United States of America
A Proclamation
Every day, we are inundated with vast amounts of information. A 24-hour
news cycle and thousands of global television and radio networks,
coupled with an immense array of online resources, have challenged our
long-held perceptions of information management. Rather than merely
possessing data, we must also learn the skills necessary to acquire,
collate, and evaluate information for any situation. This new type of
literacy also requires competency with communication technologies,
including computers and mobile devices that can help in our day-to-day
decisionmaking. National Information Literacy Awareness Month highlights
the need for all Americans to be adept in the skills necessary to
effectively navigate the Information Age.
Though we may know how to find the information we need, we must also
know how to evaluate it. Over the past decade, we have seen a crisis of
authenticity emerge. We now live in a world where anyone can publish an
opinion or perspective, whether true or not, and have that opinion
amplified within the information marketplace. At the same time,
Americans have unprecedented access to the diverse and independent
sources of information, as well as institutions such as libraries and
universities, that can help separate truth from fiction and signal from
noise.
Our Nation's educators and institutions of learning must be aware of--
and adjust to--these new realities. In addition to the basic skills of
reading, writing, and arithmetic, it is equally important that our
students are given the tools required to take advantage of the
information available to them. The ability to seek, find, and decipher
information can be applied to countless life decisions, whether
financial, medical, educational, or technical.
This month, we dedicate ourselves to increasing information literacy
awareness so that all citizens understand its vital importance. An
informed and educated citizenry is essential to the functioning of our
modern democratic society, and I encourage educational and community
institutions across the country to help Americans find and evaluate the
information they seek, in all its forms.
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 October 2009 as
National Information Literacy Awareness Month. I call upon the people of
the United States to recognize the important role information plays in
our daily lives, and appreciate the need for a greater understanding of
its impact.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8430 of October 2, 2009
National Arts and Humanities Month, 2009
By the President of the United States of America
A Proclamation
Throughout our Nation's history, the power of the arts and humanities to
move people has built bridges and enriched lives, bringing individuals
and communities together through the resonance of creative expression.
It is the painter, the author, the musician, and the historian whose
work inspires us to action, drives us to contemplation, stirs joy in our
hearts, and calls upon us to consider our world anew. The arts and
humanities contribute to the vibrancy of our society and the strength of
our democracy, and during National Arts and Humanities Month, we
recommit ourselves to ensuring all Americans can access and enjoy them.
Our Nation's cultural assets tell the story of America's diversity and
reveal our common humanity. Countless American artists develop unique
styles by infusing their work with cultural elements from across the
country and the world, and in turn, have an impact on the global arts
community. Through history and philosophy, we learn the heritage of
fellow Americans and appreciate the arc of their narrative as an
integral part of our own. Cultural exchanges, collaborative projects,
and continuing education programs help us to share and preserve a mosaic
of rich traditions and provide future generations with opportunities for
artistic expression.
The arts and humanities also bring our economy untold benefits. Millions
of Americans take part in the non-profit and for-profit arts industries.
Cultural and arts activities not only contribute tens of billions of
dollars to our economy, but also inspire innovation. In neighborhoods
and communities across the Nation, the arts and humanities lie at the
center of revitalization, inspiring creativity, ideas, and new hope in
areas that have gone too long without it.
Every American deserves an opportunity to study, understand, and
contribute to the arts and humanities. This must begin in our schools,
where children may have their first and most important exposure to these
disciplines. Working on their own masterpieces and finding inspiration
in the work of others, young people are opened to new means of
expression that sharpen their creative faculties. An education in music,
dance, drama, design, and fine art reinforces skills in fields like math
and science, and it can help students reach their full potential. In an
ever-changing world, we must prepare our students with the knowledge,
creative skills, and an ability to innovate so they can compete and
succeed on a global stage.
As a people, we have an unlimited capacity for self-expression and
personal interpretation. While we may not always agree with what we see
or hear, it is our open-mindedness that commends the artistic struggle
behind the creation and our curiosity that pursues its vision. This
month, we honor this artistic spirit that lives and breathes within
every American. Creativity and a thirst for understanding are the fuel
that has fed our Nation's success for centuries, and they will continue
to be well into our future.
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 October 2009 as
National Arts and Humanities Month. I call upon the people of the United
States to join together in observing this month with appropriate
ceremonies, activities, and programs to celebrate the arts and
humanities in America.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8431 of October 2, 2009
National Energy Awareness Month, 2009
By the President of the United States of America
A Proclamation
A more prosperous future for our Nation's economy means making
investments in energy efficiency and clean energy today. Well-funded
energy research and development will not only help protect our
environment and support our communities, but it will also address
concerns of global competitiveness and national security. Innovation in
energy technology will decrease our oil use, strengthen our economy, and
reduce the dangerous pollution that causes climate change.
As American scientists, engineers, and entrepreneurs bring new and
improved energy technologies to homes and businesses in this country and
around the world, they will be showing American leadership and vision
while also making clean energy the profitable kind of energy. During
National Energy Awareness Month, we recognize the contributions of
individuals, organizations, and companies that are committed to
advancing energy innovation and efficiency, and we promote the
importance of a clean energy economy to our Nation.
The Federal Government is the largest consumer of energy in the United
States, and my Administration is committed to leading by example in the
use of clean energy and increased energy efficiency. Not only will we
lead through our performance, we will also leverage our ability to be
the kind of customer that can help turn an idea into a great American
enterprise. Through State and local grants, increased funding for
weatherization programs, job training programs, and policies to support
clean energy businesses, we are ushering in a new era of green energy
that will benefit our economic recovery, our security, and our long-term
prosperity.
We face a turning point in our Nation's energy policy. We can either
remain the world's leading importer of oil, or we can become the world's
leading exporter of clean energy technology. We can allow climate change
to wreak unnatural havoc, or we can create jobs deploying low-carbon
technologies to prevent its worst effects.
Throughout our history, Americans have successfully confronted
challenges that have tested our determination and our capacity to
change. If we are to advance energy and climate security, we must focus
on energy efficiency, promote sustainable industries, accelerate job
training and job creation in these areas, and set effective and
achievable standards for the generation and use of clean energy. As a
Nation, we will lead by innovating, adapting to the global marketplace,
and investing in the kind of sustainable future we want for the
generations 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 October 2009 as
National Energy Awareness Month. I call upon the people of the United
States to mark this month by making clean energy choices that can both
rebuild our economy and make it more sustainable.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8432 of October 2, 2009
Fire Prevention Week, 2009
By the President of the United States of America
A Proclamation
As powerful as any force in the natural world, fire deserves our utmost
attention. Unchecked, fire can destroy homes, devastate our environment,
and, at its worst, injure or fatally harm individuals. Fire Prevention
Week is a time to learn about important fire safety issues and empower
our communities to stay ``Fire Smart.'' It is also a time to honor our
Nation's brave firefighters and volunteers who risk their lives to
protect their fellow Americans.
Every year, thousands of Americans experience fires in their homes and
workplaces. We can greatly reduce these tragedies by taking a few, very
simple steps. For example, if each of us strives to remain attentive
while cooking, to properly dispose of all smoking materials, and to
regularly check and replace smoke alarm batteries, we can help keep our
families safe from harm and protect personal property. Additional
precautionary measures should also include the formation of an emergency
plan and the education of our children about the proper ways to handle
potentially dangerous situations with fire.
This week's theme, ``Stay Fire Smart! Don't Get Burned,'' focuses on
increasing burn awareness and prevention. We can each do more to avoid
severe burns by testing water temperature, remaining aware of open
flames, and ensuring that heating elements--such as those in electric
stoves, toasters, hair appliances, and space heaters--are secure and
operated properly. These easy, common sense practices can help Americans
avoid suffering painful burns.
Fire can have a devastating impact on the life of an individual or
family, and it can have far-reaching financial and human consequences.
Wildfires can burn hundreds of acres and affect numerous communities,
while household fires can spread to neighboring buildings. These and
other emergency situations can endanger the lives of not only the
public, but also our rescue workers and firefighters. During Fire
Prevention Week, we are reminded of the dangers of fire, we honor the
brave men and women who protect us from it, and we recommit ourselves to
its responsible use.
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 October 4 through
October 10, 2009, as Fire Prevention Week. On Sunday, October 4, 2009,
in accordance with Public Law 107-51, the flag of the United States will
be flown at half staff on all Federal office buildings in honor of the
National Fallen Firefighters Memorial Service. I call on all Americans
to participate in this observance with appropriate programs and
activities and by renewing their efforts to prevent fires and their
tragic consequences.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8433 of October 2, 2009
Child Health Day, 2009
By the President of the United States of America
A Proclamation
Our Nation has an obligation to provide access to affordable, high-
quality health care for all our children. No child should be forced to
go without medical attention because the cost of a doctor visit is too
high. Healthy children are better equipped to combat illness and to
perform well in school, impacting their development well into adulthood.
On Child Health Day, we recognize the fundamental importance of health
care for our Nation's children, and dedicate our collective energies to
support their needs and those of their families.
The responsibility for our children's health rests with every American.
Parents and guardians should lead by example. We must teach our children
the importance of healthy eating and a physically active lifestyle. We
can support community programs across America that provide our young
people with healthy choices, and ensure that families have the resources
necessary to champion the health of their children. From outdoor
activities to community athletic teams, we can seize opportunities to
increase physical activity in the lives of our children, and promote
healthy habits at an early age.
When our children make smart, healthy decisions, they are set on the
path towards success. A balanced diet, coupled with proper exercise, has
proven effective in combating childhood obesity and other chronic
illnesses among our Nation's young people. More recently, the lure of
indoor distractions has drawn our children away from the athletic fields
and outdoor activities that can be part of a healthy lifestyle. We must
engage our Nation's children in behaviors that support their physical
fitness, ensure they have access to healthy, affordable food, and
empower their families with the information essential for healthy
living.
As a Nation, we cannot allow our children to fail in reaching their full
potential because we fail to meet their basic needs. My Administration
has made children's health a priority, and I was proud to sign the
reauthorization of the Children's Health Insurance Program (CHIP),
extending health care to millions of young Americans who were previously
uninsured. Today, we celebrate the health of our children and rededicate
ourselves to providing a bright, healthy future for our Nation's youth.
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 Monday, October 5,
2009, as Child Health Day.
I call upon families, child health professionals, faith-based and
community organizations, and governments to help ensure that America's
children stay safe and healthy.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8434 of October 6, 2009
German-American Day, 2009
By the President of the United States of America
A Proclamation
Comprising the Nation's largest ancestry group, German Americans have
contributed to our collective identity since the first settlements were
founded in the 17th century. Essential to the growth of America, these
farmers, soldiers, entrepreneurs, and patriots gave their strength,
determination, and in some circumstances, their lives, so we all may
experience a brighter tomorrow. It is in this spirit that German
Americans continue to enrich our national character, sharing their proud
heritage with new generations from every background. Today, we celebrate
German Americans for their remarkable role in our Nation's development.
Our citizens of German descent excel in every discipline and open our
minds to the expanses of human possibility. When we drive across a
suspension bridge, listen to music played on a Steinway piano, or send a
child to kindergarten, their unique traditions and customs surround us.
German Americans have influenced our Nation in myriad ways with their
industry, culture, and engagement in public life.
Germany and its people have also been active participants in our
Nation's history. This year, we celebrate the 60th anniversary of the
Federal Republic of Germany, and the 20th anniversary of the fall of the
Berlin Wall. These milestones reinforce the German people's dedication
to democratic ideals, and we honor the bonds that tie our two nations
together.
America is a stronger Nation because of those families who have
established longstanding roots in our country, as well as by those who
have recently emigrated from abroad. German immigrants, inhabiting every
major city, have given much of themselves throughout our history,
selflessly expanding the reach of the American Dream. On this day, we
celebrate and honor the past, present, and future contributions of
German Americans to the rich and textured story of America.
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 October 6, 2009, as
German-American Day. I encourage all Americans to learn more about the
history of German Americans and to commemorate the many contributions
they have made to our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8435 of October 7, 2009
Leif Erikson Day, 2009
By the President of the United States of America
A Proclamation
On this day in 1825, the ship Restauration landed in New York City after
sailing for 3 months from Stavanger, Norway. The 52 passengers aboard
represented the first organized emigration of Norwegians to America.
These brave individuals set to the seas, following in the grand
footsteps of the famous Scandinavian explorer Leif Erikson. Over a
millennium ago, Leif Erikson--son of Iceland and grandson of Norway--
arrived in North America and founded the settlement Vinland, located in
modern-day Canada. Today, we celebrate his historic voyage and remember
those who journeyed to America from far-away lands.
Our Nation's founding history is marked by millions of individuals who
faced great hardship and difficulty as they pursued a brighter future
abroad. As explorers, they did not know what they would find, but they
were determined not to turn back, in order to learn what lay beyond the
setting sun. This same spirit lived within Leif Erikson, and it has
inspired countless others who venture from their homes in search of
opportunity, uncertain of the possibilities and challenges that await
them.
Today, our Nation continues to welcome those descendents of Leif Erikson
to our shores. Nordic Americans have contributed immeasurably to the
success of America. Their cultural accomplishments have enriched the
diversity of our country. And their pioneering spirit continues to
embody our Nation's unbounded enthusiasm for discovery and learning.
To honor Leif Erikson and celebrate our Nordic-American heritage, the
Congress, by joint resolution (Public Law 88-566) approved on September
2, 1964, has authorized the President to proclaim October 9 of each year
as ``Leif Erikson Day.''
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim October 9, 2009, as Leif Erikson Day, and I
call upon all Americans to observe this day with appropriate ceremonies,
activities, and programs to honor our country's rich Nordic-American
heritage.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8436 of October 9, 2009
National School Lunch Week, 2009
By the President of the United States of America
A Proclamation
Every young American deserves access to a wholesome, nutritious lunch.
These meals prevent hunger and give our children the energy and
nourishment they need to grow into healthy, productive adults. Since
1946, the National School Lunch Program has helped to protect the health
and well-being of our children by providing them with balanced, low-cost
or free lunches throughout the school year. This week, we renew our
commitment to serving healthy meals that will prepare our next
generation of leaders to learn and thrive.
The National School Lunch Program serves more than 31 million students
every school day at over 100,000 schools across our Nation. These meals
can be an important source of fruits, vegetables, and low-fat dairy
products, containing essential nutrients to meet the demands of a
growing child. For many schoolchildren, it will be their most nutritious
meal--sometimes their only meal--of the day. This program can also teach
children about the importance of good eating habits, which is vital to
our Nation's fight against childhood obesity. In the coming months, my
Administration will continue our partnership with Federal, State, and
local leaders to strengthen the National School Lunch Program. We must
work together to remove barriers that prevent some eligible children
from receiving meals, and update nutrition standards to reflect the
latest Dietary Guidelines for Americans.
Academic success requires hard work and concentration. Students
distracted by hunger cannot match the focus of their peers. Poorly
nourished students are also more likely to become ill, and miss class
more frequently. During National School Lunch Week, we honor all those
who make the National School Lunch Program possible, including
government and school officials, food service professionals, farmers,
and parents. By ensuring that every child, regardless of background or
family income, is properly fed at school, we secure a brighter future
for each of them and for America.
The Congress, by joint resolution of October 9, 1962 (Public Law 87-
780), as amended, has designated the week beginning on the second Sunday
in October each year as ``National School Lunch Week,'' and has
requested the President to issue a proclamation in observance of this
week.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim the week of October 11 through October 17,
2009, as National School Lunch Week. I call upon all Americans to join
the dedicated individuals who administer the National School Lunch
Program in appropriate activities that support the health and well-being
of our Nation's children.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8437 of October 9, 2009
Columbus Day, 2009
By the President of the United States of America
A Proclamation
More than 500 years have passed since Christopher Columbus set sail
across the Atlantic Ocean in a bold attempt to expand human
understanding of the known world. His voyage radically altered the
course of history and changed our world forever. Many generations later,
that same spirit of exploration inspires Americans to pursue brave new
frontiers in business, science, and technology. Today, we reflect on the
transformation of North America from a land of boundless opportunity to
the modern communities of the 21st century.
Born in Genoa, Italy, Christopher Columbus' journey aboard three Spanish
ships revealed a new land for many European nations whose people would
later flock to our shores in search of prosperity and freedom. These
immigrants joined many thriving indigenous communities who suffered
great hardships as a result of the changes to the land they inhabited.
Although their competing ways of life were initially at odds, over time,
the ``New World'' became a culturally and ethnically diverse place where
we now enjoy the free exchange of ideas and democratic self-governance.
Tribal communities continue to strengthen our Nation through their rich
heritage and unique identity.
Columbus inspired generations of men and women to search out the
farthest reaches of the world. From the coasts of Newfoundland to the
Gulf of Mexico, explorers of Italian descent have directly influenced
the growth of North America. Their dedication to our country has helped
lay the foundation on which America was built. Today, Italian Americans
continue to contribute immeasurably to the identity of our Nation, as
role models, leaders, innovators, and committed public servants. From
the boardroom to the classroom, they are prominent in every facet of
American life.
In commemoration of Christopher Columbus' historic exploration 517 years
ago, the Congress, by joint resolution of April 30, 1934 (48 Stat. 657),
and an Act of June 28, 1968 (82 Stat. 250), has requested that the
President proclaim the second Monday of October of each year as
``Columbus Day.''
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim October 12, 2009, as Columbus Day. I call
upon all the people of the United States to observe this day with
appropriate ceremonies and activities. I also direct that the flag of
the United States be displayed on all public buildings on the appointed
day in honor of Christopher Columbus.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8438 of October 9, 2009
General Pulaski Memorial Day, 2009
By the President of the United States of America
A Proclamation
Each year on this day, Americans pause to remember a patriot and
champion of liberty who fought valiantly for the freedom of our Nation.
During our struggle for independence, General Casimir Pulaski displayed
heroic leadership and ultimately sacrificed his life in service to our
country. His commitment to liberty remains an inspiration to us today,
230 years later, and it serves as a reflection of the many contributions
Polish Americans have made to our national identity.
Born in Poland in 1745, Brigadier General Casimir Pulaski witnessed the
occupation of Poland by foreign troops during his youth. He joined the
struggle for Polish independence in 1768, fighting alongside his father
with unwavering determination. Despite the tremendous courage of Pulaski
and his compatriots, the foreign forces prevailed and Poland was divided
among three of its neighbors. The young Casimir Pulaski was exiled, and,
while in Paris, met America's envoy to France, Benjamin Franklin, and
learned of our nascent quest for independence.
Arriving in America during the summer of 1777, General Pulaski quickly
earned a commission and led his troops with admirable skill in a number
of important campaigns. He would eventually become known as the ``Father
of the American Cavalry.'' In 1779, Pulaski was mortally wounded during
the siege of Savannah while trying to rally his troops under heavy enemy
fire. Before laying down his life for the United States, this Polish and
American hero had earned a reputation for his idealism and his
courageous spirit.
Pulaski's ideals live on today in the many Polish-American communities
across the country. These neighborhoods continue to celebrate Polish
culture, while adding immeasurably to our national identity. Their
contributions have expanded our collective knowledge, pushing the
boundaries of science, business, and the arts. With each passing year,
the cooperation between the United States and Poland grows, supported by
the dedication and commitment of Polish Americans to our shared history.
Today, as we remember General Pulaski, we celebrate our strong
friendship with Poland, and honor those Americans of Polish heritage.
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 Sunday, October 11,
2009, as General Pulaski Memorial Day. I encourage all Americans to
commemorate this occasion with appropriate programs and activities
paying tribute to Casimir Pulaski and honoring all those who defend the
freedom of our great Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8439 of October 15, 2009
White Cane Safety Day, 2009
By the President of the United States of America
A Proclamation
All Americans deserve the freedom to participate in every aspect of our
society and pursue their full measure of happiness. For blind Americans,
the white cane is a potent symbol of that freedom--affording them
greater independence and mobility. Today we renew our commitment to
provide full inclusion and equal opportunities for those among us who
are blind or have low vision. As Americans, we must nurture a society
that values the unique abilities and individual contributions of all its
people.
Individuals who are blind or have low vision are less constrained and
better integrated in our country than ever before, but much work remains
to ensure they have the opportunity to reach their full potential. My
Administration is committed to securing full and equal access to
education and employment for blind Americans and all those with
disabilities. The American Recovery and Reinvestment Act substantially
increased funding for the Individuals with Disabilities Education Act,
as well as vocational rehabilitation services, including job training,
education, and placement.
For Americans who are blind or have low vision, a white cane is just one
of a wide range of tools that sustain independence and productivity. In
recent years, refreshable Braille displays and speech synthesis devices
have given these individuals access to the Internet, unlocking a new
frontier of limitless possibility. As we encourage the development of
new assistive technologies, we must also improve access to existing
tools. The Braille code has opened a doorway to literacy for countless
individuals, but far too many blind children in our country are not
learning to read it. By improving Braille literacy, we will secure a
brighter future for these young Americans.
In the 45 years since White Cane Safety Day was first proclaimed by
President Lyndon Johnson, Americans who are blind or have low vision
have achieved substantial progress. As leaders in government and
business, academics, and the arts, they have made remarkable
contributions to our Nation, proving that sight is no requisite for
success. We will continue to strive for a more just and equitable Nation
that celebrates diversity in all its forms and promotes the full
inclusion of all individuals in our communities.
By joint resolution approved on October 6, 1964 (Public Law 88-628, as
amended), the Congress designated October 15 of each year as White Cane
Safety Day to recognize the contributions of Americans who are blind or
have low vision.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim October 15, 2009, as White Cane Safety Day.
I call upon all Americans to observe this day with appropriate
ceremonies, activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8440 of October 19, 2009
National Character Counts Week, 2009
By the President of the United States of America
A Proclamation
In communities across America, people are working together to see our
country through challenging times--educating our children, caring for
the sick, and extending a hand to those in need. They remind us that the
true character of our Nation is revealed by the good we do when the
moment is challenging. During National Character Counts Week, we pay
tribute to the men and women who are selflessly serving others,
inspiring and encouraging younger generations to develop the compassion,
dedication, and strength of character that is the mark of our great
Nation.
Instilling sound character and a sense of responsibility in our children
is critical to our country's future. When we teach young people about
time-honored values like integrity and humility, we promote good
citizenship and civic virtues that will guide them through life and
sustain our democracy. Parents play an integral role in cultivating the
character of their children, and they must help them understand the
consequences of poor choices and the rewards of healthy, sound
decisions. Teachers, clergy, local leaders, and countless other
volunteers can also be role models and mentors for America's youth as
they devote their time and energy to serving their communities. The
brave members of our Armed Forces who sacrifice every day for our Nation
are tremendous examples of strong character for us all to follow.
Throughout our history, the pursuit of our highest ideals--hard work,
curiosity, tolerance, and patriotism--has been the quiet force behind
our progress. As Americans, we must hold true to these fundamental
values that have propelled us forward time and again to adapt and lead
in an ever-changing world. National Character Counts week is an
opportunity to recognize the depth of America's character and to honor
those who pass on our values to future generations.
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 October 18 through
October 24, 2009, as National Character Counts Week. I call upon public
officials, educators, parents, students, and all Americans to observe
this week with appropriate ceremonies, activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8441 of October 19, 2009
United Nations Day, 2009
By the President of the United States of America
A Proclamation
The United Nations was created 64 years ago by men and women from every
corner of the world. These architects of international cooperation acted
out of an idealism rooted in the hard-earned lessons of war. They had
the wisdom to understand that nations could do far more to advance their
interests by acting together than by letting themselves be split apart.
The original 51 member nations were united around a commitment to peace,
humanity, and justice.
Today, with 192 member states, the United Nations is the principle forum
for all nations, large and small, to work in concert to meet the global
challenges no nation can confront alone. The U.N. is vital to America's
efforts to create a better, safer world. Through peacekeeping missions
that have saved so many lives and averted so many wars; lifesaving
humanitarian work; critical development activities; and its unique
legitimacy, the U.N. can function as a forum that brings all nations
together.
The U.N. sometimes struggles to live up to its founding ideals, as it
can only be effective if its member states choose to meet their own
responsibilities. At its best, this indispensible, if imperfect,
institution helps to resolve conflicts and rebuild shattered societies;
to lay the foundations of democracy, human rights, and development; and
to establish conditions in which people can live in dignity and mutual
respect. The member states of the U.N. have an obligation to demonstrate
the will and leadership to match the aspirations of all. Now is the time
for all of us to assume our share of responsibility to meet global
challenges.
Committed in our resolve to create a world our people deserve, we look
to the future with confidence. As expressed in the founding values of
the United Nations, we share a common security and are unified by our
common humanity. This truth calls us to work cooperatively with nations
from around the globe in the pursuit of peace, economic prosperity, and
human opportunity.
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 October 24, 2009, as
United Nations Day. I urge the Governors of the 50 States, and the
officials of all other areas under the flag of the United States to
observe United Nations Day with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8442 of October 23, 2009
National Forest Products Week, 2009
By the President of the United States of America
A Proclamation
America's forests have helped spur the growth and development that has
been indispensable to our Nation's success. They have provided timber
and water, as well as habitat for wildlife and opportunities for
recreational activities. As a repository for renewable natural
resources, forests have supplied the raw materials that have sustained
us throughout our history. During National Forest Products Week, we
recognize the value of our woodlands and commit ourselves to good
stewardship and conservation practices that help us to responsibly
manage our Nation's forests.
As a renewable and recyclable resource, wood is one of our Nation's most
environmentally friendly building materials. Wood fiber is used
throughout our daily lives, from the paper we write on to the offices
where we work. We value the beauty of wood in our furniture, in our
homes, and in artwork that surrounds us. Today, modern technology and
stewardship practices by Federal, State, tribal, and private landowners
have improved the way we manage our natural resources so that forests
can meet the needs of current and future generations.
Forests are one of the foundations on which our Nation was formed; they
are the backbone of our environment. This week, we recognize the value
of forest products and the importance of their sustainable use to our
lives.
To recognize the importance of products from our forests, the Congress,
by Public Law 86-753 (36 U.S.C. 123), as amended, has designated the
week beginning on the third Sunday in October of each year as National
Forest Products Week and has authorized and requested the President to
issue a proclamation in observance of this week.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim the week beginning on the third Sunday in
October of each year as National Forest Products Week. I call on all
Americans to celebrate the varied uses and products of our forested
lands, as well as the people who carry on the tradition of careful
stewardship of these precious natural resources for generations to come.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8443 of October 23, 2009
Declaration of a National Emergency With Respect to the 2009 H1N1
Influenza Pandemic
By the President of the United States of America
A Proclamation
On April 26, 2009, the Secretary of Health and Human Services (the
``Secretary'') first declared a public health emergency under section
319 of the Public Health Service Act, 42 U.S.C. 247d, in response to the
2009 H1N1 influenza virus. The Secretary has renewed that declaration
twice, on July 24, 2009, and October 1, 2009. In addition, by rapidly
identifying the virus, implementing public health measures, providing
guidance for health professionals and the general public, and developing
an effective vaccine, we have taken proactive steps to reduce the impact
of the pandemic and protect the health of our citizens. As a Nation, we
have prepared at all levels of government, and as individuals and
communities, taking unprecedented steps to counter the emerging
pandemic. Nevertheless, the 2009 H1N1 pandemic continues to evolve. The
rates of illness continue to rise rapidly within many communities across
the Nation, and the potential exists for the pandemic to overburden
health care resources in some localities. Thus, in recognition of the
continuing progression of the pandemic, and in further preparation as a
Nation, we are taking additional steps to facilitate our response.
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, including sections 201 and 301 of the
National Emergencies Act (50 U.S.C. 1601 et seq.) and consistent with
section 1135 of the Social Security Act (SSA), as amended (42 U.S.C.
1320b-5), do hereby find and proclaim that, given that the rapid
increase in illness across the Nation may overburden health care
resources and that the temporary waiver of certain standard Federal
requirements may be warranted in order to enable U.S. health care
facilities to implement emergency operations plans, the 2009 H1N1
influenza pandemic in the United States constitutes a national
emergency. Accordingly, I hereby declare that the Secretary may exercise
the authority under section 1135 of the SSA to temporarily waive or
modify certain requirements of the Medicare, Medicaid, and State
Children's Health Insurance programs and of the Health Insurance
Portability and Accountability Act Privacy Rule throughout the duration
of the public health emergency declared in response to the 2009 H1N1
influenza pandemic. In exercising this authority, the Secretary shall
provide certification and advance written notice to the Congress as
required by section 1135(d) of the SSA (42 U.S.C. 1320b-5(d)).
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8444 of October 30, 2009
Military Family Month, 2009
By the President of the United States of America
A Proclamation
No one pays a higher price for our freedom than members of our Nation's
military and their families. As sons and daughters, husbands and wives,
and mothers and fathers are deployed, military families endure with
exceptional resilience and courage. They provide our troops with
invaluable encouragement and love, and serve our Nation in their own
right. During Military Family Month, we honor the families of our Armed
Forces and thank them for their dedication to our country.
Though only a small percentage of our Nation's population, our troops
bear the great responsibility of protecting our people. They, along with
their families, serve us every day with courage and dignity. Ensuring
that military families receive the respect they deserve and the support
they have earned is a top priority for my Administration.
The strength of our Nation is measured not just by our success on the
battlefield, but also by our ability to support those families who have
made so many sacrifices for us. Time and again, military families have
shown their heart in the face of adversity. We have a solemn obligation
to ensure that while our men and women in uniform discharge their
duties, we do all we can to promote and preserve the well-being of their
families. We must also support the families of our wounded warriors and
our fallen heroes who have paid the ultimate price for the freedoms we
enjoy.
This month, we celebrate the tremendous contributions of military
families, convey to them our deepest respect and appreciation, and
recommit ourselves to their support.
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 November 2009 as
Military Family Month. I call on all Americans to honor military
families through private actions and public service for the tremendous
contributions they make in the support of our service members and our
Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8445 of October 30, 2009
National Adoption Month, 2009
By the President of the United States of America
A Proclamation
All children deserve a safe, loving family to protect and care for them.
In America, thousands of young people are waiting for that opportunity.
During National Adoption Month, we honor those families that have
strengthened America through adoption, and we recommit to reducing the
number of children awaiting adoption into loving families.
America is a country rich in resources and filled with countless caring
men and women who hope to adopt. These individuals come from all walks
of life, united in their commitment to love a child who is in need of
the protective arms of a parent. We must do more to ensure that adoption
is a viable option for them. By continually opening up the doors to
adoption, and supporting full equality in adoption laws for all American
families, we allow more children to find the permanent homes they yearn
for and deserve.
This month, we also focus on children in foster care. These children are
not in the system by their own choosing, but are forced into it by
unfortunate or tragic circumstances. These young people have specific
needs and require unique support. Federal, State, and local governments,
communities, and individuals all have a role to play in ensuring that
foster children have the resources and encouragement they need to
realize their hopes and dreams.
The course of our future will depend on what we do to help the next
generation of Americans succeed. This month, we celebrate those families
brought together by adoption and renew our commitments to children in
the foster care system.
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 November 2009 as
National Adoption Month. I call upon all Americans to observe this month
by reaching out to support and honor adoptive families, as well as to
participate actively in efforts to find permanent homes for waiting
children.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8446 of October 30, 2009
National Alzheimer's Disease Awareness Month, 2009
By the President of the United States of America
A Proclamation
Every day, millions of American families experience the difficult
reality of Alzheimer's disease. The physical and emotional demands of
caring for a loved one with Alzheimer's can be overwhelming, but no one
should face this disease alone. During National Alzheimer's Disease
Awareness Month, we recognize all those living with Alzheimer's disease
and honor the caregivers, including families and friends, who support
them. We also renew our commitment to research that is improving
treatments for this illness and may one day prevent it entirely.
Alzheimer's disease is an irreversible and progressive brain disorder
that slowly destroys memory and thinking skills. Symptoms usually appear
after age 60, but many scientists now believe damage to the brain may
begin decades earlier. Research conducted and supported by the National
Institutes of Health and the Veterans Health Administration has shed
light on these early effects and identified genetic risk factors for
Alzheimer's. Doctors are now able to start treatments earlier, slowing
the loss of brain cells and the progression of debilitating physical and
mental impairments.
As we seek hope for families struggling with Alzheimer's disease, we
must leave no avenue unexplored. Embryonic stem cells may hold the key
for us to better understand, and possibly cure, some of our most
devastating diseases and conditions. That is why I signed an Executive
Order lifting the ban on Federal funding for embryonic stem cell
research, with proper guidelines and strict oversight to prohibit abuse.
We must continue the urgent work of giving substance to hope for all who
dream of a day when words like ``terminal'' and ``incurable'' are
finally retired from our vocabulary. Until then, we must strive to ease
the burden of every individual struggling to recall a spouse's name;
every parent unable to recognize a child's face; and every family member
or friend who brings them comfort and care.
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 November 2009 as
National Alzheimer's Disease Awareness Month. I call upon the people of
the United States to observe this month with appropriate programs and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8447 of October 30, 2009
National Diabetes Month, 2009
By the President of the United States of America
A Proclamation
Diabetes directly affects the lives of millions of Americans and their
families. While no cure exists, medical advancements are continually
producing new, more effective treatments to control the disease.
Individuals who manage their diabetes properly can lower their risk of
complications and live productive, normal lives. During National
Diabetes Month, we recommit to educating Americans about the warning
signs of diabetes, and help those with the condition to mitigate the
effects of this devastating disease.
The two common forms of diabetes are known as type 1 and type 2. Type 1
diabetes occurs when an individual's immune system destroys insulin-
producing cells. The outlook for those with type 1 diabetes has
dramatically improved in the past few decades due to a host of
innovations. Type 2 diabetes is the most prevalent form of diabetes, and
usually affects individuals age 40 and older, and those who are
overweight, inactive, or have a family history of the disease. Every
day, 10 children in this country are diagnosed with type 2 diabetes--a
staggering statistic that reflects the growing epidemic of obesity in
our country.
Preventive care is the simplest way to avoid diabetes and its
complications. A healthy diet, combined with daily exercise, has been
shown to dramatically reduce incidence of this disease. African
Americans, Latinos, and Native Americans, as well as the elderly, are at
greater risk of developing diabetes over their lifetimes. As a Nation,
we must ensure that all Americans know the warning signs of this
disease, and if diagnosed, have access to affordable, quality medical
care to help control it.
While diabetes is a complex and challenging disease, dedicated
researchers continue to make important discoveries. This month, we honor
those who have made these successes possible, support those who are
battling diabetes, and rededicate ourselves to sustaining Federal
investments in research and education programs that improve the
prevention and treatment of this disease.
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 November 2009 as
National Diabetes Month. I encourage citizens, medical institutions,
Government and social service agencies, businesses, non-profit
organizations, and other interested groups to join in activities that
help prevent, treat, and manage diabetes.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8448 of October 30, 2009
National Family Caregivers Month, 2009
By the President of the United States of America
A Proclamation
The true strength of the American family finds its roots in an
unwavering commitment to care for one another. In difficult times,
Americans come together to ensure our loved ones are comfortable and
safe. Whether caring for a parent, relative, or child, our Nation's
caregivers selflessly devote their time and energy to the well-being of
those they look after. During National Family Caregivers Month, we honor
the individuals providing essential services to family members who could
not otherwise look after themselves.
Caregiver support is at the heart of my Administration's commitment to
assisting our Nation's families. Currently, a variety of programs and
services offer help and encouragement to family caregivers. The National
Family Caregiver Support Program and the Lifespan Respite Care Act
include important resources for caregivers of children and adults, with
opportunities to receive much-needed assistance and take part in support
programs with other families. These programs allow individuals to remain
with their families for as long as possible while helping to ensure the
wellness of participating care providers.
My Administration's dedication to caregivers is also embodied in our
efforts to develop policies to support workers trying to manage their
responsibilities on the job and at home. Families are best able to care
for their loved ones when they can take time away from work without fear
of losing their job or their income. We all have roles to play,
including employers, by providing paid leave, flexible work
arrangements, and other programs when feasible, to help ensure that
caregivers are able to successfully meet their work and household
responsibilities.
Every day, family caregivers assist loved ones with tasks ranging from
personal care and homemaking, to transportation and financial
assistance. As the foundation of America's long-term care system, these
individuals give millions of Americans the peace of mind and security
that only family can provide.
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 November 2009 as
National Family Caregivers Month. I encourage all Americans to pay
tribute and support those who are caring for their family members,
friends, and neighbors in need of assistance.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8449 of October 30, 2009
National Native American Heritage Month, 2009
By the President of the United States of America
A Proclamation
The indigenous peoples of North America--the First Americans--have woven
rich and diverse threads into the tapestry of our Nation's heritage.
Throughout their long history on this great land, they have faced
moments of profound triumph and tragedy alike. During National Native
American Heritage Month, we recognize their many accomplishments,
contributions, and sacrifices, and we pay tribute to their participation
in all aspects of American society.
This month, we celebrate the ancestry and time-honored traditions of
American Indians and Alaska Natives in North America. They have guided
our land stewardship policies, added immeasurably to our cultural
heritage, and demonstrated courage in the face of adversity. From the
American Revolution to combat missions in Iraq and Afghanistan, they
have fought valiantly in defense of our Nation as dedicated servicemen
and women. Their native languages have also played a pivotal role on the
battlefield. During World Wars I and II, Native American code talkers
developed unbreakable codes to communicate military messages that saved
countless lives. Native Americans have distinguished themselves as
inventors, entrepreneurs, spiritual leaders, and scholars. Our debt to
our First Americans is immense, as is our responsibility to ensure their
fair, equal treatment and honor the commitments we made to their
forebears.
The Native American community today faces huge challenges that have been
ignored by our Government for too long. To help address this disparity,
the American Recovery and Reinvestment Act allocates more than $3
billion to help these communities deal with their most pressing needs.
In the Fiscal Year 2010 budget, my Administration has proposed over $17
billion for programs carried out by the Bureau of Indian Affairs, Indian
Health Service, and other Federal agencies that have a critical role to
play in improving the lives of Native Americans. These programs will
increase educational opportunities, address the scourge of alcohol abuse
and domestic violence, promote economic development, and provide access
to comprehensive, accessible, and affordable health care. While funding
increases do not make up for past deficiencies, they do reflect our
determination to honor tribal sovereignty and ensure continued progress
on reservations across America.
As we seek to build on and strengthen our nation-to-nation relationship,
my Administration is committed to ensuring tribal communities have a
meaningful voice in our national policy debates as we confront the
challenges facing all Americans. We will continue this constructive
dialogue at the White House Tribal Nations Conference held in
Washington, D.C., this month. Native American voices have echoed through
the mountains, valleys, and plains of our country for thousands of
years, and it is now our time to listen.
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 November 2009 as
National Native American Heritage Month. I call upon all Americans to
commemorate this month with appropriate programs and activities, and to
celebrate November 27, 2009, as Native American Heritage Day.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8450 of October 30, 2009
Veterans Day, 2009
By the President of the United States of America
A Proclamation
We have a sacred trust with those who wear the uniform of the United
States of America. From the Minutemen who stood watch over Lexington and
Concord to the service members who served in Iraq and Afghanistan,
American veterans deserve our deepest appreciation and respect. Our
Nation's servicemen and women are our best and brightest, enlisting in
times of peace and war, serving with honor under the most difficult
circumstances, and making sacrifices that many of us cannot begin to
imagine. Today, we reflect upon the invaluable contributions of our
country's veterans and reaffirm our commitment to provide them and their
families with the essential support they were promised and have earned.
Caring for our veterans is more than a way of thanking them for their
service. It is an obligation to our fellow citizens who have risked
their lives to defend our freedom.
This selflessness binds our fates with theirs, and recognizing those who
were willing to give their last full measure of devotion for us is a
debt of honor for every American.
We also pay tribute to all who have worn the uniform and continue to
serve their country as civilians. Many veterans act as coaches,
teachers, and mentors in their communities, selflessly volunteering
their time and expertise. They visit schools to tell our Nation's
students of their experiences and help counsel our troops returning from
the theater of war. These men and women possess an unwavering belief in
the idea of America: no matter where you come from, what you look like,
or who your parents are, this is a place where anything is possible. Our
veterans continue to stand up for those timeless American ideals of
liberty, self-determination, and equal opportunity.
On Veterans Day, we honor the heroes we have lost, and we rededicate
ourselves to the next generation of veterans by supporting our Soldiers,
Sailors, Airmen, Marines, and Coast Guardsmen as they return home from
duty. Our grateful Nation must keep our solemn promises to these brave
men and women and their families. They have given their unwavering
devotion to the American people, and we must keep our covenant with
them.
With respect for and in recognition of the contributions our servicemen
and women have made to the cause of peace and freedom around the world,
the Congress has provided (5 U.S.C. 6103(a)) that November 11 of each
year shall be set aside as a legal public holiday to honor our Nation's
veterans.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim November 11, 2009, as Veterans Day. I
encourage all Americans to recognize the valor and sacrifice of our
veterans through appropriate public ceremonies and private prayers. I
call upon Federal, State, and local officials to display the flag of the
United States and to participate in patriotic activities in their
communities. I call on all Americans, including civic and fraternal
organizations, places of worship, schools, and communities to support
this day with commemorative expressions and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
October, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8451 of November 6, 2009
Honoring the Victims of the Tragedy at Fort Hood, Texas
By the President of the United States of America
A Proclamation
Our Nation's thoughts and prayers are with the service members,
civilians, and families affected by the tragic events at Fort Hood,
Texas. The brave victims, who risked their lives to protect their fellow
countrymen, serve as a constant source of strength and inspiration to
all Americans. We ask God to watch over the fallen, the wounded, and all
those who are suffering at this difficult hour.
As a mark of respect honoring the victims of the tragedy at Fort Hood,
Texas, I hereby order, by the authority vested in me by the Constitution
and the laws of the United States of America, 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, Tuesday, November 10, 2009. 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 sixth day of
November, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8452 of November 9, 2009
World Freedom Day, 2009
By the President of the United States of America
A Proclamation
Twenty years ago today, the Wall came down in Berlin and both a country
and a continent came together. After thousands of East Berliners flooded
through checkpoints into West Berlin, border restrictions dissolved
across Eastern Bloc countries. The Iron Curtain that divided Europe for
decades finally fell, ushering in a new era of freedom and cooperation.
On this anniversary, we are reminded that no challenge is too great for
a world united in common purpose.
After the Berlin Wall fell, oppressive regimes across the globe gave
way. From Kiev to Cape Town, prison camps closed and democracy's doors
were unlocked for millions who had known only tyranny. Markets opened
too, spreading information and technology that empowered once-insolvent
nations to achieve prosperity. Twenty years later, our world is more
interconnected than at any time in human history, giving rise to new
opportunities for shared progress.
Today, the barriers that challenge our world are not walls of cement and
iron, but ones of fear, irresponsibility, and indifference. History
reminds us that such walls can be torn down, but where they still exist
we must work with all nations to strengthen civil societies, support
democratic institutions and the rule of law, and promote free and fair
electoral processes. Upholding these principles into the 21st century
will require America's enduring commitment and steady leadership.
From our first days as a Nation, Americans have felt a sense of urgency
and determination to promote liberty and release the potential within
each individual to contribute to the common good. On World Freedom Day,
we celebrate the thriving democracies of Central and Eastern Europe, and
we honor their citizens' right to choose their own destinies and
contribute to their nations' future success.
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 November 9, 2009, as
World Freedom Day. I call upon the people of the United States to
observe this day in fellowship with other nations and people of the
world with appropriate ceremonies and activities, reaffirming our
dedication to freedom and democracy.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
November, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8453 of November 13, 2009
America Recycles Day, 2009
By the President of the United States of America
A Proclamation
Every day, Americans who recycle conserve valuable resources while
reducing our Nation's carbon footprint. The reprocessing of materials is
fundamental to our future prosperity, as recycling helps preserve our
natural environment and sustain our economy. Recycling in the United
States is a $236 billion industry, employing 1.1 million workers
nationwide in 56,000 businesses. On America Recycles Day, we celebrate
the individuals, communities, local governments, and businesses that
recycle their waste and continually think of innovative ways to use
materials that might otherwise be discarded.
Recycling improves our daily lives and helps to protect our planet for
the future. Through recycling, we conserve energy, consume less of our
precious natural resources, decrease the amount of waste deposited in
landfills, and reduce greenhouse gas emissions. Communities across
America also benefit by avoiding the pollution associated with the
extraction of raw materials and their processing into finished products.
If we are to manage materials and products on a life-cycle basis, we
must responsibly use and reuse our resources. Curbside recycling,
electronics collection drives, community composting programs, and other
similar methods contribute to the success of our efforts. Our Nation's
health and prosperity depends on the productive and sustainable use of
our environment. By recommitting ourselves to recycling, we have the
opportunity to secure our long-term success and ensure a bright future
for the next generation of Americans.
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 November 15, 2009, as
America Recycles Day. I call upon the people of the United States to
observe this day with appropriate programs and activities, and I
encourage all Americans to continue their recycling efforts throughout
the year.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of
November, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8454 of November 19, 2009
National Entrepreneurship Week, 2009
By the President of the United States of America
A Proclamation
Throughout our history, American entrepreneurs have been an effective
force for innovation at home and around the world. From the airplane to
the Internet search engine to new tractors, they have pioneered
technologies, products, and processes that have improved lives and
shaped the course of our future. Today, they are fueling our economy
with their creativity, tireless work ethic, and risk-taking spirit.
During National Entrepreneurship Week, we renew our commitment to
supporting American entrepreneurs, including social entrepreneurs, who
are spreading opportunity and prosperity across our Nation.
Entrepreneurs are the engine of job creation in America, generating
millions of good jobs. Many begin with nothing more than a good idea,
and translate new products and services into vibrant businesses. To
secure our Nation's future prosperity, we must ensure that our
entrepreneurs have the tools they need to survive and thrive.
My Administration is working to provide opportunities and conditions for
entrepreneurs to succeed. We are supporting the flow of credit by
increasing loan guarantees and reducing borrowing fees to help more
Americans start businesses. We also made the Research and
Experimentation Tax Credit permanent to help burgeoning companies afford
the high costs of developing new products and technologies. The recently
formed Office of Innovation and Entrepreneurship at the Department of
Commerce is building on these efforts with new policies and initiatives
to unleash creativity and innovation, as well as turn inspired ideas
into new employment-generating businesses.
Our Nation led the world's economies in the 20th century because we led
the world in innovation. To strengthen our position in the 21st century,
we must rededicate ourselves to harnessing the creative spirit that has
made America great.
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 November 16 through
November 22, 2009, as National Entrepreneurship Week. I call upon all
Americans to recognize the important contributions of entrepreneurs to
our economy.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
November, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8455 of November 20, 2009
National Farm-City Week, 2009
By the President of the United States of America
A Proclamation
Our Nation's farm and ranch families supply many of the basic
necessities of our daily life. They manage a large portion of our
country's fertile land base, and they are caretakers of our valuable
natural resources and diverse ecosystems. Their connections with urban
and suburban communities are critical to our economy and to the
nourishment of our people. During National Farm-City Week, we express
gratitude for the contributions of our Nation's farmers and ranchers,
and we rededicate ourselves to providing all Americans with access to
healthy food, and thus, a healthy future.
Pioneered by Native Americans, agriculture was our Nation's first
industry. For agriculture to thrive in the 21st century, we must
continue to cultivate the relationships between farmers and rural
businesses and their partners and customers in cities and towns.
American farmers and ranchers are proud to grow the food, feed, fuel,
and fiber that enhance our national security and prosperity, and remain
steadfast stewards of the land they love. We must ensure that farming is
maintained as an economically, socially, and environmentally sustainable
way of life for future generations.
This Thanksgiving season, we celebrate farms of every size that produce
fruits, vegetables, dairy, and livestock indispensable to the health of
our families. We also recognize the vital ties between our urban and
suburban communities and their local farmers through regional food
systems, farmers markets, and community gardens. During National Farm-
City Week, we celebrate the bounty of America, and we honor the
commitment of those who grow, harvest, and deliver agricultural goods to
feed our country and grow our economy.
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 the week ending on
Thanksgiving Day of each year as National Farm-City Week. I call on
Americans as they gather with their families and friends to reflect on
the accomplishments of all who dedicate their lives to promoting our
Nation's agricultural abundance and environmental stewardship.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
November, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8456 of November 20, 2009
National Family Week, 2009
By the President of the United States of America
A Proclamation
American families are the foundation on which our Nation is built. Their
expressions of unconditional love and dedication sustain family members
and support our Nation's communities. During National Family Week, we
celebrate the inclusive spirit of American families and applaud the
commitment of those family members who encourage us to reach new
heights.
My Administration is committed to helping American families meet the
demands of modern life, increase their self-sufficiency, and achieve
their full potential. Ten days after taking office, I established the
White House Task Force on Middle Class Working Families, led by Vice
President Biden. This Task Force is focused on raising the living
standards of working families across the country. In addition, the
American Recovery and Reinvestment Act provides a broad spectrum of
support to families experiencing difficult times. It boosts child care
and Head Start programs, essential not only to a child's future but also
a parent's peace of mind in the workplace. Health care reform will
provide security and stability for American families with insurance and
affordable options for uninsured Americans.
As we continue to grow as a Nation, we must also be engaged members of
our larger family, composed of our neighbors, our colleagues, and the
community where we live. We must appreciate the diversity of other
families' traditions; we must reach out to help families in need; and we
must take more responsibility for the care and development of all
children, not just our own.
In this season of Thanksgiving, we are grateful that, at our best,
America is a collection of strong families, standing united to make our
Nation a place of hope and opportunity for future generations.
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 November 22 through
November 28, 2009, as National Family Week. I invite States, local
communities, and individuals to join together in observing this week
with appropriate ceremonies and activities to honor our Nation's
families.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
November, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8457 of November 20, 2009
National Child's Day, 2009
By the President of the United States of America
A Proclamation
America's children deserve every opportunity to reach their fullest
potential, and it is our responsibility to ensure they have the tools
required to grow and flourish. This includes providing our young people
with access to affordable, high-quality health care and an education
that both informs and inspires. On National Child's Day, we celebrate
the promise living within every child.
Ensuring the health and well-being of our Nation's children is one of
our highest responsibilities. I was proud to sign the reauthorization of
the Children's Health Insurance Program (CHIP), extending health care to
millions of young Americans who were previously uninsured. When given
proper nutrition and medical care, healthy children can become
productive, healthy adults.
My Administration is also committed to giving our children the
educational support necessary for their development and future success.
That is why we announced our Race to the Top award program, which
challenges States to compete for over $4 billion in grants designed to
spur systemic reform and embrace innovative approaches to teaching and
learning in America's schools. If we are willing to come together and
embrace a spirit of common purpose, our schools will perform better and
our students will reach farther.
Across America, countless individuals selflessly provide their time and
energy in our homes, schools, and community organizations to ensure our
sons and daughters may one day realize their dreams. Today, we recommit
ourselves to the vision of our founders to give all our children a fair
chance and an equal start in life.
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 November 22, 2009, as
National Child's Day. I call upon all citizens to observe this day with
appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
November, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8458 of November 20, 2009
Thanksgiving Day, 2009
By the President of the United States of America
A Proclamation
What began as a harvest celebration between European settlers and
indigenous communities nearly four centuries ago has become our
cherished tradition of Thanksgiving. This day's roots are intertwined
with those of our Nation, and its history traces the American narrative.
Today, we recall President George Washington, who proclaimed our first
national day of public thanksgiving to be observed ``by acknowledging
with grateful hearts the many and signal favors of Almighty God,'' and
President Abraham Lincoln, who established our annual Thanksgiving Day
to help mend a fractured Nation in the midst of civil war. We also
recognize the contributions of Native Americans, who helped the early
colonists survive their first harsh winter and continue to strengthen
our Nation. From our earliest days of independence, and in times of
tragedy and triumph, Americans have come together to celebrate
Thanksgiving.
As Americans, we hail from every part of the world. While we observe
traditions from every culture, Thanksgiving Day is a unique national
tradition we all share. Its spirit binds us together as one people, each
of us thankful for our common blessings.
As we gather once again among loved ones, let us also reach out to our
neighbors and fellow citizens in need of a helping hand. This is a time
for us to renew our bonds with one another, and we can fulfill that
commitment by serving our communities and our Nation throughout the
year. In doing so, we pay tribute to our country's men and women in
uniform who set an example of service that inspires us all. Let us be
guided by the legacy of those who have fought for the freedoms for which
we give thanks, and be worthy heirs to the noble tradition of goodwill
shown on this day.
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 Thursday, November 26,
2009, as a National Day of Thanksgiving. I encourage all the people of
the United States to come together, whether in our homes, places of
worship, community centers, or any place where family, friends and
neighbors may gather, with gratitude for all we have received in the
past year; to express appreciation to those whose lives enrich our own;
and to share our bounty with others.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
November, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8459 of November 25, 2009
World AIDS Day, 2009
By the President of the United States of America
A Proclamation
Our Nation joins the world in celebrating the extraordinary advancements
we have made in the battle against HIV and AIDS, and remembering those
we have lost. Over the past three decades, brave men and women have
fought devastating discrimination, stigma, doubt, and violence as they
stood in the face of this deadly disease. Many of them would not be here
today, but for the dedication of other persons living with HIV, their
loved ones and families, community advocates, and members of the medical
profession. On World AIDS Day, we rededicate ourselves to developing a
national AIDS strategy that will establish the priorities necessary to
combat this devastating epidemic at home, and to renewing our leadership
role and commitments abroad.
Though we have been witness to incredible progress, our struggle against
HIV/AIDS is far from over. With an infection occurring every nine-and-a-
half minutes in America, there are more than one million individuals
estimated to be living with the disease in our country. Of those
currently infected, one in five does not know they have the condition,
and the majority of new infections are spread by people who are unaware
of their own status. HIV/AIDS does not discriminate as it infiltrates
neighborhoods and communities. Americans of any gender, age, ethnicity,
income, or sexual orientation can and are contracting the disease.
Globally, there are over 33 million people living with HIV. While
millions have died from this disease, the death rate is slowly declining
due, in part, to our Nation's global effort through the President's
Emergency Plan for AIDS Relief (PEPFAR) program. However, HIV remains a
leading cause of death worldwide. Women and children around the world
are particularly vulnerable due to gender inequalities, gaps in access
to services, and increases in sexual violence. While the statistics are
distressing, new medications and scientific advancements give us reason
for hope.
Tackling this disease will take an aggressive, steadfast approach. My
Administration is developing a national HIV/AIDS strategy to bolster our
response to the domestic epidemic, and a global health initiative that
will build on PEPFAR's success. We will develop a strategy to reduce HIV
incidence, improve access to care, and help eliminate HIV-related health
disparities. We have already ensured that visitors to our shores living
with HIV are not marginalized and discriminated against because of their
HIV status. We have also secured the continuation of critical HIV/AIDS
care and treatment services. Today, we recommit ourselves to building on
the accomplishments of the past decades that have dramatically changed
the domestic and global HIV/AIDS landscape.
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 December 1, 2009, as
World AIDS Day. I urge the Governors of the States and the territories
subject to the jurisdiction of the United States, and the American
people to join in appropriate activities to remember those who have lost
their lives to AIDS, and to provide support and comfort to those living
with this disease.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
November, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8460 of December 2, 2009
Critical Infrastructure Protection Month, 2009
By the President of the United States of America
A Proclamation
Critical infrastructure protection is an essential element of a
resilient and secure nation. Critical infrastructure are the assets,
systems, and networks, whether physical or virtual, so vital to the
United States that their incapacitation or destruction would have a
debilitating effect on security, national economic security, public
health or safety. From water systems to computer networks, power grids
to cellular phone towers, risks to critical infrastructure can result
from a complex combination of threats and hazards, including terrorist
attacks, accidents, and natural disasters. During Critical
Infrastructure Protection Month, we pledge to work together to shelter
our communities from the harm of uncertain threats.
My Administration is committed to ensuring our country's essential
resources are safe and capable of recovering from disruptive incidents.
The Department of Homeland Security is leading a coordinated national
program to reduce risks and improve our national preparedness, timely
response, and rapid recovery in the event of an attack, natural
disaster, or other emergency. The Department, in collaboration with
other Federal stakeholders, State, local, and tribal governments, and
private sector partners, has developed the National Infrastructure
Protection Plan (NIPP) to establish a framework for securing our
resources and maintaining their resilience from all hazards during an
event or emergency.
During Critical Infrastructure Protection Month, we rededicate ourselves
to safeguarding and strengthening our Nation's infrastructure.
Additionally, members of the public and private sectors should work with
their appropriate State, regional, and local authorities to engage in
critical infrastructure protection activities being coordinated across
the country. Americans can learn more about the NIPP and its partnership
framework by visiting: www.dhs.gov/criticalinfrastructure.
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 December 2009 as
Critical Infrastructure Protection Month. I call upon the people of the
United States to recognize the importance of partnering to protect our
Nation's resources and to observe this month with appropriate events and
training to enhance our national security and resilience.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
December, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8461 of December 2, 2009
National Impaired Driving Prevention Month, 2009
By the President of the United States of America
A Proclamation
Every day, people put themselves and their fellow Americans in danger on
our Nation's roadways when they drive after consuming alcohol or after
using legal and illegal drugs. During this holiday season, we must all
be especially vigilant in protecting our families, friends, and
neighbors from drivers who are under the influence of drugs or alcohol.
Although we have succeeded in decreasing the number of drunk drivers in
recent years, we have seen a disturbing increase in Americans driving
under the influence of drugs.
Operating a vehicle under the influence of drugs poses the same risks as
drunk driving, and we must do more to stop this growing epidemic.
Families, businesses, community organizations, and faith-based groups
can promote substance abuse prevention as well as alternative sources of
transportation for those under the influence of drugs or alcohol. Each
of us can save lives in our own communities by encouraging our fellow
citizens to drive responsibly.
My Administration is working hard to prevent impaired driving. The
Department of Transportation's National Highway Traffic Safety
Administration is again sponsoring the campaign known as ``Drunk
Driving. Over the Limit. Under Arrest.'' This effort involves thousands
of law enforcement agencies across America. Police will expand their
efforts during the high-risk travel period between December 16, 2009,
and January 3, 2010 to ensure that impaired drivers are stopped and
arrested.
During National Impaired Driving Prevention Month, we are reminded of
the importance of driving free from the influence of alcohol and drugs,
and we renew our commitment to preventing the senseless loss of life
that too often results from this irresponsible behavior. By working
together, we can make our Nation's roadways safer for all Americans.
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 December 2009 as
National Impaired Driving Prevention Month. I urge all Americans to make
responsible decisions and take appropriate measures to prevent impaired
driving.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
December, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8462 of December 2, 2009
International Day of Persons With Disabilities, 2009
By the President of the United States of America
A Proclamation
This year, in an effort to renew our global commitment to human rights
and fundamental freedoms for persons with disabilities, the United
States became a proud signatory of the United Nations Convention on the
Rights of Persons with Disabilities. This treaty represents a paradigm
shift, urging equal protection and benefits for all citizens, and
reaffirming the inherent dignity and independence of the 650 million
people living with disabilities worldwide. Today, as we commemorate the
International Day of Persons with Disabilities, we celebrate the skills,
achievements, and contributions of persons with disabilities in America
and around the world. We recognize the progress we have made toward
equality for all, and we rededicate ourselves to ensuring individuals
with disabilities can reach their greatest potential.
Despite our increased efforts, persons with disabilities continue to
face barriers to their full participation in society. In the United
States, Americans with disabilities still experience discrimination in
the workplace and in their communities. In developing nations, 90
percent of children with disabilities do not attend school, and women
and girls with disabilities are all too often subjected to deep
discrimination. If we are to move forward as a people, both at home and
abroad, all individuals must be fully integrated into our human family.
The International Day of Persons with Disabilities is a time to renew
our commitment to the principles of empowerment, dignity, and equality.
The United States has co-sponsored and joined consensus on the United
Nations General Assembly Third Committee's resolution titled,
``Realizing the Millennium Development Goals for Persons with
Disabilities.'' We must continue to embrace diversity and reject
discrimination in all its forms, and insist on equality of opportunity
and accessibility for all. Let our efforts remind us that when we work
together, we can build a world free of unnecessary barriers and include
every member of our international community.
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 December 3, 2009, as
International Day of Persons with Disabilities. I call on all Americans
to observe this day with appropriate ceremonies, activities, and
programs.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
December, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8463 of December 4, 2009
National Pearl Harbor Remembrance Day, 2009
By the President of the United States of America
A Proclamation
President Franklin D. Roosevelt declared December 7, 1941, a ``date
which will live in infamy.'' With over 3,500 Americans killed or
wounded, the surprise attack by the Imperial Japanese on Pearl Harbor
was an attempt to break the American will and destroy our Pacific Fleet.
They succeeded in doing neither. On National Pearl Harbor Remembrance
Day, we pay tribute to the brave men and women who made the ultimate
sacrifice for our country, and we honor all those who selflessly served
our Nation at home and abroad during World War II.
On a tranquil Sunday morning, as war raged around the globe, the attack
on Pearl Harbor effectively ended American isolation--thrusting our
Nation into action. Japanese airplanes had launched an unprovoked
assault on our military with immense firepower, and our service members
valiantly answered the call. They defended their positions, fought back
against the attackers, and cared for the wounded. In that darkest hour,
men and women who had considered themselves ordinary found within
themselves the ability to do something extraordinary. And in the months
and years that followed, Americans all across the country would respond
to Pearl Harbor with firm resolve, many joining our Armed Forces to
defend our shores and our freedom.
This courage is not uncommon in the story of America--a story of heroes
whose sacrifice and valor speak to their love of comrades and country;
and whose goodness guides our quest for lasting peace. Today, and every
day, we draw strength from the moment when the best among us defended an
island and a Nation from the onslaught of tyranny, and forever altered
the course of our history.
The Congress, by Public Law 103-308, as amended, has designated December
7 of each year as ``National Pearl Harbor Remembrance Day.''
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim Monday, December 7, 2009, as National Pearl
Harbor Remembrance Day. I encourage all Americans to observe this solemn
day of remembrance with appropriate ceremonies and activities. I urge
all Federal agencies and interested organizations, groups, and
individuals to fly the flag of the United States at half-staff this
December 7 in honor of those American patriots who died as a result of
their service at Pearl Harbor.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
December, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8464 of December 9, 2009
Human Rights Day, Bill of Rights Day, And Human Rights Week, 2009
By the President of the United States of America
A Proclamation
More than 60 years ago, the United Nations General Assembly approved the
Universal Declaration of Human Rights, declaring the ``inherent
dignity'' and ``equal and inalienable rights'' of all human beings as
the ``foundation of freedom, justice and peace in the world.'' This
self-evident truth guides us today. Although every country and culture
is unique, certain rights are universal: the freedom of people--
including women and ethnic and religious minorities--to live as they
choose, speak their minds, organize peacefully and have a say in how
they are governed, with confidence in the rule of law. History shows
that countries that protect these rights are ultimately more stable,
secure, and successful.
In the United States, these fundamental rights are the core of our
Declaration of Independence, our Constitution, and our Bill of Rights.
They are the values that define us as a people, the ideals that
challenge us to perfect our union, and the liberties that generations of
Americans have fought to preserve at home and abroad. Indeed, fidelity
to our fundamental values is one of America's greatest strengths and the
reason we stand in solidarity with those who seek these rights, wherever
they live.
Human Rights Day, Bill of Rights Day, and Human Rights Week must be our
call to action. As Americans, we must keep striving to live up to our
founding ideals. As a Nation, the United States will always side with
the innocent whose rights are denied, the oppressed who yearn for
equality, and all those around the world who strive for freedom. As
members of what President Franklin Roosevelt called ``the human
community,'' we will never waver in our pursuit of the rights, dignity,
and security of every human being.
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 December 10, 2009, as
Human Rights Day; December 15, 2009, as Bill of Rights Day; and the week
beginning December 10, 2009, as Human Rights Week. I call upon the
people of the United States to mark these observances with appropriate
ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
December, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8465 of December 15, 2009
65th Anniversary of the Battle of the Bulge, 2009
By the President of the United States of America
A Proclamation
In December 1944, a brave band of American soldiers, stationed in the
Ardennes Forest region on the Western Front of Europe, who were
surrounded, poorly supplied and surviving in brutally cold conditions,
took the brunt of a furious German assault. Their valor defined not just
the beginning of the end of a World War, but also one of the greatest
generations of Americans. Like patriots before them, they stood
resolute, confident in their training, and determined to preserve those
enduring American ideals of freedom and justice. On the 65th Anniversary
of the Battle of the Bulge, a grateful Nation remembers the fallen who
gave their lives in that critical battle, and we pay tribute to the
heroes whose indomitable strength led to victory in World War II.
When asked about the Battle of the Bulge, British Prime Minister Sir
Winston Churchill remarked, ``This is undoubtedly the greatest American
battle of the war and will, I believe, be regarded as an ever-famous
American victory.'' Confronting not just the advancing German Army, but
the elements, American service members withstood the assault and
eventually repelled the Nazi forces, but at tremendous cost in lives and
wounded soldiers.
On this anniversary, we reflect on the enduring commitment of our Armed
Forces in defending our liberty, as inspiring today as it was in 1944.
The discipline and courage displayed in the Battle of the Bulge
continues in Iraq, Afghanistan, and wherever our men and women in
uniform are serving. They represent the best of our Nation and we are
eternally grateful for their service and sacrifice.
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 Wednesday, December
16, 2009, as the 65th Anniversary of the Battle of the Bulge. I
encourage all Americans to observe this solemn day of remembrance with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
December, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8466 of December 16, 2009
Wright Brothers Day, 2009
By the President of the United States of America
A Proclamation
For 12 seconds on December 17, 1903, a wooden aircraft took to the skies
above Kitty Hawk, North Carolina, lifting two brothers from Dayton,
Ohio, to their place in history. Their singular triumph triggered a
revolution in transportation that would bridge the vast distances
between continents and forever alter our world. Today, we honor the
enduring American spirit of creativity and innovation that made the
Wright Brothers' maiden flight possible.
Self-taught and financed by the proceeds of their bicycle shop, the
Wright Brothers' success embodies our Nation's proud tradition of
entrepreneurship. In pursuit of the ageless dream of controlled flight,
they persevered through great challenges. Early design failures, a
skeptical public, and the sheer danger of their endeavors often tempted
the brothers to quit, but they forged ahead with firm resolve and bold
experimentation to complete their ascent to greatness.
In these challenging times, the story of Orville and Wilbur Wright
reminds us of what can be accomplished when imagination is joined with
tenacity. Their spirit lives on in every garage and basement workshop
where American innovators still tinker, invent, and discover. The next
Wright Brothers are among us today, working tirelessly toward a
breakthrough that will spark a new industry and improve countless lives.
We must do all we can to support our Nation's entrepreneurs. As we work
toward a bright future powered by cutting-edge ideas and new
technologies, we celebrate this day by looking back to the Wright
Brothers, whose achievements affirm the limitless potential of American
ingenuity.
The Congress, by a joint resolution approved December 17, 1963, as
amended (77 Stat. 402; 36 U.S.C. 143), has designated December 17 of
each year as ``Wright Brothers Day'' and has authorized and requested
the President to issue annually a proclamation inviting the people of
the United States to observe that day with appropriate ceremonies and
activities.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, do hereby proclaim December 17, 2009, as Wright Brothers Day.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
December, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8467 of December 23, 2009
To Modify Duty-Free Treatment Under the Generalized System of
Preferences, and for Other Purposes
By the President of the United States of America
A Proclamation
1. Sections 501(1) and (4) of the Trade Act of 1974, as amended (the
``1974 Act'') (19 U.S.C. 2461(1) and (4)), provide that, in affording
duty-free treatment under the Generalized System of Preferences (GSP),
the President shall have due regard for, among other factors, the effect
such action will have on furthering the economic development of a
beneficiary developing country and the extent of the beneficiary
developing country's competitiveness with respect to eligible articles.
Section 502(c)(2) of the 1974 Act (19 U.S.C. 2462(c)(2)) provides that,
in determining whether to designate any country as a beneficiary
developing country for purposes of the GSP, the President shall take
into account various factors, including the country's level of economic
development, the country's per capita gross national product, the living
standards of its inhabitants, and any other economic factors he deems
appropriate. Section 502(d) of the 1974 Act (19 U.S.C. 2462(d))
authorizes the President to withdraw, suspend, or limit the application
of duty-free treatment under the GSP with respect to any country after
considering the factors set forth in sections 501 and 502(c) of the 1974
Act. Section 502(f)(2) of the 1974 Act (19 U.S.C. 2462(f)(2)) requires
the President to notify the Congress and the affected country, at least
60 days before termination, of the President's intention to terminate
the affected country's designation as a beneficiary developing country
for purposes of the GSP.
2. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e)) provides that the
President shall terminate the designation of a country as a beneficiary
developing country if the President determines that such country has
become a ``high income'' country as defined by the official statistics
of the International Bank for Reconstruction and Development.
Termination is effective on January 1 of the second year following the
year in which such determination is made.
3. Pursuant to section 502(e) of the 1974 Act, I have determined that
Croatia has become a ``high income'' country, and I am terminating the
designation of that country as a beneficiary developing country for
purposes of the GSP, effective January 1, 2011.
4. Pursuant to section 502(e) of the 1974 Act, I have determined that
Equatorial Guinea has become a ``high income'' country, and I am
terminating the designation of that country as a beneficiary developing
country for purposes of the GSP, effective January 1, 2011.
5. Section 502(a)(2) (19 U.S.C. 2462(a)(2)) of the 1974 Act provides
that the President may designate any beneficiary developing country as a
least-developed beneficiary developing country for purposes of the GSP,
based on the considerations in sections 501 and 502(c) of the 1974 Act
(19 U.S.C. 2461 and 19 U.S.C. 2462(c)).
6. Pursuant to section 502(d)(1) of the 1974 Act, and having considered
the factors set forth in sections 501 and 502(c) of the 1974 Act, I have
determined that Cape Verde should be removed from the list of least-
developed beneficiary countries.
7. In Proclamation 8272 of June 30, 2008, the President determined that
Trinidad and Tobago had become a ``high income'' country, and the
designation of Trinidad and Tobago as a beneficiary developing country
for purposes of the GSP shall be terminated, effective January 1, 2010.
I have determined that technical rectifications should be made to the
Harmonized Tariff Schedule of the United States (HTS) to reflect that
determination.
8. Pursuant to sections 501 and 502(a)(1) of the 1974 Act, the President
is authorized to designate countries as beneficiary developing countries
for purposes of the GSP and to provide duty-free treatment for eligible
articles from beneficiary developing counties.
9. In Proclamation 6813 of July 28, 1995, the President suspended the
designation of the Republic of Maldives (Maldives) as a beneficiary
developing country under the GSP.
10. Pursuant to sections 501 and 502(a) of the 1974 Act, and taking into
account the factors set forth in sections 501 and 502(c), I have
determined that it is appropriate to terminate the suspension of
preferential treatment under the GSP for articles that are currently
eligible for such treatment and that are imported from Maldives and to
redesignate Maldives as a beneficiary developing country for purposes of
the GSP.
11. On April 22, 1985, the United States and Israel entered into the
Agreement on the Establishment of a Free Trade Area between the
Government of the United States of America and the Government of Israel
(the ``USIFTA''), which the Congress approved in the United States-
Israel Free Trade Area Implementation Act of 1985 (the ``USIFTA Act'')
(19 U.S.C. 2112 note).
12. Section 4(b) of the USIFTA Act provides that, whenever the President
determines that it is necessary to maintain the general level of
reciprocal and mutually advantageous concessions with respect to Israel
provided for by the USIFTA, the President may proclaim such withdrawal,
suspension, modification, or continuance of any duty, or such
continuance of existing duty-free or excise treatment, or such
additional duties as the President determines to be required or
appropriate to carry out the USIFTA.
13. In order to maintain the general level of reciprocal and mutually
advantageous concessions with respect to agricultural trade with Israel,
on July 27, 2004, the United States entered into an agreement with
Israel concerning certain aspects of trade in agricultural products
during the period January 1, 2004, through December 31, 2008 (the ``2004
Agreement'').
14. In Presidential Proclamation 7826 of October 4, 2004, consistent
with the 2004 Agreement, the President determined, pursuant to section
4(b) of the USIFTA Act, that it was necessary in order to maintain the
general level of reciprocal and mutually advantageous concessions with
respect to Israel provided for by the USIFTA, to provide duty-free
access into the United States through December 31, 2008, for specified
quantities of certain agricultural products of Israel.
15. On December 10, 2008, the United States entered into an agreement
with Israel to extend the period that the 2004 Agreement is in force
through December 31, 2009, to allow additional time for the two
governments to conclude an agreement to replace the 2004 Agreement.
16. In Presidential Proclamation 8334 of December 31, 2008, the
President determined that it was necessary in order to maintain the
general level of reciprocal and mutually advantageous concessions with
respect to Israel provided for by the USIFTA to extend such duty-free
treatment through December 31, 2009. In Proclamation 8334, the President
modified the HTS to provide duty-free access into the United States
through December 31, 2009, for specified quantities of certain
agricultural products of Israel. In Proclamation 8405 of August 31,
2009, I further modified the HTS to provide the intended tariff
treatment.
17. On December 6, 2009, the United States entered into a further
agreement with Israel to extend the period that the 2004 Agreement is in
force through December 31, 2010, to allow for further negotiations on an
agreement to replace the 2004 Agreement.
18. Pursuant to section 4(b) of the USIFTA Act, I have determined that
it is necessary, in order to maintain the general level of reciprocal
and mutually advantageous concessions with respect to Israel provided
for by the USIFTA, to provide duty-free access into the United States
through the close of December 31, 2010, for specified quantities of
certain agricultural products of Israel.
19. Presidential Proclamation 6641 of December 15, 1993, implemented the
North American Free Trade Agreement (NAFTA) with respect to the United
States and, pursuant to the North American Free Trade Agreement
Implementation Act (the ``NAFTA Implementation Act'') (Public Law 103-
182), incorporated in the HTS the schedule of duty reductions and rules
of origin necessary or appropriate to carry out the NAFTA.
20. Section 202 of the NAFTA Implementation Act (19 U.S.C. 3332)
provides rules for determining whether goods imported into the United
States originate in the territory of a NAFTA party and thus are eligible
for the tariff and other treatment contemplated under the NAFTA.
21. Presidential Proclamation 8405 of August 31, 2009, modified the HTS
to provide for modifications to the rules of origin under the NAFTA. I
have determined that technical corrections to the HTS are necessary to
provide for the intended rules of origin.
22. Presidential Proclamation 7747 of December 30, 2003, implemented the
United States-Singapore Free Trade Agreement (USSFTA) with respect to
the United States, including certain rules for determining whether a
good is an originating good for the purposes of implementing tariff
treatment under the USSFTA. I have determined that certain rules of
origin under the USSFTA were inadvertently deleted in the HTS and that
technical rectifications to the HTS are necessary to restore the
intended rules of origin.
23. Presidential Proclamation 7746 of December 30, 2003, implemented the
United States-Chile Free Trade Agreement (USCFTA) with respect to the
United States, including certain rules for determining whether a good is
an originating good for the purposes of implementing tariff treatment
under the USCFTA. I have determined that technical corrections to the
HTS are necessary to provide for the intended rules of origin.
24. Presidential Proclamations 7987 of February 28, 2006; 7991 of March
24, 2006; 7996 of March 31, 2006; 8034 of June 30, 2006; 8111 of
February 28, 2007; and 8331 of December 23, 2008, implemented the
Dominican Republic-Central America-United States Free Trade Agreement
(CAFTA-DR) with respect to the United States, including certain rules
for determining whether a good is an originating good for the purposes
of implementing tariff treatment under the CAFTA-DR. Section
203(f)(3)(A)(ii) of the Dominican Republic-Central America-United States
Free Trade Agreement Implementation Act (the ``CAFTA-DR Act'') (19
U.S.C. 4033) provides rules of origin for certain yarns described in
section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act (19
U.S.C. 3203(b)(3)(B)(vi)(IV)) (as in effect on the date of enactment of
the CAFTA-DR Act).
25. Presidential Proclamations 8097 of December 29, 2006, and 8240 of
April 17, 2008, modified the HTS pursuant to section 1206(a) of the
Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3006(a)) to
conform it to amendments in the International Convention on the
Harmonized Commodity Description and Coding System (the ``Convention'').
They contained certain modifications that affected the rules of origin
under the Andean Trade Preference Act. Modifications to the HTS are
necessary to conform the rules of origin for certain yarns described in
section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act to the
Convention. I have determined that additional conforming changes to the
HTS are necessary to provide for the intended rules of origin under the
CAFTA-DR.
26. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the
President to embody in the HTS the substance of the relevant provisions
of that Act, and of other Acts affecting import treatment, and actions
thereunder, including the removal, modification, continuance, or
imposition of any rate of duty or other import restriction.
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 of America, including but not limited to
title V and section 604 of the 1974 Act and section 4 of the USIFTA Act,
do proclaim that:
(1) The designation of Croatia as a beneficiary developing country for
purposes of the GSP is terminated, effective on January 1, 2011.
(2) In order to reflect this termination in the HTS, general note 4(a)
of the HTS is modified by deleting ``Croatia'' from the list of
independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2011.
(3) The designation of Equatorial Guinea as a beneficiary developing
country for purposes of the GSP is terminated, effective on January 1,
2011.
(4) In order to reflect this termination in the HTS, general note 4(a)
of the HTS is modified by deleting ``Equatorial Guinea'' from the list
of independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2011.
General note 4(b)(i) of the HTS is modified by deleting ``Equatorial
Guinea'' from the list of least-developed beneficiary developing
countries, effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after January 1, 2011.
(5) In order to reflect in the HTS the termination of the designation of
Cape Verde as a least-developed beneficiary developing country for
purposes of the GSP, general note 4(b)(i) of the HTS is modified by
deleting ``Cape Verde'' from the list of least-developed beneficiary
developing countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2010.
(6) In order to reflect in the HTS the termination of the designation of
Trinidad and Tobago as a beneficiary developing country for purposes of
the GSP, general note 4(d) and general note 4(a) to the HTS, and the
Rate of Duty 1-Special subcolumn for HTS subheading 7411.21.50, are
modified as set forth in Annex I to this proclamation.
(7) In order to reflect in the HTS the redesignation of Maldives as a
beneficiary developing country under the GSP, general note 4(a) is
modified by adding in alphabetical order ``Maldives'' to the list of
``Independent Countries'' and by adding in alphabetical order
``Maldives'' to the list of ``Member Countries of the South Asian
Association for Regional Cooperation (SAARC).''
(8) In order to make technical corrections and rectifications necessary
to provide the intended rules of origin under the NAFTA, the USSFTA, and
the USCFTA, the HTS is modified as set forth in Annex II to this
proclamation.
(9) In order to reflect modifications to the HTS made to conform the
rules of origin for certain yarns described in section
204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act to the
Convention, general note 29 of the HTS is modified as set forth in Annex
II to this proclamation.
(10) The modifications to the HTS set forth in Annexes I and II to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the dates set
forth in the respective annex.
(11) In order to implement U.S. tariff commitments under the 2004
Agreement through December 31, 2010, the HTS is modified as provided in
Annex III to this proclamation.
(12)(a) The modifications to the HTS made by Annex III to this
proclamation shall be effective with respect to goods that are the
product of Israel and are entered, or withdrawn from warehouse for
consumption, on or after January 1, 2010.
(b) The provisions of subchapter VIII of chapter 99 of the HTS, as
modified by Annex III to this proclamation, shall continue in effect
through December 31, 2010.
(13) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
December, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
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Proclamation 8468 of December 23, 2009
To Take Certain Actions Under the African Growth and Opportunity Act
By the President of the United States of America
A Proclamation
1. Section 506A(a)(1) of the Trade Act of 1974, as amended (the ``1974
Act'') (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the
African Growth and Opportunity Act (title I of Public Law 106-200)
(AGOA), authorizes the President to designate a country listed in
section 107 of the AGOA (19 U.S.C. 3706) as a ``beneficiary sub-Saharan
African country'' if the President determines that the country meets the
eligibility requirements set forth in section 104 of the AGOA (19 U.S.C.
3703), as well as the eligibility criteria set forth in section 502 of
the 1974 Act (19 U.S.C. 2462).
2. Section 104 of the AGOA authorizes the President to designate a
country listed in section 107 of the AGOA as an ``eligible sub-Saharan
African country'' if the President determines that the country meets
certain eligibility requirements.
3. Section 112(c) of the AGOA, as added in section 6002 of the Africa
Investment Incentive Act of 2006 (Division D, title VI of Public Law
109-432) (19 U.S.C. 3721(c)), provides special rules for certain apparel
articles imported from ``lesser developed beneficiary sub-Saharan
African countries.''
4. In Proclamation 7350 of October 2, 2000, President Clinton designated
the Republic of Guinea (Guinea), the Republic of Madagascar
(Madagascar), and the Republic of Niger (Niger) as beneficiary sub-
Saharan African countries pursuant to section 506A(a) of the 1974 Act
and provided that they would be considered lesser developed beneficiary
sub-Saharan African countries for purposes of section 112(b)(3)(B)
(subsequently redesignated as section 112(c)) of the AGOA.
5. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) authorizes
the President to terminate the designation of a country as a beneficiary
sub-Saharan African country for purposes of section 506A if he
determines that the country is not making continual progress in meeting
the requirements described in section 506A(a)(1) of the 1974 Act.
6. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the
1974 Act, I have determined that the Islamic Republic of Mauritania
(Mauritania) meets the eligibility requirements set forth or referenced
therein, and I have decided to designate Mauritania as an eligible sub-
Saharan African country and as a beneficiary sub-Saharan African
country.
7. Mauritania satisfies the criterion for treatment as a ``lesser
developed beneficiary sub-Saharan African country'' under section 112(c)
of the AGOA.
8. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined
that Guinea, Madagascar, and Niger are not making continual progress in
meeting the requirements described in section 506A(a)(1) of the 1974
Act. Accordingly, I have decided to terminate the designations of
Guinea, Madagascar, and Niger as beneficiary sub-Saharan African
countries for purposes of section 506A of the 1974 Act, effective on
January 1, 2010.
9. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, authorizes
the President to embody in the Harmonized Tariff Schedule of the United
States (HTS) the substance of relevant provisions of that Act, or other
acts affecting import treatment, and actions taken thereunder.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
section 104 of the AGOA (19 U.S.C. 3703), and title V and section 604 of
the 1974 Act (19 U.S.C. 2461-67, 2483), do proclaim that:
(1) Mauritania is designated as an eligible sub-Saharan African country
and as a beneficiary sub-Saharan African country.
(2) In order to reflect this designation in the HTS, general note 16(a)
to the HTS is modified by inserting in alphabetical sequence in the list
of beneficiary sub-Saharan African countries ``Islamic Republic of
Mauritania.''
(3) For purposes of section 112(c) of the AGOA, Mauritania is a lesser
developed beneficiary sub-Saharan African country.
(4) The designations of Guinea, Madagascar, and Niger as beneficiary
sub-Saharan African countries for purposes of section 506A of the 1974
Act are terminated, effective on January 1, 2010.
(5) In order to reflect in the HTS that beginning on January 1, 2010,
Guinea, Madagascar, and Niger shall no longer be designated as
beneficiary sub-Saharan African countries, general note 16(a) to the HTS
is modified by deleting ``Republic of Guinea,'' ``Republic of
Madagascar,'' and ``Republic of Niger'' from the list of beneficiary
sub-Saharan African countries.
Further, note 2(d) to subchapter XIX of chapter 98 of the HTS is
modified by deleting ``Republic of Guinea,'' ``Republic of Madagascar,''
and ``Republic of Niger'' from the list of lesser developed beneficiary
sub-Saharan African countries.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
December, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
Proclamation 8469 of December 31, 2009
40th Anniversary of the National Environmental Policy Act, 2010
By the President of the United States of America
A Proclamation
Forty years ago, the National Environmental Policy Act (NEPA) was signed
into law with overwhelming bipartisan support, ushering in a new era of
environmental awareness and citizen participation in government. NEPA
elevated the role of environmental considerations in proposed Federal
agency actions, and it remains the cornerstone of our Nation's modern
environmental protections. On this anniversary, we celebrate this
milestone in our Nation's rich history of conservation, and we renew our
commitment to preserve our environment for the next generation.
NEPA was enacted to ``prevent or eliminate damage to the environment and
biosphere and stimulate the health and welfare of man.'' It established
concrete objectives for Federal agencies to enforce these principles,
while emphasizing public involvement to give all Americans a role in
protecting our environment. It also created the Council on Environmental
Quality to lead our Government's conservation efforts and serve as the
President's environmental advisor.
America's economic health and prosperity are inexorably linked to the
productive and sustainable use of our environment. That is why NEPA
remains a vital tool for my Administration as we work to protect our
Nation's environment and revitalize our economy. The American Recovery
and Reinvestment Act of 2009 reaffirmed NEPA's role in protecting public
health, safety, and environmental quality, and in ensuring transparency,
accountability, and public involvement in our Government.
Today, my Administration will recognize NEPA's enactment by recommitting
to environmental quality through open, accountable, and responsible
decision making that involves the American public. Our Nation's long-
term prosperity depends upon our faithful stewardship of the air we
breathe, the water we drink, and the land we sow. With smart,
sustainable policies like those established under NEPA, we can meet our
responsibility to future generations of Americans, so they may hope to
enjoy the beauty and utility of a clean, healthy planet.
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 January 1, 2010, as
the 40th Anniversary of the National Environmental Policy Act. I call
upon all executive branch agencies to promote public involvement and
transparency in their implementation of the National Environmental
Policy Act. I also encourage every American to learn more about the
National Environmental Policy Act and how we can all contribute to
protecting and enhancing our environment.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day
of December, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA
________________________________________________________________________
EXECUTIVE ORDERS
________________________________________________________________________
Executive Order 13484 of January 9, 2009
Amending the Order of Succession Within the Department of Agriculture
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that
Executive Order 13241 of December 18, 2001, as amended, is further
amended as follows:
Section 1. Section 2 is amended to read as follows:
``Sec. 2. Order of Succession.
``(a) General Counsel of the Department of Agriculture;
``(b) Chief Financial Officer of the Department of Agriculture;
``(c) Assistant Secretary of Agriculture for Administration;
``(d) Under Secretary of Agriculture for Farm and Foreign
Agricultural Services;
``(e) Under Secretary of Agriculture for Natural Resources and
Environment;
``(f) Under Secretary of Agriculture for Marketing and Regulatory
Programs;
``(g) Under Secretary of Agriculture for Rural Development;
``(h) Under Secretary of Agriculture for Food, Nutrition, and
Consumer Services;
``(i) Under Secretary of Agriculture for Food Safety;
``(j) Under Secretary of Agriculture for Research, Education, and
Economics;
``(k) Assistant Secretary of Agriculture for Congressional
Relations;
``(l) Assistant Secretary of Agriculture for Civil Rights;
``(m) Director, Kansas City Commodity Office, Farm Service Agency
(consistent with the time of service and rate of pay requirements of
section 3345(a)(3) of title 5, United States Code); and
``(n) State Executive Directors of the Farm Service Agency for the
States of Missouri, Kansas, Iowa, and Nebraska, in order of seniority
fixed by length of unbroken service as State Executive Director of that
State (consistent with the time of service and rate of pay requirements
of section 3345(a)(3) of title 5, United States Code).''.
Sec. 2. Section 3(a) is amended by striking ``2(a)-(j)'' and inserting
``2(a)-(n)'', and a new section 3(c) is added to read as follows:
``(c) No individual listed in section 2 shall act as the Secretary
unless that individual is otherwise eligible to so serve under the
Federal Vacancies Reform Act of 1998.''
Sec. 3. This order is intended to improve the internal management of the
executive branch and 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 agencies, instrumentalities,
or entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
January 9, 2009.
Executive Order 13485 of January 9, 2009
Providing an Order of Succession Within the Department of Transportation
By the authority vested in me as President under the Constitution and
the laws of the United States of America, including the Federal
Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby
ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2
of this order, the following officials of the Department of
Transportation, in the order listed, shall act as and perform the
functions and duties of the office of the Secretary of Transportation
(Secretary), during any period in which the Secretary, the Deputy
Secretary of Transportation, the Under Secretary of Transportation for
Policy, and the officials designated by the Secretary pursuant to 49
U.S.C. 102(e) have died, resigned, or otherwise become unable to perform
the functions and duties of the office of Secretary, until such time as
the Secretary or one of the officials listed above is able to perform
the duties of that office:
(a) Administrator of the Federal Highway Administration;
(b) Administrator of the Federal Aviation Administration;
(c) Administrator of the Federal Motor Carrier Safety
Administration;
(d) Administrator of the Federal Railroad Administration;
(e) Administrator of the Federal Transit Administration;
(f) Administrator of the Maritime Administration;
(g) Administrator of the Pipeline and Hazardous Materials Safety
Administration;
(h) Administrator of the National Highway Traffic Safety
Administration;
(i) Administrator of the Research and Innovative Technology
Administration;
(j) Administrator of the Saint Lawrence Seaway Development
Corporation;
(k) Regional Administrator, Southern Region, Federal Aviation
Administration;
(l) Director, Resource Center, Lakewood, Colorado, Federal Highway
Administration; and
(m) Regional Administrator, Northwest Mountain Region, Federal
Aviation Administration.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1 in an acting capacity, by virtue of so serving, shall act
as Secretary pursuant to this section.
(b) No individual who is serving in an office listed in section 1
shall act as Secretary unless that individual is otherwise eligible to
so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this order, the President
retains discretion, to the extent permitted by law, to depart from this
order in designating an acting Secretary.
Sec. 3. This order supersedes the President's Memorandum of March 19,
2002 (Designation of Officers of the Department of Transportation).
Sec. 4. This order is intended to improve the internal management of the
executive branch and 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 agencies, instrumentalities,
or entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
January 9, 2009.
Executive Order 13486 of January 9, 2009
Strengthening Laboratory Biosecurity in the United States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States that facilities
that possess biological select agents and toxins have appropriate
security and personnel assurance practices to protect against theft,
misuse, or diversion to unlawful activity of such agents and toxins.
Sec. 2. Establishment and Operation of the Working Group. (a) There is
hereby established, within the Department of Defense for administrative
purposes only, the Working Group on Strengthening the Biosecurity of the
United States (Working Group).
(b) The Working Group shall consist exclusively of the following
members:
(i) the Secretary of State;
(ii) the Secretary of Defense, who shall be a Co-Chair of the Working
Group;
(iii) the Attorney General;
(iv) the Secretary of Agriculture;
(v) the Secretary of Commerce;
(vi) the Secretary of Health and Human Services, who shall be a Co-Chair
of the Working Group;
(vii) the Secretary of Transportation;
(viii) the Secretary of Energy;
(ix) the Secretary of Homeland Security;
(x) the Administrator of the Environmental Protection Agency;
(xi) the Director of National Intelligence;
(xii) the Director of the National Science Foundation; and
(xiii) the head of any other department or agency when designated:
(A) by the Co-Chairs of the Working Group with the concurrence
of such head; or
(B) by the President.
(c) The Co-Chairs shall convene and preside at meetings of the
Working Group, determine its agenda, and direct its work. The Co-Chairs
may establish and direct subgroups of the Working Group, as appropriate
to deal with particular subject matters, that shall consist exclusively
of members of the Working Group.
(d) A member of the Working Group may designate, to perform the
Working Group or Working Group subgroup functions of the member, any
person who is a part of the member's agency and who is an officer of the
United States appointed by the President, a member of the Senior
Executive Service (SES), or the equivalent of a member of the SES.
Sec. 3. Functions of the Working Group. Consistent with this order, and
to assist in implementing the policy set forth in section 1 of this
order, the Working Group shall:
(a) review and evaluate the efficiency and effectiveness, with
respect to Federal and nonfederal facilities that conduct research on,
manage clinical or environmental laboratory operations involving, or
handle, store, or transport biological select agents and toxins, of the
following:
(i) existing laws, regulations, and guidance with respect to physical,
facility, and personnel security and assurance; and
(ii) practices with respect to physical, facility, and personnel security
and assurance;
(b) obtain information or advice, as appropriate for the conduct of
the review and evaluation, from the following:
(i) heads of executive departments and agencies;
(ii) elements of foreign governments and international organizations with
responsibility for biological matters, consistent with functions assigned
by law or by the President to the Secretary of State; and
(iii) representatives of State, local, territorial, and tribal
governments, and other entities or other individuals in a manner that seeks
their individual advice and does not involve collective judgment or
consensus advice or deliberation; and
(c) submit a report to the President, through the Co-Chairs, not
later than 180 days after the date of this order that is unclassified,
with a classified annex as required, and sets forth the following:
(i) a summary of existing laws, regulations, guidance, and practices with
respect to security and personnel assurance reviewed under subsection (a)
of this section and their efficiency and effectiveness;
(ii) recommendations for any new legislation, regulations, guidance, or
practices for security and personnel assurance for all Federal and
nonfederal facilities described in subsection (a);
(iii) options for establishing oversight mechanisms to ensure a baseline
standard is consistently applied for all physical, facility, and personnel
security and assurance laws, regulations, and guidance at all Federal and
nonfederal facilities described in subsection (a); and
(iv) a comparison of the range of existing personnel security and
assurance programs for access to biological select agents and toxins to
personnel security and assurance programs in other fields and industries.
Sec. 4. Duties of Heads of Departments and Agencies. (a) The heads of
departments and agencies shall provide for the labor and travel costs of
their representatives and, to the extent permitted by law, provide the
Working Group such information and assistance as it needs to implement
this order.
(b) To the extent permitted by law and subject to the availability
of appropriations, the Secretary of Defense shall provide the Working
Group with such administrative and support services as may be necessary
for the performance of its functions.
Sec. 5. Termination of the Working Group. The Working Group shall
terminate 60 days after the date of the report submitted under
subsection 3(c) of this order.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, 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 intended only to improve the internal management
of the executive branch and 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 agencies,
instrumentalities, or entities, its officers, employees, or agents, or
any other person.
George W. Bush
The White House,
January 9, 2009.
Executive Order 13487 of January 16, 2009
Establishment of a Temporary Organization To Facilitate United States
Government Support for Afghanistan
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 202 of the
Revised Statutes (22 U.S.C. 2656) and section 3161 of title 5, United
States Code, it is hereby ordered as follows:
Section 1. Establishment. There is established within the Department of
State, in accordance with section 3161 of title 5, United States Code, a
temporary organization to be known as the Afghanistan Support Office
(ASO).
Sec. 2. Purpose of the Temporary Organization. The purpose of the ASO
shall be to perform the specific project of supporting executive
departments and agencies in preventing Afghanistan from becoming a safe
haven for terrorists, facilitating Afghanistan's progress to self-
sufficiency, and maintaining an effective diplomatic presence in
Afghanistan.
Sec. 3. Functions of the Temporary Organization. In carrying out its
purpose set forth in section 2, the ASO shall:
(a) support executive departments and agencies in building the
civilian capabilities of the Government of Afghanistan, including
expansion of central services by the Government of Afghanistan,
development of a thriving private sector economy, and improvement in the
governance of Afghanistan's territory and borders; and
(b) perform such other functions related to the specific project set
forth in section 2 as the Secretary of State (Secretary) may assign.
Sec. 4. Personnel and Administration. The ASO shall be headed by a
Director selected by the Secretary. The ASO shall be jointly based in
Washington, D.C., and Afghanistan, and the Secretary of State shall seek
accreditation of employees as members of the United States Embassy Kabul
as necessary.
Sec. 5. General Provisions. (a) This order shall be implemented in
accordance with applicable law, subject to the availability of
appropriations, and consistent with presidential guidance.
(b) 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 agencies, instrumentalities, or
entities, its officers, employees, or agents, or any other person.
(c) The ASO shall terminate at the end of the maximum period
permitted by section 3161(a)(1) of title 5, United States Code, unless
sooner terminated by the Secretary.
George W. Bush
The White House,
January 16, 2009.
Executive Order 13488 of January 16, 2009
Granting Reciprocity on Excepted Service and Federal Contractor Employee
Fitness and Reinvestigating Individuals in Positions of Public Trust
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 1104(a)(1),
3301, and 7301 of title 5, United States Code, and in order to simplify
and streamline the system of Federal Government personnel investigative
and adjudicative processes to make them more efficient and effective, it
is hereby ordered as follows:
Section 1. Policy. (a) When agencies determine the fitness of
individuals to perform work as employees in the excepted service or as
contractor employees, prior favorable fitness or suitability
determinations should be granted reciprocal recognition, to the extent
practicable.
(b) It is necessary to reinvestigate individuals in positions of
public trust in order to ensure that they remain suitable for continued
employment.
Sec. 2. Definitions. For the purposes of this order:
(a) ``Agency'' means an executive agency as defined in section 105
of title 5, United States Code, but does not include the Government
Accountability Office.
(b) ``Contractor employee'' means an individual who performs work
for or on behalf of any agency under a contract and who, in order to
perform the work specified under the contract, will require access to
space, information, information technology systems, staff, or other
assets of the Federal Government. Such contracts, include, but are not
limited to:
(i) personal services contracts;
(ii) contracts between any non-Federal entity and any agency; and
(iii) sub-contracts between any non-Federal entity and another non-
Federal entity to perform work related to the primary contract with the
agency.
(c) ``Excepted service'' has the meaning provided in section 2103 of
title 5, United States Code, but does not include those positions in any
element of the intelligence community as defined in the National
Security Act of 1947, as amended, to the extent they are not otherwise
subject to Office of Personnel Management appointing authorities.
(d) ``Fitness'' is the level of character and conduct determined
necessary for an individual to perform work for or on behalf of a
Federal agency as an employee in the excepted service (other than a
position subject to suitability) or as a contractor employee.
(e) ``Fitness determination'' means a decision by an agency that an
individual has or does not have the required level of character and
conduct necessary to perform work for or on behalf of a Federal agency
as an employee in the excepted service (other than a position subject to
suitability) or as a contractor employee. A favorable fitness
determination is not a decision to appoint or contract with an
individual.
(f) ``Position of Public Trust'' has the meaning provided in 5 CFR
Part 731.
(g) ``Suitability'' has the meaning and coverage provided in CFR
Part 731.
Sec. 3. Agency Authority to Set Fitness Criteria and Determine
Equivalency. The authority to establish criteria for making fitness
determinations remains within the discretion of the agency head. Agency
heads also have the discretion to determine whether their criteria are
equivalent to suitability standards established by the Office of
Personnel Management. Agency heads shall take into account Office of
Personnel Management guidance when exercising this discretion.
Sec. 4. Reciprocal Recognition of Fitness and Suitability
Determinations. (a) Except as provided by subsection (b) of this
section, agencies making fitness determinations shall grant reciprocal
recognition to a prior favorable fitness or suitability determination
when:
(i) the gaining agency uses criteria for making fitness determinations
equivalent to suitability standards established by the Office of Personnel
Management;
(ii) the prior favorable fitness or suitability determination was based
on criteria equivalent to suitability standards established by the Office
of Personnel Management; and
(iii) the individual has had no break in employment since the favorable
determination was made.
(b) Exceptions to Reciprocal Recognition. A gaining agency is not
required to grant reciprocal recognition to a prior favorable fitness or
suitability determination when:
(i) the new position requires a higher level of investigation than
previously conducted for that individual;
(ii) an agency obtains new information that calls into question the
individual's fitness based on character or conduct; or
(iii) the individual's investigative record shows conduct that is
incompatible with the core duties of the new position.
Sec. 5. Reinvestigation of Individuals in Positions of Public Trust.
Individuals in positions of public trust shall be subject to
reinvestigation under standards (including but not limited to the
frequency of such reinvestigation) as determined by the Director of the
Office of Personnel Management, to ensure their suitability for
continued employment.
Sec. 6. Responsibilities. (a) An agency shall report to the Office of
Personnel Management the nature and results of the background
investigation and fitness determination (or later changes to that
determination) made on an individual, to the extent consistent with law.
(b) The Director of the Office of Personnel Management is delegated
authority to implement this order, including the authority to issue
regulations and guidance governing suitability, or guidance related to
fitness, as the Director determines appropriate.
Sec. 7. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order shall not suspend, impede, or otherwise affect
Executive Order 10450 of April 27, 1953, as amended, or Executive Order
13467 of June 30, 2008;
(d) This order is intended only to improve the internal management
of the executive branch and 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 agencies,
instrumentalities, or entities, its officers, employees or agents, or
any other person.
Sec. 8. Effective Date and Applicability. This order is effective upon
issuance and is applicable to individuals newly appointed to excepted
service positions or hired as contractor employees beginning 90 days
from the effective date of this order.
George W. Bush
The White House,
January 16, 2009.
Executive Order 13489 of January 21, 2009
Presidential Records
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to establish policies
and procedures governing the assertion of executive privilege by
incumbent and former Presidents in connection with the release of
Presidential records by the National Archives and Records Administration
(NARA) pursuant to the Presidential Records Act of 1978, it is hereby
ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) ``Archivist'' refers to the Archivist of the United States or
his designee.
(b) ``NARA'' refers to the National Archives and Records
Administration.
(c) ``Presidential Records Act'' refers to the Presidential Records
Act, 44 U.S.C. 2201-2207.
(d) ``NARA regulations'' refers to the NARA regulations implementing
the Presidential Records Act, 36 C.F.R. Part 1270.
(e) ``Presidential records'' refers to those documentary materials
maintained by NARA pursuant to the Presidential Records Act, including
Vice Presidential records.
(f) ``Former President'' refers to the former President during whose
term or terms of office particular Presidential records were created.
(g) A ``substantial question of executive privilege'' exists if
NARA's disclosure of Presidential records might impair national security
(including the conduct of foreign relations), law enforcement, or the
deliberative processes of the executive branch.
(h) A ``final court order'' is a court order from which no appeal
may be taken.
Sec. 2. Notice of Intent to Disclose Presidential Records. (a) When the
Archivist provides notice to the incumbent and former Presidents of his
intent to disclose Presidential records pursuant to section 1270.46 of
the NARA regulations, the Archivist, using any guidelines provided by
the incumbent and former Presidents, shall identify any specific
materials, the disclosure of which he believes may raise a substantial
question of executive privilege. However, nothing in this order is
intended to affect the right of the incumbent or former Presidents to
invoke executive privilege with respect to materials not identified by
the Archivist. Copies of the notice for the incumbent President shall be
delivered to the President (through the Counsel to the President) and
the Attorney General (through the Assistant Attorney General for the
Office of Legal Counsel). The copy of the notice for the former
President shall be delivered to the former President or his designated
representative.
(b) Upon the passage of 30 days after receipt by the incumbent and
former Presidents of a notice of intent to disclose Presidential
records, the Archivist may disclose the records covered by the notice,
unless during that time period the Archivist has received a claim of
executive privilege by the incumbent or former President or the
Archivist has been instructed by the incumbent President or his designee
to extend the time period for a time certain and with reason for the
extension of time provided in the notice. If a shorter period of time is
required under the circumstances set forth in section 1270.44 of the
NARA regulations, the Archivist shall so indicate in the notice.
Sec. 3. Claim of Executive Privilege by Incumbent President. (a) Upon
receipt of a notice of intent to disclose Presidential records, the
Attorney General (directly or through the Assistant Attorney General for
the Office of Legal Counsel) and the Counsel to the President shall
review as they deem appropriate the records covered by the notice and
consult with each other, the Archivist, and such other executive
agencies as they deem appropriate concerning whether invocation of
executive privilege is justified.
(b) The Attorney General and the Counsel to the President, in the
exercise of their discretion and after appropriate review and
consultation under subsection (a) of this section, may jointly determine
that invocation of executive privilege is not justified. The Archivist
shall be notified promptly of any such determination.
(c) If either the Attorney General or the Counsel to the President
believes that the circumstances justify invocation of executive
privilege, the issue shall be presented to the President by the Counsel
to the President and the Attorney General.
(d) If the President decides to invoke executive privilege, the
Counsel to the President shall notify the former President, the
Archivist, and the Attorney General in writing of the claim of privilege
and the specific Presidential records to which it relates. After
receiving such notice, the Archivist shall not disclose the privileged
records unless directed to do so by an incumbent President or by a final
court order.
Sec. 4. Claim of Executive Privilege by Former President. (a) Upon
receipt of a claim of executive privilege by a living former President,
the Archivist shall consult with the Attorney General (through the
Assistant Attorney General for the Office of Legal Counsel), the Counsel
to the President, and such other executive agencies as the Archivist
deems appropriate concerning the Archivist's determination as to whether
to honor the former President's claim of privilege or instead to
disclose the Presidential records notwithstanding the claim of
privilege. Any determination under section 3 of this order that
executive privilege shall not be invoked by the incumbent President
shall not prejudice the Archivist's determination with respect to the
former President's claim of privilege.
(b) In making the determination referred to in subsection (a) of
this section, the Archivist shall abide by any instructions given him by
the incumbent President or his designee unless otherwise directed by a
final court order. The Archivist shall notify the incumbent and former
Presidents of his determination at least 30 days prior to disclosure of
the Presidential records, unless a shorter time period is required in
the circumstances set forth in section 1270.44 of the NARA regulations.
Copies of the notice for the incumbent President shall be delivered to
the President (through the Counsel to the President) and the Attorney
General (through the Assistant Attorney General for the Office of Legal
Counsel). The copy of the notice for the former President shall be
delivered to the former President or his designated representative.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, 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.
Sec. 6. Revocation. Executive Order 13233 of November 1, 2001, is
revoked.
BARACK OBAMA
The White House,
January 21, 2009.
Executive Order 13490 of January 21, 2009
Ethics Commitments by Executive Branch Personnel
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, and sections 3301 and 7301 of title 5, United States
Code, it is hereby ordered as follows:
Section 1. Ethics Pledge. Every appointee in every executive agency
appointed on or after January 20, 2009, shall sign, and upon signing
shall be contractually committed to, the following pledge upon becoming
an appointee:
``As a condition, and in consideration, of my employment in the United
States Government in a position invested with the public trust, I commit
myself to the following obligations, which I understand are binding on
me and are enforceable under law:
``1. Lobbyist Gift Ban. I will not accept gifts from registered
lobbyists or lobbying organizations for the duration of my service as an
appointee.
``2. Revolving Door Ban--All Appointees Entering Government. I will not
for a period of 2 years from the date of my appointment participate in
any particular matter involving specific parties that is directly and
substantially related to my former employer or former clients, including
regulations and contracts.
``3. Revolving Door Ban--Lobbyists Entering Government. If I was a
registered lobbyist within the 2 years before the date of my
appointment, in addition to abiding by the limitations of paragraph 2, I
will not for a period of 2 years after the date of my appointment:
(a) participate in any particular matter on which I lobbied within
the 2 years before the date of my appointment;
(b) participate in the specific issue area in which that particular
matter falls; or
(c) seek or accept employment with any executive agency that I
lobbied within the 2 years before the date of my appointment.
``4. Revolving Door Ban--Appointees Leaving Government. If, upon my
departure from the Government, I am covered by the post-employment
restrictions on communicating with employees of my former executive
agency set forth in section 207(c) of title 18, United States Code, I
agree that I will abide by those restrictions for a period of 2 years
following the end of my appointment.
``5. Revolving Door Ban--Appointees Leaving Government to Lobby. In
addition to abiding by the limitations of paragraph 4, I also agree,
upon leaving Government service, not to lobby any covered executive
branch official or non-career Senior Executive Service appointee for the
remainder of the Administration.
``6. Employment Qualification Commitment. I agree that any hiring or
other employment decisions I make will be based on the candidate's
qualifications, competence, and experience.
``7. Assent to Enforcement. I acknowledge that the Executive Order
entitled 'Ethics Commitments by Executive Branch Personnel,' issued by
the President on January 21, 2009, which I have read before signing this
document, defines certain of the terms applicable to the foregoing
obligations and sets forth the methods for enforcing them. I expressly
accept the provisions of that Executive Order as a part of this
agreement and as binding on me. I understand that the terms of this
pledge are in addition to any statutory or other legal restrictions
applicable to me by virtue of Federal Government service.''
Sec. 2. Definitions. As used herein and in the pledge set forth in
section 1 of this order:
(a) ``Executive agency'' shall include each ``executive agency'' as
defined by section 105 of title 5, United States Code, and shall include
the Executive Office of the President; provided, however, that for
purposes of this order ``executive agency'' shall include the United
States Postal Service and Postal Regulatory Commission, but shall
exclude the Government Accountability Office.
(b) ``Appointee'' shall include every full-time, non-career
Presidential or Vice-Presidential appointee, non-career appointee in the
Senior Executive Service (or other SES-type system), and appointee to a
position that has been excepted from the competitive service by reason
of being of a confidential or policymaking character (Schedule C and
other positions excepted under comparable criteria) in an executive
agency. It does not include any person appointed as a member of the
Senior Foreign Service or solely as a uniformed service commissioned
officer.
(c) ``Gift''
(1) shall have the definition set forth in section 2635.203(b) of title
5, Code of Federal Regulations;
(2) shall include gifts that are solicited or accepted indirectly as
defined at section 2635.203(f) of title 5, Code of Federal Regulations; and
(3) shall exclude those items excluded by sections 2635.204(b), (c),
(e)(1) & (3) and (j)-(l) of title 5, Code of Federal Regulations.
(d) ``Covered executive branch official'' and ``lobbyist'' shall
have the definitions set forth in section 1602 of title 2, United States
Code.
(e) ``Registered lobbyist or lobbying organization'' shall mean a
lobbyist or an organization filing a registration pursuant to section
1603(a) of title 2, United States Code, and in the case of an
organization filing such a registration, ``registered lobbyist'' shall
include each of the lobbyists identified therein.
(f) ``Lobby'' and ``lobbied'' shall mean to act or have acted as a
registered lobbyist.
(g) ``Particular matter'' shall have the same meaning as set forth
in section 207 of title 18, United States Code, and section
2635.402(b)(3) of title 5, Code of Federal Regulations.
(h) ``Particular matter involving specific parties'' shall have the
same meaning as set forth in section 2641.201(h) of title 5, Code of
Federal Regulations, except that it shall also include any meeting or
other communication relating to the performance of one's official duties
with a former employer or former client, unless the communication
applies to a particular matter of general applicability and
participation in the meeting or other event is open to all interested
parties.
(i) ``Former employer'' is any person for whom the appointee has
within the 2 years prior to the date of his or her appointment served as
an employee, officer, director, trustee, or general partner, except that
``former employer'' does not include any executive agency or other
entity of the Federal Government, State or local government, the
District of Columbia, Native American tribe, or any United States
territory or possession.
(j) ``Former client'' is any person for whom the appointee served
personally as agent, attorney, or consultant within the 2 years prior to
the date of his or her appointment, but excluding instances where the
service provided was limited to a speech or similar appearance. It does
not include clients of the appointee's former employer to whom the
appointee did not personally provide services.
(k) ``Directly and substantially related to my former employer or
former clients'' shall mean matters in which the appointee's former
employer or a former client is a party or represents a party.
(l) ``Participate'' means to participate personally and
substantially.
(m) ``Post-employment restrictions'' shall include the provisions
and exceptions in section 207(c) of title 18, United States Code, and
the implementing regulations.
(n) ``Government official'' means any employee of the executive
branch.
(o) ``Administration'' means all terms of office of the incumbent
President serving at the time of the appointment of an appointee covered
by this order.
(p) ``Pledge'' means the ethics pledge set forth in section 1 of
this order.
(q) All references to provisions of law and regulations shall refer
to such provisions as in effect on January 20, 2009.
Sec. 3. Waiver. (a) The Director of the Office of Management and Budget,
or his or her designee, in consultation with the Counsel to the
President or his or her designee, may grant to any current or former
appointee a written waiver of any restrictions contained in the pledge
signed by such appointee if, and to the extent that, the Director of the
Office of Management and Budget, or his or her designee, certifies in
writing (i) that the literal application of the restriction is
inconsistent with the purposes of the restriction, or (ii) that it is in
the public interest to grant the waiver. A waiver shall take effect when
the certification is signed by the Director of the Office of Management
and Budget or his or her designee.
(b) The public interest shall include, but not be limited to,
exigent circumstances relating to national security or to the economy.
De minimis contact with an executive agency shall be cause for a waiver
of the restrictions contained in paragraph 3 of the pledge.
Sec. 4. Administration. (a) The head of every executive agency shall, in
consultation with the Director of the Office of Government Ethics,
establish such rules or procedures (conforming as nearly as practicable
to the agency's general ethics rules and procedures, including those
relating to designated agency ethics officers) as are necessary or
appropriate to ensure that every appointee in the agency signs the
pledge upon assuming the appointed office or otherwise becoming an
appointee; to ensure that compliance with paragraph 3 of the pledge is
addressed in a written ethics agreement with each appointee to whom it
applies, which agreement shall also be approved by the Counsel to the
President or his or her designee prior to the appointee commencing work;
to ensure that spousal employment issues and other conflicts not
expressly addressed by the pledge are addressed in ethics agreements
with appointees or, where no such agreements are required, through
ethics counseling; and generally to ensure compliance with this order
within the agency.
(b) With respect to the Executive Office of the President, the
duties set forth in section 4(a) shall be the responsibility of the
Counsel to the President or his or her designee.
(c) The Director of the Office of Government Ethics shall:
(1) ensure that the pledge and a copy of this order are made available
for use by agencies in fulfilling their duties under section 4(a) above;
(2) in consultation with the Attorney General or the Counsel to the
President or their designees, when appropriate, assist designated agency
ethics officers in providing advice to current or former appointees
regarding the application of the pledge; and
(3) in consultation with the Attorney General and the Counsel to the
President or their designees, adopt such rules or procedures as are
necessary or appropriate:
(i) to carry out the foregoing responsibilities;
(ii) to apply the lobbyist gift ban set forth in paragraph 1 of
the pledge to all executive branch employees;
(iii) to authorize limited exceptions to the lobbyist gift ban
for circumstances that do not implicate the purposes of the ban;
(iv) to make clear that no person shall have violated the
lobbyist gift ban if the person properly disposes of a gift as
provided by section 2635.205 of title 5, Code of Federal
Regulations;
(v) to ensure that existing rules and procedures for Government
employees engaged in negotiations for future employment with
private businesses that are affected by their official actions
do not affect the integrity of the Government's programs and
operations;
(vi) to ensure, in consultation with the Director of the Office
of Personnel Management, that the requirement set forth in
paragraph 6 of the pledge is honored by every employee of the
executive branch;
(4) in consultation with the Director of the Office of Management and
Budget, report to the President on whether full compliance is being
achieved with existing laws and regulations governing executive branch
procurement lobbying disclosure and on steps the executive branch can take
to expand to the fullest extent practicable disclosure of such executive
branch procurement lobbying and of lobbying for presidential pardons, and
to include in the report both immediate action the executive branch can
take and, if necessary, recommendations for legislation; and
(5) provide an annual public report on the administration of the pledge
and this order.
(d) The Director of the Office of Government Ethics shall, in
consultation with the Attorney General, the Counsel to the President,
and the Director of the Office of Personnel Management, or their
designees, report to the President on steps the executive branch can
take to expand to the fullest extent practicable the revolving door ban
set forth in paragraph 5 of the pledge to all executive branch employees
who are involved in the procurement process such that they may not for 2
years after leaving Government service lobby any Government official
regarding a Government contract that was under their official
responsibility in the last 2 years of their Government service; and to
include in the report both immediate action the executive branch can
take and, if necessary, recommendations for legislation.
(e) All pledges signed by appointees, and all waiver certifications
with respect thereto, shall be filed with the head of the appointee's
agency for permanent retention in the appointee's official personnel
folder or equivalent folder.
Sec. 5. Enforcement. (a) The contractual, fiduciary, and ethical
commitments in the pledge provided for herein are solely enforceable by
the United States pursuant to this section by any legally available
means, including debarment proceedings within any affected executive
agency or judicial civil proceedings for declaratory, injunctive, or
monetary relief.
(b) Any former appointee who is determined, after notice and
hearing, by the duly designated authority within any agency, to have
violated his or her pledge may be barred from lobbying any officer or
employee of that agency for up to 5 years in addition to the time period
covered by the pledge. The head of every executive agency shall, in
consultation with the Director of the Office of Government Ethics,
establish procedures to implement this subsection, which procedures
shall include (but not be limited to) providing for factfinding and
investigation of possible violations of this order and for referrals to
the Attorney General for his or her consideration pursuant to subsection
(c).
(c) The Attorney General or his or her designee is authorized:
(1) upon receiving information regarding the possible breach of any
commitment in a signed pledge, to request any appropriate Federal
investigative authority to conduct such investigations as may be
appropriate; and
(2) upon determining that there is a reasonable basis to believe that a
breach of a commitment has occurred or will occur or continue, if not
enjoined, to commence a civil action against the former employee in any
United States District Court with jurisdiction to consider the matter.
(d) In any such civil action, the Attorney General or his or her
designee is authorized to request any and all relief authorized by law,
including but not limited to:
(1) such temporary restraining orders and preliminary and permanent
injunctions as may be appropriate to restrain future, recurring, or
continuing conduct by the former employee in breach of the commitments in
the pledge he or she signed; and
(2) establishment of a constructive trust for the benefit of the United
States, requiring an accounting and payment to the United States Treasury
of all money and other things of value received by, or payable to, the
former employee arising out of any breach or attempted breach of the pledge
signed by the former employee.
Sec. 6. General Provisions. (a) No prior Executive Orders are repealed
by this order. To the extent that this order is inconsistent with any
provision of any prior Executive Order, this order shall control.
(b) If any provision of this order or the application of such
provision is held to be invalid, the remainder of this order and other
dissimilar applications of such provision shall not be affected.
(c) Nothing in this order shall be construed to impair or otherwise
affect:
(1) authority granted by law to a department, agency, or the head
thereof; or
(2) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(d) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(e) 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.
(f) The definitions set forth in this order are solely applicable to
the terms of this order, and are not otherwise intended to impair or
affect existing law.
BARACK OBAMA
The White House,
January 21, 2009.
Executive Order 13491 of January 22, 2009
Ensuring Lawful Interrogations
By the authority vested in me by the Constitution and the laws of the
United States of America, in order to improve the effectiveness of human
intelligence-gathering, to promote the safe, lawful, and humane
treatment of individuals in United States custody and of United States
personnel who are detained in armed conflicts, to ensure compliance with
the treaty obligations of the United States, including the Geneva
Conventions, and to take care that the laws of the United States are
faithfully executed, I hereby order as follows:
Section 1. Revocation. Executive Order 13440 of July 20, 2007, is
revoked. All executive directives, orders, and regulations inconsistent
with this order, including but not limited to those issued to or by the
Central Intelligence Agency (CIA) from September 11, 2001, to January
20, 2009, concerning detention or the interrogation of detained
individuals, are revoked to the extent of their inconsistency with this
order. Heads of departments and agencies shall take all necessary steps
to ensure that all directives, orders, and regulations of their
respective departments or agencies are consistent with this order. Upon
request, the Attorney General shall provide guidance about which
directives, orders, and regulations are inconsistent with this order.
Sec. 2. Definitions. As used in this order:
(a) ``Army Field Manual 2-22.3'' means FM 2-22.3, Human Intelligence
Collector Operations, issued by the Department of the Army on September
6, 2006.
(b) ``Army Field Manual 34-52'' means FM 34-52, Intelligence
Interrogation, issued by the Department of the Army on May 8, 1987.
(c) ``Common Article 3'' means Article 3 of each of the Geneva
Conventions.
(d) ``Convention Against Torture'' means the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
December 10, 1984, 1465 U.N.T.S. 85, S. Treaty Doc. No. 100-20 (1988).
(e) ``Geneva Conventions'' means:
(i) the Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);
(ii) the Convention for the Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST
3217);
(iii) the Convention Relative to the Treatment of Prisoners of War,
August 12, 1949 (6 UST 3316); and
(iv) the Convention Relative to the Protection of Civilian Persons in
Time of War, August 12, 1949 (6 UST 3516).
(f) ``Treated humanely,'' ``violence to life and person,'' ``murder
of all kinds,'' ``mutilation,'' ``cruel treatment,'' ``torture,''
``outrages upon personal dignity,'' and ``humiliating and degrading
treatment'' refer to, and have the same meaning as, those same terms in
Common Article 3.
(g) The terms ``detention facilities'' and ``detention facility'' in
section 4(a) of this order do not refer to facilities used only to hold
people on a short-term, transitory basis.
Sec. 3. Standards and Practices for Interrogation of Individuals in the
Custody or Control of the United States in Armed Conflicts.
(a) Common Article 3 Standards as a Minimum Baseline. Consistent
with the requirements of the Federal torture statute, 18 U.S.C. 2340-
2340A, section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C.
2000dd, the Convention Against Torture, Common Article 3, and other laws
regulating the treatment and interrogation of individuals detained in
any armed conflict, such persons shall in all circumstances be treated
humanely and shall not be subjected to violence to life and person
(including murder of all kinds, mutilation, cruel treatment, and
torture), nor to outrages upon personal dignity (including humiliating
and degrading treatment), whenever such individuals are in the custody
or under the effective control of an officer, employee, or other agent
of the United States Government or detained within a facility owned,
operated, or controlled by a department or agency of the United States.
(b) Interrogation Techniques and Interrogation-Related Treatment.
Effective immediately, an individual in the custody or under the
effective control of an officer, employee, or other agent of the United
States Government, or detained within a facility owned, operated, or
controlled by a department or agency of the United States, in any armed
conflict, shall not be subjected to any interrogation technique or
approach, or any treatment related to interrogation, that is not
authorized by and listed in Army Field Manual 2-22.3 (Manual).
Interrogation techniques, approaches, and treatments described in the
Manual shall be implemented strictly in accord with the principles,
processes, conditions, and limitations the Manual prescribes. Where
processes required by the Manual, such as a requirement of approval by
specified Department of Defense officials, are inapposite to a
department or an agency other than the Department of Defense, such a
department or agency shall use processes that are substantially
equivalent to the processes the Manual prescribes for the Department of
Defense. Nothing in this section shall preclude the Federal Bureau of
Investigation, or other Federal law enforcement agencies, from
continuing to use authorized, non-coercive techniques of interrogation
that are designed to elicit voluntary statements and do not involve the
use of force, threats, or promises.
(c) Interpretations of Common Article 3 and the Army Field Manual.
From this day forward, unless the Attorney General with appropriate
consultation provides further guidance, officers, employees, and other
agents of the United States Government may, in conducting
interrogations, act in reliance upon Army Field Manual 2-22.3, but may
not, in conducting interrogations, rely upon any interpretation of the
law governing interrogation--including interpretations of Federal
criminal laws, the Convention Against Torture, Common Article 3, Army
Field Manual 2-22.3, and its predecessor document, Army Field Manual 34-
52--issued by the Department of Justice between September 11, 2001, and
January 20, 2009.
Sec. 4. Prohibition of Certain Detention Facilities, and Red Cross
Access to Detained Individuals.
(a) CIA Detention. The CIA shall close as expeditiously as possible
any detention facilities that it currently operates and shall not
operate any such detention facility in the future.
(b) International Committee of the Red Cross Access to Detained
Individuals. All departments and agencies of the Federal Government
shall provide the International Committee of the Red Cross with
notification of, and timely access to, any individual detained in any
armed conflict in the custody or under the effective control of an
officer, employee, or other agent of the United States Government or
detained within a facility owned, operated, or controlled by a
department or agency of the United States Government, consistent with
Department of Defense regulations and policies.
Sec. 5. Special Interagency Task Force on Interrogation and Transfer
Policies.
(a) Establishment of Special Interagency Task Force. There shall be
established a Special Task Force on Interrogation and Transfer Policies
(Special Task Force) to review interrogation and transfer policies.
(b) Membership. The Special Task Force shall consist of the
following members, or their designees:
(i) the Attorney General, who shall serve as Chair;
(ii) the Director of National Intelligence, who shall serve as Co-Vice-
Chair;
(iii) the Secretary of Defense, who shall serve as Co-Vice-Chair;
(iv) the Secretary of State;
(v) the Secretary of Homeland Security;
(vi) the Director of the Central Intelligence Agency;
(vii) the Chairman of the Joint Chiefs of Staff; and
(viii) other officers or full-time or permanent part-time employees of
the United States, as determined by the Chair, with the concurrence of the
head of the department or agency concerned.
(c) Staff. The Chair may designate officers and employees within the
Department of Justice to serve as staff to support the Special Task
Force. At the request of the Chair, officers and employees from other
departments or agencies may serve on the Special Task Force with the
concurrence of the head of the department or agency that employ such
individuals. Such staff must be officers or full-time or permanent part-
time employees of the United States. The Chair shall designate an
officer or employee of the Department of Justice to serve as the
Executive Secretary of the Special Task Force.
(d) Operation. The Chair shall convene meetings of the Special Task
Force, determine its agenda, and direct its work. The Chair may
establish and direct subgroups of the Special Task Force, consisting
exclusively of members of the Special Task Force, to deal with
particular subjects.
(e) Mission. The mission of the Special Task Force shall be:
(i) to study and evaluate whether the interrogation practices and
techniques in Army Field Manual 2-22.3, when employed by departments or
agencies outside the military, provide an appropriate means of acquiring
the intelligence necessary to protect the Nation, and, if warranted, to
recommend any additional or different guidance for other departments or
agencies; and
(ii) to study and evaluate the practices of transferring individuals to
other nations in order to ensure that such practices comply with the
domestic laws, international obligations, and policies of the United States
and do not result in the transfer of individuals to other nations to face
torture or otherwise for the purpose, or with the effect, of undermining or
circumventing the commitments or obligations of the United States to ensure
the humane treatment of individuals in its custody or control.
(f) Administration. The Special Task Force shall be established for
administrative purposes within the Department of Justice and the
Department of Justice shall, to the extent permitted by law and subject
to the availability of appropriations, provide administrative support
and funding for the Special Task Force.
(g) Recommendations. The Special Task Force shall provide a report
to the President, through the Assistant to the President for National
Security Affairs and the Counsel to the President, on the matters set
forth in subsection (d) within 180 days of the date of this order,
unless the Chair determines that an extension is necessary.
(h) Termination. The Chair shall terminate the Special Task Force
upon the completion of its duties.
Sec. 6. Construction with Other Laws. Nothing in this order shall be
construed to affect the obligations of officers, employees, and other
agents of the United States Government to comply with all pertinent laws
and treaties of the United States governing detention and interrogation,
including but not limited to: the Fifth and Eighth Amendments to the
United States Constitution; the Federal torture statute, 18 U.S.C. 2340-
2340A; the War Crimes Act, 18 U.S.C. 2441; the Federal assault statute,
18 U.S.C. 113; the Federal maiming statute, 18 U.S.C. 114; the Federal
``stalking'' statute, 18 U.S.C. 2261A; articles 93, 124, 128, and 134 of
the Uniform Code of Military Justice, 10 U.S.C. 893, 924, 928, and 934;
section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd;
section 6(c) of the Military Commissions Act of 2006, Public Law 109-
366; the Geneva Conventions; and the Convention Against Torture. Nothing
in this order shall be construed to diminish any rights that any
individual may have under these or other laws and treaties. This order
is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity against the
United States, its departments, agencies, or other entities, its
officers or employees, or any other person.
BARACK OBAMA
The White House,
January 22, 2009.
Executive Order 13492 of January 22, 2009
Review and Disposition of Individuals Detained At the Guant[aacute]namo
Bay Naval Base and Closure of Detention Facilities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, in order to effect the appropriate
disposition of individuals currently detained by the Department of
Defense at the Guant[aacute]namo Bay Naval Base (Guant[aacute]namo) and
promptly to close detention facilities at Guant[aacute]namo, consistent
with the national security and foreign policy interests of the United
States and the interests of justice, I hereby order as follows:
Section 1. Definitions. As used in this order:
(a) ``Common Article 3'' means Article 3 of each of the Geneva
Conventions.
(b) ``Geneva Conventions'' means:
(i) the Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);
(ii) the Convention for the Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST
3217);
(iii) the Convention Relative to the Treatment of Prisoners of War,
August 12, 1949 (6 UST 3316); and
(iv) the Convention Relative to the Protection of Civilian Persons in
Time of War, August 12, 1949 (6 UST 3516).
(c) ``Individuals currently detained at Guant[aacute]namo'' and
``individuals covered by this order'' mean individuals currently
detained by the Department of Defense in facilities at the
Guant[aacute]namo Bay Naval Base whom the Department of Defense has ever
determined to be, or treated as, enemy combatants.
Sec. 2. Findings.
(a) Over the past 7 years, approximately 800 individuals whom the
Department of Defense has ever determined to be, or treated as, enemy
combatants have been detained at Guant[aacute]namo. The Federal
Government has moved more than 500 such detainees from
Guant[aacute]namo, either by returning them to their home country or by
releasing or transferring them to a third country. The Department of
Defense has determined that a number of the individuals currently
detained at Guant[aacute]namo are eligible for such transfer or release.
(b) Some individuals currently detained at Guant[aacute]namo have
been there for more than 6 years, and most have been detained for at
least 4 years. In view of the significant concerns raised by these
detentions, both within the United States and internationally, prompt
and appropriate disposition of the individuals currently detained at
Guant[aacute]namo and closure of the facilities in which they are
detained would further the national security and foreign policy
interests of the United States and the interests of justice. Merely
closing the facilities without promptly determining the appropriate
disposition of the individuals detained would not adequately serve those
interests. To the extent practicable, the prompt and appropriate
disposition of the individuals detained at Guant[aacute]namo should
precede the closure of the detention facilities at Guant[aacute]namo.
(c) The individuals currently detained at Guant[aacute]namo have the
constitutional privilege of the writ of habeas corpus. Most of those
individuals have filed petitions for a writ of habeas corpus in Federal
court challenging the lawfulness of their detention.
(d) It is in the interests of the United States that the executive
branch undertake a prompt and thorough review of the factual and legal
bases for the continued detention of all individuals currently held at
Guant[aacute]namo, and of whether their continued detention is in the
national security and foreign policy interests of the United States and
in the interests of justice. The unusual circumstances associated with
detentions at Guant[aacute]namo require a comprehensive interagency
review.
(e) New diplomatic efforts may result in an appropriate disposition
of a substantial number of individuals currently detained at
Guant[aacute]namo.
(f) Some individuals currently detained at Guant[aacute]namo may
have committed offenses for which they should be prosecuted. It is in
the interests of the United States to review whether and how any such
individuals can and should be prosecuted.
(g) It is in the interests of the United States that the executive
branch conduct a prompt and thorough review of the circumstances of the
individuals currently detained at Guant[aacute]namo who have been
charged with offenses before military commissions pursuant to the
Military Commissions Act of 2006, Public Law 109-366, as well as of the
military commission process more generally.
Sec. 3. Closure of Detention Facilities at Guant[aacute]namo. The
detention facilities at Guant[aacute]namo for individuals covered by
this order shall be closed as soon as practicable, and no later than 1
year from the date of this order. If any individuals covered by this
order remain in detention at Guant[aacute]namo at the time of closure of
those detention facilities, they shall be returned to their home
country, released, transferred to a third country, or transferred to
another United States detention facility in a manner consistent with law
and the national security and foreign policy interests of the United
States.
Sec. 4. Immediate Review of All Guant[aacute]namo Detentions.
(a) Scope and Timing of Review. A review of the status of each
individual currently detained at Guant[aacute]namo (Review) shall
commence immediately.
(b) Review Participants. The Review shall be conducted with the full
cooperation and participation of the following officials:
(1) the Attorney General, who shall coordinate the Review;
(2) the Secretary of Defense;
(3) the Secretary of State;
(4) the Secretary of Homeland Security;
(5) the Director of National Intelligence;
(6) the Chairman of the Joint Chiefs of Staff; and
(7) other officers or full-time or permanent part-time employees of the
United States, including employees with intelligence, counterterrorism,
military, and legal expertise, as determined by the Attorney General, with
the concurrence of the head of the department or agency concerned.
(c) Operation of Review. The duties of the Review participants shall
include the following:
(1) Consolidation of Detainee Information. The Attorney General shall, to
the extent reasonably practicable, and in coordination with the other
Review participants, assemble all information in the possession of the
Federal Government that pertains to any individual currently detained at
Guant[aacute]namo and that is relevant to determining the proper
disposition of any such individual. All executive branch departments and
agencies shall promptly comply with any request of the Attorney General to
provide information in their possession or control pertaining to any such
individual. The Attorney General may seek further information relevant to
the Review from any source.
(2) Determination of Transfer. The Review shall determine, on a rolling
basis and as promptly as possible with respect to the individuals currently
detained at Guant[aacute]namo, whether it is possible to transfer or
release the individuals consistent with the national security and foreign
policy interests of the United States and, if so, whether and how the
Secretary of Defense may effect their transfer or release. The Secretary of
Defense, the Secretary of State, and, as appropriate, other Review
participants shall work to effect promptly the release or transfer of all
individuals for whom release or transfer is possible.
(3) Determination of Prosecution. In accordance with United States law,
the cases of individuals detained at Guant[aacute]namo not approved for
release or transfer shall be evaluated to determine whether the Federal
Government should seek to prosecute the detained individuals for any
offenses they may have committed, including whether it is feasible to
prosecute such individuals before a court established pursuant to Article
III of the United States Constitution, and the Review participants shall in
turn take the necessary and appropriate steps based on such determinations.
(4) Determination of Other Disposition. With respect to any individuals
currently detained at Guant[aacute]namo whose disposition is not achieved
under paragraphs (2) or (3) of this subsection, the Review shall select
lawful means, consistent with the national security and foreign policy
interests of the United States and the interests of justice, for the
disposition of such individuals. The appropriate authorities shall promptly
implement such dispositions.
(5) Consideration of Issues Relating to Transfer to the United States.
The Review shall identify and consider legal, logistical, and security
issues relating to the potential transfer of individuals currently detained
at Guant[aacute]namo to facilities within the United States, and the Review
participants shall work with the Congress on any legislation that may be
appropriate.
Sec. 5. Diplomatic Efforts. The Secretary of State shall expeditiously
pursue and direct such negotiations and diplomatic efforts with foreign
governments as are necessary and appropriate to implement this order.
Sec. 6. Humane Standards of Confinement. No individual currently
detained at Guant[aacute]namo shall be held in the custody or under the
effective control of any officer, employee, or other agent of the United
States Government, or at a facility owned, operated, or controlled by a
department or agency of the United States, except in conformity with all
applicable laws governing the conditions of such confinement, including
Common Article 3 of the Geneva Conventions. The Secretary of Defense
shall immediately undertake a review of the conditions of detention at
Guant[aacute]namo to ensure full compliance with this directive. Such
review shall be completed within 30 days and any necessary corrections
shall be implemented immediately thereafter.
Sec. 7. Military Commissions. The Secretary of Defense shall immediately
take steps sufficient to ensure that during the pendency of the Review
described in section 4 of this order, no charges are sworn, or referred
to a military commission under the Military Commissions Act of 2006 and
the Rules for Military Commissions, and that all proceedings of such
military commissions to which charges have been referred but in which no
judgment has been rendered, and all proceedings pending in the United
States Court of Military Commission Review, are halted.
Sec. 8. General Provisions.
(a) Nothing in this order shall prejudice the authority of the
Secretary of Defense to determine the disposition of any detainees not
covered by this order.
(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
The White House,
January 22, 2009.
Executive Order 13493 of January 22, 2009
Review of Detention Policy Options
By the authority vested in me as President by the Constitution and the
laws of the United States of America, in order to develop policies for
the detention, trial, transfer, release, or other disposition of
individuals captured or apprehended in connection with armed conflicts
and counterterrorism operations that are consistent with the national
security and foreign policy interests of the United States and the
interests of justice, I hereby order as follows:
Section 1. Special Interagency Task Force on Detainee Disposition.
(a) Establishment of Special Interagency Task Force. There shall be
established a Special Task Force on Detainee Disposition (Special Task
Force) to identify lawful options for the disposition of individuals
captured or apprehended in connection with armed conflicts and
counterterrorism operations.
(b) Membership. The Special Task Force shall consist of the
following members, or their designees:
(i) the Attorney General, who shall serve as Co-Chair;
(ii) the Secretary of Defense, who shall serve as Co-Chair;
(iii) the Secretary of State;
(iv) the Secretary of Homeland Security;
(v) the Director of National Intelligence;
(vi) the Director of the Central Intelligence Agency;
(vii) the Chairman of the Joint Chiefs of Staff; and
(viii) other officers or full-time or permanent part-time employees of
the United States, as determined by either of the Co-Chairs, with the
concurrence of the head of the department or agency concerned.
(c) Staff. Either Co-Chair may designate officers and employees
within their respective departments to serve as staff to support the
Special Task Force. At the request of the Co-Chairs, officers and
employees from other departments or agencies may serve on the Special
Task Force with the concurrence of the heads of the departments or
agencies that employ such individuals. Such staff must be officers or
full-time or permanent part-time employees of the United States. The Co-
Chairs shall jointly select an officer or employee of the Department of
Justice or Department of Defense to serve as the Executive Secretary of
the Special Task Force.
(d) Operation. The Co-Chairs shall convene meetings of the Special
Task Force, determine its agenda, and direct its work. The Co-Chairs may
establish and direct subgroups of the Special Task Force, consisting
exclusively of members of the Special Task Force, to deal with
particular subjects.
(e) Mission. The mission of the Special Task Force shall be to
conduct a comprehensive review of the lawful options available to the
Federal Government with respect to the apprehension, detention, trial,
transfer, release, or other disposition of individuals captured or
apprehended in connection with armed conflicts and counterterrorism
operations, and to identify such options as are consistent with the
national security and foreign policy interests of the United States and
the interests of justice.
(f) Administration. The Special Task Force shall be established for
administrative purposes within the Department of Justice, and the
Department of Justice shall, to the extent permitted by law and subject
to the availability of appropriations, provide administrative support
and funding for the Special Task Force.
(g) Report. The Special Task Force shall provide a report to the
President, through the Assistant to the President for National Security
Affairs and the Counsel to the President, on the matters set forth in
subsection (d) within 180 days of the date of this order unless the Co-
Chairs determine that an extension is necessary, and shall provide
periodic preliminary reports during those 180 days.
(h) Termination. The Co-Chairs shall terminate the Special Task
Force upon the completion of its duties.
Sec. 2. General Provisions.
(a) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(b) 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
The White House,
January 22, 2009.
Executive Order 13494 of January 30, 2009
Economy in Government Contracting
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., it is hereby ordered
that:
Section 1. To promote economy and efficiency in Government contracting,
certain costs that are not directly related to the contractors'
provision of goods and services to the Government shall be unallowable
for payment, thereby directly reducing Government expenditures. This
order is also consistent with the policy of the United States to remain
impartial concerning any labor-management dispute involving Government
contractors. This order does not restrict the manner in which recipients
of Federal funds may expend those funds.
Sec. 2. It is the policy of the executive branch in procuring goods and
services that, to ensure the economical and efficient administration of
Government contracts, contracting departments and agencies, when they
enter into, receive proposals for, or make disbursements pursuant to a
contract as to which certain costs are treated as unallowable, shall
treat as unallowable the costs of any activities undertaken to persuade
employees--whether employees of the recipient of the Federal
disbursements or of any other entity--to exercise or not to exercise, or
concerning the manner of exercising, the right to organize and bargain
collectively through representatives of the employees' own choosing.
Such unallowable costs shall be excluded from any billing, claim,
proposal, or disbursement applicable to any such Federal Government
contract.
Sec. 3. Notwithstanding section 2 of this order, contracting departments
and agencies shall treat as allowable costs incurred in maintaining
satisfactory relations between the contractor and its employees,
including costs of labor-management committees, employee publications
(other than those undertaken to persuade employees to exercise or not to
exercise, or concerning the manner of exercising, the right to organize
and bargain collectively), and other related activities. See 48 C.F.R.
31.205-21.
Sec. 4. Examples of costs unallowable under section 2 of this order
include the costs of the following activities, when they are undertaken
to persuade employees to exercise or not to exercise, or concern the
manner of exercising, rights to organize and bargain collectively:
(a) preparing and distributing materials;
(b) hiring or consulting legal counsel or consultants;
(c) holding meetings (including paying the salaries of the attendees
at meetings held for this purpose); and
(d) planning or conducting activities by managers, supervisors, or
union representatives during work hours.
Sec. 5. Within 150 days of the effective date of this order, the Federal
Acquisition Regulatory Council (FAR Council) shall adopt such rules and
regulations and issue such orders as are deemed necessary and
appropriate to carry out this order. Such rules, regulations, and orders
shall minimize the costs of compliance for contractors and shall not
interfere with the ability of contractors to engage in advocacy through
activities for which they do not claim reimbursement.
Sec. 6. Each contracting department or agency shall cooperate with the
FAR Council and provide such information and assistance as the FAR
Council may require in the performance of its functions under this
order.
Sec. 7. (a) This order shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(b) 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.
Sec. 8. This order shall become effective immediately, and shall apply
to contracts resulting from solicitations issued on or after the
effective date of the action taken by the FAR Council under section 5 of
this order.
BARACK OBAMA
The White House,
January 30, 2009.
Executive Order 13495 of January 30, 2009
Nondisplacement of Qualified Workers Under Service Contracts
When a service contract expires, and a follow-on contract is awarded for
the same service, at the same location, the successor contractor or its
subcontractors often hires the majority of the predecessor's employees.
On some occasions, however, a successor contractor or its subcontractors
hires a new work force, thus displacing the predecessor's employees.
The Federal Government's procurement interests in economy and efficiency
are served when the successor contractor hires the predecessor's
employees. A carryover work force reduces disruption to the delivery of
services during the period of transition between contractors and
provides the Federal Government the benefits of an experienced and
trained work force that is familiar with the Federal Government's
personnel, facilities, and requirements.
Therefore, 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 in order to promote economy and efficiency in Federal Government
procurement, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the Federal Government that
service contracts and solicitations for such contracts shall include a
clause that requires the contractor, and its subcontractors, under a
contract that succeeds a contract for performance of the same or similar
services at the same location, to offer those employees (other than
managerial and supervisory employees) employed under the predecessor
contract whose employment will be terminated as a result of the award of
the successor contract, a right of first refusal of employment under the
contract in positions for which they are qualified. There shall be no
employment openings under the contract until such right of first refusal
has been provided. Nothing in this order shall be construed to permit a
contractor or subcontractor to fail to comply with any provision of any
other Executive Order or law of the United States.
Sec. 2. Definitions.
(a) ``Service contract'' or ``contract'' means any contract or
subcontract for services entered into by the Federal Government or its
contractors that is covered by the Service Contract Act of 1965, as
amended, 41 U.S.C. 351 et seq., and its implementing regulations.
(b) ``Employee'' means a service employee as defined in the Service
Contract Act of 1965, 41 U.S.C. 357(b).
Sec. 3. Exclusions. This order shall not apply to:
(a) contracts or subcontracts under the simplified acquisition
threshold as defined in 41 U.S.C. 403;
(b) contracts or subcontracts awarded pursuant to the Javits-Wagner-
O'Day Act, 41 U.S.C. 46-48c;
(c) guard, elevator operator, messenger, or custodial services
provided to the Federal Government under contracts or subcontracts with
sheltered workshops employing the severely handicapped as described in
section 505 of the Treasury, Postal Services and General Government
Appropriations Act, 1995, Public Law 103-329;
(d) agreements for vending facilities entered into pursuant to the
preference regulations issued under the Randolph-Sheppard Act, 20 U.S.C.
107; or
(e) employees who were hired to work under a Federal service
contract and one or more nonfederal service contracts as part of a
single job, provided that the employees were not deployed in a manner
that was designed to avoid the purposes of this order.
Sec. 4. Authority to Exempt Contracts. If the head of a contracting
department or agency finds that the application of any of the
requirements of this order would not serve the purposes of this order or
would impair the ability of the Federal Government to procure services
on an economical and efficient basis, the head of such department or
agency may exempt its department or agency from the requirements of any
or all of the provisions of this order with respect to a particular
contract, subcontract, or purchase order or any class of contracts,
subcontracts, or purchase orders.
Sec. 5. Contract Clause. The following contract clause shall be included
in solicitations for and service contracts that succeed contracts for
performance of the same or similar work at the same location:
``NONDISPLACEMENT OF QUALIFIED WORKERS
``(a) Consistent with the efficient performance of this contract,
the contractor and its subcontractors shall, except as otherwise
provided herein, in good faith offer those employees (other than
managerial and supervisory employees) employed under the predecessor
contract whose employment will be terminated as a result of award of
this contract or the expiration of the contract under which the
employees were hired, a right of first refusal of employment under this
contract in positions for which employees are qualified. The contractor
and its subcontractors shall determine the number of employees necessary
for efficient performance of this contract and may elect to employ fewer
employees than the predecessor contractor employed in connection with
performance of the work. Except as provided in paragraph (b) there shall
be no employment opening under this contract, and the contractor and any
subcontractors shall not offer employment under this contract, to any
person prior to having complied fully with this obligation. The
contractor and its subcontractors shall make an express offer of
employment to each employee as provided herein and shall state the time
within which the employee must accept such offer, but in no case shall
the period within which the employee must accept the offer of employment
be less than 10 days.
``(b) Notwithstanding the obligation under paragraph (a) above, the
contractor and any subcontractors (1) may employ under this contract any
employee who has worked for the contractor or subcontractor for at least
3 months immediately preceding the commencement of this contract and who
would otherwise face lay-off or discharge, (2) are not required to offer
a right of first refusal to any employee(s) of the predecessor
contractor who are not service employees within the meaning of the
Service Contract Act of 1965, as amended, 41 U.S.C. 357(b), and (3) are
not required to offer a right of first refusal to any employee(s) of the
predecessor contractor whom the contractor or any of its subcontractors
reasonably believes, based on the particular employee's past
performance, has failed to perform suitably on the job.
``(c) In accordance with Federal Acquisition Regulation 52.222-
41(n), the contractor shall, not less than 10 days before completion of
this contract, furnish the Contracting Officer a certified list of the
names of all service employees working under this contract and its
subcontracts during the last month of contract performance. The list
shall also contain anniversary dates of employment of each service
employee under this contract and its predecessor contracts either with
the current or predecessor contractors or their subcontractors. The
Contracting Officer will provide the list to the successor contractor,
and the list shall be provided on request to employees or their
representatives.
``(d) If it is determined, pursuant to regulations issued by the
Secretary of Labor (Secretary), that the contractor or its
subcontractors are not in compliance with the requirements of this
clause or any regulation or order of the Secretary, appropriate
sanctions may be imposed and remedies invoked against the contractor or
its subcontractors, as provided in Executive Order (No.) --------------,
the regulations, and relevant orders of the Secretary, or as otherwise
provided by law.
``(e) In every subcontract entered into in order to perform services
under this contract, the contractor will include provisions that ensure
that each subcontractor will honor the requirements of paragraphs (a)
through (b) with respect to the employees of a predecessor subcontractor
or subcontractors working under this contract, as well as of a
predecessor contractor and its subcontractors. The subcontract shall
also include provisions to ensure that the subcontractor will provide
the contractor with the information about the employees of the
subcontractor needed by the contractor to comply with paragraph 5(c),
above. The contractor will take such action with respect to any such
subcontract as may be directed by the Secretary as a means of enforcing
such provisions, including the imposition of sanctions for non-
compliance: provided, however, that if the contractor, as a result of
such direction, becomes involved in litigation with a subcontractor, or
is threatened with such involvement, the contractor may request that the
United States enter into such litigation to protect the interests of the
United States.''
Sec. 6. Enforcement. (a) The Secretary of Labor (Secretary) is
responsible for investigating and obtaining compliance with this order.
In such proceedings, the Secretary shall have the authority to issue
final orders prescribing appropriate sanctions and remedies, including,
but not limited to, orders requiring employment and payment of wages
lost. The Secretary also may provide that where a contractor or
subcontractor has failed to comply with any order of the Secretary or
has committed willful violations of this order or the regulations issued
pursuant thereto, the contractor or subcontractor, and its responsible
officers, and any firm in which the contractor or subcontractor has a
substantial interest, shall be ineligible to be awarded any contract of
the United States for a period of up to 3 years. Neither an order for
debarment of any contractor or subcontractor from further Government
contracts under this section nor the inclusion of a contractor or
subcontractor on a published list of noncomplying contractors shall be
carried out without affording the contractor or subcontractor an
opportunity for a hearing.
(b) This order creates no rights under the Contract Disputes Act,
and disputes regarding the requirement of the contract clause prescribed
by section 5 of this order, to the extent permitted by law, shall be
disposed of only as provided by the Secretary in regulations issued
under this order. To the extent practicable, such regulations shall
favor the resolution of disputes by efficient and informal alternative
dispute resolution methods. The Secretary shall, in consultation with
the Federal Acquisition Regulatory Council, issue regulations, within
180 days of the date of this order, to the extent permitted by law, to
implement the requirements of this order. The Federal Acquisition
Regulatory Council shall issue, within 180 days of the date of this
order, to the extent permitted by law, regulations in the Federal
Acquisition Regulation to provide for inclusion of the contract clause
in Federal solicitations and contracts subject to this order.
Sec. 7. Revocation. Executive Order 13204 of February 17, 2001, is
revoked.
Sec. 8. Severability. If any provision of this order, or the application
of such provision or amendment to any person or circumstance, is held to
be invalid, the remainder of this order and the application of the
provisions of such to any person or circumstances shall not be affected
thereby.
Sec. 9. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to an executive department, agency, or the
head thereof; or
(ii) 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. This
order is not intended, however, to preclude judicial review of final
decisions by the Secretary in accordance with the Administrative
Procedure Act, 5 U.S.C. 701 et seq.
Sec. 10. 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 Federal Acquisition Regulatory Council under
section 6(b) of this order.
BARACK OBAMA
The White House,
January 30, 2009.
Executive Order 13496 of January 30, 2009
Notification of Employee Rights Under Federal Labor Laws
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 in order to
ensure the economical and efficient administration and completion of
Government contracts, it is hereby ordered that:
Section 1. Policy. This order is designed to promote economy and
efficiency in Government procurement. When the Federal Government
contracts for goods or services, it has a proprietary interest in
ensuring that those contracts will be performed by contractors whose
work will not be interrupted by labor unrest. The attainment of
industrial peace is most easily achieved and workers' productivity is
enhanced when workers are well informed of their rights under Federal
labor laws, including the National Labor Relations Act (Act), 29 U.S.C.
151 et seq. As the Act recognizes, ``encouraging the practice and
procedure of collective bargaining and . . . protecting the exercise by
workers of full freedom of association, self-organization, and
designation of representatives of their own choosing, for the purpose of
negotiating the terms and conditions of their employment or other mutual
aid or protection'' will ``eliminate the causes of certain substantial
obstructions to the free flow of commerce'' and ``mitigate and eliminate
these obstructions when they have occurred.'' 29 U.S.C. 151. Relying on
contractors whose employees are informed of such rights under Federal
labor laws facilitates the efficient and economical completion of the
Federal Government's contracts.
Sec. 2. Contract Clause. Except in contracts exempted in accordance with
section 3 of this order, all Government contracting departments and
agencies shall, to the extent consistent with law, include the following
provisions in every Government contract, other than collective
bargaining agreements as defined in 5 U.S.C. 7103(a)(8) and purchases
under the simplified acquisition threshold as defined in the Office of
Federal Procurement Policy Act, 41 U.S.C. 403.
``1. During the term of this contract, the contractor agrees to post a
notice, of such size and in such form, and containing such content as
the Secretary of Labor shall prescribe, in conspicuous places in and
about its plants and offices where employees covered by the National
Labor Relations Act engage in activities relating to the performance of
the contract, including all places where notices to employees are
customarily posted both physically and electronically. The notice shall
include the information contained in the notice published by the
Secretary of Labor in the Federal Register (Secretary's Notice).
``2. The contractor will comply with all provisions of the
Secretary's Notice, and related rules, regulations, and orders of the
Secretary of Labor.
``3. In the event that the contractor does not comply with any of
the requirements set forth in paragraphs (1) or (2) above, this contract
may be cancelled, terminated, or suspended in whole or in part, and the
contractor may be declared ineligible for further Government contracts
in accordance with procedures authorized in or adopted pursuant to
Executive Order [number as provided by the Federal Register] of [insert
new date]. Such other sanctions or remedies may be imposed as are
provided in Executive Order [number as provided by the Federal Register]
of [insert new date], or by rule, regulation, or order of the Secretary
of Labor, or as are otherwise provided by law.
``4. The contractor will include the provisions of paragraphs (1)
through (3) above in every subcontract entered into in connection with
this contract (unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 3 of Executive Order
[number as provided by the Federal Register] of [insert new date]) so
that such provisions will be binding upon each subcontractor. The
contractor will take such action with respect to any such subcontract as
may be directed by the Secretary of Labor as a means of enforcing such
provisions, including the imposition of sanctions for non-compliance:
Provided, however, that if the contractor becomes involved in litigation
with a subcontractor, or is threatened with such involvement, as a
result of such direction, the contractor may request the United States
to enter into such litigation to protect the interests of the United
States.''
Sec. 3. Administration.
(a) The Secretary of Labor (Secretary) shall be responsible for the
administration and enforcement of this order. The Secretary shall adopt
such rules and regulations and issue such orders as are necessary and
appropriate to achieve the purposes of this order.
(b) Within 120 days of the effective date of this order, the
Secretary shall initiate a rulemaking to prescribe the size, form, and
content of the notice to be posted by a contractor under paragraph 1 of
the contract clause described in section 2 of this order. Such notice
shall describe the rights of employees under Federal labor laws,
consistent with the policy set forth in section 1 of this order.
(c) Whenever the Secretary finds that an act of Congress,
clarification of existing law by the courts or the National Labor
Relations Board, or other circumstances make modification of the
contractual provisions set out in subsection (a) of this section
necessary to achieve the purposes of this order, the Secretary promptly
shall issue such rules, regulations, or orders as are needed to cause
the substitution or addition of appropriate contractual provisions in
Government contracts thereafter entered into.
Sec. 4. Exemptions. (a) If the Secretary finds that the application of
any of the requirements of this order would not serve the purposes of
this order or would impair the ability of the Government to procure
goods or services on an economical and efficient basis, the Secretary
may exempt a contracting department or agency or group of departments or
agencies from the requirements of any or all of the provisions of this
order with respect to a particular contract or subcontract or any class
of contracts or subcontracts.
(b) The Secretary may, if the Secretary finds that special
circumstances require an exemption in order to serve the national
interest, exempt a contracting department or agency from the
requirements of any or all of the provisions of section 2 of this order
with respect to a particular contract or subcontract or class of
contracts or subcontracts.
Sec. 5. Investigation.
(a) The Secretary may investigate any Government contractor,
subcontractor, or vendor to determine whether the contractual provisions
required by section 2 of this order have been violated.
Such investigations shall be conducted in accordance with procedures
established by the Secretary.
(b) The Secretary shall receive and investigate complaints by
employees of a Government contractor or subcontractor, where such
complaints allege a failure to perform or a violation of the contractual
provisions required by section 2 of this order.
Sec. 6. Compliance.
(a) The Secretary, or any agency or officer in the executive branch
lawfully designated by rule, regulation, or order of the Secretary, may
hold such hearings, public or private, regarding compliance with this
order as the Secretary may deem advisable.
(b) The Secretary may hold hearings, or cause hearings to be held,
in accordance with subsection (a) of this section, prior to imposing,
ordering, or recommending the imposition of sanctions under this order.
Neither an order for cancellation, termination, or suspension of any
contract or debarment of any contractor from further Government
contracts under section 7(b) of this order nor the inclusion of a
contractor on a published list of noncomplying contractors under section
7(c) of this order shall be carried out without affording the contractor
an opportunity for a hearing.
Sec. 7. Remedies. In accordance with such rules, regulations, or orders
as the Secretary may issue or adopt, the Secretary may:
(a) after consulting with the contracting department or agency,
direct that department or agency to cancel, terminate, suspend, or cause
to be cancelled, terminated, or suspended, any contract, or any portion
or portions thereof, for failure of the contractor to comply with the
contractual provisions required by section 2 of this order; contracts
may be cancelled, terminated, or suspended absolutely, or continuance of
contracts may be conditioned upon future compliance: Provided, that
before issuing a directive under this subsection, the Secretary shall
provide the head of the contracting department or agency an opportunity
to offer written objections to the issuance of such a directive, which
objections shall include a complete statement of reasons for the
objections, among which reasons shall be a finding that completion of
the contract is essential to the agency's mission: And provided further,
that no directive shall be issued by the Secretary under this subsection
so long as the head of the contracting department or agency, or his or
her designee, continues to object to the issuance of such directive;
(b) after consulting with each affected contracting department or
agency, provide that one or more contracting departments or agencies
shall refrain from entering into further contracts, or extensions or
other modifications of existing contracts, with any noncomplying
contractor, until such contractor has satisfied the Secretary that such
contractor has complied with and will carry out the provisions of this
order: Provided, that before issuing a directive under this subsection,
the Secretary shall provide the head of each contracting department or
agency an opportunity to offer written objections to the issuance of
such a directive, which objections shall include a complete statement of
reasons for the objections, among which reasons shall be a finding that
further contracts or extensions or other modifications of existing
contracts with the noncomplying contractor are essential to the agency's
mission: And provided further, that no directive shall be issued by the
Secretary under this subsection so long as the head of a contracting
department or agency, or his or her designee, continues to object to the
issuance of such directive; and
(c) publish, or cause to be published, the names of contractors that
have, in the judgment of the Secretary, failed to comply with the
provisions of this order or of related rules, regulations, and orders of
the Secretary.
Sec. 8. Reports. Whenever the Secretary invokes section 7(a) or 7(b) of
this order, the contracting department or agency shall report to the
Secretary the results of the action it has taken within such time as the
Secretary shall specify.
Sec. 9. Cooperation. Each contracting department and agency shall
cooperate with the Secretary and provide such information and assistance
as the Secretary may require in the performance of the Secretary's
functions under this order.
Sec. 10. Sufficiency of Remedies. If the Secretary finds that the
authority vested in the Secretary by sections 5 through 9 of this order
is not sufficient to effectuate the purposes of this order, the
Secretary shall develop recommendations on how better to effectuate
those purposes.
Sec. 11. Delegation. The Secretary may, in accordance with law, delegate
any function or duty of the Secretary under this order to any officer in
the Department of Labor or to any other officer in the executive branch
of the Government, with the consent of the head of the department or
agency in which that officer serves.
Sec. 12. Implementation. To the extent permitted by law, the Federal
Acquisition Regulatory Council (FAR Council) shall take whatever action
is required to implement in the Federal Acquisition Regulation (FAR) the
provisions of this order and any related rules, regulations, or orders
issued by the Secretary under this order and shall amend the FAR to
require each solicitation of offers for a contract to include a
provision that implements section 2 of this order.
Sec. 13. Revocation of Prior Order and Actions. Executive Order 13201 of
February 17, 2001, is revoked. The heads of executive departments and
agencies shall, to the extent permitted by law, revoke expeditiously any
orders, rules, regulations, guidelines, or policies implementing or
enforcing Executive Order 13201.
Sec. 14. Severability. If any provision of this order, or the
application of such provision to any person or circumstance, is held to
be invalid, the remainder of this order and the application of the
provisions of such to any person or circumstances shall not be affected
thereby.
Sec. 15. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to a department, agency, or the head
thereof; or
(ii) 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.
Sec. 16. Effective Date. This order shall become effective immediately,
and shall apply to contracts resulting from solicitations issued on or
after the effective date of the rule promulgated by the Secretary
pursuant to section 3(b) of this order.
BARACK OBAMA
The White House,
January 30, 2009.
Executive Order 13497 of January 30, 2009
Revocation of Certain Executive Orders Concerning Regulatory Planning
and Review
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered that:
Section 1. Executive Order 13258 of February 26, 2002, and Executive
Order 13422 of January 18, 2007, concerning regulatory planning and
review, which amended Executive Order 12866 of September 30, 1993, are
revoked.
Sec. 2. The Director of the Office of Management and Budget and the
heads of executive departments and agencies shall promptly rescind any
orders, rules, regulations, guidelines, or policies implementing or
enforcing Executive Order 13258 or Executive Order 13422, to the extent
consistent with law.
Sec. 3. 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
The White House,
January 30, 2009.
Executive Order 13498 of February 5, 2009
Amendments to Executive Order 13199 and Establishment of the President's
Advisory Council for Faith-Based and Neighborhood Partnerships
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to strengthen the
ability of faith-based and other neighborhood organizations to deliver
services effectively in partnership with Federal, State, and local
governments and with other private organizations, while preserving our
fundamental constitutional commitments, it is hereby ordered:
Section 1. Amendments to Executive Order. Executive Order 13199 of
January 29, 2001 (Establishment of White House Office of Faith-Based and
Community Initiatives), is hereby amended:
(a) by striking section 1, and inserting in lieu thereof the
following:
``Section 1. Policy. Faith-based and other neighborhood organizations
are vital to our Nation's ability to address the needs of low-income and
other underserved persons and communities. The American people are key
drivers of fundamental change in our country, and few institutions are
closer to the people than our faith-based and other neighborhood
organizations. It is critical that the Federal Government strengthen the
ability of such organizations and other nonprofit providers in our
neighborhoods to deliver services effectively in partnership with Federal,
State, and local governments and with other private organizations, while
preserving our fundamental constitutional commitments guaranteeing the
equal protection of the laws and the free exercise of religion and
forbidding the establishment of religion. The Federal Government can
preserve these fundamental commitments while empowering faith-based and
neighborhood organizations to deliver vital services in our communities,
from providing mentors and tutors to school children to giving ex-offenders
a second chance at work and a responsible life to ensuring that families
are fed. The Federal Government must also ensure that any organization
receiving taxpayers' dollars must be held accountable for its performance.
Through rigorous evaluation, and by offering technical assistance, the
Federal Government must ensure that organizations receiving Federal funds
achieve measurable results in furtherance of valid public purposes.''
(b) by substituting ``White House Office of Faith-Based and
Neighborhood Partnerships'' for ``White House Office of Faith-Based and
Community Initiatives'' each time it appears in the order; and by
substituting ``Office'' for ``White House OFBCI'' each time it appears
in the order.
(c) in section 3, by inserting after subsection (b) the following
new subsections:
``(c) to ensure that services paid for with Federal Government funds are
provided in a manner consistent with fundamental constitutional commitments
guaranteeing the equal protection of the laws and the free exercise of
religion and prohibiting laws respecting an establishment of religion;
(d) to promote effective training for persons providing federally funded
social services in faith-based and neighborhood organizations;
(e) to promote the better use of program evaluation and research, in order
to ensure that organizations deliver services as specified in grant
agreements, contracts, memoranda of understanding, and other
arrangements;'',
and renumbering the subsequent subsections of section 3 accordingly.
(d) in section 4, by striking the first sentence of subsection (b),
and inserting in lieu thereof the following: ``The Office shall have a
staff to be headed by the Special Assistant to the President and
Executive Director of the White House Office of Faith-Based and
Neighborhood Partnerships (Executive Director).''
Sec. 2. President's Advisory Council on Faith-Based and Neighborhood
Partnerships. (a) Establishment. There is established within the
Executive Office of the President the President's Advisory Council on
Faith-Based and Neighborhood Partnerships (Council).
(b) Mission. The Council shall bring together leaders and experts in
fields related to the work of faith-based and neighborhood organizations
in order to: identify best practices and successful modes of delivering
social services; evaluate the need for improvements in the
implementation and coordination of public policies relating to faith-
based and other neighborhood organizations; and make recommendations to
the President, through the Executive Director, for changes in policies,
programs, and practices that affect the delivery of services by such
organizations and the needs of low-income and other underserved persons
in communities at home and around the world.
(c) Membership. (1) The Council shall be composed of not more than
25 members appointed by the President from among individuals who are not
officers or employees of the Federal Government. The members shall be
persons with experience and expertise in fields related to the provision
of social services by faith-based and other neighborhood organizations.
(2) Members of the Council shall serve for terms of 1 year, and may
continue to serve after the expiration of their terms until the President
appoints a successor. Members shall be eligible for reappointment and serve
at the pleasure of the President during their terms.
(3) The President shall designate a member of the Council to serve as
Chair for a term of 1 year at the pleasure of the President. The Chair may
continue to serve after the expiration of the Chair's term and shall be
eligible for redesignation by the President.
(4) The Executive Director of the White House Office of Faith-Based and
Neighborhood Partnerships shall also serve as Executive Director of the
Council.
(5) The Council shall have a staff headed by the Executive Director.
(d) Administration. (1) Upon the request of the Chair, with the
approval of the Executive Director, the heads of executive departments
and agencies shall, to the extent permitted by law, provide the Council
with information it needs for purposes of carrying out its mission.
(2) With the approval of the Executive Director, the Council may request
and collect information, hold hearings, establish subcommittees, and
establish task forces consisting of members of the Council or other
individuals who are not officers or employees of the Federal Government, as
necessary to carry out its mission.
(3) With the approval of the Executive Director, the Council may conduct
analyses and develop reports or other materials as necessary to perform its
mission.
(4) Members of the Council shall serve without compensation, but shall be
allowed travel expenses, including per diem in lieu of subsistence, as
authorized by law for persons serving intermittently in Government service
(5 U.S.C. 5701-5707) to the extent funds are available.
(5) To the extent permitted by law, and subject to the availability of
appropriations, the Department of Health and Human Services shall provide
the Council with administrative support and with such funds as may be
necessary for the performance of the Council's functions.
(e) General Provisions. (1) Insofar as the Federal Advisory
Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the
Council, any functions of the President under that Act, except for those
in section 6 of the Act, shall be performed by the Secretary of Health
and Human Services in accordance with guidelines issued by the
Administrator of General Services.
(2) The Council shall terminate 2 years from the date of this order
unless extended by the President.
Sec. 3. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(1) authority granted by law to a department, agency, or the head
thereof; or
(2) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) In order to ensure that Federal programs and practices involving
grants or contracts to faith-based organizations are consistent with
law, the Executive Director, acting through the Counsel to the
President, may seek the opinion of the Attorney General on any
constitutional and statutory questions involving existing or prospective
programs and practices.
(d) 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
The White House,
February 5, 2009.
Executive Order 13499 of February 5, 2009
Further Amendments to Executive Order 12835, Establishment of the
National Economic Council
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Executive Order 12835 of January 25, 1993, as amended, is further
amended by:
(a) inserting ``(l) Secretary of Health and Human Services; (m)
Secretary of Education; (n) Senior Advisor and Assistant to the
President for Intergovernmental Affairs and Public Liaison; (o)
Assistant to the President for Energy and Climate Change; (p) Assistant
to the President and Chief Technology Officer; (q) Administrator of the
Small Business Administration'' after ``(k) Secretary of Homeland
Security;'' in section 2; and
(b) relettering the subsequent subsections in section 2 appropriately.
BARACK OBAMA
The White House,
February 5, 2009.
Executive Order 13500 of February 5, 2009
Further Amendments to Executive Order 12859, Establishment of the
Domestic Policy Council
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Executive Order 12859 of August 16, 1993, as amended, is further amended
by making the following revisions in section 2:
(a) striking ``(u) Assistant to the President and Director of the Office
of National Service;'' and inserting in lieu thereof ``(u) Senior
Advisor and Assistant to the President for Intergovernmental Affairs and
Public Liaison;'';
(b) striking ``(v) Senior Advisor to the President for Policy
Development;'' and inserting in lieu thereof ``(v) Assistant to the
President for Energy and Climate Change;'';
(c) striking ``(x) AIDS Policy Coordinator; and'' and inserting in lieu
thereof ``(x) Assistant to the President and Chief Technology
Officer;'';
(d) inserting ``(y) Chief Executive Officer, Corporation for National
and Community Service'' and ``(z) Director of the Office of Science and
Technology Policy; and''; and
(e) relettering the subsequent subsection in section 2 as ``(aa)''.
BARACK OBAMA
The White House,
February 5, 2009.
Executive Order 13501 of February 6, 2009
Establishment of the President's Economic Recovery Advisory Board
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to enhance the
strength and competitiveness of the Nation's economy and the prosperity
of the American people by ensuring the availability of independent,
nonpartisan information, analysis, and advice to the President as he
formulates and implements his plans for economic recovery, it is hereby
ordered as follows:
Section 1. There is hereby established within the Department of the
Treasury the President's Economic Recovery Advisory Board (PERAB). The
PERAB shall consist of not more than 17 members, who shall be appointed
by the President from among distinguished citizens from outside the
Government who are qualified on the basis of achievement, experience,
independence, and integrity. The overall membership of the PERAB shall
reflect a diverse set of perspectives from across the country and from
various sectors of the economy. The President shall designate a Chair
from among the members. The Chair shall appoint a Staff Director, who
shall supervise the staff of the PERAB.
Sec. 2. The functions of the PERAB are advisory only. The PERAB shall
meet regularly and shall:
(a) solicit information and ideas from across the country and from
all sectors of our economy about the functioning of the economy, the
condition of the financial and banking system, and the prosperity of the
American people and of American industry that can serve to inform the
decisionmaking of the President, and, with respect to matters deemed
appropriate by the President, provide information and recommendations to
any other agency with responsibilities related to the economy or
financial markets or to the National Economic Council;
(b) report directly to the President on the design, implementation,
and evaluation of policies to promote the growth of the American
economy, establish a stable and sound financial and banking system,
create jobs, and improve the long-term prosperity of the American
people; and
(c) provide analysis and information with respect to the operation,
regulation, and healthy functioning of the economy and of the financial
and banking system. As deemed appropriate by the President, this
analysis and information shall be provided to the Chairman of the Board
of Governors of the Federal Reserve System, to any other agency with
responsibilities related to the economy or financial markets, or to the
National Economic Council.
Sec. 3. Administration of the PERAB. (a) All executive departments and
agencies and all entities within the Executive Office of the President
shall cooperate with the PERAB and provide such information and
assistance to the PERAB as the PERAB may request, to the extent
permitted by law.
(b) The Department of the Treasury shall provide funding and
administrative support for the PERAB to the extent permitted by law and
within existing appropriations.
(c) Members of the PERAB shall serve without compensation but may
receive transportation expenses, including per diem in lieu of
subsistence, as authorized by law for persons serving intermittently in
the Government (5 U.S.C. 5701-5707), consistent with the availability of
funds.
Sec. 4. Termination. The PERAB shall terminate 2 years after the date of
this order unless extended by the President.
Sec. 5. General Provisions. (a) Insofar as the Federal Advisory
Committee Act, as amended (5 U.S.C. App.) (the ``Act''), may apply to
the PERAB, any functions of the President under the Act, except for
those in section 6 of the Act, shall be performed by the Secretary of
the Treasury in accordance with the guidelines that have been issued by
the Administrator of General Services.
(b) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to a department or agency,or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(d) 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
The White House,
February 6, 2009.
Executive Order 13502 of February 6, 2009
Use of Project Labor Agreements for Federal Construction Projects
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 in order to
promote the efficient administration and completion of Federal
construction projects, it is hereby ordered that:
Section 1. Policy. (a) Large-scale construction projects pose special
challenges to efficient and timely procurement by the Federal
Government. Construction employers typically do not have a permanent
workforce, which makes it difficult for them to predict labor costs when
bidding on contracts and to ensure a steady supply of labor on contracts
being performed. Challenges also arise due to the fact that construction
projects typically involve multiple employers at a single location. A
labor dispute involving one employer can delay the entire project. A
lack of coordination among various employers, or uncertainty about the
terms and conditions of employment of various groups of workers, can
create frictions and disputes in the absence of an agreed-upon
resolution mechanism. These problems threaten the efficient and timely
completion of construction projects undertaken by Federal contractors.
On larger projects, which are generally more complex and of longer
duration, these problems tend to be more pronounced.
(b) The use of a project labor agreement may prevent these problems
from developing by providing structure and stability to large-scale
construction projects, thereby promoting the efficient and expeditious
completion of Federal construction contracts. Accordingly, it is the
policy of the Federal Government to encourage executive agencies to
consider requiring the use of project labor agreements in connection
with large-scale construction projects in order to promote economy and
efficiency in Federal procurement.
Sec. 2. Definitions.
(a) The term ``labor organization'' as used in this order means a
labor organization as defined in 29 U.S.C. 152(5).
(b) The term ``construction'' as used in this order means
construction, rehabilitation, alteration, conversion, extension, repair,
or improvement of buildings, highways, or other real property.
(c) The term ``large-scale construction project'' as used in this
order means a construction project where the total cost to the Federal
Government is $25 million or more.
(d) The term ``executive agency'' as used in this order has the same
meaning as in 5 U.S.C. 105, but excludes the Government Accountability
Office.
(e) The term ``project labor agreement'' as used in this order means
a pre-hire collective bargaining agreement with one or more labor
organizations that establishes the terms and conditions of employment
for a specific construction project and is an agreement described in 29
U.S.C. 158(f).
Sec. 3. (a) In awarding any contract in connection with a large-scale
construction project, or obligating funds pursuant to such a contract,
executive agencies may, on a project-by-project basis, require the use
of a project labor agreement by a contractor where use of such an
agreement will (i) advance the Federal Government's interest in
achieving economy and efficiency in Federal procurement, producing
labor-management stability, and ensuring compliance with laws and
regulations governing safety and health, equal employment opportunity,
labor and employment standards, and other matters, and (ii) be
consistent with law.
(b) If an executive agency determines under subsection (a) that the
use of a project labor agreement will satisfy the criteria in clauses
(i) and (ii) of that subsection, the agency may, if appropriate, require
that every contractor or subcontractor on the project agree, for that
project, to negotiate or become a party to a project labor agreement
with one or more appropriate labor organizations.
Sec. 4. Any project labor agreement reached pursuant to this order
shall:
(a) bind all contractors and subcontractors on the Construction
project through the inclusion of appropriate specifications in all
relevant solicitation provisions and contract documents;
(b) allow all contractors and subcontractors to compete for
contracts and subcontracts without regard to whether they are otherwise
parties to collective bargaining agreements;
(c) contain guarantees against strikes, lockouts, and similar job
disruptions;
(d) set forth effective, prompt, and mutually binding procedures for
resolving labor disputes arising during the project labor agreement;
(e) provide other mechanisms for labor-management cooperation on
matters of mutual interest and concern, including productivity, quality
of work, safety, and health;and
(f) fully conform to all statutes, regulations, and Executive
Orders.
Sec. 5. This order does not require an executive agency to use a project
labor agreement on any construction project, nor does it preclude the
use of a project labor agreement in circumstances not covered by this
order, including leasehold arrangements and projects receiving Federal
financial assistance. This order also does not require contractors or
subcontractors to enter into a project labor agreement with any
particular labor organization.
Sec. 6. Within 120 days of the date of this order, the Federal
Acquisition Regulatory Council (FAR Council), to the extent permitted by
law, shall take whatever action is required to amend the Federal
Acquisition Regulation to implement the provisions of this order.
Sec. 7. The Director of OMB, in consultation with the Secretary of Labor
and with other officials as appropriate, shall provide the President
within 180 days of this order, recommendations about whether broader use
of project labor agreements, with respect to both construction projects
undertaken under Federal contracts and construction projects receiving
Federal financial assistance, would help to promote the economical,
efficient, and timely completion of such projects.
Sec. 8. Revocation of Prior Orders, Rules, and Regulations. Executive
Order 13202 of February 17, 2001, and Executive Order 13208 of April 6,
2001, are revoked. The heads of executive agencies shall, to the extent
permitted by law, revoke expeditiously any orders, rules, or regulations
implementing Executive Orders 13202 and 13208.
Sec. 9. Severability. If any provision of this order, or the application
of such provision to any person or circumstance, is held to be invalid,
the remainder of this order and the application of the provisions of
such to any person or circumstance shall not be affected thereby.
Sec. 10. General. (a) Nothing in this order shall be construed to impair
or otherwise affect:
(i) authority granted by law to an executive department, agency, or the
head thereof; or
(ii) 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.
Sec. 11. Effective Date. This order shall be effective immediately and
shall apply to all solicitations for contracts issued on or after the
effective date of the action taken by the FAR Council under section 6 of
this order.
BARACK OBAMA
The White House,
February 6, 2009.
Executive Order 13503 of February 19, 2009
Establishment of the White House Office of Urban Affairs
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to take a coordinated
and comprehensive approach to developing and implementing an effective
strategy concerning urban America, it is hereby ordered as follows:
Section 1. Policy. About 80 percent of Americans live in urban areas,
and the economic health and social vitality of our urban communities are
critically important to the prosperity and quality of life for
Americans. Vibrant cities spawn innovation, economic growth, and
cultural enrichment through the businesses, universities, and civic,
cultural, religious, and nonprofit institutions they attract. Forward-
looking policies that encourage wise investment and development in our
urban areas will create employment and housing opportunities and make
our country more competitive, prosperous, and strong. In the past,
insufficient attention has been paid to the problems faced by urban
areas and to coordinating the many Federal programs that affect our
cities. A more comprehensive approach is needed, both to develop an
effective strategy for urban America and to coordinate the actions of
the many executive departments and agencies whose actions impact urban
life.
Sec. 2. Establishment. There is established within the Executive Office
of the President the White House Office of Urban Affairs (the
``Office'').
Sec. 3. Functions. The principal functions of the Office are, to the
extent permitted by law:
(a) to provide leadership for and coordinate the development of the
policy agenda for urban America across executive departments and
agencies;
(b) to coordinate all aspects of urban policy;
(c) to work with executive departments and agencies to ensure that
appropriate consideration is given by such departments and agencies to
the potential impact of their actions on urban areas;
(d) to work with executive departments and agencies, including the
Office of Management and Budget, to ensure that Federal Government
dollars targeted to urban areas are effectively spent on the highest-
impact programs; and
(e) to engage in outreach and work closely with State and local
officials, with nonprofit organizations, and with the private sector,
both in seeking input regarding the development of a comprehensive urban
policy and in ensuring that the implementation of Federal programs
advances the objectives of that policy.
Sec. 4. Coordination. In performing its functions, the Office shall work
closely with all relevant executive departments and agencies, and
offices and councils within the Executive Office of the President,
including but not limited to:
(a) the Department of the Treasury;
(b) the Department of Justice;
(c) the Department of Commerce;
(d) the Department of Labor;
(e) the Department of Health and Human Services;
(f) the Department of Housing and Urban Development;
(g) the Department of Transportation;
(h) the Department of Energy;
(i) the Department of Education; and
(j) the Environmental Protection Agency.
Sec. 5. Administration. (a) The Office may work with established or ad
hoc committees, task forces, and interagency groups.
(b) The Office shall have a staff headed by the Deputy Assistant to
the President and Director of Urban Affairs (Director). The Director
shall report jointly to the Assistant to the President for
Intergovernmental Affairs and Public Liaison and to the Assistant to the
President for Domestic Policy. The Office shall have such staff and
other assistance as may be necessary to carry out the provisions of this
order.
(c) All executive departments and agencies shall cooperate with the
Office and provide such information, support, and assistance to the
Office as the Director may request, to the extent permitted by law.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to a department, agency, or the head
thereof; or
(ii) 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
The White House,
February 19, 2009.
Executive Order 13504 of February 20, 2009
Amending Executive Order 13390
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C.
5121-5206), and in order to extend the work of the Coordinator of
Federal Support for the Recovery and Rebuilding of the Gulf Coast
Region, Executive Order 13390 of November 1, 2005, as amended, is
further amended by striking ``February 28, 2009'' and inserting in lieu
thereof ``September 30, 2009''.
BARACK OBAMA
The White House,
February 20, 2009.
Executive Order 13505 of March 9, 2009
Removing Barriers to Responsible Scientific Research Involving Human
Stem Cells
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. Research involving human embryonic stem cells and
human non-embryonic stem cells has the potential to lead to better
understanding and treatment of many disabling diseases and conditions.
Advances over the past decade in this promising scientific field have
been encouraging, leading to broad agreement in the scientific community
that the research should be supported by Federal funds.
For the past 8 years, the authority of the Department of Health and
Human Services, including the National Institutes of Health (NIH), to
fund and conduct human embryonic stem cell research has been limited by
Presidential actions. The purpose of this order is to remove these
limitations on scientific inquiry, to expand NIH support for the
exploration of human stem cell research, and in so doing to enhance the
contribution of America's scientists to important new discoveries and
new therapies for the benefit of humankind.
Sec. 2. Research. The Secretary of Health and Human Services
(Secretary), through the Director of NIH, may support and conduct
responsible, scientifically worthy human stem cell research, including
human embryonic stem cell research, to the extent permitted by law.
Sec. 3. Guidance. Within 120 days from the date of this order, the
Secretary, through the Director of NIH, shall review existing NIH
guidance and other widely recognized guidelines on human stem cell
research, including provisions establishing appropriate safeguards, and
issue new NIH guidance on such research that is consistent with this
order. The Secretary, through NIH, shall review and update such guidance
periodically, as appropriate.
Sec. 4. General Provisions. (a) This order shall be implemented
consistent with applicable law and subject to the availability of
appropriations.
(b) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to an executive department, agency, or the
head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(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.
Sec. 5. Revocations. (a) The Presidential statement of August 9, 2001,
limiting Federal funding for research involving human embryonic stem
cells, shall have no further effect as a statement of governmental
policy.
(b) Executive Order 13435 of June 20, 2007, which supplements the
August 9, 2001, statement on human embryonic stem cell research, is
revoked.
BARACK OBAMA
The White House,
March 9, 2009.
Executive Order 13506 of March 11, 2009
Establishing a White House Council on Women and Girls
By the authority vested in me as President by the Constitution and the
laws of the United States of America, I hereby order as follows:
Section 1. Policy. Over the past generation, our society has made
tremendous progress in eradicating barriers to women's success. A record
number of women are attending college and graduate school. Women make up
a growing share of our workforce, and more women are corporate
executives and business owners than ever before, helping boost the U.S.
economy and foster U.S. competitiveness around the world. Today, women
are serving at the highest levels of all branches of our Government.
Despite this progress, certain inequalities continue to persist. On
average, American women continue to earn only about 78 cents for every
dollar men make, and women are still significantly underrepresented in
the science, engineering, and technology fields. Far too many women lack
health insurance, and many are unable to take time off to care for a new
baby or an ailing family member. Violence against women and girls
remains a global epidemic. The challenge of ensuring equal educational
opportunities for women and girls endures. As the current economic
crisis has swept across our Nation, women have been seriously affected.
These issues do not concern just women. When jobs do not offer family
leave, that affects men who wish to help care for their families. When
women earn less than men for the same work, that affects families who
have to work harder to make ends meet. When our daughters do not have
the same educational and career opportunities as our sons, that affects
entire communities, our economy, and our future as a Nation.
The purpose of this order is to establish a coordinated Federal response
to issues that particularly impact the lives of women and girls and to
ensure that Federal programs and policies address and take into account
the distinctive concerns of women and girls, including women of color
and those with disabilities.
Sec. 2. White House Council on Women and Girls. There is established
within the Executive Office of the President a White House Council on
Women and Girls (Council).
(a) Membership of the Council. The Council shall consist of the following
members:
(1) the Senior Advisor and Assistant to the President for
Intergovernmental Affairs and Public Liaison, who shall serve as
Chair of the Council;
(2) the Secretary of State;
(3) the Secretary of the Treasury;
(4) the Secretary of Defense;
(5) the Attorney General;
(6) the Secretary of the Interior;
(7) the Secretary of Agriculture;
(8) the Secretary of Commerce;
(9) the Secretary of Labor;
(10) the Secretary of Health and Human Services;
(11) the Secretary of Housing and Urban Development;
(12) the Secretary of Transportation;
(13) the Secretary of Energy;
(14) the Secretary of Education;
(15) the Secretary of Veterans Affairs;
(16) the Secretary of Homeland Security;
(17) the Representative of the United States of America to the
United Nations;
(18) the United States Trade Representative;
(19) the Director of the Office of Management and Budget;
(20) the Administrator of the Environmental Protection Agency;
(21) the Chair of the Council of Economic Advisers;
(22) the Director of the Office of Personnel Management;
(23) the Administrator of the Small Business Administration;
(24) the Assistant to the President and Director of the
Domestic Policy Council;
(25) the Assistant to the President for Economic Policy and
Director of the National Economic Council; and
(26) the heads of such other executive branch departments,
agencies, and offices as the President may, from time to time,
designate.
A member of the Council may designate, to perform the Council functions of
the member, a senior-level official who is a part of the member's
department, agency, or office, and who is a full-time officer or employee
of the Federal Government. At the direction of the Chair, the Council may
establish subgroups consisting exclusively of Council members or their
designees under this section, as appropriate.
(b) Administration of the Council. The Department of Commerce shall provide
funding and administrative support for the Council to the extent permitted
by law and within existing appropriations. The Chair shall convene regular
meetings of the Council, determine its agenda, and direct its work. The
Chair shall designate an Executive Director of the Council, who shall
coordinate the work of the Council and head any staff assigned to the
Council.
Sec. 3. Mission and Functions of the Council. The Council shall work
across executive departments and agencies to provide a coordinated
Federal response to issues that have a distinct impact on the lives of
women and girls, including assisting women-owned businesses to compete
internationally and working to increase the participation of women in
the science, engineering, and technology workforce, and to ensure that
Federal programs and policies adequately take those impacts into
account. The Council shall be responsible for providing recommendations
to the President on the effects of pending legislation and executive
branch policy proposals; for suggesting changes to Federal programs or
policies to address issues of special importance to women and girls; for
reviewing and recommending changes to policies that have a distinct
impact on women in the Federal workforce; and for assisting in the
development of legislative and policy proposals of special importance to
women and girls. The functions of the Council are advisory only.
Sec. 4. Outreach. Consistent with the objectives set out in this order,
the Council, in accordance with applicable law, in addition to regular
meetings, shall conduct outreach with representatives of nonprofit
organizations, State and local government agencies, elected officials,
and other interested persons that will assist with the Council's
development of a detailed set of recommendations.
Sec. 5. Federal Interagency Plan. The Council shall, within 150 days of
the date of this order, develop and submit to the President a Federal
interagency plan with recommendations for interagency action consistent
with the goals of this order. The Federal interagency plan shall include
an assessment by each member executive department, agency, or office of
the status and scope of its efforts to further the progress and
advancement of women and girls. Such an assessment shall include a
report on the status of any offices or programs that have been created
to develop, implement, or monitor targeted initiatives concerning women
or girls. The Federal interagency plan shall also include
recommendations for issues, programs, or initiatives that should be
further evaluated or studied by the Council. The Council shall review
and update the Federal interagency plan periodically, as appropriate,
and shall present to the President any updated recommendations or
findings.
Sec. 6. General Provisions. (a) The heads of executive departments and
agencies shall assist and provide information to the Council, consistent
with applicable law, as may be necessary to carry out the functions of
the Council. Each executive department and agency shall bear its own
expense for participating in the Council.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to an executive department,
agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, or legislative
proposals.
(c) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(d) 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
The White House,
March 11, 2009.
Executive Order 13507 of April 8, 2009
Establishment of the White House Office of Health Reform
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in the interest of providing
all Americans access to affordable and high-quality health care, it is
hereby ordered as follows:
Section 1. Policy. Reforming the health care system is a key goal of my
Administration. The health care system suffers from serious and
pervasive problems; access to health care is constrained by high and
rising costs; and the quality of care is not consistent and must be
improved, in order to improve the health of our citizens and our
economic security.
Sec. 2. Establishment. (a) There is established a White House Office of
Health Reform (Health Reform Office) within the Executive Office of the
President that will provide leadership to the executive branch in
establishing policies, priorities, and objectives for the Federal
Government's comprehensive effort to improve access to health care, the
quality of such care, and the sustainability of the health care system.
(b) The Secretary of Health and Human Services, to the extent
permitted by law, shall establish within the Department of Health and
Human Services (HHS) an Office of Health Reform, which shall coordinate
closely with the White House Office of Health Reform.
Sec. 3. Functions. The principal functions of the Health Reform Office,
to the extent permitted by law, are to:
(a) provide leadership for and to coordinate the development of the
Administration's policy agenda across executive departments and agencies
concerning the provision of high-quality, affordable, and accessible
health care and to slow the growth of health costs; this shall include
coordinating policy development with the Domestic Policy Council,
National Economic Council, Council of Economic Advisers, Office of
Management and Budget, HHS, Office of Personnel Management, and such
other executive departments and agencies as the Director of the Health
Reform Office may deem appropriate;
(b) work with executive departments and agencies to ensure that
Federal Government policy decisions and programs are consistent with the
President's stated goals with respect to health reform;
(c) integrate the President's policy agenda concerning health reform
across the Federal Government;
(d) coordinate public outreach activities conducted by executive
departments and agencies designed to gather input from the public, from
demonstration and pilot projects, and from public-private partnerships
on the problems and priorities for policy measures designed to meet the
President's goals for improvement of the health care system;
(e) bring to the President's attention concerns, ideas, and policy
options for strengthening, increasing the efficiency, and improving the
quality of the health care system;
(f) work with State, local, and community policymakers and public
officials to expand coverage, improve quality and efficiency, and slow
the growth of health costs;
(g) develop and implement strategic initiatives under the
President's agenda to strengthen the public agencies and private
organizations that can improve the performance of the health care
system;
(h) work with the Congress and executive departments and agencies to
eliminate unnecessary legislative, regulatory, and other bureaucratic
barriers that impede effective delivery of efficient and high-quality
health care;
(i) monitor implementation of the President's agenda on health
reform; and
(j) help ensure that policymakers across the executive branch work
toward the President's health care agenda.
Sec. 4. Administration. (a) The Health Reform Office may work with
established or ad hoc committees, task forces, or interagency groups.
(b) The Health Reform Office shall have a staff headed by the
Director of the Health Reform Office (Director). The Health Reform
Office shall have such staff and other assistance as may be necessary to
carry out the provisions of this order.
(c) As requested by the Director, each executive department and
agency shall designate a liaison to work with the Health Reform Office
on improving access to health care, the quality of health care, and the
sustainability of the health care system.
(d) All executive departments and agencies shall cooperate with the
Health Reform Office and provide such information, support, and
assistance to the Health Reform Office as it may request, to the extent
permitted by law.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to a department, agency, or the head thereof;
or
(ii) 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
The White House,
April 8, 2009.
Executive Order 13508 of May 12, 2009
Chesapeake Bay Protection and Restoration
By the authority vested in me as President by the Constitution and the
laws of the United States of America and in furtherance of the purposes
of the Clean Water Act of 1972, as amended (33 U.S.C. 1251 et seq.), and
other laws, and to protect and restore the health, heritage, natural
resources, and social and economic value of the Nation's largest
estuarine ecosystem and the natural sustainability of its watershed, it
is hereby ordered as follows:
PART 1--PREAMBLE
The Chesapeake Bay is a national treasure constituting the largest
estuary in the United States and one of the largest and most
biologically productive estuaries in the world. The Federal Government
has nationally significant assets in the Chesapeake Bay and its
watershed in the form of public lands, facilities, military
installations, parks, forests, wildlife refuges, monuments, and museums.
Despite significant efforts by Federal, State, and local governments and
other interested parties, water pollution in the Chesapeake Bay prevents
the attainment of existing State water quality standards and the
``fishable and swimmable'' goals of the Clean Water Act. At the current
level and scope of pollution control within the Chesapeake Bay's
watershed, restoration of the Chesapeake Bay is not expected for many
years. The pollutants that are largely responsible for pollution of the
Chesapeake Bay are nutrients, in the form of nitrogen and phosphorus,
and sediment. These pollutants come from many sources, including sewage
treatment plants, city streets, development sites, agricultural
operations, and deposition from the air onto the waters of the
Chesapeake Bay and the lands of the watershed.
Restoration of the health of the Chesapeake Bay will require a renewed
commitment to controlling pollution from all sources as well as
protecting and restoring habitat and living resources, conserving lands,
and improving management of natural resources, all of which contribute
to improved water quality and ecosystem health. The Federal Government
should lead this effort. Executive departments and agencies (agencies),
working in collaboration, can use their expertise and resources to
contribute significantly to improving the health of the Chesapeake Bay.
Progress in restoring the Chesapeake Bay also will depend on the support
of State and local governments, the enterprise of the private sector,
and the stewardship provided to the Chesapeake Bay by all the people who
make this region their home.
PART 2--SHARED FEDERAL LEADERSHIP, PLANNING, AND ACCOUNTABILITY
Sec. 201. Federal Leadership Committee. In order to begin a new era of
shared Federal leadership with respect to the protection and restoration
of the Chesapeake Bay, a Federal Leadership Committee (Committee) for
the Chesapeake Bay is established to oversee the development and
coordination of programs and activities, including data management and
reporting, of agencies participating in protection and restoration of
the Chesapeake Bay. The Committee shall manage the development of
strategies and program plans for the watershed and ecosystem of the
Chesapeake Bay and oversee their implementation. The Committee shall be
chaired by the Administrator of the Environmental Protection Agency
(EPA), or the Administrator's designee, and include senior
representatives of the Departments of Agriculture (USDA), Commerce
(DOC), Defense (DOD), Homeland Security (DHS), the Interior (DOI),
Transportation (DOT), and such other agencies as determined by the
Committee. Representatives serving on the Committee shall be officers of
the United States.
Sec. 202. Reports on Key Challenges to Protecting and Restoring the
Chesapeake Bay. Within 120 days from the date of this order, the
agencies identified in this section as the lead agencies shall prepare
and submit draft reports to the Committee making recommendations for
accomplishing the following steps to protect and restore the Chesapeake
Bay:
(a) define the next generation of tools and actions to restore water
quality in the Chesapeake Bay and describe the changes to be made to
regulations, programs, and policies to implement these actions;
(b) target resources to better protect the Chesapeake Bay and its
tributary waters, including resources under the Food Security Act of
1985 as amended, the Clean Water Act, and other laws;
(c) strengthen storm water management practices at Federal
facilities and on Federal lands within the Chesapeake Bay watershed and
develop storm water best practices guidance;
(d) assess the impacts of a changing climate on the Chesapeake Bay
and develop a strategy for adapting natural resource programs and public
infrastructure to the impacts of a changing climate on water quality and
living resources of the Chesapeake Bay watershed;
(e) expand public access to waters and open spaces of the Chesapeake
Bay and its tributaries from Federal lands and conserve landscapes and
ecosystems of the Chesapeake Bay watershed;
(f) strengthen scientific support for decisionmaking to restore the
Chesapeake Bay and its watershed, including expanded environmental
research and monitoring and observing systems; and
(g) develop focused and coordinated habitat and research activities
that protect and restore living resources and water quality of the
Chesapeake Bay and its watershed.
The EPA shall be the lead agency for subsection (a) of this section and
the development of the storm water best practices guide under subsection
(c). The USDA shall be the lead agency for subsection (b). The DOD shall
lead on storm water management practices at Federal facilities and on
Federal lands under subsection (c). The DOI and the DOC shall share the
lead on subsections (d), (f), and (g), and the DOI shall be lead on
subsection (e). The lead agencies shall provide final reports to the
Committee within 180 days of the date of this order.
Sec. 203. Strategy for Protecting and Restoring the Chesapeake Bay. The
Committee shall prepare and publish a strategy for coordinated
implementation of existing programs and projects to guide efforts to
protect and restore the Chesapeake Bay. The strategy shall, to the
extent permitted by law:
(a) define environmental goals for the Chesapeake Bay and describe
milestones for making progress toward attainment of these goals;
(b) identify key measureable indicators of environmental condition
and changes that are critical to effective Federal leadership;
(c) describe the specific programs and strategies to be implemented,
including the programs and strategies described in draft reports
developed under section 202 of this order;
(d) identify the mechanisms that will assure that governmental and
other activities, including data collection and distribution, are
coordinated and effective, relying on existing mechanisms where
appropriate; and
(e) describe a process for the implementation of adaptive management
principles, including a periodic evaluation of protection and
restoration activities.
The Committee shall review the draft reports submitted by lead agencies
under section 202 of this order and, in consultation with relevant State
agencies, suggest appropriate revisions to the agency that provided the
draft report. It shall then integrate these reports into a coordinated
strategy for restoration and protection of the Chesapeake Bay consistent
with the requirements of this order. Together with the final reports
prepared by the lead agencies, the draft strategy shall be published for
public review and comment within 180 days of the date of this order and
a final strategy shall be published within 1 year. To the extent
practicable and authorized under their existing authorities, agencies
may begin implementing core elements of restoration and protection
programs and strategies, in consultation with the Committee, as soon as
possible and prior to release of a final strategy.
Sec. 204. Collaboration with State Partners. In preparing the reports
under section 202 and the strategy under section 203, the lead agencies
and the Committee shall consult extensively with the States of Virginia,
Maryland, Pennsylvania, West Virginia, New York, and Delaware and the
District of Columbia. The goal of this consultation is to ensure that
Federal actions to protect and restore the Chesapeake Bay are closely
coordinated with actions by State and local agencies in the watershed
and that the resources, authorities, and expertise of Federal, State,
and local agencies are used as efficiently as possible for the benefit
of the Chesapeake Bay's water quality and ecosystem and habitat health
and viability.
Sec. 205. Annual Action Plan and Progress Report. Beginning in 2010, the
Committee shall publish an annual Chesapeake Bay Action Plan (Action
Plan) describing how Federal funding proposed in the President's Budget
will be used to protect and restore the Chesapeake Bay during the
upcoming fiscal year. This plan will be accompanied by an Annual
Progress Report reviewing indicators of environmental conditions in the
Chesapeake Bay, assessing implementation of the Action Plan during the
preceding fiscal year, and recommending steps to improve progress in
restoring and protecting the Chesapeake Bay. The Committee shall consult
with stakeholders (including relevant State agencies) and members of the
public in developing the Action Plan and Annual Progress Report.
Sec. 206. Strengthen Accountability. The Committee, in collaboration
with State agencies, shall ensure that an independent evaluator
periodically reports to the Committee on progress toward meeting the
goals of this order. The Committee shall ensure that all program
evaluation reports, including data on practice or system implementation
and maintenance funded through agency programs, as appropriate, are made
available to the public by posting on a website maintained by the Chair
of the Committee.
PART 3--RESTORE CHESAPEAKE BAY WATER QUALITY
Sec. 301. Water Pollution Control Strategies. In preparing the report
required by subsection 202(a) of this order, the Administrator of the
EPA (Administrator) shall, after consulting with appropriate State
agencies, examine how to make full use of its authorities under the
Clean Water Act to protect and restore the Chesapeake Bay and its
tributary waters and, as appropriate, shall consider revising any
guidance and regulations. The Administrator shall identify pollution
control strategies and actions authorized by the EPA's existing
authorities to restore the Chesapeake Bay that:
(a) establish a clear path to meeting, as expeditiously as
practicable, water quality and environmental restoration goals for the
Chesapeake Bay;
(b) are based on sound science and reflect adaptive management
principles;
(c) are performance oriented and publicly accountable;
(d) apply innovative and cost-effective pollution control measures;
(e) can be replicated in efforts to protect other bodies of water,
where appropriate; and
(f) build on the strengths and expertise of Federal, State, and
local governments, the private sector, and citizen organizations.
Sec. 302. Elements of EPA Reports. The strategies and actions identified
by the Administrator of the EPA in preparing the report under subsection
202(a) shall include, to the extent permitted by law:
(a) using Clean Water Act tools, including strengthening existing
permit programs and extending coverage where appropriate;
(b) establishing new, minimum standards of performance where
appropriate, including:
(i) establishing a schedule for the implementation of key actions in
cooperation with States, local governments, and others;
(ii) constructing watershed-based frameworks that assign pollution
reduction responsibilities to pollution sources and maximize the
reliability and cost-effectiveness of pollution reduction programs; and
(iii) implementing a compliance and enforcement strategy.
PART 4--AGRICULTURAL PRACTICES TO PROTECT THE CHESAPEAKE BAY
Sec. 401. In developing recommendations for focusing resources to
protect the Chesapeake Bay in the report required by subsection 202(b)
of this order, the Secretary of Agriculture shall, as appropriate,
concentrate the USDA's working lands and land retirement programs within
priority watersheds in counties in the Chesapeake Bay watershed. These
programs should apply priority conservation practices that most
efficiently reduce nutrient and sediment loads to the Chesapeake Bay, as
identified by USDA and EPA data and scientific analysis. The Secretary
of Agriculture shall work with State agriculture and conservation
agencies in developing the report.
PART 5--REDUCE WATER POLLUTION FROM FEDERAL LANDS AND FACILITIES
Sec. 501. Agencies with land, facilities, or installation management
responsibilities affecting ten or more acres within the watershed of the
Chesapeake Bay shall, as expeditiously as practicable and to the extent
permitted by law, implement land management practices to protect the
Chesapeake Bay and its tributary waters consistent with the report
required by section 202 of this order and as described in guidance
published by the EPA under section 502.
Sec. 502. The Administrator of the EPA shall, within 1 year of the date
of this order and after consulting with the Committee and providing for
public review and comment, publish guidance for Federal land management
in the Chesapeake Bay watershed describing proven, cost-effective tools
and practices that reduce water pollution, including practices that are
available for use by Federal agencies.
PART 6--PROTECT CHESAPEAKE BAY AS THE CLIMATE CHANGES
Sec. 601. The Secretaries of Commerce and the Interior shall, to the
extent permitted by law, organize and conduct research and scientific
assessments to support development of the strategy to adapt to climate
change impacts on the Chesapeake Bay watershed as required in section
202 of this order and to evaluate the impacts of climate change on the
Chesapeake Bay in future years. Such research should include assessment
of:
(a) the impact of sea level rise on the aquatic ecosystem of the
Chesapeake Bay, including nutrient and sediment load contributions from
stream banks and shorelines;
(b) the impacts of increasing temperature, acidity, and salinity
levels of waters in the Chesapeake Bay;
(c) the impacts of changing rainfall levels and changes in rainfall
intensity on water quality and aquatic life;
(d) potential impacts of climate change on fish, wildlife, and their
habitats in the Chesapeake Bay and its watershed; and
(e) potential impacts of more severe storms on Chesapeake Bay
resources.
PART 7--EXPAND PUBLIC ACCESS TO THE CHESAPEAKE BAY AND CONSERVE
LANDSCAPES AND ECOSYSTEMS
Sec. 701. (a) Agencies participating in the Committee shall assist the
Secretary of the Interior in development of the report addressing
expanded public access to the waters of the Chesapeake Bay and
conservation of landscapes and ecosystems required in subsection 202(e)
of this order by providing to the Secretary:
(i) a list and description of existing sites on agency lands and
facilities where public access to the Chesapeake Bay or its tributary
waters is offered;
(ii) a description of options for expanding public access at these agency
sites;
(iii) a description of agency sites where new opportunities for public
access might be provided;
(iv) a description of safety and national security issues related to
expanded public access to Department of Defense installations;
(v) a description of landscapes and ecosystems in the Chesapeake Bay
watershed that merit recognition for their historical, cultural,
ecological, or scientific values; and
(vi) options for conserving these landscapes and ecosystems.
(b) In developing the report addressing expanded public access on
agency lands to the waters of the Chesapeake Bay and options for
conserving landscapes and ecosystems in the Chesapeake Bay, as required
in subsection 202(e) of this order, the Secretary of the Interior shall
coordinate any recommendations with State and local agencies in the
watershed and programs such as the Captain John Smith Chesapeake
National Historic Trail, the Chesapeake Bay Gateways and Watertrails
Network, and the Star-Spangled Banner National Historic Trail.
PART 8--MONITORING AND DECISION SUPPORT FOR ECOSYSTEM MANAGEMENT
Sec. 801. The Secretaries of Commerce and the Interior shall, to the
extent permitted by law, organize and conduct their monitoring,
research, and scientific assessments to support decisionmaking for the
Chesapeake Bay ecosystem and to develop the report addressing
strengthening environmental monitoring of the Chesapeake Bay and its
watershed required in section 202 of this order. This report will assess
existing monitoring programs and gaps in data collection, and shall also
include the following topics:
(a) the health of fish and wildlife in the Chesapeake Bay watershed;
(b) factors affecting changes in water quality and habitat
conditions; and
(c) using adaptive management to plan, monitor, evaluate, and adjust
environmental management actions.
PART 9--LIVING RESOURCES PROTECTION AND RESTORATION
Sec. 901. The Secretaries of Commerce and the Interior shall, to the
extent permitted by law, identify and prioritize critical living
resources of the Chesapeake Bay and its watershed, conduct collaborative
research and habitat protection activities that address expected
outcomes for these species, and develop a report addressing these topics
as required in section 202 of this order. The Secretaries of Commerce
and the Interior shall coordinate agency activities related to living
resources in estuarine waters to ensure maximum benefit to the
Chesapeake Bay resources.
PART 10--EXCEPTIONS
Sec. 1001. The heads of agencies may authorize exceptions to this order,
in the following circumstances:
(a) during time of war or national emergency;
(b) when necessary for reasons of national security;
(c) during emergencies posing an unacceptable threat to human health
or safety or to the marine environment and admitting of no other
feasible solution; or
(d) in any case that constitutes a danger to human life or a real
threat to vessels, aircraft, platforms, or other man-made structures at
sea, such as cases of force majeure caused by stress of weather or other
act of God.
PART 11--GENERAL PROVISIONS
Sec. 1101. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) authority granted by law to a department, agency, or the head
thereof; or
(ii) 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
The White House,
May 12, 2009.
Executive Order 13509 of June 23, 2009
Establishing a White House Council on Automotive Communities and Workers
Section 1. Policy. Over the last decade, the United States has
experienced a decline in employment in the auto industry and among part
suppliers. This decline has accelerated dramatically over the past year,
with more than 400,000 jobs being lost in the industry. Unemployment in
the automotive sector in towns and cities across the country has reached
levels not seen in decades, with resulting increases in poverty and high
home foreclosure rates.
The purpose of this order is to establish a coordinated Federal response
to issues that particularly impact automotive communities and workers
and to ensure that Federal programs and policies address and take into
account these concerns.
Sec. 2. White House Council on Automotive Communities and Workers. There
is established within the Executive Office of the President the White
House Council on Automotive Communities and Workers (Council).
(a) Membership. The Council shall consist of the following members:
(1) the Secretary of Labor and the Assistant to the President for
Economic Policy and Director of the National Economic Council, who shall
serve as Co-Chairs of the Council;
(2) the Secretary of the Treasury;
(3) the Secretary of Defense;
(4) the Attorney General;
(5) the Secretary of the Interior;
(6) the Secretary of Agriculture;
(7) the Secretary of Commerce;
(8) the Secretary of Health and Human Services;
(9) the Secretary of Housing and Urban Development;
(10) the Secretary of Transportation;
(11) the Secretary of Energy;
(12) the Secretary of Education;
(13) the Secretary of Veterans Affairs;
(14) the Chair of the Council of Economic Advisers;
(15) the Administrator of the Environmental Protection Agency;
(16) the Director of the Office of Management and Budget;
(17) the United States Trade Representative;
(18) the Administrator of General Services;
(19) the Administrator of the Small Business Administration;
(20) the Senior Advisor and Assistant to the President for
Intergovernmental Affairs and Public Engagement;
(21) the Assistant to the President and Cabinet Secretary;
(22) the Assistant to the President and Director of the Domestic Policy
Council;
(23) the Chair of the Council on Environmental Quality;
(24) the Assistant to the President for Energy and Climate Change; and
(25) the heads of such other executive departments, agencies, and offices
as the President may, from time to time, designate.
A member of the Council may designate, to perform the Council
functions of the member, a senior-level official who is a part of the
member's department, agency, or office, and who is a full-time officer
or employee of the Federal Government.
(b) Administration. The Co-Chairs shall convene regular meetings of
the Council, determine its agenda, and direct its work. The Director for
Recovery of Auto Communities and Workers (Director of Recovery) shall
serve as Executive Director of the Council and shall coordinate the
Council's activities. At the direction of the Co-Chairs, the Council may
establish subgroups consisting exclusively of Council members or their
designees, as appropriate.
Sec. 3. Mission and Functions. The Council shall perform the following
functions, to the extent permitted by law:
(a) Provide leadership and coordinate the development of policies
and programs across executive departments and agencies to ensure a
coordinated Federal response to issues that have a distinct impact on
automotive communities and workers;
(b) Advise the President on the effects of pending legislation and
executive branch policy proposals on automotive communities and workers;
(c) Provide recommendations to the President on changes to Federal
policies and programs to address issues of special importance to
automotive communities and workers; and
(d) Help ensure that officials across the executive branch,
including officials on existing committees or task forces addressing
automotive issues, advance the President's agenda for automotive
communities and support the Director of Recovery's coordination of
Federal economic adjustment assistance activities. Such support may
include the use of personnel, technical expertise, and available
financial resources. It may be used to provide a coordinated Federal
response to the needs of individual States, regions, municipalities, and
communities adversely affected by auto industry changes.
Sec. 4. Outreach. Consistent with the objectives set forth in this
order, the Council, in accordance with applicable law, in addition to
regular meetings, shall conduct outreach to representatives of nonprofit
organizations, business, labor, State and local government agencies,
elected officials, and other interested persons that will assist in
bringing to the President's attention concerns, ideas, and policy
options for expanding and improving efforts to revitalize automotive
communities.
Sec. 5. Termination. The Council shall terminate 2 years after the date
of this order unless extended by the President.
Sec. 6. General Provisions. (a) The heads of executive departments and
agencies shall assist and provide information to the Council, consistent
with applicable law, as may be necessary to carry out the functions of
the Council. Each executive department and agency shall bear its own
expense for participating in the Council.
(b) Executive departments and agencies shall afford consideration to
requests from automotive communities for Federal technical assistance,
financial resources, excess or surplus property, or other resources.
(c) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to an executive department, agency, or the
head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(d) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(e) 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
The White House,
June 23, 2009.
Executive Order 13510 of July 1, 2009
Waiver Under the Trade Act of 1974 With Respect to the Republic of
Belarus
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including subsection 402(c)(2) of
the Trade Act of 1974, as amended (the ``Act'') (19 U.S.C. 2432(c)(2)),
which continues to apply to the Republic of Belarus pursuant to
subsection 402(d) of the Act (19 U.S.C. 2432(d)), and having made the
report to the Congress set forth in subsection 402(c)(2), I hereby waive
the application of subsections (a) and (b) of section 402 of the Act
with respect to the Republic of Belarus.
BARACK OBAMA
The White House,
July 1, 2009.
Executive Order 13511 of September 29, 2009
Continuance of Certain Federal Advisory Committees
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and consistent with the provisions
of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is
hereby ordered as follows:
Section 1. Each advisory committee listed below is continued until
September 30, 2011.
(a) Committee for the Preservation of the White House; Executive Order
11145, as amended (Department of the Interior).
(b) National Infrastructure Advisory Council; Executive Order 13231, as
amended (Department of Homeland Security).
(c) Federal Advisory Council on Occupational Safety and Health; Executive
Order 12196, as amended (Department of Labor).
(d) President's Board of Advisors on Historically Black Colleges and
Universities; Executive Order 13256 (Department of Education).
(e) President's Board of Advisors on Tribal Colleges and Universities;
Executive Order 13270 (Department of Education).
(f) President's Commission on White House Fellowships; Executive Order
11183, as amended (Office of Personnel Management).
(g) President's Committee for People with Intellectual Disabilities;
Executive Order 12994, as amended (Department of Health and Human
Services).
(h) President's Committee on the Arts and the Humanities; Executive Order
12367, as amended (National Endowment for the Arts).
(i) President's Committee on the International Labor Organization;
Executive Order 12216, as amended (Department of Labor).
(j) President's Committee on the National Medal of Science; Executive Order
11287, as amended (National Science Foundation).
(k) President's Council on Physical Fitness and Sports; Executive Order
13265 (Department of Health and Human Services).
(l) President's Council of Advisors on Science and Technology; Executive
Order 13226, as amended (Office of Science and Technology Policy).
(m) President's Export Council; Executive Order 12131, as amended
(Department of Commerce).
(n) President's National Security Telecommunications Advisory Committee;
Executive Order 12382, as amended (Department of Homeland Security).
(o) Trade and Environment Policy Advisory Committee; Executive Order 12905
(Office of the United States Trade Representative).
Sec. 2. Notwithstanding the provisions of any other Executive Order, the
functions of the President under the Federal Advisory Committee Act that
are applicable to the committees listed in section 1 of this order shall
be performed by the head of the department or agency designated after
each committee, in accordance with the guidelines and procedures
established by the Administrator of General Services.
Sec. 3. Sections 1 and 2 of Executive Order 13446 are superseded by
sections 1 and 2 of this order.
Sec. 4. This order shall be effective September 30, 2009.
BARACK OBAMA
The White House,
September 29, 2009.
Executive Order 13512 of September 29, 2009
Amending Executive Order 13390
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121
et seq.), and in order to extend the work of the Coordinator of Federal
Support for the Recovery and Rebuilding of the Gulf Coast Region,
Executive Order 13390 of November 1, 2005, as amended, is further
amended by striking ``September 30, 2009,'' and inserting in lieu
thereof ``April 1, 2010.''
BARACK OBAMA
The White House,
September 29, 2009.
Executive Order 13513 of October 1, 2009
Federal Leadership on Reducing Text Messaging While Driving
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 7902(c) of title
5, United States Code, and the Federal Property and Administrative
Services Act of 1949, as amended, 40 U.S.C. 101 et seq., and in order to
demonstrate Federal leadership in improving safety on our roads and
highways and to enhance the efficiency of Federal contracting, it is
hereby ordered as follows:
Section 1. Policy. With nearly 3 million civilian employees, the Federal
Government can and should demonstrate leadership in reducing the dangers
of text messaging while driving. Recent deadly crashes involving drivers
distracted by text messaging while behind the wheel highlight a growing
danger on our roads. Text messaging causes drivers to take their eyes
off the road and at least one hand off the steering wheel, endangering
both themselves and others. Every day, Federal employees drive
Government-owned, Government-leased, or Government-rented vehicles
(collectively, GOV) or privately-owned vehicles (POV) on official
Government business, and some Federal employees use Government-supplied
electronic devices to text or e-mail while driving. A Federal
Government-wide prohibition on the use of text messaging while driving
on official business or while using Government-supplied equipment will
help save lives, reduce injuries, and set an example for State and local
governments, private employers, and individual drivers. Extending this
policy to cover Federal contractors is designed to promote economy and
efficiency in Federal procurement. Federal contractors and contractor
employees who refrain from the unsafe practice of text messaging while
driving in connection with Government business are less likely to
experience disruptions to their operations that would adversely impact
Federal procurement.
Sec. 2. Text Messaging While Driving by Federal Employees. Federal
employees shall not engage in text messaging (a) when driving GOV, or
when driving POV while on official Government business, or (b) when
using electronic equipment supplied by the Government while driving.
Sec. 3. Scope of Order. (a) All agencies of the executive branch are
directed to take appropriate action within the scope of their existing
programs to further the policies of this order and to implement section
2 of this order. This includes, but is not limited to, considering new
rules and programs, and reevaluating existing programs to prohibit text
messaging while driving, and conducting education, awareness, and other
outreach for Federal employees about the safety risks associated with
texting while driving. These initiatives should encourage voluntary
compliance with the agency's text messaging policy while off duty.
(b) Within 90 days of the date of this order, each agency is directed,
consistent with all applicable laws and regulations: (i) to take
appropriate measures to implement this order, (ii) to adopt measures to
ensure compliance with section 2 of this order, including through
appropriate disciplinary actions, and (iii) to notify the Secretary of
Transportation of the measures it undertakes hereunder.
(c) Agency heads may exempt from the requirements of this order, in whole
or in part, certain employees, devices, or vehicles in their respective
agencies that are engaged in or used for protective, law enforcement, or
national security responsibilities or on the basis of other emergency
conditions.
Sec. 4. Text Messaging While Driving by Government Contractors,
Subcontractors, and Recipients and Subrecipients. Each Federal agency,
in procurement contracts, grants, and cooperative agreements, and other
grants to the extent authorized by applicable statutory authority,
entered into after the date of this order, shall encourage contractors,
subcontractors, and recipients and subrecipients to adopt and enforce
policies that ban text messaging while driving company-owned or -rented
vehicles or GOV, or while driving POV when on official Government
business or when performing any work for or on behalf of the Government.
Agencies should also encourage Federal contractors, subcontractors, and
grant recipients and subrecipients as described in this section to
conduct initiatives of the type described in section 3(a) of this order.
Sec. 5. Coordination. The Secretary of Transportation, in consultation
with the Administrator of General Services and the Director of the
Office of Personnel Management, shall provide leadership and guidance to
the heads of executive branch agencies to assist them with any action
pursuant to this order.
Sec. 6. Definitions.
(a) The term ``agency'' as used in this order means an executive agency, as
defined in 5 U.S.C. 105, except for the Government Accountability Office.
(b) ``Texting'' or ``Text Messaging'' means reading from or entering data
into any handheld or other electronic device, including for the purpose of
SMS texting, e-mailing, instant messaging, obtaining navigational
information, or engaging in any other form of electronic data retrieval or
electronic data communication.
(c) ``Driving'' means operating a motor vehicle on an active roadway with
the motor running, including while temporarily stationary because of
traffic, a traffic light or stop sign, or otherwise. It does not include
operating a motor vehicle with or without the motor running when one has
pulled over to the side of, or off, an active roadway and has halted in a
location where one can safely remain stationary.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect or alter:
(i) Authority granted by law or Executive Order to an agency,
or the head thereof;
(ii) Powers and duties of the heads of the various departments
and agencies pursuant to the Highway Safety Act of 1966, as
amended, 23 U.S.C. 402 and 403, section 19 of the Occupational
Safety and Health Act of 1970, as amended, 29 U.S.C. 668, sections
7901 and 7902 of title 5, United States Code, or the Federal
Property and Administrative Services Act of 1949, as amended, 40
U.S.C. 101 et seq.;
(iii) Rights, duties, or procedures under the National Labor
Relations Act, 29 U.S.C. 151 et seq.; or
(iv) 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
The White House,
October 1, 2009.
Executive Order 13514 of October 5, 2009
Federal Leadership in Environmental, Energy, and Economic Performance
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to establish an integrated
strategy towards sustainability in the Federal Government and to make
reduction of greenhouse gas emissions a priority for Federal agencies,
it is hereby ordered as follows:
Section 1. Policy. In order to create a clean energy economy that will
increase our Nation's prosperity, promote energy security, protect the
interests of taxpayers, and safeguard the health of our environment, the
Federal Government must lead by example. It is therefore the policy of
the United States that Federal agencies shall increase energy
efficiency; measure, report, and reduce their greenhouse gas emissions
from direct and indirect activities; conserve and protect water
resources through efficiency, reuse, and stormwater management;
eliminate waste, recycle, and prevent pollution; leverage agency
acquisitions to foster markets for sustainable technologies and
environmentally preferable materials, products, and services; design,
construct, maintain, and operate high performance sustainable buildings
in sustainable locations; strengthen the vitality and livability of the
communities in which Federal facilities are located; and inform Federal
employees about and involve them in the achievement of these goals.
It is further the policy of the United States that to achieve these
goals and support their respective missions, agencies shall prioritize
actions based on a full accounting of both economic and social benefits
and costs and shall drive continuous improvement by annually evaluating
performance, extending or expanding projects that have net benefits, and
reassessing or discontinuing under-performing projects.
Finally, it is also the policy of the United States that agencies'
efforts and outcomes in implementing this order shall be transparent and
that agencies shall therefore disclose results associated with the
actions taken pursuant to this order on publicly available Federal
websites.
Sec. 2. Goals for Agencies. In implementing the policy set forth in
section 1 of this order, and preparing and implementing the Strategic
Sustainability Performance Plan called for in section 8 of this order,
the head of each agency shall:
(a) within 90 days of the date of this order, establish and report to the
Chair of the Council on Environmental Quality (CEQ Chair) and the Director
of the Office of Management and Budget (OMB Director) a percentage
reduction target for agency-wide reductions of scope 1 and 2 greenhouse gas
emissions in absolute terms by fiscal year 2020, relative to a fiscal year
2008 baseline of the agency's scope 1 and 2 greenhouse gas emissions. Where
appropriate, the target shall exclude direct emissions from excluded
vehicles and equipment and from electric power produced and sold
commercially to other parties in the course of regular business. This
target shall be subject to review and approval by the CEQ Chair in
consultation with the OMB Director under section 5 of this order. In
establishing the target, the agency head shall consider reductions
associated with:
(i) reducing energy intensity in agency buildings;
(ii) increasing agency use of renewable energy and
implementing renewable energy generation projects on agency
property; and
(iii) reducing the use of fossil fuels by:
(A) using low greenhouse gas emitting vehicles including
alternative fuel vehicles;
(B) optimizing the number of vehicles in the agency fleet; and
(C) reducing, if the agency operates a fleet of at least 20 motor
vehicles, the agency fleet's total consumption of petroleum
products by a minimum of 2 percent annually through the end of
fiscal year 2020, relative to a baseline of fiscal year 2005;
(b) within 240 days of the date of this order and concurrent with
submission of the Strategic Sustainability Performance Plan as described in
section 8 of this order, establish and report to the CEQ Chair and the OMB
Director a percentage reduction target for reducing agency-wide scope 3
greenhouse gas emissions in absolute terms by fiscal year 2020, relative to
a fiscal year 2008 baseline of agency scope 3 emissions. This target shall
be subject to review and approval by the CEQ Chair in consultation with the
OMB Director under section 5 of this order. In establishing the target, the
agency head shall consider reductions associated with:
(i) pursuing opportunities with vendors and contractors to
address and incorporate incentives to reduce greenhouse gas
emissions (such as changes to manufacturing, utility or delivery
services, modes of transportation used, or other changes in supply
chain activities);
(ii) implementing strategies and accommodations for transit,
travel, training, and conferencing that actively support lower-
carbon commuting and travel by agency staff;
(iii) greenhouse gas emission reductions associated with
pursuing other relevant goals in this section; and
(iv) developing and implementing innovative policies and
practices to address scope 3 greenhouse gas emissions unique to
agency operations;
(c) establish and report to the CEQ Chair and OMB Director a comprehensive
inventory of absolute greenhouse gas emissions, including scope 1, scope 2,
and specified scope 3 emissions (i) within 15 months of the date of this
order for fiscal year 2010, and (ii) thereafter, annually at the end of
January, for the preceding fiscal year.
(d) improve water use efficiency and management by:
(i) reducing potable water consumption intensity by 2 percent
annually through fiscal year 2020, or 26 percent by the end of
fiscal year 2020, relative to a baseline of the agency's water
consumption in fiscal year 2007, by implementing water management
strategies including water-efficient and low-flow fixtures and
efficient cooling towers;
(ii) reducing agency industrial, landscaping, and agricultural
water consumption by 2 percent annually or 20 percent by the end
of fiscal year 2020 relative to a baseline of the agency's
industrial, landscaping, and agricultural water consumption in
fiscal year 2010;
(iii) consistent with State law, identifying, promoting, and
implementing water reuse strategies that reduce potable water
consumption; and
(iv) implementing and achieving the objectives identified in
the stormwater management guidance referenced in section 14 of
this order;
(e) promote pollution prevention and eliminate waste by:
(i) minimizing the generation of waste and pollutants through
source reduction;
(ii) diverting at least 50 percent of non-hazardous solid
waste, excluding construction and demolition debris, by the end of
fiscal year 2015;
(iii) diverting at least 50 percent of construction and
demolition materials and debris by the end of fiscal year 2015;
(iv) reducing printing paper use and acquiring uncoated
printing and writing paper containing at least 30 percent
postconsumer fiber;
(v) reducing and minimizing the quantity of toxic and
hazardous chemicals and materials acquired, used, or disposed of;
(vi) increasing diversion of compostable and organic material
from the waste stream;
(vii) implementing integrated pest management and other
appropriate landscape management practices;
(viii) increasing agency use of acceptable alternative
chemicals and processes in keeping with the agency's procurement
policies;
(ix) decreasing agency use of chemicals where such decrease
will assist the agency in achieving greenhouse gas emission
reduction targets under section 2(a) and (b) of this order; and
(x) reporting in accordance with the requirements of sections
301 through 313 of the Emergency Planning and Community Right-to-
Know Act of 1986 (42 U.S.C. 11001 et seq.);
(f) advance regional and local integrated planning by:
(i) participating in regional transportation planning and
recognizing existing community transportation infrastructure;
(ii) aligning Federal policies to increase the effectiveness
of local planning for energy choices such as locally generated
renewable energy;
(iii) ensuring that planning for new Federal facilities or new
leases includes consideration of sites that are pedestrian
friendly, near existing employment centers, and accessible to
public transit, and emphasizes existing central cities and, in
rural communities, existing or planned town centers;
(iv) identifying and analyzing impacts from energy usage and
alternative energy sources in all Environmental Impact Statements
and Environmental Assessments for proposals for new or expanded
Federal facilities under the National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321 et seq.); and
(v) coordinating with regional programs for Federal, State,
tribal, and local ecosystem, watershed, and environmental
management;
(g) implement high performance sustainable Federal building design,
construction, operation and management, maintenance, and deconstruction
including by:
(i) beginning in 2020 and thereafter, ensuring that all new
Federal buildings that enter the planning process are designed to
achieve zero-net-energy by 2030;
(ii) ensuring that all new construction, major renovation, or
repair and alteration of Federal buildings complies with the
Guiding Principles for Federal Leadership in High Performance and
Sustainable Buildings, (Guiding Principles);
(iii) ensuring that at least 15 percent of the agency's
existing buildings (above 5,000 gross square feet) and building
leases (above 5,000 gross square feet) meet the Guiding Principles
by fiscal year 2015 and that the agency makes annual progress
toward 100-percent conformance with the Guiding Principles for its
building inventory;
(iv) pursuing cost-effective, innovative strategies, such as
highly reflective and vegetated roofs, to minimize consumption of
energy, water, and materials;
(v) managing existing building systems to reduce the
consumption of energy, water, and materials, and identifying
alternatives to renovation that reduce existing assets' deferred
maintenance costs;
(vi) when adding assets to the agency's real property
inventory, identifying opportunities to consolidate and dispose of
existing assets, optimize the performance of the agency's real-
property portfolio, and reduce associated environmental impacts;
and
(vii) ensuring that rehabilitation of federally owned historic
buildings utilizes best practices and technologies in retrofitting
to promote long-term viability of the buildings;
(h) advance sustainable acquisition to ensure that 95 percent of new
contract actions including task and delivery orders, for products and
services with the exception of acquisition of weapon systems, are energy-
efficient (Energy Star or Federal Energy Management Program (FEMP)
designated), water-efficient, biobased, environmentally preferable (e.g.,
Electronic Product Environmental Assessment Tool (EPEAT) certified), non-
ozone depleting, contain recycled content, or are non-toxic or less-toxic
alternatives, where such products and services meet agency performance
requirements;
(i) promote electronics stewardship, in particular by:
(i) ensuring procurement preference for EPEAT-registered
electronic products;
(ii) establishing and implementing policies to enable power
management, duplex printing, and other energy-efficient or
environmentally preferable features on all eligible agency
electronic products;
(iii) employing environmentally sound practices with respect
to the agency's disposition of all agency excess or surplus
electronic products;
(iv) ensuring the procurement of Energy Star and FEMP
designated electronic equipment;
(v) implementing best management practices for energy-
efficient management of servers and Federal data centers; and
(j) sustain environmental management, including by:
(i) continuing implementation of formal environmental
management systems at all appropriate organizational levels; and
(ii) ensuring these formal systems are appropriately
implemented and maintained to achieve the performance necessary to
meet the goals of this order.
Sec. 3. Steering Committee on Federal Sustainability. The OMB Director
and the CEQ Chair shall:
(a) establish an interagency Steering Committee (Steering Committee) on
Federal Sustainability composed of the Federal Environmental Executive,
designated under section 6 of Executive Order 13423 of January 24, 2007,
and Agency Senior Sustainability Officers, designated under section 7 of
this order, and that shall:
(i) serve in the dual capacity of the Steering Committee on
Strengthening FederalEnvironmental, Energy, and Transportation
Management designated by the CEQ Chair pursuant to section 4 of
Executive Order 13423;
(ii) advise the OMB Director and the CEQ Chair on
implementation of this order;
(iii) facilitate the implementation of each agency's Strategic
Sustainability Performance Plan; and
(iv) share information and promote progress towards the goals
of this order;
(b) enlist the support of other organizations within the Federal Government
to assist the Steering Committee in addressing the goals of this order;
(c) establish and disband, as appropriate, interagency subcommittees of the
Steering Committee, to assist the Steering Committee in carrying out its
responsibilities;
(d) determine appropriate Federal actions to achieve the policy of section
1 and the goals of section 2 of this order;
(e) ensure that Federal agencies are held accountable for conformance with
the requirements of this order; and
(f) in coordination with the Department of Energy's Federal Energy
Management Program and the Office of the Federal Environmental Executive
designated under section 6 of Executive Order 13423, provide guidance and
assistance to facilitate the development of agency targets for greenhouse
gas emission reductions required under subsections 2(a) and (b) of this
order.
Sec. 4. Additional Duties of the Director of the Office of Management
and Budget. In addition to the duties of the OMB Director specified
elsewhere in this order, the OMB Director shall:
(a) review and approve each agency's multi-year Strategic Sustainability
Performance Plan under section 8 of this order and each update of the Plan.
The Director shall, where feasible, review each agency's Plan concurrently
with OMB's review and evaluation of the agency's budget request;
(b) prepare scorecards providing periodic evaluation of Federal agency
performance in implementing this order and publish scorecard results on a
publicly available website; and
(c) approve and issue instructions to the heads of agencies concerning
budget and appropriations matters relating to implementation of this order.
Sec. 5. Additional Duties of the Chair of the Council on Environmental
Quality. In addition to the duties of the CEQ Chair specified elsewhere
in this order, the CEQ Chair shall:
(a) issue guidance for greenhouse gas accounting and reporting required
under section 2 of this order;
(b) issue instructions to implement this order, in addition to instructions
within the authority of the OMB Director to issue under subsection 4(c) of
this order;
(c) review and approve each agency's targets, in consultation with the OMB
Director, for agency-wide reductions of greenhouse gas emissions under
section 2 of this order;
(d) prepare, in coordination with the OMB Director, streamlined reporting
metrics to determine each agency's progress under section 2 of this order;
(e) review and evaluate each agency's multi-year Strategic Sustainability
Performance Plan under section 8 of this order and each update of the Plan;
(f) assess agency progress toward achieving the goals and policies of this
order, and provide its assessment of the agency's progress to the OMB
Director;
(g) within 120 days of the date of this order, provide the President with
an aggregate Federal Government-wide target for reducing scope 1 and 2
greenhouse gas emissions in absolute terms by fiscal year 2020 relative to
a fiscal year 2008 baseline;
(h) within 270 days of the date of this order, provide the President with
an aggregate Federal Government-wide target for reducing scope 3 greenhouse
gas emissions in absolute terms by fiscal year 2020 relative to a fiscal
year 2008 baseline;
(i) establish and disband, as appropriate, interagency working groups to
provide recommendations to the CEQ for areas of Federal agency operational
and managerial improvement associated with the goals of this order; and
(j) administer the Presidential leadership awards program, established
under subsection 4(c) of Executive Order 13423, to recognize exceptional
and outstanding agency performance with respect to achieving the goals of
this order and to recognize extraordinary innovation, technologies, and
practices employed to achieve the goals of this order.
Sec. 6. Duties of the Federal Environmental Executive. The Federal
Environmental Executive designated by the President to head the Office
of the Federal Environmental Executive, pursuant to section 6 of
Executive Order 13423, shall:
(a) identify strategies and tools to assist Federal implementation efforts
under this order, including through the sharing of best practices from
successful Federal sustainability efforts; and
(b) monitor and advise the CEQ Chair and the OMB Director on the agencies'
implementation of this order and their progress in achieving the order's
policies and goals.
Sec. 7. Agency Senior Sustainability Officers. (a) Within 30 days of the
date of this order, the head of each agency shall designate from among
the agency's senior management officials a Senior Sustainability Officer
who shall be accountable for agency conformance with the requirements of
this order; and shall report such designation to the OMB Director and
the CEQ Chair.
(b) The Senior Sustainability Officer for each agency shall perform the
functions of the senior agency official designated by the head of each
agency pursuant to section 3(d)(i) of Executive Order 13423 and shall be
responsible for:
(i) preparing the targets for agency-wide reductions and the
inventory of greenhouse gas emissions required under subsections
2(a), (b), and (c) of this order;
(ii) within 240 days of the date of this order, and annually
thereafter, preparing and submitting to the CEQ Chair and the OMB
Director, for their review and approval, a multi-year Strategic
Sustainability Performance Plan (Sustainability Plan or Plan) as
described in section 8 of this order;
(iii) preparing and implementing the approved Plan in
coordination with appropriate offices and organizations within the
agency including the General Counsel, Chief Information Officer,
Chief Acquisition Officer, Chief Financial Officer, and Senior
Real Property Officers, and in coordination with other agency
plans, policies, and activities;
(iv) monitoring the agency's performance and progress in
implementing the Plan, and reporting the performance and progress
to the CEQ Chair and the OMB Director, on such schedule and in
such format as the Chair and the Director may require; and
(v) reporting annually to the head of the agency on the
adequacy and effectiveness of the agency's Plan in implementing
this order.
Sec. 8. Agency Strategic Sustainability Performance Plan. Each agency
shall develop, implement, and annually update an integrated Strategic
Sustainability Performance Plan that will prioritize agency actions
based on lifecycle return on investment. Each agency Plan and update
shall be subject to approval by the OMB Director under section 4 of this
order. With respect to the period beginning in fiscal year 2011 and
continuing through the end of fiscal year 2021, each agency Plan shall:
(a) include a policy statement committing the agency to compliance with
environmental and energy statutes, regulations, and Executive Orders;
(b) achieve the sustainability goals and targets, including greenhouse gas
reduction targets, established under section 2 of this order;
(c) be integrated into the agency's strategic planning and budget process,
including the agency's strategic plan under section 3 of the Government
Performance and Results Act of 1993, as amended (5 U.S.C. 306);
(d) identify agency activities, policies, plans, procedures, and practices
that are relevant to the agency's implementation of this order, and where
necessary, provide for development and implementation of new or revised
policies, plans, procedures, and practices;
(e) identify specific agency goals, a schedule, milestones, and approaches
for achieving results, and quantifiable metrics for agency implementation
of this order;
(f) take into consideration environmental measures as well as economic and
social benefits and costs in evaluating projects and activities based on
lifecycle return on investment;
(g) outline planned actions to provide information about agency progress
and performance with respect to achieving the goals of this order on a
publicly available Federal website;
(h) incorporate actions for achieving progress metrics identified by the
OMB Director and the CEQ Chair;
(i) evaluate agency climate-change risks and vulnerabilities to manage the
effects of climate change on the agency's operations and mission in both
the short and long term; and
(j) identify in annual updates opportunities for improvement and evaluation
of past performance in order to extend or expand projects that have net
lifecycle benefits, and reassess or discontinue under-performing projects.
Sec. 9. Recommendations for Greenhouse Gas Accounting and Reporting. The
Department of Energy, through its Federal Energy Management Program, and
in coordination with the Environmental Protection Agency, the Department
of Defense, the General Services Administration, the Department of the
Interior, the Department of Commerce, and other agencies as appropriate,
shall:
(a) within 180 days of the date of this order develop and provide to the
CEQ Chair recommended Federal greenhouse gas reporting and accounting
procedures for agencies to use in carrying out their obligations under
subsections 2(a), (b), and (c) of this order, including procedures that
will ensure that agencies:
(i) accurately and consistently quantify and account for
greenhouse gas emissions from all scope 1, 2, and 3 sources, using
accepted greenhouse gas accounting and reporting principles, and
identify appropriate opportunities to revise the fiscal year 2008
baseline to address significant changes in factors affecting
agency emissions such as reorganization and improvements in
accuracy of data collection and estimation procedures or other
major changes that would otherwise render the initial baseline
information unsuitable;
(ii) consider past Federal agency efforts to reduce greenhouse
gas emissions; and
(iii) consider and account for sequestration and emissions of
greenhouse gases resulting from Federal land management practices;
(b) within 1 year of the date of this order, to ensure consistent and
accurate reporting under this section, provide electronic accounting and
reporting capability for the Federal greenhouse gas reporting procedures
developed under subsection (a) of this section, and to the extent
practicable, ensure compatibility between this capability and existing
Federal agency reporting systems; and
(c) every 3 years from the date of the CEQ Chair's issuance of the initial
version of the reporting guidance, and as otherwise necessary, develop and
provide recommendations to the CEQ Chair for revised Federal greenhouse gas
reporting procedures for agencies to use in implementing subsections 2(a),
(b), and (c) of this order.
Sec. 10. Recommendations for Sustainable Locations for Federal
Facilities. Within 180 days of the date of this order, the Department of
Transportation, in accordance with its Sustainable Partnership Agreement
with the Department of Housing and Urban Development and the
Environmental Protection Agency, and in coordination with the General
Services Administration, the Department of Homeland Security, the
Department of Defense, and other agencies as appropriate, shall:
(a) review existing policies and practices associated with site selection
for Federal facilities; and
(b) provide recommendations to the CEQ Chair regarding sustainable location
strategies for consideration in Sustainability Plans. The recommendations
shall be consistent with principles of sustainable development including
prioritizing central business district and rural town center locations,
prioritizing sites well served by transit, including site design elements
that ensure safe and convenient pedestrian access, consideration of transit
access and proximity to housing affordable to a wide range of Federal
employees, adaptive reuse or renovation of buildings, avoidance of
development of sensitive land resources, and evaluation of parking
management strategies.
Sec. 11. Recommendations for Federal Local Transportation Logistics.
Within 180 days of the date of this order, the General Services
Administration, in coordination with the Department of Transportation,
the Department of the Treasury, the Department of Energy, the Office of
Personnel Management, and other agencies as appropriate, shall review
current policies and practices associated with use of public
transportation by Federal personnel, Federal shuttle bus and vehicle
transportation routes supported by multiple Federal agencies, and use of
alternative fuel vehicles in Federal shuttle bus fleets, and shall
provide recommendations to the CEQ Chair on how these policies and
practices could be revised to support the implementation of this order
and the achievement of its policies and goals.
Sec. 12. Guidance for Federal Fleet Management. Within 180 days of the
date of this order, the Department of Energy, in coordination with the
General Services Administration, shall issue guidance on Federal fleet
management that addresses the acquisition of alternative fuel vehicles
and use of alternative fuels; the use of biodiesel blends in diesel
vehicles; the acquisition of electric vehicles for appropriate
functions; improvement of fleet fuel economy; the optimizing of fleets
to the agency mission; petroleum reduction strategies, such as the
acquisition of low greenhouse gas emitting vehicles and the reduction of
vehicle miles traveled; and the installation of renewable fuel pumps at
Federal fleet fueling centers.
Sec. 13. Recommendations for Vendor and Contractor Emissions. Within 180
days of the date of this order, the General Services Administration, in
coordination with the Department of Defense, the Environmental
Protection Agency, and other agencies as appropriate, shall review and
provide recommendations to the CEQ Chair and the Administrator of OMB's
Office of Federal Procurement Policy regarding the feasibility of
working with the Federal vendor and contractor community to provide
information that will assist Federal agencies in tracking and reducing
scope 3 greenhouse gas emissions related to the supply of products and
services to the Government. These recommendations should consider the
potential impacts on the procurement process, and the Federal vendor and
contractor community including small businesses and other socioeconomic
procurement programs. Recommendations should also explore the
feasibility of:
(a) requiring vendors and contractors to register with a voluntary registry
or organization for reporting greenhouse gas emissions;
(b) requiring contractors, as part of a new or revised registration under
the Central Contractor Registration or other tracking system, to develop
and make available its greenhouse gas inventory and description of efforts
to mitigate greenhouse gas emissions;
(c) using Federal Government purchasing preferences or other incentives for
products manufactured using processes that minimize greenhouse gas
emissions; and
(d) other options for encouraging sustainable practices and reducing
greenhouse gas emissions.
Sec. 14. Stormwater Guidance for Federal Facilities. Within 60 days of
the date of this order, the Environmental Protection Agency, in
coordination with other Federal agencies as appropriate, shall issue
guidance on the implementation of section 438 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17094).
Sec. 15. Regional Coordination. Within 180 days of the date of this
order, the Federal Environmental Executive shall develop and implement a
regional implementation plan to support the goals of this order taking
into account energy and environmental priorities of particular regions
of the United States.
Sec. 16. Agency Roles in Support of Federal Adaptation Strategy. In
addition to other roles and responsibilities of agencies with respect to
environmental leadership as specified in this order, the agencies shall
participate actively in the interagency Climate Change Adaptation Task
Force, which is already engaged in developing the domestic and
international dimensions of a U.S. strategy for adaptation to climate
change, and shall develop approaches through which the policies and
practices of the agencies can be made compatible with and reinforce that
strategy. Within 1 year of the date of this order the CEQ Chair shall
provide to the President, following consultation with the agencies and
the Climate Change Adaptation Task Force, as appropriate, a progress
report on agency actions in support of the national adaptation strategy
and recommendations for any further such measures as the CEQ Chair may
deem necessary.
Sec. 17. Limitations. (a) This order shall apply to an agency with
respect to the activities, personnel, resources, and facilities of the
agency that are located within the United States. The head of an agency
may provide that this order shall apply in whole or in part with respect
to the activities, personnel, resources, and facilities of the agency
that are not located within the United States, if the head of the agency
determines that such application is in the interest of the United
States.
(b) The head of an agency shall manage activities, personnel, resources,
and facilities of the agency that are not located within the United States,
and with respect to which the head of the agency has not made a
determination under subsection (a) of this section, in a manner consistent
with the policy set forth in section 1 of this order to the extent the head
of the agency determines practicable.
Sec. 18. Exemption Authority.
(a) The Director of National Intelligence may exempt an intelligence
activity of the United States, and related personnel, resources, and
facilities, from the provisions of this order, other than this subsection
and section 20, to the extent the Director determines necessary to protect
intelligence sources and methods from unauthorized disclosure.
(b) The head of an agency may exempt law enforcement activities of that
agency, and related personnel, resources, and facilities, from the
provisions of this order, other than this subsection and section 20, to the
extent the head of an agency determines necessary to protect undercover
operations from unauthorized disclosure.
(c) (i) The head of an agency may exempt law enforcement, protective,
emergency response, or military tactical vehicle fleets of that agency from
the provisions of this order, other than this subsection and section 20.
(ii) Heads of agencies shall manage fleets to which paragraph
(i) of this subsection refers in a manner consistent with the
policy set forth in section 1 of this order to the extent they
determine practicable.
(d) The head of an agency may exempt particular agency activities and
facilities from the provisions of this order, other than this subsection
and section 20, where it is in the interest of national security. If the
head of an agency issues an exemption under this section, the agency must
notify the CEQ Chair in writing within 30 days of issuance of the exemption
under this subsection. To the maximum extent practicable, and without
compromising national security, each agency shall strive to comply with the
purposes, goals, and implementation steps in this order.
(e) The head of an agency may submit to the President, through the CEQ
Chair, a request for an exemption of an agency activity, and related
personnel, resources, and facilities, from this order.
Sec. 19. Definitions. As used in this order:
(a) ``absolute greenhouse gas emissions'' means total greenhouse gas
emissions without normalization for activity levels and includes any
allowable consideration of sequestration;
(b) ``agency'' means an executive agency as defined in section 105 of title
5, United States Code, excluding the Government Accountability Office;
(c) ``alternative fuel vehicle'' means vehicles defined by section 301 of
the Energy Policy Act of 1992, as amended (42 U.S.C. 13211), and otherwise
includes electric fueled vehicles, hybrid electric vehicles, plug-in hybrid
electric vehicles, dedicated alternative fuel vehicles, dual fueled
alternative fuel vehicles, qualified fuel cell motor vehicles, advanced
lean burn technology motor vehicles, self-propelled vehicles such as
bicycles and any other alternative fuel vehicles that are defined by
statute;
(d) ``construction and demolition materials and debris'' means materials
and debris generated during construction, renovation, demolition, or
dismantling of all structures and buildings and associated infrastructure;
(e) ``divert'' and ``diverting'' means redirecting materials that might
otherwise be placed in the waste stream to recycling or recovery, excluding
diversion to waste-to-energy facilities;
(f) ``energy intensity'' means energy consumption per square foot of
building space, including industrial or laboratory facilities;
(g) ``environmental'' means environmental aspects of internal agency
operations and activities, including those aspects related to energy and
transportation functions;
(h) ``excluded vehicles and equipment'' means any vehicle, vessel,
aircraft, or non-road equipment owned or operated by an agency of the
Federal Government that is used in:
(i) combat support, combat service support, tactical or relief
operations, or training for such operations;
(ii) Federal law enforcement (including protective service and
investigation);
(iii) emergency response (including fire and rescue); or
(iv) spaceflight vehicles (including associated ground-support
equipment);
(i) ``greenhouse gases'' means carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride;
(j) ``renewable energy'' means energy produced by solar, wind, biomass,
landfill gas, ocean (including tidal, wave, current, and thermal),
geothermal, municipal solid waste, or new hydroelectric generation capacity
achieved from increased efficiency or additions of new capacity at an
existing hydroelectric project;
(k) ``scope 1, 2, and 3'' mean;
(i) scope 1: direct greenhouse gas emissions from sources that
are owned or controlled by the Federal agency;
(ii) scope 2: direct greenhouse gas emissions resulting from
the generation of electricity, heat, or steam purchased by a
Federal agency; and
(iii) scope 3: greenhouse gas emissions from sources not owned
or directly controlled by a Federal agency but related to agency
activities such as vendor supply chains, delivery services, and
employee travel and commuting;
(l) ``sustainability'' and ``sustainable'' mean to create and maintain
conditions, under which humans and nature can exist in productive harmony,
that permit fulfilling the social, economic, and other requirements of
present and future generations;
(m) ``United States'' means the fifty States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, and the Northern Mariana Islands, and associated territorial
waters and airspace;
(n) ``water consumption intensity'' means water consumption per square foot
of building space; and
(o) ``zero-net-energy building'' means a building that is designed,
constructed, and operated to require a greatly reduced quantity of energy
to operate, meet the balance of energy needs from sources of energy that do
not produce greenhouse gases, and therefore result in no net emissions of
greenhouse gases and be economically viable.
Sec. 20. General Provisions.
(a) This order shall be implemented in a manner consistent with applicable
law and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect
the functions of the OMB Director relating to budgetary, administrative, or
legislative proposals.
(c) This order is intended only to improve the internal management of the
Federal Government and 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
The White House,
October 5, 2009.
Executive Order 13515 of October 14, 2009
Increasing Participation of Asian Americans and Pacific Islanders in
Federal Programs
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. The more than 16 million Asian Americans and Pacific
Islanders (AAPIs) across our country have helped build a strong and
vibrant America. The AAPI communities represent many ethnicities and
languages that span generations, and their shared achievements are an
important part of the American experience. They have started businesses
and generated jobs, including founding some of our Nation's most
successful and innovative enterprises. The AAPI communities have made
important contributions to science and technology, culture and the arts,
and the professions, including business, law, medicine, education, and
politics.
While we acknowledge the many contributions of the AAPI communities to
our Nation, we also recognize the challenges still faced by many AAPIs.
Of the more than a million AAPI-owned businesses, many firms are small
sole-proprietorships that continue to need assistance to access
available resources such as business development counseling and small
business loans. The AAPI community also continues to face barriers to
employment and workplace advancement. Specific challenges experienced by
AAPI subgroups include lower college-enrollment rates by Pacific
Islanders than other ethnic groups and high poverty rates among Hmong
Americans, Cambodian Americans, Malaysian Americans, and other
individual AAPI communities. Additionally, one in five non-elderly AAPIs
lacks health insurance.
The purpose of this order is to establish a President's Advisory
Commission on Asian Americans and Pacific Islanders and a White House
Initiative on Asian Americans and Pacific Islanders. Each will work to
improve the quality of life and opportunities for Asian Americans and
Pacific Islanders through increased access to, and participation in,
Federal programs in which they may be underserved. In addition, each
will work to advance relevant evidence-based research, data collection,
and analysis for AAPI populations and subpopulations.
Sec. 2. President's Advisory Commission on Asian Americans and Pacific
Islanders. There is established in the Department of Education the
President's Advisory Commission on Asian Americans and Pacific Islanders
(Commission).
(a) Mission and Function of the Commission. The Commission shall provide
advice to the President, through the Secretaries of Education and
Commerce, as Co-Chairs of the Initiative described in section 3 of this
order, on: (i) the development, monitoring, and coordination of
executive branch efforts to improve the quality of life of AAPIs through
increased participation in Federal programs in which such persons may be
underserved; (ii) the compilation of research and data related to AAPI
populations and subpopulations; (iii) the development, monitoring, and
coordination of Federal efforts to improve the economic and community
development of AAPI businesses; and (iv) strategies to increase public
and private-sector collaboration, and community involvement in improving
the health, education, environment, and well-being of AAPIs.
(b) Membership of the Commission. The Commission shall consist of not
more than 20 members appointed by the President. The Commission shall
include members who: (i) have a history of involvement with the AAPI
communities; (ii) are from the fields of education, commerce, business,
health, human services, housing, environment, arts, agriculture, labor
and employment, transportation, justice, veterans affairs, and economic
and community development; (iii) are from civic associations
representing one or more of the diverse AAPI communities; or (iv) have
such other experience as the President deems appropriate. The President
shall designate one member of the Commission to serve as Chair, who
shall convene regular meetings of the Commission, determine its agenda,
and direct its work.
(c) Administration of the Commission. The Secretary of Education, in
consultation with the Secretary of Commerce, shall designate an
Executive Director for the Commission. The Department of Education shall
provide funding and administrative support for the Commission to the
extent permitted by law and within existing appropriations. Members of
the Commission shall serve without compensation, but shall be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by law for persons serving intermittently in the Government
service (5 U.S.C. 5701-5707). Insofar as the Federal Advisory Committee
Act, as amended (5 U.S.C. App.) (the ``Act''), may apply to the
administration of the Commission, any functions of the President under
the Act, except that of reporting to the Congress, shall be performed by
the Secretary of Education, in accordance with the guidelines issued by
the Administrator of General Services.
(d) Termination Date. The Commission shall terminate 2 years from the
date of this order, unless renewed by the President.
Sec. 3. White House Initiative on Asian Americans and Pacific Islanders.
There is established the White House Initiative on Asian Americans and
Pacific Islanders (Initiative), a Federal interagency working group
whose members shall be selected by their respective agencies. The
Secretary of Commerce and the Secretary of Education shall serve as the
Co-Chairs of the Initiative. The Executive Director of the Commission
established in section 2 of this order shall also serve as the Executive
Director of the Initiative and shall report to the Secretaries on
Initiative matters.
(a) Mission and Function of the Initiative. The Initiative shall work to
improve the quality of life of AAPIs through increased participation in
Federal programs in which AAPIs may be underserved. The Initiative shall
advise the Co-Chairs on the implementation and coordination of Federal
programs as they relate to AAPIs across executive departments and
agencies.
(b) Membership of the Initiative. In addition to the Co-Chairs, the
Initiative shall consist of senior officials from the following
executive branch departments, agencies, and offices:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Agriculture;
(vii) the Department of Labor;
(viii) the Department of Housing and Urban Development;
(ix) the Department of Transportation;
(x) the Department of Energy;
(xi) the Department of Health and Human Services;
(xii) the Department of Veterans Affairs;
(xiii) the Department of Homeland Security;
(xiv) the Office of Management and Budget;
(xv) the Environmental Protection Agency;
(xvi) the Small Business Administration;
(xvii) the Office of Personnel Management;
(xviii) the Social Security Administration;
(xix) the White House Office of Cabinet Affairs;
(xx) the White House Office of Intergovernmental Affairs and Public
Engagement;
(xxi) the National Economic Council;
(xxii) the Domestic Policy Council;
(xxiii) the Office of Science and Technology Policy; and
(xxiv) other executive branch departments, agencies, and offices as the
President may, from time to time, designate.
At the direction of the Co-Chairs, the Initiative may establish
subgroups consisting exclusively of Initiative members or their
designees under this section, as appropriate.
(c) Administration of the Initiative. The Department of Education shall
provide funding and administrative support for the Initiative to the
extent permitted by law and within existing appropriations. The Co-
Chairs shall convene regular meetings of the Initiative, determine its
agenda, and direct its work.
(d) Federal Agency Plans and Interagency Plan. Each executive department
and agency designated by the Initiative shall prepare a plan (agency
plan) for, and shall document, its efforts to improve the quality of
life of Asian Americans and Pacific Islanders through increased
participation in Federal programs in which Asian Americans and Pacific
Islanders may be underserved. Where appropriate, this agency plan shall
address, among other things, the agency's efforts to:
(i) identify Federal programs in which AAPIs may be underserved and improve
the quality of life for AAPIs through increased participation in these
programs;
(ii) identify ways to foster the recruitment, career development, and
advancement of AAPIs in the Federal Government;
(iii) identify high-priority action items for which measurable progress may
be achieved within 2 years to improve the health, environment, opportunity,
and well-being of AAPIs, and implement those action items;
(iv) increase public-sector, private-sector, and community involvement in
improving the health, environment, opportunity, and well-being of AAPIs;
(v) foster evidence-based research, data-collection, and analysis on AAPI
populations and subpopulations, including research and data on public
health, environment, education, housing, employment, and other economic
indicators of AAPI community well-being; and
(vi) solicit public input from AAPI communities on ways to increase and
improve opportunities for public participation in Federal programs
considering a number of factors, including language barriers.
Each agency, in its plan, shall provide appropriate measurable
objectives and, after the first year, shall provide for the assessment
of that agency's performance on the goals set in the previous year's
plan. Each agency plan shall be submitted to the Co-Chairs by a date to
be established by the Co-Chairs. The Co-Chairs shall review the agency
plans and develop for submission to the President a Federal interagency
plan to improve the quality of life of AAPIs through increased
participation in Federal programs in which such persons may be
underserved. Actions described in the Federal interagency plan shall
address improving access by AAPIs to Federal programs and fostering
advances in relevant research and data.
Sec. 4. General Provisions.
(a) This order supersedes Executive Order 13125 of June 7, 1999, and
Executive Order 13339 of May 13, 2004.
(b) The heads of executive departments and agencies shall assist and
provide information to the Commission, consistent with applicable law,
as may be necessary to carry out the functions of the Commission. Each
executive department and agency shall bear its own expenses of
participating in the Commission.
(c) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to an executive department, agency, or the
head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(d) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(e) For purposes of this order, the term ``Asian American and Pacific
Islander'' includes persons within the jurisdiction of the United States
having ancestry of any of the original peoples of East Asia, Southeast
Asia, or South Asia, or any of the aboriginal, indigenous, or native
peoples of Hawaii and other Pacific Islands.
(f) 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
The White House,
October 14, 2009.
Executive Order 13516 of October 28, 2009
Amending Executive Order 13462
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Executive Order 13462 of February 29, 2008, is amended as
follows:
(a) by striking subsection (b) of section 2 and inserting in lieu
thereof the following:
``(b) ''intelligence activities`` has the meaning specified in section 3.5
of Executive Order 12333 of December 4, 1981, as amended; and''
(b) by striking subsection (b) of section 3 and inserting in lieu
thereof the following:
``(b) The PIAB shall consist of not more than 16 members appointed by the
President from among individuals who are not full-time employees of the
Federal Government.''
(c) by striking subsection (c) of section 3 and inserting in lieu
thereof the following:
``(c) The President shall designate a Chair or Co-Chairs from among the
members of the PIAB, who shall convene and preside at meetings of the PIAB,
determine its agenda, and direct its work.''
(d) by inserting after subsection (b) of section 6 the following new
subsection:
``(c) forward to the Attorney General information concerning intelligence
activities that involve possible violations of Federal criminal laws or
otherwise implicate the authority of the Attorney General;'', and
renumbering the subsequent subsections of section 6 accordingly.
(e) by striking subsection (a) of section 8 and inserting in lieu
thereof:
``To the extent permitted by law, the DNI and the heads of departments
concerned shall provide such information and assistance as the PIAB and the
IOB determine is needed to perform their functions under this order.''
(f) by substituting ``section 1.6(c) of Executive Order 12333, as
amended'' for ``section 1.7(d) of Executive Order 12333'' each time it
appears in the order.
(g) by striking subsection (b) of section 11 and inserting in lieu
thereof:
``(b) Any person who is a member of the PIAB or the IOB, or who is granted
access to classified national security information in relation to the
activities of the PIAB or the IOB, as a condition of access to such
information, shall sign and comply with appropriate agreements to protect
such information from unauthorized disclosure. This order shall be
implemented in a manner consistent with Executive Order 12958 of April 17,
1995, as amended, and Executive Order 12968 of August 2, 1995, as
amended.''
Sec. 2. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to a department or agency, or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, 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
The White House,
October 28, 2009.
Executive Order 13517 of October 30, 2009
Amendments to Executive Orders 13183 and 13494
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including 40 U.S.C. 101, it is
hereby ordered as follows:
Section 1. Executive Order 13183 of December 23, 2000, as amended, is
further amended as follows:
(a) The preamble is amended by deleting ``, including Public Law
106-346.''
(b) Section 1 is amended by adding the following sentence after the
second sentence: ``It is also the policy of the executive branch to
improve the treatment of Puerto Rico in Federal programs and to promote
job creation, education, health care, clean energy, and economic
development on the islands.''
(c) Section 3 is amended by deleting the second, third, and fourth
sentences and inserting in lieu thereof the following: ``The Task Force
shall ensure official attention to and facilitate action on matters
related to proposals for Puerto Rico's status and provide advice and
recommendations on such matters to the President and the Congress. The
Task Force shall also identify and promote existing Federal initiatives
that benefit Puerto Rico; provide advice and recommendations to the
President and the Congress on the treatment of Puerto Rico in Federal
programs; and provide advice and recommendations to the President and
the Congress on policies and initiatives that promote job creation,
education, health care, clean energy, and economic development on the
islands.''
(d) Section 4 is amended by deleting the first sentence and
inserting in lieu thereof the following: ``The Task Force shall submit
to the President a report on the actions it has taken to perform the
functions set forth in section 3 no later than 1 year from the date of
this order. The Task Force shall also report to the President, as
appropriate, on other matters relating to the Task Force's
responsibilities under this order.''
Sec. 2. In furtherance of the policy set forth in section 1 of Executive
Order 13494 of January 30, 2009, section 3 of that order is amended to
read as follows: ``Sec. 3. Contracting departments and agencies shall
treat as allowable costs incurred in maintaining satisfactory relations
between the contractor and its employees (other than the costs of any
activities undertaken to persuade employees to exercise or not to
exercise, or concerning the manner of exercising, the right to organize
and bargain collectively), including costs of labor management
committees, employee publications, and other related activities. See 48
C.F.R. 31.205-21.''
Sec. 3. 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
The White House,
October 30, 2009.
Executive Order 13518 of November 9, 2009
Employment of Veterans in the Federal Government
By the authority vested in me by the Constitution and the laws of the
United States of America, including section 301 of title 3 of the United
States Code, I hereby order as follows:
Section 1. Policy. Veterans have served and sacrificed in defense of our
Nation. When they complete their service, we must do everything in our
power to assist them in re-entering civilian life and finding
employment. Government as well as private employers should play a
prominent role in helping veterans who may be struggling to find jobs.
As one of the Nation's leading employers, the Federal Government is in
need of highly skilled individuals to meet agency staffing needs and to
support mission objectives. Our veterans, who have benefited from
training and development during their military service, possess a wide
variety of skills and experiences, as well as the motivation for public
service, that will help fulfill Federal agencies' staffing needs. It is
therefore the policy of my Administration to enhance recruitment of and
promote employment opportunities for veterans within the executive
branch, consistent with merit system principles and veterans'
preferences prescribed by law. The Federal Government will thereby help
lead by example in promoting veterans' employment.
Sec. 2. Council on Veterans Employment. There is hereby established an
interagency Council on Veterans Employment (Council), to be co-chaired
by the Secretaries of Labor and Veterans Affairs. The Director of the
Office of Personnel Management (OPM) shall serve as Vice Chair of the
Council.
(a) Mission and Function of the Council. The Council shall:
(i) advise and assist the President and the Director of OPM in establishing
a coordinated Government-wide effort to increase the number of veterans
employed by the Federal Government by enhancing recruitment and training;
(ii) serve as a national forum for promoting veterans' employment
opportunities in the executive branch; and
(iii) establish performance measures to assess the effectiveness of, and
submit an annual report to the President on the status of, the Veterans
Employment Initiative described in section 3 of this order.
(b) Membership of the Council. The Council shall consist of the heads of
the following agencies and such other executive branch agencies as the
President may designate:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Agriculture;
(vii) the Department of Commerce;
(viii) the Department of Labor;
(ix) the Department of Health and Human Services;
(x) the Department of Housing and Urban Development;
(xi) the Department of Transportation;
(xii) the Department of Energy;
(xiii) the Department of Education;
(xiv) the Department of Veterans Affairs;
(xv) the Department of Homeland Security;
(xvi) the Environmental Protection Agency;
(xvii) the National Aeronautics and Space Administration;
(xviii) the Agency for International Development;
(xix) the General Services Administration;
(xx) the National Science Foundation;
(xxi) the Nuclear Regulatory Commission;
(xxii) the Office of Personnel Management;
(xxiii) the Small Business Administration; and
(xxiv) the Social Security Administration.
A member of the Council may designate, to perform the Council functions
of the member, a senior official who is part of the member's agency, and
who is a full-time officer or employee of the Federal Government.
(c) Administration of the Council. The Co-Chairs shall convene meetings
of the Council, determine its agenda, and direct its work. At the
direction of the Co-Chairs, the Council may establish subgroups
consisting exclusively of Council members or their designees, as
appropriate. The Vice Chair shall designate an Executive Director for
the Council to support the Vice Chair in managing the Council's
activities. The OPM shall provide administrative support for the Council
to the extent permitted by law and within existing appropriations.
(d) Steering Committee. There is established within the Council a
Steering Committee consisting of the Secretaries of Defense, Labor,
Veterans Affairs, and Homeland Security, the Director of OPM, and any
other Council member designated by the Co-Chairs. The Steering Committee
shall be responsible for providing leadership, accountability, and
strategic direction to the Council.
Sec. 3. Veterans Employment Initiative. The agencies represented on the
Council shall participate in a Veterans Employment Initiative
(Initiative). Under the Initiative, each participating agency shall, to
the extent permitted by law:
(a) develop an agency-specific Operational Plan for promoting employment
opportunities for veterans, consistent with the Government-wide Veterans
Recruitment and Employment Strategic Plan described in section 4 of this
order, merit system principles, the agency's strategic human capital
plan, and other applicable workforce planning strategies and
initiatives;
(b) within 120 days of the date of this order, establish a Veterans
Employment Program Office, or designate an agency officer or employee
with full-time responsibility for its Veterans Employment Program, to be
responsible for enhancing employment opportunities for veterans within
the agency, consistent with law and merit system principles, including
developing and implementing the agency's Operational Plan, veterans
recruitment programs, and training programs for veterans with
disabilities, and for coordinating employment counseling to help match
the career aspirations of veterans to the needs of the agency;
(c) provide mandatory annual training to agency human resources
personnel and hiring managers concerning veterans' employment, including
training on veterans' preferences and special authorities for the hiring
of veterans;
(d) identify key occupations for which the agency will provide job
counseling and training to better enable veterans to meet agency
staffing needs associated with those occupations; and
(e) coordinate with the Departments of Defense and Veterans Affairs to
promote further development and application of technology designed to
assist transitioning service members and veterans with disabilities.
Sec. 4. Additional Responsibilities of the Director of the Office of
Personnel Management. The Director of OPM shall, in consultation with
the Council and to the extent permitted by law:
(a) develop a Government-wide Veterans Recruitment and Employment
Strategic Plan, to be updated at least every 3 years, addressing
barriers to the employment of veterans in the executive branch and
focusing on:
(i) identifying actions that agency leaders should take to improve
employment opportunities for veterans;
(ii) developing the skills of transitioning military service members and
veterans;
(iii) marketing the Federal Government as an employer of choice to
transitioning service members and veterans;
(iv) marketing the talent, experience, and dedication of transitioning
service members and veterans to Federal agencies; and
(v) disseminating Federal employment information to veterans and hiring
officials;
(b) provide Government-wide leadership in recruitment and employment of
veterans in the executive branch;
(c) identify key occupations, focusing on positions in high-demand
occupations where talent is needed to meet Government-wide staffing
needs, for which the Federal Government will provide job counseling and
training under section 5(a) of this order to veterans and transitioning
military service personnel;
(d) develop mandatory training for both human resources personnel and
hiring managers on veterans' employment, including veterans' preference
and special hiring authorities;
(e) compile and post on the OPM website Government-wide statistics on
the hiring of veterans; and
(f) within 1 year of the date of this order and with the advice of the
Council, provide recommendations to the President on improving the
ability of veterans' preference laws to meet the needs of the new
generation of veterans, especially those transitioning from the
conflicts in Iraq and Afghanistan, and the needs of Federal hiring
officials.
Sec. 5. Responsibilities of the Secretaries of Defense, Labor, Veterans
Affairs, and Homeland Security. The Secretaries of Defense, Labor,
Veterans Affairs, and Homeland Security shall take the following
actions, to the extent permitted by law:
(a) The Secretaries of Defense, Labor, Veterans Affairs, and Homeland
Security shall, in consultation with OPM, develop and implement
counseling and training programs to align veterans' and transitioning
service members' skills and career aspirations to Federal employment
opportunities, targeting Federal occupations that are projected to have
heavy recruitment needs.
(b) The Secretary of Labor shall conduct employment workshops for
veterans and transitioning military service personnel as part of the
Transition Assistance Program (TAP), and integrate in those workshops
information about the Federal hiring process, veterans' preference laws,
special hiring authorities, and Federal job opportunities.
(c) The Secretary of Defense and Secretary of Homeland Security (with
respect to the Coast Guard) shall:
(i) reinforce military leadership's commitment and support of the service
members' transition process; and
(ii) institute policies that encourage every eligible service member to
take the opportunity to enroll in any or all of the four components of the
TAP.
(d) The Secretaries of Labor and Veterans Affairs shall:
(i) assist veterans and transitioning service members in translating
military skills, training, and education to Federal occupations through
programs developed under subsection (a) of this section; and
(ii) provide training to employment and rehabilitation counselors on the
Federal hiring process, veterans' preferences, special hiring authorities,
and identifying Federal employment opportunities for veterans.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to a department or agency or the head thereof;
or
(ii) 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
The White House,
November 9, 2009.
Executive Order 13519 of November 17, 2009
Establishment of the Financial Fraud Enforcement Task Force
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to strengthen the
efforts of the Department of Justice, in conjunction with Federal,
State, tribal, territorial, and local agencies, to investigate and
prosecute significant financial crimes and other violations relating to
the current financial crisis and economic recovery efforts, recover the
proceeds of such crimes and violations, and ensure just and effective
punishment of those who perpetrate financial crimes and violations, it
is hereby ordered as follows:
Section 1. Establishment. There is hereby established an interagency
Financial Fraud Enforcement Task Force (Task Force) led by the
Department of Justice.
Sec. 2. Membership and Operation. The Task Force shall be chaired by the
Attorney General and consist of senior-level officials from the
following departments, agencies, and offices, selected by the heads of
the respective departments, agencies, and offices in consultation with
the Attorney General:
(a) the Department of Justice;
(b) the Department of the Treasury;
(c) the Department of Commerce;
(d) the Department of Labor;
(e) the Department of Housing and Urban Development;
(f) the Department of Education;
(g) the Department of Homeland Security;
(h) the Securities and Exchange Commission;
(i) the Commodity Futures Trading Commission;
(j) the Federal Trade Commission;
(k) the Federal Deposit Insurance Corporation;
(l) the Board of Governors of the Federal Reserve System;
(m) the Federal Housing Finance Agency;
(n) the Office of Thrift Supervision;
(o) the Office of the Comptroller of the Currency;
(p) the Small Business Administration;
(q) the Federal Bureau of Investigation;
(r) the Social Security Administration;
(s) the Internal Revenue Service, Criminal Investigations;
(t) the Financial Crimes Enforcement Network;
(u) the United States Postal Inspection Service;
(v) the United States Secret Service;
(w) the United States Immigration and Customs Enforcement;
(x) relevant Offices of Inspectors General and related Federal entities,
including without limitation the Office of the Inspector General for the
Department of Housing and Urban Development, the Recovery Accountability
and Transparency Board, and the Office of the Special Inspector General for
the Troubled Asset Relief Program; and
(y) such other executive branch departments, agencies, or offices as the
President may, from time to time, designate or that the Attorney General
may invite.
The Attorney General shall convene and, through the Deputy Attorney
General, direct the work of the Task Force in fulfilling all its
functions under this order. The Attorney General shall convene the first
meeting of the Task Force within 30 days of the date of this order and
shall thereafter convene the Task Force at such times as he deems
appropriate. At the direction of the Attorney General, the Task Force
may establish subgroups consisting exclusively of Task Force members or
their designees under this section, including but not limited to a
Steering Committee chaired by the Deputy Attorney General, and
subcommittees addressing enforcement efforts, training and information
sharing, and victims' rights, as the Attorney General deems appropriate.
Sec. 3. Mission and Functions. Consistent with the authorities assigned
to the Attorney General by law, and other applicable law, the Task Force
shall:
(a) provide advice to the Attorney General for the investigation and
prosecution of cases of bank, mortgage, loan, and lending fraud; securities
and commodities fraud; retirement plan fraud; mail and wire fraud; tax
crimes; money laundering; False Claims Act violations; unfair competition;
discrimination; and other financial crimes and violations (hereinafter
financial crimes and violations), when such cases are determined by the
Attorney General, for purposes of this order, to be significant;
(b) make recommendations to the Attorney General, from time to time, for
action to enhance cooperation among Federal, State, local, tribal, and
territorial authorities responsible for the investigation and prosecution
of significant financial crimes and violations; and
(c) coordinate law enforcement operations with representatives of State,
local, tribal, and territorial law enforcement.
Sec. 4. Coordination with State, Local, Tribal, and Territorial Law
Enforcement. Consistent with the objectives set out in this order, and
to the extent permitted by law, the Attorney General is encouraged to
invite the following representatives of State, local, tribal, and
territorial law enforcement to participate in the Task Force's
subcommittee addressing enforcement efforts in the subcommittee's
performance of the functions set forth in section 3(c) of this order
relating to the coordination of Federal, State, local, tribal, and
territorial law enforcement operations involving financial crimes and
violations:
(a) the National Association of Attorneys General;
(b) the National District Attorneys Association; and
(c) such other representatives of State, local, tribal, and territorial law
enforcement as the Attorney General deems appropriate.
Sec. 5. Outreach. Consistent with the law enforcement objectives set out
in this order, the Task Force, in accordance with applicable law, in
addition to regular meetings, shall conduct outreach with
representatives of financial institutions, corporate entities, nonprofit
organizations, State, local, tribal, and territorial governments and
agencies, and other interested persons to foster greater coordination
and participation in the detection and prosecution of financial fraud
and financial crimes, and in the enforcement of antitrust and
antidiscrimination laws.
Sec. 6. Administration. The Department of Justice, to the extent
permitted by law and subject to the availability of appropriations,
shall provide administrative support and funding for the Task Force.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to an executive department,
agency, or the head thereof, or the status of that department or
agency within the Federal Government; or
(ii) functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, or legislative
proposals.
(b) This Task Force shall replace, and continue the work of, the Corporate
Fraud Task Force created by Executive Order 13271 of July 9, 2002.
Executive Order 13271 is hereby terminated pursuant to section 6 of that
order.
(c) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(d) 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.
Sec. 8. Termination. The Task Force shall terminate when directed by the
President or, with the approval of the President, by the Attorney
General.
BARACK OBAMA
The White House,
November 17, 2009.
Executive Order 13520 of November 20, 2009
Reducing Improper Payments
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in the interest of reducing
payment errors and eliminating waste, fraud, and abuse in Federal
programs, it is hereby ordered as follows:
Section 1. Purpose. When the Federal Government makes payments to
individuals and businesses as program beneficiaries, grantees, or
contractors, or on behalf of program beneficiaries, it must make every
effort to confirm that the right recipient is receiving the right
payment for the right reason at the right time. The purpose of this
order is to reduce improper payments by intensifying efforts to
eliminate payment error, waste, fraud, and abuse in the major programs
administered by the Federal Government, while continuing to ensure that
Federal programs serve and provide access to their intended
beneficiaries. No single step will fully achieve these goals. Therefore,
this order adopts a comprehensive set of policies, including
transparency and public scrutiny of significant payment errors
throughout the Federal Government; a focus on identifying and
eliminating the highest improper payments; accountability for reducing
improper payments among executive branch agencies and officials; and
coordinated Federal, State, and local government action in identifying
and eliminating improper payments. Because this order targets error,
waste, fraud, and abuse--not legitimate use of Government services--
efforts to reduce improper payments under this order must protect access
to Federal programs by their intended beneficiaries.
Sec. 2. Transparency and Public Participation.
(a) Within 90 days of the date of this order, the Director of the Office
of Management and Budget (OMB) shall:
(i) identify Federal programs in which the highest dollar value or majority
of Government-wide improper payments occur (high-priority programs);
(ii) establish, in coordination with the executive department or agency
(agency) responsible for administering the high-priority program annual or
semi-annual targets (or where such targets already exist, supplemental
targets), as appropriate, for reducing improper payments associated with
each high-priority program;
(iii) issue Government-wide guidance on the implementation of this order,
including procedures for identifying and publicizing the list of entities
described in subsection (b)(v) of this section and for administrative
appeal of the decision to publish the identity of those entities, prior to
publication; and
(iv) establish a working group consisting of Federal, State, and local
officials to make recommendations to the Director of OMB designed to
improve the Federal Government's measurement of access to Federal programs
by the programs' intended beneficiaries. The working group's
recommendations shall be prepared in consultation with the Council of
Inspectors General on Integrity and Efficiency (CIGIE) and submitted within
180 days of the date of this order, and the recommended measurements may be
incorporated by the Secretary of the Treasury in the information published
pursuant to subsection (b) of this section.
(b) Within 180 days of the date of this order, the Secretary of the
Treasury in coordination with the Attorney General and the Director of
OMB, shall publish on the Internet information about improper payments
under high-priority programs. The information shall include, subject to
Federal privacy policies and to the extent permitted by law:
(i) the names of the accountable officials designated under section 3 of
this order;
(ii) current and historical rates and amounts of improper payments,
including, where known and appropriate, causes of the improper payments;
(iii) current and historical rates and amounts of recovery of improper
payments, where appropriate (or, where improper payments are identified
solely on the basis of a sample, recovery rates and amounts estimated on
the basis of the applicable sample);
(iv) targets for reducing as well as recovering improper payments, where
appropriate; and
(v) the entities that have received the greatest amount of outstanding
improper payments (or, where improper payments are identified solely on the
basis of a sample, the entities that have received the greatest amount of
outstanding improper payments in the applicable sample).
Information on entities that have received the greatest amount of
outstanding improper payments shall not include any referrals the agency
made or anticipates making to the Department of Justice, or any
information provided in connection with such referrals.
(c) Within 180 days of the date of this order, the Secretary of the
Treasury in coordination with the Attorney General and the Director of
OMB and in consultation with the CIGIE, shall establish a central
Internet-based method to collect from the public information concerning
suspected incidents of waste, fraud, and abuse by an entity receiving
Federal funds that have led or may lead to improper payments by the
Federal Government.
(d) Agencies shall place a prominently displayed link to Internet-based
resources for addressing improper payments, including the resources
established under subsections (b) and (c) of this section, on their
Internet home pages.
Sec. 3. Agency Accountability and Coordination.
(a) Within 120 days of the date of this order, the head of each agency
responsible for operating a high-priority program shall designate an
official who holds an existing Senate-confirmed position to be
accountable for meeting the targets established under section 2 of this
order without unduly burdening program access and participation by
eligible beneficiaries. In those agencies where the majority of payments
are isolated to a single component, the head of the agency shall name a
second accountable official for that component whose sole responsibility
would be for program integrity activities and, as appropriate, shall
consolidate and coordinate all program integrity activities within the
component.
(b) Within 180 days of the date of this order, each agency official
designated under subsection (a) of this section, or otherwise designated
by the Director of OMB, shall provide the agency's Inspector General a
report containing:
(i) the agency's methodology for identifying and measuring improper
payments by the agency's high-priority programs;
(ii) the agency's plans, together with supporting analysis, for meeting the
reduction targets for improper payments in the agency's high-priority
programs; and
(iii) the agency's plan, together with supporting analysis, for ensuring
that initiatives undertaken pursuant to this order do not unduly burden
program access and participation by eligible beneficiaries.
Following the receipt and review of this information, the agency
Inspector General shall assess the level of risk associated with the
applicable programs, determine the extent of oversight warranted, and
provide the agency head with recommendations, if any, for modifying the
agency's methodology, improper payment reduction plans, or program
access and participation plans.
(c) If an agency fails to meet the targets established under section 2
of this order or implement the plan described in subsection (b)(iii) of
this section for 2 consecutive years, that agency's accountable official
designated under subsection (a) of this section shall submit to the
agency head, Inspector General, and Chief Financial Officer a report
describing the likely causes of the agency's failure and proposing a
remedial plan. The agency head shall review this plan and, in
consultation with the Inspector General and Chief Financial Officer,
forward the plan with any additional comments and analysis to the
Director of OMB.
(d) Within 180 days of the date of this order, the Chief Financial
Officers Council (CFOC) in consultation with the CIGIE, the Department
of Justice, and program experts, shall make recommendations to the
Director of OMB and the Secretary of the Treasury on actions (including
actions related to forensic accounting and audits) agencies should take
to more effectively tailor their methodologies for identifying and
measuring improper payments to those programs, or components of
programs, where improper payments are most likely to occur.
Recommendations shall address the manner in which the recommended
actions would affect program access and participation by eligible
beneficiaries.
(e) Within 180 days of the date of this order, the Secretary of the
Treasury and the Director of OMB in consultation with the CIGIE, the
Department of Justice, and program experts, shall recommend to the
President actions designed to reduce improper payments by improving
information sharing among agencies and programs, and where applicable,
State and local governments and other stakeholders. The recommendations
shall address the ways in which information sharing may improve
eligibility verification and pre-payment scrutiny, shall identify legal
or regulatory impediments to effective information sharing, and shall
address the manner in which the recommended actions would affect program
access and participation by eligible beneficiaries.
(f) Within 180 days of the date of this order, and at least once every
quarter thereafter, the head of each agency shall submit to the agency's
Inspector General and the CIGIE, and make available to the public, a
report on any high-dollar improper payments identified by the agency,
subject to Federal privacy policies and to the extent permitted by law.
The report shall describe any actions the agency has taken or plans to
take to recover improper payments, as well as any actions the agency
intends to take to prevent improper payments from occurring in the
future. The report shall not include any referrals the agency made or
anticipates making to the Department of Justice, or any information
provided in connection with such referrals. Following the review of each
report, the agency Inspector General and the CIGIE shall assess the
level of risk associated with the applicable program, determine the
extent of oversight warranted, and provide the agency head with
recommendations, if any, for modifying the agency's plans.
Sec. 4. Enhanced Focus on Contractors and Working with State and Local
Stakeholders.
(a) Within 180 days of the date of this order, the Federal Acquisition
Regulatory Council, in coordination with the Director of OMB, and in
consultation with the National Procurement Fraud Task Force (or its
successor group), the CIGIE, and appropriate agency officials, shall
recommend to the President actions designed to enhance contractor
accountability for improper payments. The recommendations may include,
but are not limited to, subjecting contractors to debarment, suspension,
financial penalties, and identification through a public Internet
website, subject to Federal privacy policies and to the extent permitted
by law and where the identification would not interfere with or
compromise an ongoing criminal or civil investigation, for knowingly
failing timely to disclose credible evidence of significant overpayments
received on Government contracts.
(b) Within 30 days of the date of this order, the Director of OMB shall
establish a working group consisting of Federal and elected State and
local officials to make recommendations to the Director of OMB designed
to improve the effectiveness of single audits of State and local
governments and non-profit organizations that are expending Federal
funds. The Director of OMB may designate an appropriate official to
serve as Chair of the working group to convene its meetings and direct
its work. The working group's recommendations shall be prepared in
consultation with the CIGIE and submitted within 180 days of the date of
this order. The recommendations shall address, among other things, the
effectiveness of single audits in identifying improper payments and
opportunities to streamline or eliminate single audit requirements where
their value is minimal.
(c) Within 30 days of the date of this order, the Director of OMB shall
establish a working group (which may be separate from the group
established under subsection (b) of this section) consisting of Federal
and elected State and local officials to make recommendations to the
Director of OMB for administrative actions designed to improve the
incentives and accountability of State and local governments, as well as
other entities receiving Federal funds, for reducing improper payments.
The Director of OMB may designate an appropriate official to serve as
Chair of the working group to convene its meetings and direct its work.
The working group's recommendations shall be prepared in consultation
with the CIGIE and submitted within 180 days of the date of this order.
Sec. 5. Policy Proposals. The Director of OMB, in consultation with the
appropriate agencies and the CIGIE, shall develop policy
recommendations, including potential legislative proposals, designed to
reduce improper payments, including those caused by error, waste, fraud,
and abuse, across Federal programs without compromising program access,
to be included, as appropriate, in the Budget of the United States
Government for Fiscal Year 2011 and future years, or other
Administration proposals.
Sec. 6. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to a department, agency, the head thereof, or
any agency Inspector General; or
(ii) functions of the Director of OMB relating to budgetary,
administrative, or legislative proposals.
(b) Nothing in this order shall be construed to require the disclosure
of classified information, law enforcement sensitive information, or
other information that must be protected in the interests of national
security.
(c) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(d) 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
The White House,
November 20, 2009.
Executive Order 13521 of November 24, 2009
Establishing the Presidential Commission for the Study of Bioethical
Issues
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Establishment. There is established within the Department of
Health and Human Services the Presidential Commission for the Study of
Bioethical Issues (Commission).
Sec. 2. Mission.
(a) The Commission shall advise the President on bioethical issues that
may emerge as a consequence of advances in biomedicine and related areas
of science and technology. The Commission shall pursue its work with the
goal of identifying and promoting policies and practices that ensure
scientific research, healthcare delivery, and technological innovation
are conducted in an ethically responsible manner. To achieve this goal,
the Commission shall:
(i) identify and examine specific bioethical, legal, and social issues
related to the potential impacts of advances in biomedical and behavioral
research, healthcare delivery, or other areas of science and technology;
(ii) recommend any legal, regulatory, or policy actions it deems
appropriate to address these issues; and
(iii) critically examine diverse perspectives and explore possibilities for
useful international collaboration on these issues.
(b) In support of its mission, the Commission may examine issues linked
to specific technologies, including but not limited to the creation of
stem cells by novel means; intellectual property issues involving
genetic sequencing, biomarkers, and other screening tests used for risk
assessment; and the application of neuro- and robotic sciences. It may
also examine broader issues not linked to specific technologies,
including but not limited to the protection of human research
participants; scientific integrity and conflicts of interest in
research; and the intersection of science and human rights.
(c) The Commission shall not be responsible for the review and approval
of specific projects.
(d) The Commission may accept suggestions of issues for consideration
from executive departments and agencies and the public as it deems
appropriate in support of its mission.
(e) In establishing priorities for its activities, the Commission shall
consider, among other things, the significance of particular issues; the
need for legal, regulatory, and policy guidance with respect to such
issues; the connection of the issues to the goal of Federal advancement
of science and technology; and the availability of other appropriate
entities or fora for deliberating on the issues.
(f) The Commission is authorized to conduct original empirical and
conceptual research, commission papers and studies, hold hearings, and
establish committees and subcommittees, as necessary. The Commission is
authorized to develop reports or other materials.
Sec. 3. Membership.
(a) The Commission shall be an expert panel composed of not more than 13
members appointed by the President, drawn from the fields of bioethics,
science, medicine, technology, engineering, law, philosophy, theology,
or other areas of the humanities or social sciences, at least one and
not more than three of whom may be bioethicists or scientists drawn from
the executive branch, as designated by the President.
(b) The President shall designate a Chair and Vice Chair from among the
members of the Commission. The Chair shall convene and preside at
meetings of the Commission, determine its agenda, and direct its work.
The Vice Chair shall perform the duties of the Chair in the absence or
disability of the Chair and shall perform such other functions as the
Chair may from time to time assign.
(c) Members shall serve for a term of 2 years and shall be eligible for
reappointment. Members may continue to serve after the expiration of
their terms until the appointment of a successor.
Sec. 4. Administration.
(a) The Department of Health and Human Services shall provide funding
and administrative support for the Commission to the extent permitted by
law and within existing appropriations.
(b) All executive departments and agencies and all entities within the
Executive Office of the President shall provide information and
assistance to the Commission as the Chair may request for purposes of
carrying out the Commission's functions, to the extent permitted by law.
(c) The Commission shall have a staff headed by an Executive Director,
who shall be appointed by the Secretary of Health and Human Services in
consultation with the Chair and Vice Chair.
(d) Members of the Commission shall serve without compensation, but
shall be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law for persons serving intermittently in
Government service (5 U.S.C. 5701-5707), consistent with the
availability of funds.
Sec. 5. Termination. The Commission shall terminate 2 years after the
date of this order unless extended by the President.
Sec. 6. General Provisions.
(a) This order supersedes Executive Order 13237 of November 28, 2001.
(b) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C.
App.), may apply to the Commission, any functions of the President under
that Act, except that of reporting to the Congress, shall be performed
by the Secretary of Health and Human Services in accordance with the
guidelines that have been issued by the Administrator of General
Services.
(c) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to an executive department, agency, or the
head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(d) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(e) 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
The White House,
November 24, 2009.
Executive Order 13522 of December 9, 2009
Creating Labor-Management Forums To Improve Delivery of Government
Services
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to establish a
cooperative and productive form of labor-management relations throughout
the executive branch, it is hereby ordered as follows:
Section 1. Policy. Federal employees and their union representatives are
an essential source of front-line ideas and information about the
realities of delivering Government services to the American people. A
nonadversarial forum for managers, employees, and employees' union
representatives to discuss Government operations will promote
satisfactory labor relations and improve the productivity and
effectiveness of the Federal Government. Labor-management forums, as
complements to the existing collective bargaining process, will allow
managers and employees to collaborate in continuing to deliver the
highest quality services to the American people. Management should
discuss workplace challenges and problems with labor and endeavor to
develop solutions jointly, rather than advise union representatives of
predetermined solutions to problems and then engage in bargaining over
the impact and implementation of the predetermined solutions.
The purpose of this order is to establish a cooperative and
productive form of labor-management relations throughout the executive
branch.
Sec. 2. The National Council on Federal Labor-Management Relations.
There is established the National Council on Federal Labor-Management
Relations (Council).
(a) Membership. The Council shall be composed of the following
members appointed or designated by the President:
(i) the Director of the Office of Personnel Management (OPM)
and Deputy Director for Management of the Office of Management and
Budget (OMB), who shall serve as Co-Chairs of the Council;
(ii) the Chair of the Federal Labor Relations Authority;
(iii) a Deputy Secretary or other officer with department- or
agency-wide authority from each of five executive departments or
agencies not otherwise represented on the Council, who shall serve
for terms of 2 years;
(iv) the President of the American Federation of Government
Employees, AFL-CIO;
(v) the President of the National Federation of Federal
Employees;
(vi) the President of the National Treasury Employees Union;
(vii) the President of the International Federation of
Professional and Technical Engineers, AFL-CIO;
(viii) the heads of three other labor unions that represent
Federal employees and are not otherwise represented on the
Council, who shall serve for terms of 2 years;
(ix) the President of the Senior Executives Association; and
(x) the President of the Federal Managers Association.
(b) Responsibilities and Functions. The Council shall advise the
President on matters involving labor-management relations in the
executive branch. Its activities shall include, to the extent permitted
by law:
(i) supporting the creation of department- or agency-level
labor-management forums and promoting partnership efforts between
labor and management in the executive branch;
(ii) developing suggested measurements and metrics for the
evaluation of the effectiveness of the Council and department or
agency labor-management forums in order to promote consistent,
appropriate, and administratively efficient measurement and
evaluation processes across departments and agencies;
(iii) collecting and disseminating information about, and
providing guidance on, labor-management relations improvement
efforts in the executive branch, including results achieved;
(iv) utilizing the expertise of individuals both within and
outside the Federal Government to foster successful labor-
management relations, including through training of department and
agency personnel in methods of dispute resolution and cooperative
methods of labor-management relations;
(v) developing recommendations for innovative ways to improve
delivery of services and products to the public while cutting
costs and advancing employee interests;
(vi) serving as a venue for addressing systemic failures of
department- or agency-level forums established pursuant to section
3 of this order; and
(vii) providing recommendations to the President for the
implementation of several pilot programs within the executive
branch, described in section 4 of this order, for bargaining over
subjects set forth in 5 U.S.C. 7106(b)(1).
(c) Administration.
(i) The Co-Chairs shall convene and preside at meetings of the
Council, determine its agenda, and direct its work.
(ii) The Council shall seek input from nonmember executive
departments and agencies, particularly smaller agencies. It also
may, from time to time, invite persons from the private and public
sectors to submit information. The Council shall also seek input
from Federal manager and professional associations, companies,
nonprofit organizations, State and local governments, Federal
employees, and customers of Federal services, as needed.
(iii) To the extent permitted by law and subject to the
availability of appropriations, OPM shall provide such facilities,
support, and administrative services to the Council as the
Director of OPM deems appropriate.
(iv) Members of the Council shall serve without compensation
for their work on the Council, but may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by law
for persons serving intermittently in Government service (5 U.S.C.
5701-5707), consistent with the availability of funds.
(v) The heads of executive departments and agencies shall, to
the extent permitted by law, provide to the Council such
assistance, information, and advice as the Council may require for
purposes of carrying out its functions.
(vi) Insofar as the Federal Advisory Committee Act, as amended
(5 U.S.C. App.), may apply to the Council, any functions of the
President under that Act, except that of reporting to the
Congress, shall be performed by the Director of OPM in accordance
with the guidelines that have been issued by the Administrator of
General Services.
(d) Termination. The Council shall terminate 2 years after the date
of this order unless extended by the President.
Sec. 3. Implementation of Labor-Management Forums Throughout the
Executive Branch.
(a) The head of each executive department or agency that is subject
to the provisions of the Federal Service Labor-Management Relations Act
(5 U.S.C. 7101 et seq.), or any other authority permitting employees of
such department or agency to select an exclusive representative shall,
to the extent permitted by law:
(i) establish department- or agency-level labor-management
forums by creating labor-management committees or councils at the
levels of recognition and other appropriate levels agreed to by
labor and management, or adapting existing councils or committees
if such groups exist, to help identify problems and propose
solutions to better serve the public and agency missions;
(ii) allow employees and their union representatives to have
pre-decisional involvement in all workplace matters to the fullest
extent practicable, without regard to whether those matters are
negotiable subjects of bargaining under 5 U.S.C. 7106; provide
adequate information on such matters expeditiously to union
representatives where not prohibited by law; and make a good-faith
attempt to resolve issues concerning proposed changes in
conditions of employment, including those involving the subjects
set forth in 5 U.S.C. 7106(b)(1), through discussions in its
labor-management forums; and
(iii) evaluate and document, in consultation with union
representatives and consistent with the purposes of this order and
any further guidance provided by the Council, changes in employee
satisfaction, manager satisfaction, and organizational performance
resulting from the labor-management forums.
(b) Each head of an executive department or agency in which there
exists one or more exclusive representatives shall, in consultation with
union representatives, prepare and submit for approval, within 90 days
of the date of this order, a written implementation plan to the Council.
The plan shall:
(i) describe how the department or agency will conduct a
baseline assessment of the current state of labor relations within
the department or agency;
(ii) report the extent to which the department or agency has
established labor-management forums, as set forth in subsection
(a)(i) of this section, or may participate in the pilot projects
described in section 4 of this order;
(iii) address how the department or agency will work with the
exclusive representatives of its employees through its labor-
management forums to develop department-, agency-, or bargaining
unit-specific metrics to monitor improvements in areas such as
labor-management satisfaction, productivity gains, cost savings,
and other areas as identified by the relevant labor-management
forum's participants; and
(iv) explain the department's or agency's plan for devoting
sufficient resources to the implementation of the plan.
(c) The Council shall review each executive department or agency
implementation plan within 30 days of receipt and provide a
recommendation to the Co-Chairs as to whether to certify that the plan
satisfies all requirements of this order. Plans that are determined by
the Co-Chairs to be insufficient will be returned to the department or
agency with guidance for improvement and resubmission within 30 days.
Each department or agency covered by subsection (b) of this section must
have a certified implementation plan in place no later than 150 days
after the date of this order, unless the Co-Chairs of the Council
authorize an extension of the deadline.
Sec. 4. Negotiation over Permissive Subjects of Bargaining.
(a) In order to evaluate the impact of bargaining over permissive
subjects, several pilot projects of specified duration shall be
established in which some executive departments or agencies elect to
bargain over some or all of the subjects set forth in 5 U.S.C.
7106(b)(1) and waive any objection to participating in impasse
procedures set forth in 5 U.S.C. 7119 that is based on the subjects
being permissive. The Council shall develop recommendations for
establishing the pilot projects, including (i) recommendations for
evaluating such pilot projects on the basis, among other things, of
their impacts on organizational performance, employee satisfaction, and
labor relations of the affected departments or agencies; (ii)
recommended methods for evaluating the effectiveness of dispute
resolution procedures adopted and followed in the course of the pilot
projects; and (iii) a recommended timeline for expeditious
implementation of the pilot programs.
(b) The Council shall present its recommendations to the President
within 150 days after the date of this order.
(c) No later than 18 months after implementation of the pilot
projects, the Council shall submit a report to the President evaluating
the results of the pilots and recommending appropriate next steps with
respect to agency bargaining over the subjects set forth in 5 U.S.C.
7106(b)(1).
Sec. 5. General Provisions.
(a) Nothing in this order shall abrogate any collective bargaining
agreements in effect on the date of this order.
(b) Nothing in this order shall be construed to limit, preclude, or
prohibit any head of an executive department or agency from electing to
negotiate over any or all of the subjects set forth in 5 U.S.C.
7106(b)(1) in any negotiation.
(c) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to an executive department,
agency, or the head thereof; or
(ii) functions of the Director of OMB relating to budgetary,
administrative, or legislative proposals.
(d) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(e) This order is intended only to improve the internal management
of the executive branch and is not intended to, and does not, create any
right to administrative or judicial review, or any other 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
The White House,
December 9, 2009.
Executive Order 13523 of December 11, 2009
Half-Day Closing of Executive Departments and Agencies on Thursday,
December 24, 2009
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. All executive branch departments and agencies of the Federal
Government shall be closed and their employees excused from duty for the
last half of the scheduled workday on Thursday, December 24, 2009, the
day before Christmas Day, except as provided in section 2 of this order.
Sec. 2. The heads of executive branch departments and agencies may
determine that certain offices and installations of their organizations,
or parts thereof, must remain open and that certain employees must
remain on duty for the full scheduled workday on December 24, 2009, for
reasons of national security, defense, or other public need.
Sec. 3. Thursday, December 24, 2009, shall be considered as falling
within the scope of Executive Order 11582 of February 11, 1971, and of 5
U.S.C. 5546 and 6103(b) and other similar statutes insofar as they
relate to the pay and leave of employees of the United States.
Sec. 4. 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
The White House,
December 11, 2009.
Executive Order 13524 of December 16, 2009
Amending Executive Order 12425 Designating Interpol as a Public
International Organization Entitled To Enjoy Certain Privileges,
Exemptions, and Immunities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 1 of the
International Organizations Immunities Act (22 U.S.C. 288), and in order
to extend the appropriate privileges, exemptions, and immunities to the
International Criminal Police Organization (INTERPOL), it is hereby
ordered that Executive Order 12425 of June 16, 1983, as amended, is
further amended by deleting from the first sentence the words ``except
those provided by Section 2(c), Section 3, Section 4, Section 5, and
Section 6 of that Act'' and the semicolon that immediately precedes
them.
BARACK OBAMA
The White House,
December 16, 2009.
Executive Order 13525 of December 23, 2009
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the laws cited herein,
it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303 and section 744 of Division C of the Consolidated
Appropriations Act, 2010 (Public Law 111-117, December 16, 2009), are
set forth on the schedules attached hereto and made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the
Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of
Public Law 102-40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for
senior executives in the Senior Executive Service, as established
pursuant to 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto
and made a part hereof.
Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates
of basic pay or salaries for the following offices and positions are set
forth on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31)
at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a),
and section 140 of Public Law 97-92) at Schedule 7.
Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C.
203(a)) for members of the uniformed services, as adjusted under 37
U.S.C. 1009, and section 601 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84, October 28, 2009), and the rate
of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on
Schedule 8 attached hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments.
(a) Pursuant to section 5304 of title 5, United States Code, and
section 744 of Division C of the Consolidated Appropriations Act, 2010
(Public Law 111-117, December 16, 2009), locality-based comparability
payments shall be paid in accordance with Schedule 9 attached hereto and
made a part hereof.
(b) The Director of the Office of Personnel Management shall take
such actions as may be necessary to implement these payments and to
publish appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. The rates of basic pay for
administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4), are
set forth on Schedule 10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2010. The
other schedules contained herein are effective on the first day of the
first applicable pay period beginning on or after January 1, 2010.
Sec. 8. Prior Order Superseded. Executive Order 13483 of December 18,
2008, is superseded.
BARACK OBAMA
The White House,
December 23, 2009.
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Executive Order 13526 of December 29, 2009
Classified National Security Information
This order prescribes a uniform system for classifying, safeguarding,
and declassifying national security information, including information
relating to defense against transnational terrorism. Our democratic
principles require that the American people be informed of the
activities of their Government. Also, our Nation's progress depends on
the free flow of information both within the Government and to the
American people. Nevertheless, throughout our history, the national
defense has required that certain information be maintained in
confidence in order to protect our citizens, our democratic
institutions, our homeland security, and our interactions with foreign
nations. Protecting information critical to our Nation's security and
demonstrating our commitment to open Government through accurate and
accountable application of classification standards and routine, secure,
and effective declassification are equally important priorities.
NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as
President by the Constitution and the laws of the United States of
America, it is hereby ordered as follows:
PART 1--ORIGINAL CLASSIFICATION
Section 1.1. Classification Standards. (a) Information may be originally
classified under the terms of this order only if all of the following
conditions are met:
(1) an original classification authority is classifying the information;
(2) the information is owned by, produced by or for, or is under the
control of the United States Government;
(3) the information falls within one or more of the categories of
information listed in section 1.4 of this order; and
(4) the original classification authority determines that the unauthorized
disclosure of the information reasonably could be expected to result in
damage to the national security, which includes defense against
transnational terrorism, and the original classification authority is able
to identify or describe the damage.
(b) If there is significant doubt about the need to classify
information, it shall not be classified. This provision does not:
(1) amplify or modify the substantive criteria or procedures for
classification; or
(2) create any substantive or procedural rights subject to judicial review.
(c) Classified information shall not be declassified automatically
as a result of any unauthorized disclosure of identical or similar
information.
(d) The unauthorized disclosure of foreign government information is
presumed to cause damage to the national security.
Sec. 1.2. Classification Levels. (a) Information may be classified at
one of the following three levels:
(1) ``Top Secret'' shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause exceptionally
grave damage to the national security that the original classification
authority is able to identify or describe.
(2) ``Secret'' shall be applied to information, the unauthorized disclosure
of which reasonably could be expected to cause serious damage to the
national security that the original classification authority is able to
identify or describe.
(3) ``Confidential'' shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause damage to the
national security that the original classification authority is able to
identify or describe.
(b) Except as otherwise provided by statute, no other terms shall be
used to identify United States classified information.
(c) If there is significant doubt about the appropriate level of
classification, it shall be classified at the lower level.
Sec. 1.3. Classification Authority. (a) The authority to classify
information originally may be exercised only by:
(1) the President and the Vice President;
(2) agency heads and officials designated by the President; and
(3) United States Government officials delegated this authority pursuant to
paragraph (c) of this section.
(b) Officials authorized to classify information at a specified
level are also authorized to classify information at a lower level.
(c) Delegation of original classification authority.
(1) Delegations of original classification authority shall be limited to
the minimum required to administer this order. Agency heads are responsible
for ensuring that designated subordinate officials have a demonstrable and
continuing need to exercise this authority.
(2) ``Top Secret'' original classification authority may be delegated only
by the President, the Vice President, or an agency head or official
designated pursuant to paragraph (a)(2) of this section.
(3) ``Secret'' or ``Confidential'' original classification authority may be
delegated only by the President, the Vice President, an agency head or
official designated pursuant to paragraph (a)(2) of this section, or the
senior agency official designated under section 5.4(d) of this order,
provided that official has been delegated ``Top Secret'' original
classification authority by the agency head.
(4) Each delegation of original classification authority shall be in
writing and the authority shall not be redelegated except as provided in
this order. Each delegation shall identify the official by name or
position.
(5) Delegations of original classification authority shall be reported or
made available by name or position to the Director of the Information
Security Oversight Office.
(d) All original classification authorities must receive training in
proper classification (including the avoidance of over-classification)
and declassification as provided in this order and its implementing
directives at least once a calendar year. Such training must include
instruction on the proper safeguarding of classified information and on
the sanctions in section 5.5 of this order that may be brought against
an individual who fails to classify information properly or protect
classified information from unauthorized disclosure. Original
classification authorities who do not receive such mandatory training at
least once within a calendar year shall have their classification
authority suspended by the agency head or the senior agency official
designated under section 5.4(d) of this order until such training has
taken place. A waiver may be granted by the agency head, the deputy
agency head, or the senior agency official if an individual is unable to
receive such training due to unavoidable circumstances. Whenever a
waiver is granted, the individual shall receive such training as soon as
practicable.
(e) Exceptional cases. When an employee, government contractor,
licensee, certificate holder, or grantee of an agency who does not have
original classification authority originates information believed by
that person to require classification, the information shall be
protected in a manner consistent with this order and its implementing
directives. The information shall be transmitted promptly as provided
under this order or its implementing directives to the agency that has
appropriate subject matter interest and classification authority with
respect to this information. That agency shall decide within 30 days
whether to classify this information.
Sec. 1.4. Classification Categories. Information shall not be considered
for classification unless its unauthorized disclosure could reasonably
be expected to cause identifiable or describable damage to the national
security in accordance with section 1.2 of this order, and it pertains
to one or more of the following:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including covert action), intelligence
sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United States,
including confidential sources;
(e) scientific, technological, or economic matters relating to the
national security;
(f) United States Government programs for safeguarding nuclear
materials or facilities;
(g) vulnerabilities or capabilities of systems, installations,
infrastructures, projects, plans, or protection services relating to the
national security; or (h) the development, production, or use of weapons
of mass destruction.
Sec. 1.5. Duration of Classification. (a) At the time of original
classification, the original classification authority shall establish a
specific date or event for declassification based on the duration of the
national security sensitivity of the information. Upon reaching the date
or event, the information shall be automatically declassified. Except
for information that should clearly and demonstrably be expected to
reveal the identity of a confidential human source or a human
intelligence source or key design concepts of weapons of mass
destruction, the date or event shall not exceed the time frame
established in paragraph (b) of this section.
(b) If the original classification authority cannot determine an
earlier specific date or event for declassification, information shall
be marked for declassification 10 years from the date of the original
decision, unless the original classification authority otherwise
determines that the sensitivity of the information requires that it be
marked for declassification for up to 25 years from the date of the
original decision.
(c) An original classification authority may extend the duration of
classification up to 25 years from the date of origin of the document,
change the level of classification, or reclassify specific information
only when the standards and procedures for classifying information under
this order are followed.
(d) No information may remain classified indefinitely. Information
marked for an indefinite duration of classification under predecessor
orders, for example, marked as ``Originating Agency's Determination
Required,'' or classified information that contains incomplete
declassification instructions or lacks declassification instructions
shall be declassified in accordance with part 3 of this order.
Sec. 1.6. Identification and Markings. (a) At the time of original
classification, the following shall be indicated in a manner that is
immediately apparent:
(1) one of the three classification levels defined in section 1.2 of this
order;
(2) the identity, by name and position, or by personal identifier, of the
original classification authority;
(3) the agency and office of origin, if not otherwise evident;
(4) declassification instructions, which shall indicate one of the
following:
(A) the date or event for declassification, as prescribed in section
1.5(a);
(B) the date that is 10 years from the date of original classification,
as prescribed in section 1.5(b);
(C) the date that is up to 25 years from the date of original
classification, as prescribed in section 1.5(b); or
(D) in the case of information that should clearly and demonstrably be
expected to reveal the identity of a confidential human source or a human
intelligence source or key design concepts of weapons of mass destruction,
the marking prescribed in implementing directives issued pursuant to this
order; and
(5) a concise reason for classification that, at a minimum, cites the
applicable classification categories in section 1.4 of this order.
(b) Specific information required in paragraph (a) of this section
may be excluded if it would reveal additional classified information.
(c) With respect to each classified document, the agency originating
the document shall, by marking or other means, indicate which portions
are classified, with the applicable classification level, and which
portions are unclassified. In accordance with standards prescribed in
directives issued under this order, the Director of the Information
Security Oversight Office may grant and revoke temporary waivers of this
requirement. The Director shall revoke any waiver upon a finding of
abuse.
(d) Markings or other indicia implementing the provisions of this
order, including abbreviations and requirements to safeguard classified
working papers, shall conform to the standards prescribed in
implementing directives issued pursuant to this order.
(e) Foreign government information shall retain its original
classification markings or shall be assigned a U.S. classification that
provides a degree of protection at least equivalent to that required by
the entity that furnished the information. Foreign government
information retaining its original classification markings need not be
assigned a U.S. classification marking provided that the responsible
agency determines that the foreign government markings are adequate to
meet the purposes served by U.S. classification markings.
(f) Information assigned a level of classification under this or
predecessor orders shall be considered as classified at that level of
classification despite the omission of other required markings. Whenever
such information is used in the derivative classification process or is
reviewed for possible declassification, holders of such information
shall coordinate with an appropriate classification authority for the
application of omitted markings.
(g) The classification authority shall, whenever practicable, use a
classified addendum whenever classified information constitutes a small
portion of an otherwise unclassified document or prepare a product to
allow for dissemination at the lowest level of classification possible
or in unclassified form.
(h) Prior to public release, all declassified records shall be
appropriately marked to reflect their declassification.
Sec. 1.7. Classification Prohibitions and Limitations. (a) In no case
shall information be classified, continue to be maintained as
classified, or fail to be declassified in order to:
(1) conceal violations of law, inefficiency, or administrative error;
(2) prevent embarrassment to a person, organization, or agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does not require
protection in the interest of the national security.
(b) Basic scientific research information not clearly related to the
national security shall not be classified.
(c) Information may not be reclassified after declassification and
release to the public under proper authority unless:
(1) the reclassification is personally approved in writing by the agency
head based on a document-by-document determination by the agency that
reclassification is required to prevent significant and demonstrable damage
to the national security;
(2) the information may be reasonably recovered without bringing undue
attention to the information;
(3) the reclassification action is reported promptly to the Assistant to
the President for National Security Affairs (National Security Advisor) and
the Director of the Information Security Oversight Office; and
(4) for documents in the physical and legal custody of the National
Archives and Records Administration (National Archives) that have been
available for public use, the agency head has, after making the
determinations required by this paragraph, notified the Archivist of the
United States (Archivist), who shall suspend public access pending approval
of the reclassification action by the Director of the Information Security
Oversight Office. Any such decision by the Director may be appealed by the
agency head to the President through the National Security Advisor. Public
access shall remain suspended pending a prompt decision on the appeal.
(d) Information that has not previously been disclosed to the public
under proper authority may be classified or reclassified after an agency
has received a request for it under the Freedom of Information Act (5
U.S.C. 552), the Presidential Records Act, 44 U.S.C. 2204(c)(1), the
Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions
of section 3.5 of this order only if such classification meets the
requirements of this order and is accomplished on a document-by-document
basis with the personal participation or under the direction of the
agency head, the deputy agency head, or the senior agency official
designated under section 5.4 of this order. The requirements in this
paragraph also apply to those situations in which information has been
declassified in accordance with a specific date or event determined by
an original classification authority in accordance with section 1.5 of
this order.
(e) Compilations of items of information that are individually
unclassified may be classified if the compiled information reveals an
additional association or relationship that:
(1) meets the standards for classification under this order; and
(2) is not otherwise revealed in the individual items of information.
Sec. 1.8. Classification Challenges. (a) Authorized holders of
information who, in good faith, believe that its classification status
is improper are encouraged and expected to challenge the classification
status of the information in accordance with agency procedures
established under paragraph (b) of this section.
(b) In accordance with implementing directives issued pursuant to
this order, an agency head or senior agency official shall establish
procedures under which authorized holders of information, including
authorized holders outside the classifying agency, are encouraged and
expected to challenge the classification of information that they
believe is improperly classified or unclassified. These procedures shall
ensure that:
(1) individuals are not subject to retribution for bringing such actions;
(2) an opportunity is provided for review by an impartial official or
panel; and
(3) individuals are advised of their right to appeal agency decisions to
the Interagency Security Classification Appeals Panel (Panel) established
by section 5.3 of this order.
(c) Documents required to be submitted for prepublication review or
other administrative process pursuant to an approved nondisclosure
agreement are not covered by this section.
Sec. 1.9. Fundamental Classification Guidance Review. (a) Agency heads
shall complete on a periodic basis a comprehensive review of the
agency's classification guidance, particularly classification guides, to
ensure the guidance reflects current circumstances and to identify
classified information that no longer requires protection and can be
declassified. The initial fundamental classification guidance review
shall be completed within 2 years of the effective date of this order.
(b) The classification guidance review shall include an evaluation
of classified information to determine if it meets the standards for
classification under section 1.4 of this order, taking into account an
up-to-date assessment of likely damage as described under section 1.2 of
this order.
(c) The classification guidance review shall include original
classification authorities and agency subject matter experts to ensure a
broad range of perspectives.
(d) Agency heads shall provide a report summarizing the results of
the classification guidance review to the Director of the Information
Security Oversight Office and shall release an unclassified version of
this report to the public.
PART 2--DERIVATIVE CLASSIFICATION
Sec. 2.1. Use of Derivative Classification. (a) Persons who reproduce,
extract, or summarize classified information, or who apply
classification markings derived from source material or as directed by a
classification guide, need not possess original classification
authority.
(b) Persons who apply derivative classification markings shall:
(1) be identified by name and position, or by personal identifier, in a
manner that is immediately apparent for each derivative classification
action;
(2) observe and respect original classification decisions; and
(3) carry forward to any newly created documents the pertinent
classification markings. For information derivatively classified based on
multiple sources, the derivative classifier shall carry forward:
(A) the date or event for declassification that corresponds to the
longest period of classification among the sources, or the marking
established pursuant to section 1.6(a)(4)(D) of this order; and
(B) a listing of the source materials.
(c) Derivative classifiers shall, whenever practicable, use a
classified addendum whenever classified information constitutes a small
portion of an otherwise unclassified document or prepare a product to
allow for dissemination at the lowest level of classification possible
or in unclassified form.
(d) Persons who apply derivative classification markings shall
receive training in the proper application of the derivative
classification principles of the order, with an emphasis on avoiding
over-classification, at least once every 2 years. Derivative classifiers
who do not receive such training at least once every 2 years shall have
their authority to apply derivative classification markings suspended
until they have received such training. A waiver may be granted by the
agency head, the deputy agency head, or the senior agency official if an
individual is unable to receive such training due to unavoidable
circumstances. Whenever a waiver is granted, the individual shall
receive such training as soon as practicable.
Sec. 2.2. Classification Guides. (a) Agencies with original
classification authority shall prepare classification guides to
facilitate the proper and uniform derivative classification of
information. These guides shall conform to standards contained in
directives issued under this order.
(b) Each guide shall be approved personally and in writing by an
official who:
(1) has program or supervisory responsibility over the information or is
the senior agency official; and
(2) is authorized to classify information originally at the highest level
of classification prescribed in the guide.
(c) Agencies shall establish procedures to ensure that
classification guides are reviewed and updated as provided in directives
issued under this order.
(d) Agencies shall incorporate original classification decisions
into classification guides on a timely basis and in accordance with
directives issued under this order.
(e) Agencies may incorporate exemptions from automatic
declassification approved pursuant to section 3.3(j) of this order into
classification guides, provided that the Panel is notified of the intent
to take such action for specific information in advance of approval and
the information remains in active use.
(f) The duration of classification of a document classified by a
derivative classifier using a classification guide shall not exceed 25
years from the date of the origin of the document, except for:
(1) information that should clearly and demonstrably be expected to reveal
the identity of a confidential human source or a human intelligence source
or key design concepts of weapons of mass destruction; and
(2) specific information incorporated into classification guides in
accordance with section 2.2(e) of this order.
PART 3--DECLASSIFICATION AND DOWNGRADING
Sec. 3.1. Authority for Declassification. (a) Information shall be
declassified as soon as it no longer meets the standards for
classification under this order.
(b) Information shall be declassified or downgraded by:
(1) the official who authorized the original classification, if that
official is still serving in the same position and has original
classification authority;
(2) the originator's current successor in function, if that individual has
original classification authority;
(3) a supervisory official of either the originator or his or her successor
in function, if the supervisory official has original classification
authority; or (4) officials delegated declassification authority in writing
by the agency head or the senior agency official of the originating agency.
(c) The Director of National Intelligence (or, if delegated by the
Director of National Intelligence, the Principal Deputy Director of
National Intelligence) may, with respect to the Intelligence Community,
after consultation with the head of the originating Intelligence
Community element or department, declassify, downgrade, or direct the
declassification or downgrading of information or intelligence relating
to intelligence sources, methods, or activities.
(d) It is presumed that information that continues to meet the
classification requirements under this order requires continued
protection. In some exceptional cases, however, the need to protect such
information may be outweighed by the public interest in disclosure of
the information, and in these cases the information should be
declassified. When such questions arise, they shall be referred to the
agency head or the senior agency official. That official will determine,
as an exercise of discretion, whether the public interest in disclosure
outweighs the damage to the national security that might reasonably be
expected from disclosure. This provision does not:
(1) amplify or modify the substantive criteria or procedures for
classification; or
(2) create any substantive or procedural rights subject to judicial review.
(e) If the Director of the Information Security Oversight Office
determines that information is classified in violation of this order,
the Director may require the information to be declassified by the
agency that originated the classification. Any such decision by the
Director may be appealed to the President through the National Security
Advisor. The information shall remain classified pending a prompt
decision on the appeal.
(f) The provisions of this section shall also apply to agencies
that, under the terms of this order, do not have original classification
authority, but had such authority under predecessor orders.
(g) No information may be excluded from declassification under
section 3.3 of this order based solely on the type of document or record
in which it is found. Rather, the classified information must be
considered on the basis of its content.
(h) Classified nonrecord materials, including artifacts, shall be
declassified as soon as they no longer meet the standards for
classification under this order.
(i) When making decisions under sections 3.3, 3.4, and 3.5 of this
order, agencies shall consider the final decisions of the Panel.
Sec. 3.2. Transferred Records.
(a) In the case of classified records transferred in conjunction
with a transfer of functions, and not merely for storage purposes, the
receiving agency shall be deemed to be the originating agency for
purposes of this order.
(b) In the case of classified records that are not officially
transferred as described in paragraph (a) of this section, but that
originated in an agency that has ceased to exist and for which there is
no successor agency, each agency in possession of such records shall be
deemed to be the originating agency for purposes of this order. Such
records may be declassified or downgraded by the agency in possession of
the records after consultation with any other agency that has an
interest in the subject matter of the records.
(c) Classified records accessioned into the National Archives shall
be declassified or downgraded by the Archivist in accordance with this
order, the directives issued pursuant to this order, agency
declassification guides, and any existing procedural agreement between
the Archivist and the relevant agency head.
(d) The originating agency shall take all reasonable steps to
declassify classified information contained in records determined to
have permanent historical value before they are accessioned into the
National Archives. However, the Archivist may require that classified
records be accessioned into the National Archives when necessary to
comply with the provisions of the Federal Records Act. This provision
does not apply to records transferred to the Archivist pursuant to
section 2203 of title 44, United States Code, or records for which the
National Archives serves as the custodian of the records of an agency or
organization that has gone out of existence.
(e) To the extent practicable, agencies shall adopt a system of
records management that will facilitate the public release of documents
at the time such documents are declassified pursuant to the provisions
for automatic declassification in section 3.3 of this order.
Sec. 3.3 Automatic Declassification.
(a) Subject to paragraphs (b)-(d) and (g)-(j) of this section, all
classified records that (1) are more than 25 years old and (2) have been
determined to have permanent historical value under title 44, United
States Code, shall be automatically declassified whether or not the
records have been reviewed. All classified records shall be
automatically declassified on December 31 of the year that is 25 years
from the date of origin, except as provided in paragraphs (b)-(d) and
(g)-(j) of this section. If the date of origin of an individual record
cannot be readily determined, the date of original classification shall
be used instead.
(b) An agency head may exempt from automatic declassification under
paragraph (a) of this section specific information, the release of which
should clearly and demonstrably be expected to:
(1) reveal the identity of a confidential human source, a human
intelligence source, a relationship with an intelligence or security
service of a foreign government or international organization, or a
nonhuman intelligence source; or impair the effectiveness of an
intelligence method currently in use, available for use, or under
development;
(2) reveal information that would assist in the development, production, or
use of weapons of mass destruction;
(3) reveal information that would impair U.S. cryptologic systems or
activities;
(4) reveal information that would impair the application of state-of-the-
art technology within a U.S. weapon system;
(5) reveal formally named or numbered U.S. military war plans that remain
in effect, or reveal operational or tactical elements of prior plans that
are contained in such active plans;
(6) reveal information, including foreign government information, that
would cause serious harm to relations between the United States and a
foreign government, or to ongoing diplomatic activities of the United
States;
(7) reveal information that would impair the current ability of United
States Government officials to protect the President, Vice President, and
other protectees for whom protection services, in the interest of the
national security, are authorized;
(8) reveal information that would seriously impair current national
security emergency preparedness plans or reveal current vulnerabilities of
systems, installations, or infrastructures relating to the national
security; or
(9) violate a statute, treaty, or international agreement that does not
permit the automatic or unilateral declassification of information at 25
years.
(c)(1) An agency head shall notify the Panel of any specific file
series of records for which a review or assessment has determined that
the information within that file series almost invariably falls within
one or more of the exemption categories listed in paragraph (b) of this
section and that the agency proposes to exempt from automatic
declassification at 25 years.
(2) The notification shall include:
(A) a description of the file series;
(B) an explanation of why the information within the file series is
almost invariably exempt from automatic declassification and why the
information must remain classified for a longer period of time; and
(C) except when the information within the file series almost invariably
identifies a confidential human source or a human intelligence source or
key design concepts of weapons of mass destruction, a specific date or
event for declassification of the information, not to exceed December 31 of
the year that is 50 years from the date of origin of the records.
(3) The Panel may direct the agency not to exempt a designated file series
or to declassify the information within that series at an earlier date than
recommended. The agency head may appeal such a decision to the President
through the National Security Advisor.
(4) File series exemptions approved by the President prior to December 31,
2008, shall remain valid without any additional agency action pending Panel
review by the later of December 31, 2010, or December 31 of the year that
is 10 years from the date of previous approval.
(d) The following provisions shall apply to the onset of automatic
declassification:
(1) Classified records within an integral file block, as defined in this
order, that are otherwise subject to automatic declassification under this
section shall not be automatically declassified until December 31 of the
year that is 25 years from the date of the most recent record within the
file block.
(2) After consultation with the Director of the National Declassification
Center (the Center) established by section 3.7 of this order and before the
records are subject to automatic declassification, an agency head or senior
agency official may delay automatic declassification for up to five
additional years for classified information contained in media that make a
review for possible declassification exemptions more difficult or costly.
(3) Other than for records that are properly exempted from automatic
declassification, records containing classified information that originated
with other agencies or the disclosure of which would affect the interests
or activities of other agencies with respect to the classified information
and could reasonably be expected to fall under one or more of the
exemptions in paragraph (b) of this section shall be identified prior to
the onset of automatic declassification for later referral to those
agencies.
(A) The information of concern shall be referred by the Center
established by section 3.7 of this order, or by the centralized facilities
referred to in section 3.7(e) of this order, in a prioritized and scheduled
manner determined by the Center.
(B) If an agency fails to provide a final determination on a referral
made by the Center within 1 year of referral, or by the centralized
facilities referred to in section 3.7(e) of this order within 3 years of
referral, its equities in the referred records shall be automatically
declassified.
(C) If any disagreement arises between affected agencies and the Center
regarding the referral review period, the Director of the Information
Security Oversight Office shall determine the appropriate period of review
of referred records.
(D) Referrals identified prior to the establishment of the Center by
section 3.7 of this order shall be subject to automatic declassification
only in accordance with subparagraphs (d)(3)(A)-(C) of this section.
(4) After consultation with the Director of the Information Security
Oversight Office, an agency head may delay automatic declassification for
up to 3 years from the date of discovery of classified records that were
inadvertently not reviewed prior to the effective date of automatic
declassification.
(e) Information exempted from automatic declassification under this
section shall remain subject to the mandatory and systematic
declassification review provisions of this order.
(f) The Secretary of State shall determine when the United States
should commence negotiations with the appropriate officials of a foreign
government or international organization of governments to modify any
treaty or international agreement that requires the classification of
information contained in records affected by this section for a period
longer than 25 years from the date of its creation, unless the treaty or
international agreement pertains to information that may otherwise
remain classified beyond 25 years under this section.
(g) The Secretary of Energy shall determine when information
concerning foreign nuclear programs that was removed from the Restricted
Data category in order to carry out provisions of the National Security
Act of 1947, as amended, may be declassified. Unless otherwise
determined, such information shall be declassified when comparable
information concerning the United States nuclear program is
declassified.
(h) Not later than 3 years from the effective date of this order,
all records exempted from automatic declassification under paragraphs
(b) and (c) of this section shall be automatically declassified on
December 31 of a year that is no more than 50 years from the date of
origin, subject to the following:
(1) Records that contain information the release of which should clearly
and demonstrably be expected to reveal the following are exempt from
automatic declassification at 50 years:
(A) the identity of a confidential human source or a human intelligence
source; or
(B) key design concepts of weapons of mass destruction.
(2) In extraordinary cases, agency heads may, within 5 years of the onset
of automatic declassification, propose to exempt additional specific
information from declassification at 50 years.
(3) Records exempted from automatic declassification under this paragraph
shall be automatically declassified on December 31 of a year that is no
more than 75 years from the date of origin unless an agency head, within 5
years of that date, proposes to exempt specific information from
declassification at 75 years and the proposal is formally approved by the
Panel.
(i) Specific records exempted from automatic declassification prior
to the establishment of the Center described in section 3.7 of this
order shall be subject to the provisions of paragraph (h) of this
section in a scheduled and prioritized manner determined by the Center.
(j) At least 1 year before information is subject to automatic
declassification under this section, an agency head or senior agency
official shall notify the Director of the Information Security Oversight
Office, serving as Executive Secretary of the Panel, of any specific
information that the agency proposes to exempt from automatic
declassification under paragraphs (b) and (h) of this section.
(1) The notification shall include:
(A) a detailed description of the information, either by reference to
information in specific records or in the form of a declassification guide;
(B) an explanation of why the information should be exempt from automatic
declassification and must remain classified for a longer period of time;
and
(C) a specific date or a specific and independently verifiable event for
automatic declassification of specific records that contain the information
proposed for exemption.
(2) The Panel may direct the agency not to exempt the information or to
declassify it at an earlier date than recommended. An agency head may
appeal such a decision to the President through the National Security
Advisor. The information will remain classified while such an appeal is
pending.
(k) For information in a file series of records determined not to
have permanent historical value, the duration of classification beyond
25 years shall be the same as the disposition (destruction) date of
those records in each Agency Records Control Schedule or General Records
Schedule, although the duration of classification shall be extended if
the record has been retained for business reasons beyond the scheduled
disposition date.
Sec. 3.4. Systematic Declassification Review.
(a) Each agency that has originated classified information under
this order or its predecessors shall establish and conduct a program for
systematic declassification review for records of permanent historical
value exempted from automatic declassification under section 3.3 of this
order. Agencies shall prioritize their review of such records in
accordance with priorities established by the Center.
(b) The Archivist shall conduct a systematic declassification review
program for classified records:
(1) accessioned into the National Archives; (2) transferred to the
Archivist pursuant to 44 U.S.C. 2203; and (3) for which the National
Archives serves as the custodian for an agency or organization that has
gone out of existence.
Sec. 3.5. Mandatory Declassification Review.
(a) Except as provided in paragraph (b) of this section, all
information classified under this order or predecessor orders shall be
subject to a review for declassification by the originating agency if:
(1) the request for a review describes the document or material containing
the information with sufficient specificity to enable the agency to locate
it with a reasonable amount of effort;
(2) the document or material containing the information responsive to the
request is not contained within an operational file exempted from search
and review, publication, and disclosure under 5 U.S.C. 552 in accordance
with law; and
(3) the information is not the subject of pending litigation.
(b) Information originated by the incumbent President or the
incumbent Vice President; the incumbent President's White House Staff or
the incumbent Vice President's Staff; committees, commissions, or boards
appointed by the incumbent President; or other entities within the
Executive Office of the President that solely advise and assist the
incumbent President is exempted from the provisions of paragraph (a) of
this section. However, the Archivist shall have the authority to review,
downgrade, and declassify papers or records of former Presidents and
Vice Presidents under the control of the Archivist pursuant to 44 U.S.C.
2107, 2111, 2111 note, or 2203. Review procedures developed by the
Archivist shall provide for consultation with agencies having primary
subject matter interest and shall be consistent with the provisions of
applicable laws or lawful agreements that pertain to the respective
Presidential papers or records. Agencies with primary subject matter
interest shall be notified promptly of the Archivist's decision. Any
final decision by the Archivist may be appealed by the requester or an
agency to the Panel. The information shall remain classified pending a
prompt decision on the appeal.
(c) Agencies conducting a mandatory review for declassification
shall declassify information that no longer meets the standards for
classification under this order. They shall release this information
unless withholding is otherwise authorized and warranted under
applicable law.
(d) If an agency has reviewed the requested information for
declassification within the past 2 years, the agency need not conduct
another review and may instead inform the requester of this fact and the
prior review decision and advise the requester of appeal rights provided
under subsection (e) of this section.
(e) In accordance with directives issued pursuant to this order,
agency heads shall develop procedures to process requests for the
mandatory review of classified information. These procedures shall apply
to information classified under this or predecessor orders. They also
shall provide a means for administratively appealing a denial of a
mandatory review request, and for notifying the requester of the right
to appeal a final agency decision to the Panel.
(f) After consultation with affected agencies, the Secretary of
Defense shall develop special procedures for the review of cryptologic
information; the Director of National Intelligence shall develop special
procedures for the review of information pertaining to intelligence
sources, methods, and activities; and the Archivist shall develop
special procedures for the review of information accessioned into the
National Archives.
(g) Documents required to be submitted for prepublication review or
other administrative process pursuant to an approved nondisclosure
agreement are not covered by this section.
(h) This section shall not apply to any request for a review made to
an element of the Intelligence Community that is made by a person other
than an individual as that term is defined by 5 U.S.C. 552a(a)(2), or by
a foreign government entity or any representative thereof.
Sec. 3.6. Processing Requests and Reviews. Notwithstanding section
4.1(i) of this order, in response to a request for information under the
Freedom of Information Act, the Presidential Records Act, the Privacy
Act of 1974, or the mandatory review provisions of this order:
(a) An agency may refuse to confirm or deny the existence or
nonexistence of requested records whenever the fact of their existence
or nonexistence is itself classified under this order or its
predecessors.
(b) When an agency receives any request for documents in its custody
that contain classified information that originated with other agencies
or the disclosure of which would affect the interests or activities of
other agencies with respect to the classified information, or identifies
such documents in the process of implementing sections 3.3 or 3.4 of
this order, it shall refer copies of any request and the pertinent
documents to the originating agency for processing and may, after
consultation with the originating agency, inform any requester of the
referral unless such association is itself classified under this order
or its predecessors. In cases in which the originating agency determines
in writing that a response under paragraph (a) of this section is
required, the referring agency shall respond to the requester in
accordance with that paragraph.
(c) Agencies may extend the classification of information in records
determined not to have permanent historical value or nonrecord
materials, including artifacts, beyond the time frames established in
sections 1.5(b) and 2.2(f) of this order, provided:
(1) the specific information has been approved pursuant to section 3.3(j)
of this order for exemption from automatic declassification; and
(2) the extension does not exceed the date established in section 3.3(j) of
this order.
Sec. 3.7. National Declassification Center. (a) There is established
within the National Archives a National Declassification Center to
streamline declassification processes, facilitate quality-assurance
measures, and implement standardized training regarding the
declassification of records determined to have permanent historical
value. There shall be a Director of the Center who shall be appointed or
removed by the Archivist in consultation with the Secretaries of State,
Defense, Energy, and Homeland Security, the Attorney General, and the
Director of National Intelligence.
(b) Under the administration of the Director, the Center shall
coordinate:
(1) timely and appropriate processing of referrals in accordance with
section 3.3(d)(3) of this order for accessioned Federal records and
transferred presidential records.
(2) general interagency declassification activities necessary to fulfill
the requirements of sections 3.3 and 3.4 of this order;
(3) the exchange among agencies of detailed declassification guidance to
enable the referral of records in accordance with section 3.3(d)(3) of this
order;
(4) the development of effective, transparent, and standard
declassification work processes, training, and quality assurance measures;
(5) the development of solutions to declassification challenges posed by
electronic records, special media, and emerging technologies;
(6) the linkage and effective utilization of existing agency databases and
the use of new technologies to document and make public declassification
review decisions and support declassification activities under the purview
of the Center; and
(7) storage and related services, on a reimbursable basis, for Federal
records containing classified national security information.
(c) Agency heads shall fully cooperate with the Archivist in the
activities of the Center and shall:
(1) provide the Director with adequate and current declassification
guidance to enable the referral of records in accordance with section
3.3(d)(3) of this order; and
(2) upon request of the Archivist, assign agency personnel to the Center
who shall be delegated authority by the agency head to review and exempt or
declassify information originated by their agency contained in records
accessioned into the National Archives, after consultation with subject-
matter experts as necessary.
(d) The Archivist, in consultation with representatives of the
participants in the Center and after input from the general public,
shall develop priorities for declassification activities under the
purview of the Center that take into account the degree of researcher
interest and the likelihood of declassification.
(e) Agency heads may establish such centralized facilities and
internal operations to conduct internal declassification reviews as
appropriate to achieve optimized records management and declassification
business processes. Once established, all referral processing of
accessioned records shall take place at the Center, and such agency
facilities and operations shall be coordinated with the Center to ensure
the maximum degree of consistency in policies and procedures that relate
to records determined to have permanent historical value.
(f) Agency heads may exempt from automatic declassification or
continue the classification of their own originally classified
information under section 3.3(a) of this order except that in the case
of the Director of National Intelligence, the Director shall also retain
such authority with respect to the Intelligence Community.
(g) The Archivist shall, in consultation with the Secretaries of
State, Defense, Energy, and Homeland Security, the Attorney General, the
Director of National Intelligence, the Director of the Central
Intelligence Agency, and the Director of the Information Security
Oversight Office, provide the National Security Advisor with a detailed
concept of operations for the Center and a proposed implementing
directive under section 5.1 of this order that reflects the coordinated
views of the aforementioned agencies.
PART 4--SAFEGUARDING
Sec. 4.1. General Restrictions on Access.
(a) A person may have access to classified information provided
that:
(1) a favorable determination of eligibility for access has been made by an
agency head or the agency head's designee;
(2) the person has signed an approved nondisclosure agreement; and
(3) the person has a need-to-know the information.
(b) Every person who has met the standards for access to classified
information in paragraph (a) of this section shall receive
contemporaneous training on the proper safeguarding of classified
information and on the criminal, civil, and administrative sanctions
that may be imposed on an individual who fails to protect classified
information from unauthorized disclosure.
(c) An official or employee leaving agency service may not remove
classified information from the agency's control or direct that
information be declassified in order to remove it from agency control.
(d) Classified information may not be removed from official premises
without proper authorization.
(e) Persons authorized to disseminate classified information outside
the executive branch shall ensure the protection of the information in a
manner equivalent to that provided within the executive branch.
(f) Consistent with law, executive orders, directives, and
regulations, an agency head or senior agency official or, with respect
to the Intelligence Community, the Director of National Intelligence,
shall establish uniform procedures to ensure that automated information
systems, including networks and telecommunications systems, that
collect, create, communicate, compute, disseminate, process, or store
classified information:
(1) prevent access by unauthorized persons;
(2) ensure the integrity of the information; and
(3) to the maximum extent practicable, use:
(A) common information technology standards, protocols, and interfaces
that maximize the availability of, and access to, the information in a form
and manner that facilitates its authorized use; and
(B) standardized electronic formats to maximize the accessibility of
information to persons who meet the criteria set forth in section 4.1(a) of
this order.
(g) Consistent with law, executive orders, directives, and
regulations, each agency head or senior agency official, or with respect
to the Intelligence Community, the Director of National Intelligence,
shall establish controls to ensure that classified information is used,
processed, stored, reproduced, transmitted, and destroyed under
conditions that provide adequate protection and prevent access by
unauthorized persons.
(h) Consistent with directives issued pursuant to this order, an
agency shall safeguard foreign government information under standards
that provide a degree of protection at least equivalent to that required
by the government or international organization of governments that
furnished the information. When adequate to achieve equivalency, these
standards may be less restrictive than the safeguarding standards that
ordinarily apply to U.S. ``Confidential'' information, including
modified handling and transmission and allowing access to individuals
with a need-to-know who have not otherwise been cleared for access to
classified information or executed an approved nondisclosure agreement.
(i)(1) Classified information originating in one agency may be
disseminated to another agency or U.S. entity by any agency to which it
has been made available without the consent of the originating agency,
as long as the criteria for access under section 4.1(a) of this order
are met, unless the originating agency has determined that prior
authorization is required for such dissemination and has marked or
indicated such requirement on the medium containing the classified
information in accordance with implementing directives issued pursuant
to this order.
(2) Classified information originating in one agency may be disseminated by
any other agency to which it has been made available to a foreign
government in accordance with statute, this order, directives implementing
this order, direction of the President, or with the consent of the
originating agency. For the purposes of this section, ``foreign
government'' includes any element of a foreign government, or an
international organization of governments, or any element thereof.
(3) Documents created prior to the effective date of this order shall not
be disseminated outside any other agency to which they have been made
available without the consent of the originating agency. An agency head or
senior agency official may waive this requirement for specific information
that originated within that agency.
(4) For purposes of this section, the Department of Defense shall be
considered one agency, except that any dissemination of information
regarding intelligence sources, methods, or activities shall be consistent
with directives issued pursuant tosection 6.2(b) of this order.
(5) Prior consent of the originating agency is not required when referring
records for declassification review that contain information originating in
more than one agency.
Sec. 4.2 Distribution Controls.
(a) The head of each agency shall establish procedures in accordance
with applicable law and consistent with directives issued pursuant to
this order to ensure that classified information is accessible to the
maximum extent possible by individuals who meet the criteria set forth
in section 4.1(a) of this order.
(b) In an emergency, when necessary to respond to an imminent threat
to life or in defense of the homeland, the agency head or any designee
may authorize the disclosure of classified information (including
information marked pursuant to section 4.1(i)(1) of this order) to an
individual or individuals who are otherwise not eligible for access.
Such actions shall be taken only in accordance with directives
implementing this order and any procedure issued by agencies governing
the classified information, which shall be designed to minimize the
classified information that is disclosed under these circumstances and
the number of individuals who receive it. Information disclosed under
this provision or implementing directives and procedures shall not be
deemed declassified as a result of such disclosure or subsequent use by
a recipient. Such disclosures shall be reported promptly to the
originator of the classified information. For purposes of this section,
the Director of National Intelligence may issue an implementing
directive governing the emergency disclosure of classified intelligence
information.
(c) Each agency shall update, at least annually, the automatic,
routine, or recurring distribution mechanism for classified information
that it distributes. Recipients shall cooperate fully with distributors
who are updating distribution lists and shall notify distributors
whenever a relevant change in status occurs.
Sec. 4.3. Special Access Programs. (a) Establishment of special access
programs. Unless otherwise authorized by the President, only the
Secretaries of State, Defense, Energy, and Homeland Security, the
Attorney General, and the Director of National Intelligence, or the
principal deputy of each, may create a special access program. For
special access programs pertaining to intelligence sources, methods, and
activities (but not including military operational, strategic, and
tactical programs), this function shall be exercised by the Director of
National Intelligence. These officials shall keep the number of these
programs at an absolute minimum, and shall establish them only when the
program is required by statute or upon a specific finding that:
(1) the vulnerability of, or threat to, specific information is
exceptional; and
(2) the normal criteria for determining eligibility for access applicable
to information classified at the same level are not deemed sufficient to
protect the information from unauthorized disclosure.
(b) Requirements and limitations.
(1) Special access programs shall be limited to programs in which the
number of persons who ordinarily will have access will be reasonably small
and commensurate with the objective of providing enhanced protection for
the information involved.
(2) Each agency head shall establish and maintain a system of accounting
for special access programs consistent with directives issued pursuant to
this order.
(3) Special access programs shall be subject to the oversight program
established under section 5.4(d) of this order. In addition, the Director
of the Information Security Oversight Office shall be afforded access to
these programs, in accordance with the security requirements of each
program, in order to perform the functions assigned to the Information
Security Oversight Office under this order. An agency head may limit access
to a special access program to the Director of the Information Security
Oversight Office and no more than one other employee of the Information
Security Oversight Office or, for special access programs that are
extraordinarily sensitive and vulnerable, to the Director only.
(4) The agency head or principal deputy shall review annually each special
access program to determine whether it continues to meet the requirements
of this order.
(5) Upon request, an agency head shall brief the National Security Advisor,
or a designee, on any or all of the agency's special access programs.
(6) For the purposes of this section, the term ``agency head'' refers only
to the Secretaries of State, Defense, Energy, and Homeland Security, the
Attorney General, and the Director of National Intelligence, or the
principal deputy of each.
(c) Nothing in this order shall supersede any requirement made by or
under 10 U.S.C. 119.
Sec. 4.4. Access by Historical Researchers and Certain Former Government
Personnel.
(a) The requirement in section 4.1(a)(3) of this order that access
to classified information may be granted only to individuals who have a
need-to-know the information may be waived for persons who:
(1) are engaged in historical research projects;
(2) previously have occupied senior policy-making positions to which they
were appointed or designated by the President or the Vice President; or
(3) served as President or Vice President.
(b) Waivers under this section may be granted only if the agency
head or senior agency official of the originating agency:
(1) determines in writing that access is consistent with the interest of
the national security;
(2) takes appropriate steps to protect classified information from
unauthorized disclosure or compromise, and ensures that the information is
safeguarded in a manner consistent with this order; and
(3) limits the access granted to former Presidential appointees or
designees and Vice Presidential appointees or designees to items that the
person originated, reviewed, signed, or received while serving as a
Presidential or Vice Presidential appointee or designee.
PART 5--IMPLEMENTATION AND REVIEW
Sec. 5.1. Program Direction. (a) The Director of the Information
Security Oversight Office, under the direction of the Archivist and in
consultation with the National Security Advisor, shall issue such
directives as are necessary to implement this order. These directives
shall be binding on the agencies. Directives issued by the Director of
the Information Security Oversight Office shall establish standards for:
(1) classification, declassification, and marking principles;
(2) safeguarding classified information, which shall pertain to the
handling, storage, distribution, transmittal, and destruction of and
accounting for classified information;
(3) agency security education and training programs;
(4) agency self-inspection programs; and
(5) classification and declassification guides.
(b) The Archivist shall delegate the implementation and monitoring
functions of this program to the Director of the Information Security
Oversight Office.
(c) The Director of National Intelligence, after consultation with
the heads of affected agencies and the Director of the Information
Security Oversight Office, may issue directives to implement this order
with respect to the protection of intelligence sources, methods, and
activities. Such directives shall be consistent with this order and
directives issued under paragraph (a) of this section.
Sec. 5.2. Information Security Oversight Office. (a) There is
established within the National Archives an Information Security
Oversight Office. The Archivist shall appoint the Director of the
Information Security Oversight Office, subject to the approval of the
President.
(b) Under the direction of the Archivist, acting in consultation
with the National Security Advisor, the Director of the Information
Security Oversight Office shall:
(1) develop directives for the implementation of this order;
(2) oversee agency actions to ensure compliance with this order and its
implementing directives;
(3) review and approve agency implementing regulations prior to their
issuance to ensure their consistency with this order and directives issued
under section 5.1(a) of this order;
(4) have the authority to conduct on-site reviews of each agency's program
established under this order, and to require of each agency those reports
and information and other cooperation that may be necessary to fulfill its
responsibilities. If granting access to specific categories of classified
information would pose an exceptional national security risk, the affected
agency head or the senior agency official shall submit a written
justification recommending the denial of access to the President through
the National Security Advisor within 60 days of the request for access.
Access shall be denied pending the response;
(5) review requests for original classification authority from agencies or
officials not granted original classification authority and, if deemed
appropriate, recommend Presidential approval through the National Security
Advisor;
(6) consider and take action on complaints and suggestions from persons
within or outside the Government with respect to the administration of the
program established under this order;
(7) have the authority to prescribe, after consultation with affected
agencies, standardization of forms or procedures that will promote the
implementation of the program established under this order;
(8) report at least annually to the President on the implementation of this
order; and
(9) convene and chair interagency meetings to discuss matters pertaining to
the program established by this order.
Sec. 5.3. Interagency Security Classification Appeals Panel.
(a) Establishment and administration.
(1) There is established an Interagency Security Classification Appeals
Panel. The Departments of State, Defense, and Justice, the National
Archives, the Office of the Director of National Intelligence, and the
National Security Advisor shall each be represented by a senior-level
representative who is a full-time or permanent part-time Federal officer or
employee designated to serve as a member of the Panel by the respective
agency head. The President shall designate a Chair from among the members
of the Panel.
(2) Additionally, the Director of the Central Intelligence Agency may
appoint a temporary representative who meets the criteria in paragraph
(a)(1) of this section to participate as a voting member in all Panel
deliberations and associated support activities concerning classified
information originated by the Central Intelligence Agency.
(3) A vacancy on the Panel shall be filled as quickly as possible as
provided in paragraph (a)(1) of this section.
(4) The Director of the Information Security Oversight Office shall serve
as the Executive Secretary of the Panel. The staff of the Information
Security Oversight Office shall provide program and administrative support
for the Panel.
(5) The members and staff of the Panel shall be required to meet
eligibility for access standards in order to fulfill the Panel's functions.
(6) The Panel shall meet at the call of the Chair. The Chair shall schedule
meetings as may be necessary for the Panel to fulfill its functions in a
timely manner.
(7) The Information Security Oversight Office shall include in its reports
to the President a summary of the Panel's activities.
(b) Functions. The Panel shall:
(1) decide on appeals by persons who have filed classification challenges
under section 1.8 of this order;
(2) approve, deny, or amend agency exemptions from automatic
declassification as provided in section 3.3 of this order;
(3) decide on appeals by persons or entities who have filed requests for
mandatory declassification review under section 3.5 of this order; and
(4) appropriately inform senior agency officials and the public of final
Panel decisions on appeals under sections 1.8 and 3.5 of this order.
(c) Rules and procedures. The Panel shall issue bylaws, which shall
be published in the Federal Register. The bylaws shall establish the
rules and procedures that the Panel will follow in accepting,
considering, and issuing decisions on appeals. The rules and procedures
of the Panel shall provide that the Panel will consider appeals only on
actions in which:
(1) the appellant has exhausted his or her administrative remedies within
the responsible agency;
(2) there is no current action pending on the issue within the Federal
courts; and
(3) the information has not been the subject of review by the Federal
courts or the Panel within the past 2 years.
(d) Agency heads shall cooperate fully with the Panel so that it can
fulfill its functions in a timely and fully informed manner. The Panel
shall report to the President through the National Security Advisor any
instance in which it believes that an agency head is not cooperating
fully with the Panel.
(e) The Panel is established for the sole purpose of advising and
assisting the President in the discharge of his constitutional and
discretionary authority to protect the national security of the United
States. Panel decisions are committed to the discretion of the Panel,
unless changed by the President.
(f) An agency head may appeal a decision of the Panel to the
President through the National Security Advisor. The information shall
remain classified pending a decision on the appeal.
Sec. 5.4. General Responsibilities. Heads of agencies that originate or
handle classified information shall:
(a) demonstrate personal commitment and commit senior management to
the successful implementation of the program established under this
order;
(b) commit necessary resources to the effective implementation of
the program established under this order;
(c) ensure that agency records systems are designed and maintained
to optimize the appropriate sharing and safeguarding of classified
information, and to facilitate its declassification under the terms of
this order when it no longer meets the standards for continued
classification; and
(d) designate a senior agency official to direct and administer the
program, whose responsibilities shall include:
(1) overseeing the agency's program established under this order, provided
an agency head may designate a separate official to oversee special access
programs authorized under this order. This official shall provide a full
accounting of the agency's special access programs at least annually;
(2) promulgating implementing regulations, which shall be published in the
Federal Register to the extent that they affect members of the public;
(3) establishing and maintaining security education and training programs;
(4) establishing and maintaining an ongoing self-inspection program, which
shall include the regular reviews of representative samples of the agency's
original and derivative classification actions, and shall authorize
appropriate agency officials to correct misclassification actions not
covered by sections 1.7(c) and 1.7(d) of this order; and reporting annually
to the Director of the Information Security Oversight Office on the
agency's self-inspection program;
(5) establishing procedures consistent with directives issued pursuant to
this order to prevent unnecessary access to classified information,
including procedures that:
(A) require that a need for access to classified information be
established before initiating administrative clearance procedures; and
(B) ensure that the number of persons granted access to classified
information meets the mission needs of the agency while also satisfying
operational and security requirements and needs;
(6) developing special contingency plans for the safeguarding of classified
information used in or near hostile or potentially hostile areas;
(7) ensuring that the performance contract or other system used to rate
civilian or military personnel performance includes the designation and
management of classified information as a critical element or item to be
evaluated in the rating of:
(A) original classification authorities;
(B) security managers or security specialists; and
(C) all other personnel whose duties significantly involve the creation
or handling of classified information, including personnel who regularly
apply derivative classification markings;
(8) accounting for the costs associated with the implementation of this
order, which shall be reported to the Director of the Information Security
Oversight Office for publication;
(9) assigning in a prompt manner agency personnel to respond to any
request, appeal, challenge, complaint, or suggestion arising out of this
order that pertains to classified information that originated in a
component of the agency that no longer exists and for which there is no
clear successor in function; and
(10) establishing a secure capability to receive information, allegations,
or complaints regarding over-classification or incorrect classification
within the agency and to provide guidance to personnel on proper
classification as needed.
Sec. 5.5. Sanctions. (a) If the Director of the Information Security
Oversight Office finds that a violation of this order or its
implementing directives has occurred, the Director shall make a report
to the head of the agency or to the senior agency official so that
corrective steps, if appropriate, may be taken.
(b) Officers and employees of the United States Government, and its
contractors, licensees, certificate holders, and grantees shall be
subject to appropriate sanctions if they knowingly, willfully, or
negligently:
(1) disclose to unauthorized persons information properly classified under
this order or predecessor orders;
(2) classify or continue the classification of information in violation of
this order or any implementing directive;
(3) create or continue a special access program contrary to the
requirements of this order; or
(4) contravene any other provision of this order or its implementing
directives.
(c) Sanctions may include reprimand, suspension without pay,
removal, termination of classification authority, loss or denial of
access to classified information, or other sanctions in accordance with
applicable law and agency regulation.
(d) The agency head, senior agency official, or other supervisory
official shall, at a minimum, promptly remove the classification
authority of any individual who demonstrates reckless disregard or a
pattern of error in applying the classification standards of this order.
(e) The agency head or senior agency official shall:
(1) take appropriate and prompt corrective action when a violation or
infraction under paragraph (b) of this section occurs; and
(2) notify the Director of the Information Security Oversight Office when a
violation under paragraph (b)(1), (2), or (3) of this section occurs.
PART 6--GENERAL PROVISIONS
Sec. 6.1. Definitions. For purposes of this order:
(a) ``Access'' means the ability or opportunity to gain knowledge of
classified information.
(b) ``Agency'' means any ``Executive agency,'' as defined in 5
U.S.C. 105; any ``Military department'' as defined in 5 U.S.C. 102; and
any other entity within the executive branch that comes into the
possession of classified information.
(c) ``Authorized holder'' of classified information means anyone who
satisfies the conditions for access stated in section 4.1(a) of this
order.
(d) ``Automated information system'' means an assembly of computer
hardware, software, or firmware configured to collect, create,
communicate, compute, disseminate, process, store, or control data or
information.
(e) ``Automatic declassification'' means the declassification of
information based solely upon:
(1) the occurrence of a specific date or event as determined by the
original classification authority; or
(2) the expiration of a maximum time frame for duration of classification
established under this order.
(f) ``Classification'' means the act or process by which information
is determined to be classified information.
(g) ``Classification guidance'' means any instruction or source that
prescribes the classification of specific information.
(h) ``Classification guide'' means a documentary form of
classification guidance issued by an original classification authority
that identifies the elements of information regarding a specific subject
that must be classified and establishes the level and duration of
classification for each such element.
(i) ``Classified national security information'' or ``classified
information'' means information that has been determined pursuant to
this order or any predecessor order to require protection against
unauthorized disclosure and is marked to indicate its classified status
when in documentary form.
(j) ``Compilation'' means an aggregation of preexisting unclassified
items of information.
(k) ``Confidential source'' means any individual or organization
that has provided, or that may reasonably be expected to provide,
information to the United States on matters pertaining to the national
security with the expectation that the information or relationship, or
both, are to be held in confidence.
(l) ``Damage to the national security'' means harm to the national
defense or foreign relations of the United States from the unauthorized
disclosure of information, taking into consideration such aspects of the
information as the sensitivity, value, utility, and provenance of that
information.
(m) ``Declassification'' means the authorized change in the status
of information from classified information to unclassified information.
(n) ``Declassification guide'' means written instructions issued by
a declassification authority that describes the elements of information
regarding a specific subject that may be declassified and the elements
that must remain classified.
(o) ``Derivative classification'' means the incorporating,
paraphrasing, restating, or generating in new form information that is
already classified, and marking the newly developed material consistent
with the classification markings that apply to the source information.
Derivative classification includes the classification of information
based on classification guidance. The duplication or reproduction of
existing classified information is not derivative classification.
(p) ``Document'' means any recorded information, regardless of the
nature of the medium or the method or circumstances of recording.
(q) ``Downgrading'' means a determination by a declassification
authority that information classified and safeguarded at a specified
level shall be classified and safeguarded at a lower level.
(r) ``File series'' means file units or documents arranged according
to a filing system or kept together because they relate to a particular
subject or function, result from the same activity, document a specific
kind of transaction, take a particular physical form, or have some other
relationship arising out of their creation, receipt, or use, such as
restrictions on access or use.
(s) ``Foreign government information'' means:
(1) information provided to the United States Government by a foreign
government or governments, an international organization of governments, or
any element thereof, with the expectation that the information, the source
of the information, or both, are to be held in confidence;
(2) information produced by the United States Government pursuant to or as
a result of a joint arrangement with a foreign government or governments,
or an international organization of governments, or any element thereof,
requiring that the information, the arrangement, or both, are to be held in
confidence; or
(3) information received and treated as ``foreign government information''
under the terms of a predecessor order.
(t) ``Information'' means any knowledge that can be communicated or
documentary material, regardless of its physical form or
characteristics, that is owned by, is produced by or for, or is under
the control of the United States Government.
(u) ``Infraction'' means any knowing, willful, or negligent action
contrary to the requirements of this order or its implementing
directives that does not constitute a ``violation,'' as defined below.
(v) ``Integral file block'' means a distinct component of a file
series, as defined in this section, that should be maintained as a
separate unit in order to ensure the integrity of the records. An
integral file block may consist of a set of records covering either a
specific topic or a range of time, such as a Presidential administration
or a 5-year retirement schedule within a specific file series that is
retired from active use as a group. For purposes of automatic
declassification, integral file blocks shall contain only records dated
within 10 years of the oldest record in the file block.
(w) ``Integrity'' means the state that exists when information is
unchanged from its source and has not been accidentally or intentionally
modified, altered, or destroyed.
(x) ``Intelligence'' includes foreign intelligence and
counterintelligence as defined by Executive Order 12333 of December 4,
1981, as amended, or by a successor order.
(y) ``Intelligence activities'' means all activities that elements
of the Intelligence Community are authorized to conduct pursuant to law
or Executive Order 12333, as amended, or a successor order.
(z) ``Intelligence Community'' means an element or agency of the
U.S. Government identified in or designated pursuant to section 3(4) of
the National Security Act of 1947, as amended, or section 3.5(h) of
Executive Order 12333, as amended.
(aa) ``Mandatory declassification review'' means the review for
declassification of classified information in response to a request for
declassification that meets the requirements under section 3.5 of this
order.
(bb) ``Multiple sources'' means two or more source documents,
classification guides, or a combination of both.
(cc) ``National security'' means the national defense or foreign
relations of the United States.
(dd) ``Need-to-know'' means a determination within the executive
branch in accordance with directives issued pursuant to this order that
a prospective recipient requires access to specific classified
information in order to perform or assist in a lawful and authorized
governmental function.
(ee) ``Network'' means a system of two or more computers that can
exchange data or information.
(ff) ``Original classification'' means an initial determination that
information requires, in the interest of the national security,
protection against unauthorized disclosure.
(gg) ``Original classification authority'' means an individual
authorized in writing, either by the President, the Vice President, or
by agency heads or other officials designated by the President, to
classify information in the first instance.
(hh) ``Records'' means the records of an agency and Presidential
papers or Presidential records, as those terms are defined in title 44,
United States Code, including those created or maintained by a
government contractor, licensee, certificate holder, or grantee that are
subject to the sponsoring agency's control under the terms of the
contract, license, certificate, or grant.
(ii) ``Records having permanent historical value'' means
Presidential papers or Presidential records and the records of an agency
that the Archivist has determined should be maintained permanently in
accordance with title 44, United States Code.
(jj) ``Records management'' means the planning, controlling,
directing, organizing, training, promoting, and other managerial
activities involved with respect to records creation, records
maintenance and use, and records disposition in order to achieve
adequate and proper documentation of the policies and transactions of
the Federal Government and effective and economical management of agency
operations.
(kk) ``Safeguarding'' means measures and controls that are
prescribed to protect classified information.
(ll) ``Self-inspection'' means the internal review and evaluation of
individual agency activities and the agency as a whole with respect to
the implementation of the program established under this order and its
implementing directives.
(mm) ``Senior agency official'' means the official designated by the
agency head under section 5.4(d) of this order to direct and administer
the agency's program under which information is classified, safeguarded,
and declassified.
(nn) ``Source document'' means an existing document that contains
classified information that is incorporated, paraphrased, restated, or
generated in new form into a new document.
(oo) ``Special access program'' means a program established for a
specific class of classified information that imposes safeguarding and
access requirements that exceed those normally required for information
at the same classification level.
(pp) ``Systematic declassification review'' means the review for
declassification of classified information contained in records that
have been determined by the Archivist to have permanent historical value
in accordance with title 44, United States Code.
(qq) ``Telecommunications'' means the preparation, transmission, or
communication of information by electronic means.
(rr) ``Unauthorized disclosure'' means a communication or physical
transfer of classified information to an unauthorized recipient.
(ss) ``U.S. entity'' includes:
(1) State, local, or tribal governments;
(2) State, local, and tribal law enforcement and firefighting entities;
(3) public health and medical entities;
(4) regional, state, local, and tribal emergency management entities,
including State Adjutants General and other appropriate public safety
entities; or
(5) private sector entities serving as part of the nation's Critical
Infrastructure/Key Resources.
(tt) ``Violation'' means:
(1) any knowing, willful, or negligent action that could reasonably be
expected to result in an unauthorized disclosure of classified information;
(2) any knowing, willful, or negligent action to classify or continue the
classification of information contrary to the requirements of this order or
its implementing directives; or
(3) any knowing, willful, or negligent action to create or continue a
special access program contrary to the requirements of this order.
(uu) ``Weapons of mass destruction'' means any weapon of mass
destruction as defined in 50 U.S.C. 1801(p).
Sec. 6.2. General Provisions. (a) Nothing in this order shall supersede
any requirement made by or under the Atomic Energy Act of 1954, as
amended, or the National Security Act of 1947, as amended. ``Restricted
Data'' and ``Formerly Restricted Data'' shall be handled, protected,
classified, downgraded, and declassified in conformity with the
provisions of the Atomic Energy Act of 1954, as amended, and regulations
issued under that Act.
(b) The Director of National Intelligence may, with respect to the
Intelligence Community and after consultation with the heads of affected
departments and agencies, issue such policy directives and guidelines as
the Director of National Intelligence deems necessary to implement this
order with respect to the classification and declassification of all
intelligence and intelligence-related information, and for access to and
dissemination of all intelligence and intelligence-related information,
both in its final form and in the form when initially gathered.
Procedures or other guidance issued by Intelligence Community element
heads shall be in accordance with such policy directives or guidelines
issued by the Director of National Intelligence. Any such policy
directives or guidelines issued by the Director of National Intelligence
shall be in accordance with directives issued by the Director of the
Information Security Oversight Office under section 5.1(a) of this
order.
(c) The Attorney General, upon request by the head of an agency or
the Director of the Information Security Oversight Office, shall render
an interpretation of this order with respect to any question arising in
the course of its administration.
(d) Nothing in this order limits the protection afforded any
information by other provisions of law, including the Constitution,
Freedom of Information Act exemptions, the Privacy Act of 1974, and the
National Security Act of 1947, as amended. This order is not intended to
and does not create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
departments, agencies, or entities, its officers, employees, or agents,
or any other person. The foregoing is in addition to the specific
provisos set forth in sections 1.1(b), 3.1(c) and 5.3(e) of this order.
(e) Nothing in this order shall be construed to obligate action or
otherwise affect functions by the Director of the Office of Management
and Budget relating to budgetary, administrative, or legislative
proposals.
(f) This order shall be implemented subject to the availability of
appropriations.
(g) Executive Order 12958 of April 17, 1995, and amendments thereto,
including Executive Order 13292 of March 25, 2003, are hereby revoked as
of the effective date of this order.
Sec. 6.3. Effective Date. This order is effective 180 days from the date
of this order, except for sections 1.7, 3.3, and 3.7, which are
effective immediately.
Sec. 6.4. Publication. The Archivist of the United States shall publish
this Executive Order in the Federal Register.
BARACK OBAMA
The White House,
December 29, 2009.
Executive Order 13527 of December 30, 2009
Establishing Federal Capability for the Timely Provision of Medical
Countermeasures Following a Biological Attack
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to plan and
prepare for the timely provision of medical countermeasures to the
American people in the event of a biological attack in the United States
through a rapid Federal response in coordination with State, local,
territorial, and tribal governments.
This policy would seek to: (1) mitigate illness and prevent death; (2)
sustain critical infrastructure; and (3) complement and supplement
State, local, territorial, and tribal government medical countermeasure
distribution capacity.
Sec. 2. United States Postal Service Delivery of Medical
Countermeasures. (a) The U.S. Postal Service has the capacity for rapid
residential delivery of medical countermeasures for self administration
across all communities in the United States. The Federal Government
shall pursue a national U.S. Postal Service medical countermeasures
dispensing model to respond to a large-scale biological attack.
(b) The Secretaries of Health and Human Services and Homeland Security,
in coordination with the U.S. Postal Service, within 180 days of the
date of this order, shall establish a national U.S. Postal Service
medical countermeasures dispensing model for U.S. cities to respond to a
large-scale biological attack, with anthrax as the primary threat
consideration.
(c) In support of the national U.S. Postal Service model, the
Secretaries of Homeland Security, Health and Human Services, and
Defense, and the Attorney General, in coordination with the U.S. Postal
Service, and in consultation with State and local public health,
emergency management, and law enforcement officials, within 180 days of
the date of this order, shall develop an accompanying plan for
supplementing local law enforcement personnel, as necessary and
appropriate, with local Federal law enforcement, as well as other
appropriate personnel, to escort U.S. Postal workers delivering medical
countermeasures.
Sec. 3. Federal Rapid Response. (a) The Federal Government must develop
the capacity to anticipate and immediately supplement the capabilities
of affected jurisdictions to rapidly distribute medical countermeasures
following a biological attack. Implementation of a Federal strategy to
rapidly dispense medical countermeasures requires establishment of a
Federal rapid response capability.
(b) The Secretaries of Homeland Security and Health and Human Services,
in coordination with the Secretary of Defense, within 90 days of the
date of this order, shall develop a concept of operations and establish
requirements for a Federal rapid response to dispense medical
countermeasures to an affected population following a large-scale
biological attack.
Sec. 4. Continuity of Operations. (a) The Federal Government must
establish mechanisms for the provision of medical countermeasures to
personnel performing mission-essential functions to ensure that mission-
essential functions of Federal agencies continue to be performed
following a biological attack.
(b) The Secretaries of Health and Human Services and Homeland Security,
within 180 days of the date of this order, shall develop a plan for the
provision of medical countermeasures to ensure that mission-essential
functions of executive branch departments and agencies continue to be
performed following a large-scale biological attack.
Sec. 5. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to a department or agency, or the head
thereof; or
(ii) 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
The White House,
December 30, 2009.
________________________________________________________________________
OTHER PRESIDENTIAL DOCUMENTS
________________________________________________________________________
Page
Subchapter A-- [Reserved]
Subchapter B-- Administrative Orders 329
Subchapter C-- Reorganization Plans [None]
Subchapter D-- Designations [None]
________________________________________________________________________
Subchapter B-- Administrative Orders
________________________________________________________________________
Presidential Determination No. 2009-10 of January 1, 2009
Waiver of Reimbursement Under the United Nations Participation Act to
Support the United Nations/African Union Mission in Darfur
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 10(d)(1) of the
United Nations Participation Act of 1945, as amended (22 U.S.C. 287e-
2(d)(1)), I hereby determine that provision of assistance to the United
Nations/African Union Mission in Darfur to support the airlift of
equipment for peacekeeping in Darfur without reimbursement from the
United Nations is important to the security interests of the United
States.
You are authorized and directed to report this determination to the
Congress and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, January 1, 2009.
Presidential Determination No. 2009-11 of January 15, 2009
Limited Waiver of Certain Sanctions Imposed by, and Delegation of
Certain Authorities Pursuant to, the Tom Lantos Block Burmese JADE
(Junta's Anti-Democratic Efforts) Act of 2008
Memorandum for the Secretary of State [and] the Secretary of the
Treasury
By the authority vested in me as President by the Constitution and laws
of the United States, including the Tom Lantos Block Burmese JADE
(Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (JADE
Act) and section 301 of title 3, United States Code, in order to ensure
that the United States Government's sanctions against the Burmese
leadership and its supporters continue to be implemented effectively, to
allow the reconciliation of measures applicable to persons sanctioned
under the JADE Act with measures applicable to the same persons
sanctioned under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), and to allow for the implementation of additional
appropriate sanctions:
(1) I hereby waive, pursuant to section 5(i) of the JADE Act, the
provisions of section 5(b) of the JADE Act with respect to those persons
described in section 5(a)(1) of the JADE Act who are not included on the
Department of the Treasury's List of Specially Designated Nationals and
Blocked Persons. Because the imposition of effective and meaningful
blocking sanctions requires the identification of those individuals and
entities targeted for sanction and the authorization of certain limited
exceptions to the prohibitions and restrictions that would otherwise
apply, I hereby determine and certify that such a limited waiver is in
the national interest of the United States.
(2) I hereby delegate to the Secretary of the Treasury the waiver
authority set forth in section 5(i) of the JADE Act, including the
authority to invoke or revoke the waiver with respect to any person or
persons or any transaction or category of transactions or prohibitions
by making the necessary determination and certification regarding the
national interest of the United States set forth in that section. I
hereby direct the Secretary of the Treasury, after consultation with the
Secretary of State and with necessary support from the Intelligence
Community, as defined in section 3(4) of the National Security Act of
1947, as amended (50 U.S.C. 401a(4)), to continue to target aggressively
the Burmese regime and its lines of support. I further delegate to the
Secretary of the Treasury the authority to take such actions as may be
necessary to carry out the purposes of section 5(b) of the JADE Act. The
Secretary of the Treasury may redelegate any of these functions to other
officers and agencies of the United States Government consistent with
applicable law. The authorities delegated to the Secretary of the
Treasury under this memorandum shall be exercised after consultation
with the Secretary of State.
(3) I authorize the Secretary of State, after consultation with the
Secretary of the Treasury, to take such actions as may be necessary to
make the submissions to the appropriate congressional committees
pursuant to section 5(d) of the JADE Act.
I hereby authorize and direct the Secretary of the Treasury to report
this determination to the appropriate congressional committees and to
publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, January 15, 2009.
Presidential Determination No. 2009-12 of January 15, 2009
Proposed Agreement for Cooperation Between the Government of the United
States of America and the Government of the United Arab Emirates
Concerning Peaceful Uses of Nuclear Energy
Memorandum for the Secretary of State [and] the Secretary of Energy
I have considered the proposed Agreement for Cooperation Between the
Government of the United States of America and the Government of the
United Arab Emirates Concerning Peaceful Uses of Nuclear Energy, along
with the views, recommendations, and statements of the interested
agencies.
I have determined that the performance of the Agreement will promote,
and will not constitute an unreasonable risk to, the common defense and
security. Pursuant to section 123 b. of the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2153(b)), I hereby approve the proposed Agreement
and authorize the Secretary of State to arrange for its execution.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, January 15, 2009.
Notice of January 15, 2009
Continuation of the National Emergency Relating to Cuba and of the
Emergency Authority Relating to the Regulation of the Anchorage and
Movement of Vessels
On March 1, 1996, by Proclamation 6867, a national emergency was
declared to address the disturbance or threatened disturbance of
international relations caused by the February 24, 1996, destruction by
the Cuban government of two unarmed U.S.-registered civilian aircraft in
international airspace north of Cuba. In July 1996 and on subsequent
occasions, the Cuban government stated its intent to forcefully defend
its sovereignty against any U.S.-registered vessels or aircraft that
might enter Cuban territorial waters or airspace while involved in a
flotilla or peaceful protest. Since these events, the Cuban government
has not demonstrated that it will refrain from the future use of
reckless and excessive force against U.S. vessels or aircraft that may
engage in memorial activities or peaceful protest north of Cuba. On
February 26, 2004, by Proclamation 7757, the scope of the national
emergency was expanded in order to deny monetary and material support to
the repressive Cuban government, which had taken a series of steps to
destabilize relations with the United States, including threatening to
abrogate the Migration Accords with the United States and to close the
United States Interests Section. Further, Cuba's most senior officials
repeatedly asserted that the United States intended to invade Cuba,
despite explicit denials from the U.S. Secretaries of State and Defense
that such action is planned. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing the national emergency with respect to Cuba and the emergency
authority relating to the regulation of the anchorage and movement of
vessels set out in Proclamation 6867 as amended and expanded by
Proclamation 7757.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
January 15, 2009.
Notice of January 15, 2009
Continuation of the National Emergency with Respect to Terrorists Who
Threaten to Disrupt the Middle East Peace Process
On January 23, 1995, by Executive Order 12947, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by grave acts of violence
committed by foreign terrorists who threaten to disrupt the Middle East
peace process. On August 20, 1998, by Executive Order 13099, the
President modified the Annex to Executive Order 12947 to identify four
additional persons, including Usama bin Laden, who threaten to disrupt
the Middle East peace process.
Because these terrorist activities continue to threaten the Middle East
peace process and to pose an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States, the
national emergency declared on January 23, 1995, as expanded on August
20, 1998, and the measures adopted on those dates to deal with that
emergency must continue in effect beyond January 23, 2009. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency with
respect to foreign terrorists who threaten to disrupt the Middle East
peace process.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
January 15, 2009.
Presidential Determination No. 2009-13 of January 16, 2009
Eligibility of the Southern African Development Community To Receive
Defense Articles and Defense Services Under the Foreign Assistance Act
of 1961, as Amended, and the Arms Export Control Act, as Amended
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and the laws
of the United States, including section 503(a) of the Foreign Assistance
Act of 1961, as amended, and section 3(a)(1) of the Arms Export Control
Act, as amended, I hereby find that the furnishing of defense articles
and defense services to the Southern African Development Community will
strengthen the security of the United States and promote world peace.
You are authorized and directed to transmit this determination to the
Congress and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, January 16, 2009.
Presidential Determination No. 2009-14 of January 16, 2009
Waiving the Prohibition on the Use of Economic Support Funds With
Respect to Various Parties to the Rome Statute Establishing the
International Criminal Court
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and laws of
the United States, including section 671(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2008
(Division J, Public Law 110-161), I hereby:
determine and report that it is important to the national interests
of the United States to waive the prohibition of aforementioned
section 671(a) with respect to Barbados, Bolivia, Costa Rica,
Cyprus, Ecuador, Kenya, Mali, Mexico, Namibia, Niger, Paraguay,
Peru, Samoa, South Africa, St. Vincent and the Grenadines, Tanzania,
and Trinidad and Tobago; and
waive the prohibition of aforementioned section 671(a) with respect
to these countries.
You are authorized and directed to report this determination to the
Congress and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, January 16, 2009.
Memorandum of January 16, 2009
Designation of Officers of the National Aeronautics And Space
Administration To Act as Administrator
Memorandum for the Administrator of the National Aeronautics and Space
Administration
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2
of this memorandum, the following officials of the National Aeronautics
and Space Administration (NASA), in the order listed, shall act as and
perform the functions and duties of the office of the Administrator of
NASA (Administrator), during any period in which both the Administrator
and Deputy Administrator of NASA (Deputy Administrator) have died,
resigned, or otherwise become unable to perform the functions and duties
of the office of Administrator, until such time as the Administrator or
Deputy Administrator is able to perform the functions and duties of that
office:
(a) Associate Administrator;
(b) Chief of Staff to the NASA Administrator;
(c) Director for Johnson Space Flight Center;
(d) Director for Kennedy Space Flight Center; and
(e) Director for Marshall Space Flight Center.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1 in an acting capacity, by virtue of so serving, shall act
as Administrator pursuant to this memorandum.
(b) No individual listed in section 1 shall act as Administrator unless
that individual is otherwise eligible to so serve under the Federal
Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President
retains discretion, to the extent permitted by law, to depart from this
memorandum in designating an acting Administrator.
Sec. 3. This memorandum is intended to improve the internal management
of the executive branch and 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 agencies,
instrumentalities, or entities, its officers, employees, or agents, or
any other person.
Sec. 4. You are authorized and directed to publish this memorandum in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, January 16, 2009.
Memorandum of January 16, 2009
Designation of Officers To Act as President of the Overseas Private
Investment Corporation
Memorandum for the President of the Overseas Private Investment
Corporation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2
of this memorandum, the following officials of the Overseas Private
Investment Corporation, in the order listed, shall act as and perform
the functions and duties of the office of the President of the Overseas
Private Investment Corporation (POPIC), during any period in which the
POPIC has died, resigned, or otherwise become unable to perform the
functions and duties of the office of POPIC, until such time as the
POPIC is able to perform the functions and duties of that office:
(a) Executive Vice President;
(b) Vice President and General Counsel;
(c) Vice President and Chief Financial Officer;
(d) Deputy General Counsel; and
(e) Director of Operations.
Sec. 2. Exceptions.
(a) No individual who is serving in an office listed in section 1 in an
acting capacity, by virtue of so serving, shall act as POPIC pursuant to
this memorandum.
(b) No individual listed in section 1 shall act as POPIC unless that
individual is otherwise eligible to so serve under the Federal Vacancies
Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President
retains discretion, to the extent permitted by law, to depart from this
memorandum in designating an acting POPIC.
Sec. 3. This memorandum is intended to improve the internal management
of the executive branch and 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, it agencies,
instrumentalities, or entities, its officers, employees, or agents, or
any other person.
Sec. 4. You are authorized and directed to publish this memorandum in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, January 16, 2009.
Memorandum of January 21, 2009
Pay Freeze
Memorandum for the Assistant to the President and Chief of Staff
The United States is in a period of severe economic stress. Too many
Americans have lost their jobs, their homes, their health insurance, or
a substantial part of their retirement savings, and many more feel
uncertain about the future.
In these circumstances, Government must act forcefully and creatively to
stimulate our economic recovery, investing in infrastructure, innovative
energy technologies, and education. It must act quickly to provide
assistance to average Americans.
Many have accepted the call to serve in Government and to assist me in
restoring a sound economy and in improving the lives of average
Americans. In this challenging economic period, it is only appropriate
that senior officials on the White House staff forgo pay increases until
further notice.
Accordingly, as a signal of our shared commitment to restoring the
country's economic vitality and because of the serious economic
conditions we are facing, I intend to freeze the salaries of senior
members of the White House staff, to the extent permitted by law. I
direct you to report back to me within 30 days with recommendations for
actions to implement this freeze.
This memorandum 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, or entities,
its officers, employees, or agents, or any other person.
This memorandum shall be published in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, January 21, 2009.
Memorandum of January 21, 2009
Freedom of Information Act
Memorandum for the Heads of Executive Departments and Agencies
A democracy requires accountability, and accountability requires
transparency. As Justice Louis Brandeis wrote, ``sunlight is said to be
the best of disinfectants.'' In our democracy, the Freedom of
Information Act (FOIA), which encourages accountability through
transparency, is the most prominent expression of a profound national
commitment to ensuring an open Government. At the heart of that
commitment is the idea that accountability is in the interest of the
Government and the citizenry alike.
The Freedom of Information Act should be administered with a clear
presumption: In the face of doubt, openness prevails. The Government
should not keep information confidential merely because public officials
might be embarrassed by disclosure, because errors and failures might be
revealed, or because of speculative or abstract fears. Nondisclosure
should never be based on an effort to protect the personal interests of
Government officials at the expense of those they are supposed to serve.
In responding to requests under the FOIA, executive branch agencies
(agencies) should act promptly and in a spirit of cooperation,
recognizing that such agencies are servants of the public.
All agencies should adopt a presumption in favor of disclosure, in order
to renew their commitment to the principles embodied in FOIA, and to
usher in a new era of open Government. The presumption of disclosure
should be applied to all decisions involving FOIA.
The presumption of disclosure also means that agencies should take
affirmative steps to make information public. They should not wait for
specific requests from the public. All agencies should use modern
technology to inform citizens about what is known and done by their
Government. Disclosure should be timely.
I direct the Attorney General to issue new guidelines governing the FOIA
to the heads of executive departments and agencies, reaffirming the
commitment to accountability and transparency, and to publish such
guidelines in the Federal Register. In doing so, the Attorney General
should review FOIA reports produced by the agencies under Executive
Order 13392 of December 14, 2005. I also direct the Director of the
Office of Management and Budget to update guidance to the agencies to
increase and improve information dissemination to the public, including
through the use of new technologies, and to publish such guidance in the
Federal Register.
This memorandum 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.
The Director of the Office of Management and Budget is hereby authorized
and directed to publish this memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, January 21, 2009.
Memorandum of January 21, 2009
Transparency and Open Government
Memorandum for the Heads of Executive Departments and Agencies
My Administration is committed to creating an unprecedented level of
openness in Government. We will work together to ensure the public trust
and establish a system of transparency, public participation, and
collaboration. Openness will strengthen our democracy and promote
efficiency and effectiveness in Government.
Government should be transparent. Transparency promotes accountability
and provides information for citizens about what their Government is
doing. Information maintained by the Federal Government is a national
asset. My Administration will take appropriate action, consistent with
law and policy, to disclose information rapidly in forms that the public
can readily find and use. Executive departments and agencies should
harness new technologies to put information about their operations and
decisions online and readily available to the public. Executive
departments and agencies should also solicit public feedback to identify
information of greatest use to the public.
Government should be participatory. Public engagement enhances the
Government's effectiveness and improves the quality of its decisions.
Knowledge is widely dispersed in society, and public officials benefit
from having access to that dispersed knowledge. Executive departments
and agencies should offer Americans increased opportunities to
participate in policymaking and to provide their Government with the
benefits of their collective expertise and information. Executive
departments and agencies should also solicit public input on how we can
increase and improve opportunities for public participation in
Government.
Government should be collaborative. Collaboration actively engages
Americans in the work of their Government. Executive departments and
agencies should use innovative tools, methods, and systems to cooperate
among themselves, across all levels of Government, and with nonprofit
organizations, businesses, and individuals in the private sector.
Executive departments and agencies should solicit public feedback to
assess and improve their level of collaboration and to identify new
opportunities for cooperation.
I direct the Chief Technology Officer, in coordination with the Director
of the Office of Management and Budget (OMB) and the Administrator of
General Services, to coordinate the development by appropriate executive
departments and agencies, within 120 days, of recommendations for an
Open Government Directive, to be issued by the Director of OMB, that
instructs executive departments and agencies to take specific actions
implementing the principles set forth in this memorandum. The
independent agencies should comply with the Open Government Directive.
This memorandum 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, or entities,
its officers, employees, or agents, or any other person.
This memorandum shall be published in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, January 21, 2009.
Memorandum of January 23, 2009
Mexico City Policy and Assistance for Voluntary Population Planning
Memorandum for the Secretary of State [and] the Administrator of the
United States Agency for International Development
The Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)), prohibits
nongovernmental organizations (NGOs) that receive Federal funds from
using those funds ``to pay for the performance of abortions as a method
of family planning, or to motivate or coerce any person to practice
abortions.'' The August 1984 announcement by President Reagan of what
has become known as the ``Mexico City Policy'' directed the United
States Agency for International Development (USAID) to expand this
limitation and withhold USAID funds from NGOs that use non-USAID funds
to engage in a wide range of activities, including providing advice,
counseling, or information regarding abortion, or lobbying a foreign
government to legalize or make abortion available. The Mexico City
Policy was in effect from 1985 until 1993, when it was rescinded by
President Clinton. President George W. Bush reinstated the policy in
2001, implementing it through conditions in USAID grant awards, and
subsequently extended the policy to ``voluntary population planning''
assistance provided by the Department of State.
These excessively broad conditions on grants and assistance awards are
unwarranted. Moreover, they have undermined efforts to promote safe and
effective voluntary family planning programs in foreign nations.
Accordingly, I hereby revoke the Presidential memorandum of January 22,
2001, for the Administrator of USAID (Restoration of the Mexico City
Policy), the Presidential memorandum of March 28, 2001, for the
Administrator of USAID (Restoration of the Mexico City Policy), and the
Presidential memorandum of August 29, 2003, for the Secretary of State
(Assistance for Voluntary Population Planning). In addition, I direct
the Secretary of State and the Administrator of USAID to take the
following actions with respect to conditions in voluntary population
planning assistance and USAID grants that were imposed pursuant to
either the 2001 or 2003 memoranda and that are not required by the
Foreign Assistance Act or any other law: (1) immediately waive such
conditions in any current grants, and (2) notify current grantees, as
soon as possible, that these conditions have been waived. I further
direct that the Department of State and USAID immediately cease imposing
these conditions in any future grants.
This memorandum 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.
The Secretary of State is authorized and directed to publish this
memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, January 23, 2009.
Memorandum of January 26, 2009
State of California Request for Waiver Under 42 U.S.C. 7543(b), the
Clean Air Act
Memorandum for the Administrator of the Environmental Protection Agency
Under the Clean Air Act (42 U.S.C. 7401-7671q), the Environmental
Protection Agency (EPA) sets emissions standards for new motor vehicles.
California may also adopt standards for new motor vehicles if the
Administrator of the EPA, based on criteria set out in the statute,
waives the general statutory prohibition on State adoption or
enforcement of emissions standards. Other States may adopt emissions
standards for new motor vehicles if they are identical to the California
standards for which a waiver has been granted and comply with other
statutory criteria.
For decades, the EPA has granted the State of California such waivers.
The EPA's final decision to deny California's application for a waiver
permitting the State to adopt limitations on greenhouse gas emissions
from motor vehicles was published in the Federal Register on March 6,
2008.
In order to ensure that the EPA carries out its responsibilities for
improving air quality, you are hereby requested to assess whether the
EPA's decision to deny a waiver based on California's application was
appropriate in light of the Clean Air Act. I further request that, based
on that assessment, the EPA initiate any appropriate action.
This memorandum 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.
You are hereby authorized and directed to publish this memorandum in the
Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, January 26, 2009.
Memorandum of January 26, 2009
The Energy Independence and Security Act of 2007
Memorandum for the Secretary of Transportation [and] the Administrator
of the National Highway Traffic Safety Administration
In 2007, the Congress passed the Energy Independence and Security Act
(EISA). This law mandates that, as part of the Nation's efforts to
achieve energy independence, the Secretary of Transportation prescribe
annual fuel economy increases for automobiles, beginning with model year
2011, resulting in a combined fuel economy fleet average of at least 35
miles per gallon by model year 2020. On May 2, 2008, the National
Highway Traffic Safety Administration (NHTSA) published a Notice of
Proposed Rulemaking entitled Average Fuel Economy Standards, Passenger
Cars and Light Trucks; Model Years 2011-2015, 73 Fed. Reg. 24352. In the
notice and comment period, the NHTSA received numerous comments, some of
them contending that certain aspects of the proposed rule, including
appendices providing for preemption of State laws, were inconsistent
with provisions of EISA and the Supreme Court's decision in
Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007).
Federal law requires that the final rule regarding fuel economy
standards be adopted at least 18 months before the beginning of the
model year (49 U.S.C. 32902(g)(2)). In order for the model year 2011
standards to meet this requirement, the NHTSA must publish the final
rule in the Federal Register by March 30, 2009. To date, the NHTSA has
not published a final rule.
Therefore, I request that:
(a) in order to comply with the EISA requirement that fuel economy
increases begin with model year 2011, you take all measures consistent
with law, and in coordination with the Environmental Protection Agency,
to publish in the Federal Register by March 30, 2009, a final rule
prescribing increased fuel economy for model year 2011;
(b) before promulgating a final rule concerning model years after model
year 2011, you consider the appropriate legal factors under the EISA,
the comments filed in response to the Notice of Proposed Rulemaking, the
relevant technological and scientific considerations, and to the extent
feasible, the forthcoming report by the National Academy of Sciences
mandated under section 107 of EISA; and
(c) in adopting the final rules in paragraphs (a) and (b) above, you
consider whether any provisions regarding preemption are consistent with
the EISA, the Supreme Court's decision in Massachusetts v. EPA and other
relevant provisions of law and the policies underlying them.
This memorandum 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.
The Secretary of Transportation is hereby authorized and directed to
publish this memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, January 26, 2009.
Presidential Determination No. 2009-15 of January 27, 2009
Unexpected Urgent Refugee and Migration Needs Related to Gaza
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and the laws of the
United States, including section 2(c)(1) of the Migration and Refugee
Assistance Act of 1962 (the ``Act''), as amended (22 U.S.C. 2601), I
hereby determine, pursuant to section 2(c)(1) of the Act, that it is
important to the national interest to furnish assistance under the Act
in an amount not to exceed $20.3 million from the United States
Emergency Refugee and Migration Assistance Fund for the purpose of
meeting unexpected and urgent refugee and migration needs, including by
contributions to international, governmental, and nongovernmental
organizations and payment of administrative expenses of Bureau of
Population, Refugees, and Migration of the Department of State, related
to humanitarian needs of Palestinian refugees and conflict victims in
Gaza.
You are authorized and directed to publish this memorandum in the
Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, January 27, 2009.
Memorandum of January 30, 2009
Regulatory Review
Memorandum for the Heads of Executive Departments and Agencies
For well over two decades, the Office of Information and Regulatory
Affairs (OIRA) at the Office of Management and Budget (OMB) has reviewed
Federal regulations. The purposes of such review have been to ensure
consistency with Presidential priorities, to coordinate regulatory
policy, and to offer a dispassionate and analytical ``second opinion''
on agency actions. I strongly believe that regulations are critical to
protecting public health, safety, our shared resources, and our economic
opportunities and security. While recognizing the expertise and
authority of executive branch departments and agencies, I also believe
that, if properly conducted, centralized review is both legitimate and
appropriate as a means of promoting regulatory goals.
The fundamental principles and structures governing contemporary
regulatory review were set out in Executive Order 12866 of September 30,
1993. A great deal has been learned since that time. Far more is now
known about regulation--not only about when it is justified, but also
about what works and what does not. Far more is also known about the
uses of a variety of regulatory tools such as warnings, disclosure
requirements, public education, and economic incentives. Years of
experience have also provided lessons about how to improve the process
of regulatory review. In this time of fundamental transformation, that
process--and the principles governing regulation in general--should be
revisited.
I therefore direct the Director of OMB, in consultation with
representatives of regulatory agencies, as appropriate, to produce
within 100 days a set of recommendations for a new Executive Order on
Federal regulatory review. Among other things, the recommendations
should offer suggestions for the relationship between OIRA and the
agencies; provide guidance on disclosure and transparency; encourage
public participation in agency regulatory processes; offer suggestions
on the role of cost-benefit analysis; address the role of distributional
considerations, fairness, and concern for the interests of future
generations; identify methods of ensuring that regulatory review does
not produce undue delay; clarify the role of the behavioral sciences in
formulating regulatory policy; and identify the best tools for achieving
public goals through the regulatory process.
This memorandum 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.
The Director of OMB is hereby authorized and directed to publish this
memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, January 30, 2009.
Memorandum of January 30, 2009
White House Task Force on Middle-Class Working Families
Memorandum for the Heads of Executive Departments and Agencies
For many years, middle-class Americans have been working harder, yet not
enjoying their fair share of the fruits of a growing economy. While the
productivity of the American workforce grew during the decade ending in
2007, middle-income workers saw their real incomes fall. The current
economic situation has exacerbated the challenges facing middle-class
Americans, with health care coverage, safe and steady employment
opportunities, effective and affordable education, owning a home, and
saving for retirement slipping out of reach. It is a high priority of my
Administration to achieve a secure future for middle-class working
families, one in which they share in prosperous times and are cushioned
during hard times. To these ends, I hereby direct the following:
Section 1. White House Task Force on Middle-Class Working Families.
There is established within the Office of the Vice President, a White
House Task Force on Middle-Class Working Families (Task Force) to focus
on raising the living standards of middle-class working families in the
United States of America. The Vice President shall serve as Chair of the
Task Force.
(a) Membership of the Task Force. In addition to the Vice President, the
Task Force shall consist exclusively of the heads of the executive
branch departments, agencies, and offices listed below:
(1) the Department of Commerce;
(2) the Department of Labor;
(3) the Department of Health and Human Services;
(4) the Department of Education;
(5) the Office of Management and Budget;
(6) the National Economic Council;
(7) the Domestic Policy Council;
(8) the Council of Economic Advisers; and
(9) such other executive branch departments, agencies, or offices as
the President may designate.
A member of the Task Force may designate, to perform the Task Force
functions of the member, any person who is a part of the member's
department, agency, or office, and who is a full-time officer or
employee of the Federal Government. At the direction of the Chair, the
Task Force may establish subgroups consisting exclusively of Task Force
members or their designees under this section, as appropriate.
(b) Administration of the Task Force. The Department of Labor shall
provide funding and administrative support for the Task Force to the
extent permitted by law and within existing appropriations. The Vice
President shall designate an Executive Director of the Task Force, who
shall coordinate the work of the Task Force.
Sec. 2. Mission and Functions of the Task Force. The Task Force shall
work with a wide array of executive departments and agencies that have
responsibility for key issues facing middle-class working families,
expedite administrative reforms, propose Executive Orders, and develop
legislative and policy proposals that can be of special importance to
middle-class working families. The functions of the Task Force are
advisory only and shall include, but shall not be limited to, producing
a detailed set of recommendations to:
(a) expand education and lifelong training opportunities;
(b) improve work and family balance;
(c) restore labor standards, including workplace safety;
(d) protect the incomes of middle-class working families; and
(e) protect retirement security.
Sec. 3. Outreach. Consistent with the objectives set out in section 2 of
this memorandum, the Task Force, in accordance with applicable law, in
addition to regular meetings, shall conduct outreach with
representatives of labor, business, nonprofit organizations, State and
local government agencies, and other interested persons that will assist
with the Task Force's development of a detailed set of recommendations.
Sec. 4. Transparency and Reports. The Task Force shall facilitate the
posting on the Internet of submissions by outside parties and engage in
an open, two-way dialogue with the American people. The Task Force shall
present to the President annual reports, beginning 1 year from the date
of this memorandum, on its findings and recommendations, which shall be
made available to the public and posted on the Internet.
Sec. 5. General Provisions. (a) The heads of executive departments and
agencies shall assist and provide information to the Task Force,
consistent with applicable law, as may be necessary to carry out the
functions of the Task Force. Each executive department and agency shall
bear its own expense for participating in the Task Force.
(b) Nothing in this memorandum shall be construed to impair or otherwise
affect:
(i) authority granted by law to an executive department, agency, or
the head thereof; or
(ii) functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, or legislative proposals.
(c) This memorandum shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(d) This memorandum 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.
Sec. 6. Publication. The Secretary of Labor is authorized and directed
to publish this memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, January 30, 2009.
Memorandum of February 4, 2009
State Children's Health Insurance Program
Memorandum for the Secretary of Health and Human Services
The State Children's Health Insurance Program (SCHIP) encourages States
to provide health coverage for uninsured children in families whose
incomes are too high to qualify for Medicaid but too low to afford
private insurance. Since 1997, when SCHIP was enacted, States have had
the authority to set their SCHIP income eligibility levels, subject to
available funding. In recent years, as the cost of private insurance has
increased, States have raised eligibility levels to offer health care
coverage to more families, with families paying a share of the cost
based on their income.
On August 17, 2007, the Centers for Medicare & Medicaid Services (CMS)
issued a letter to State health officials limiting the flexibility of
States to set income eligibility standards for their SCHIP programs. On
May 7, 2008, CMS issued a subsequent letter restating the policy set
forth in the August 17, 2007, letter.
The August 17, 2007, letter imposes additional requirements that States
must meet in order to cover children under SCHIP plans, including plans
that CMS had previously approved. These requirements have limited
coverage under several State plans that otherwise would have covered
additional, uninsured children. As a result, tens of thousands of
children have been denied health care coverage. Unless the August 17,
2007, letter is withdrawn, many more children will be denied coverage.
By this memorandum, I request that you immediately withdraw the August
17, 2007, and May 7, 2008, letters to State health officials and
implement SCHIP without the requirements imposed by those letters.
This memorandum 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.
You are hereby authorized and directed to publish this memorandum in
the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, February 4, 2009.
Notice of February 4, 2009
Continuation of the National Emergency With Respect to the Situation in
or in Relation to C[ocirc]te d'Ivoire
On February 7, 2006, by Executive Order 13396, the President declared a
national emergency and ordered related measures blocking the property of
certain persons contributing to the conflict in C[ocirc]te d'Ivoire,
pursuant to the International Emergency Economic Powers Act (50 U.S.C.
1701-1706). The President took this action to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the situation in or in relation to
C[ocirc]te d'Ivoire, which has been addressed by the United Nations
Security Council in Resolution 1572 of November 15, 2004, and subsequent
resolutions, and has resulted in the massacre of large numbers of
civilians, widespread human rights abuses, significant political
violence and unrest, and attacks against international peacekeeping
forces leading to fatalities. Because the situation in or in relation to
C[ocirc]te d'Ivoire continues to pose an unusual and extraordinary
threat to the national security and foreign policy of the United States,
the national emergency declared on February 7, 2006, and the measures
adopted on that date to deal with that emergency, must continue in
effect beyond February 7, 2009.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency declared in Executive Order 13396.
This notice shall be published in the Federal Register and transmitted
to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
February 4, 2009.
Memorandum of February 5, 2009
Appliance Efficiency Standards
Memorandum for the Secretary of Energy
Under the Energy Policy and Conservation Act of 1975 (EPCA), the
Department of Energy (DOE) is required to establish by certain dates
energy efficiency standards for a broad class of residential and
commercial products. These products are appliances and other equipment
used in consumers' homes and in commercial establishments. In the Energy
Policy Act of 2005 (EPACT), the Congress directed the DOE to develop a
plan to issue expeditiously efficiency standards for those products with
respect to which the Department had not yet met the deadlines specified
in the EPCA.
In 2005, 14 States and various other entities brought suit alleging that
the DOE had failed to comply with deadlines and other requirements in
the EPCA. In November 2006, the DOE entered into a consent decree under
which the DOE agreed to publish final rules regarding 22 product
categories by specific deadlines, the latest of which is June 30, 2011.
The consent decree includes target dates for the rulemaking processes
and sets deadlines for issuance of final rules with respect to each
product category. The Energy Independence and Security Act of 2007
(EISA) directed the DOE to establish energy standards for additional
product categories.
The DOE remains subject to outstanding deadlines with respect to 15 of
the 22 product categories covered by the consent decree, as well as
statutory deadlines for a number of additional product categories. These
efficiency standards, once implemented, will result in significant
energy savings for the American people.
Therefore, I request that:
(a) the DOE take all necessary steps, consistent with the consent
decree, EPACT, and EISA, to finalize legally required efficiency
standards as expeditiously as possible and consistent with all
applicable judicial and statutory deadlines. Such standards include,
most immediately, those covered by the five energy efficiency rules with
deadlines prior to and including August 8, 2009;
(b) with respect to standards subject to judicial and statutory
deadlines later than August 8, 2009, the DOE work to complete prior to
the applicable deadline those standards that will result in the greatest
energy savings. To undertake this task, the DOE should quantify, to the
extent feasible and consistent with statutory requirements, the expected
annual energy savings from the relevant standards. The DOE must,
however, ensure that it meets applicable deadlines for all standards.
This memorandum 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, or entities,
its officers, employees, or agents, or any other person.
You are hereby authorized and directed to publish this memorandum in
the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, February 5, 2009.
Memorandum of March 3, 2009
The Endangered Species Act
Memorandum for the Heads of Executive Departments and Agencies
The Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., reflects one
of the Nation's profound commitments. Pursuant to that Act, the Federal
Government has long required a process of broad interagency consultation
to ensure the application of scientific and technical expertise to
decisions that may affect threatened or endangered species. Under that
interagency process, executive departments and agencies (agencies)
contemplating an action that may affect endangered or threatened species
have long been required, except in certain limited circumstances, to
consult with, and in some circumstances obtain the prior written
concurrence of, the Fish and Wildlife Service (FWS) and/or the National
Marine Fisheries Service (NMFS)--the expert agencies that have the
primary responsibility to ensure that the ESA is implemented in
accordance with the law.
On December 16, 2008, the Departments of the Interior and Commerce
issued a joint regulation that modified these longstanding requirements.
See 73 Fed. Reg. 76272. This new regulation expands the circumstances in
which an agency may determine not to consult with, or obtain the written
concurrence of, the FWS or NMFS prior to undertaking an action that may
affect threatened or endangered species. But under the new regulation,
agencies may continue the previous practice of consulting with, and
obtaining the written concurrence of, the FWS and NMFS as a matter of
discretion.
I hereby request the Secretaries of the Interior and Commerce to review
the regulation issued on December 16, 2008, and to determine whether to
undertake new rulemaking procedures with respect to consultative and
concurrence processes that will promote the purposes of the ESA.
Until such review is completed, I request the heads of all agencies to
exercise their discretion, under the new regulation, to follow the prior
longstanding consultation and concurrence practices involving the FWS
and NMFS.
This memorandum 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.
Agencies shall carry out the provisions of this memorandum to the extent
permitted by law and consistent with statutory authorities.
The Secretary of the Interior is hereby authorized and directed to
publish this memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, March 3, 2009.
Notice of March 3, 2009
Continuation of the National Emergency With Respect to Zimbabwe
On March 6, 2003, by Executive Order 13288, the President declared a
national emergency and blocked the property of persons undermining
democratic processes or institutions in Zimbabwe, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706). He
took this action to deal with the unusual and extraordinary threat to
the foreign policy of the United States constituted by the actions and
policies of certain members of the Government of Zimbabwe and other
persons to undermine Zimbabwe's democratic processes or institutions.
These actions have contributed to the deliberate breakdown in the rule
of law in Zimbabwe, to politically motivated violence and intimidation,
and to political and economic instability in the southern African
region.
On November 22, 2005, the President issued Executive Order 13391 to take
additional steps with respect to the national emergency declared in
Executive Order 13288 by ordering the blocking of the property of
additional persons undermining democratic processes or institutions in
Zimbabwe.
On July 25, 2008, the President issued Executive Order 13469, which
expanded the scope of the national emergency declared in Executive Order
13288 and ordered the blocking of the property of additional persons
undermining democratic processes or institutions in Zimbabwe.
Because the actions and policies of these persons continue to pose an
unusual and extraordinary threat to the foreign policy of the United
States, the national emergency declared on March 6, 2003, and the
measures adopted on that date, on November 22, 2005, and on July 25,
2008, to deal with that emergency, must continue in effect beyond March
6, 2009. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to the actions and policies of certain
members of the Government of Zimbabwe and other persons to undermine
Zimbabwe's democratic processes or institutions.
This notice shall be published in the Federal Register and transmitted
to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
March 3, 2009.
Memorandum of March 4, 2009
Government Contracting
Memorandum for the Heads of Executive Departments and Agencies
The Federal Government has an overriding obligation to American
taxpayers. It should perform its functions efficiently and effectively
while ensuring that its actions result in the best value for the
taxpayers.
Since 2001, spending on Government contracts has more than doubled,
reaching over $500 billion in 2008. During this same period, there has
been a significant increase in the dollars awarded without full and open
competition and an increase in the dollars obligated through cost-
reimbursement contracts. Between fiscal years 2000 and 2008, for
example, dollars obligated under cost-reimbursement contracts nearly
doubled, from $71 billion in 2000 to $135 billion in 2008. Reversing
these trends away from full and open competition and toward cost-
reimbursement contracts could result in savings of billions of dollars
each year for the American taxpayer.
Excessive reliance by executive agencies on sole-source contracts (or
contracts with a limited number of sources) and cost-reimbursement
contracts creates a risk that taxpayer funds will be spent on contracts
that are wasteful, inefficient, subject to misuse, or otherwise not well
designed to serve the needs of the Federal Government or the interests
of the American taxpayer. Reports by agency Inspectors General, the
Government Accountability Office (GAO), and other independent reviewing
bodies have shown that noncompetitive and cost-reimbursement contracts
have been misused, resulting in wasted taxpayer resources, poor
contractor performance, and inadequate accountability for results.
When awarding Government contracts, the Federal Government must strive
for an open and competitive process. However, executive agencies must
have the flexibility to tailor contracts to carry out their missions and
achieve the policy goals of the Government. In certain exigent
circumstances, agencies may need to consider whether a competitive
process will not accomplish the agency's mission. In such cases, the
agency must ensure that the risks associated with noncompetitive
contracts are minimized.
Moreover, it is essential that the Federal Government have the capacity
to carry out robust and thorough management and oversight of its
contracts in order to achieve programmatic goals, avoid significant
overcharges, and curb wasteful spending. A GAO study last year of 95
major defense acquisitions projects found cost overruns of 26 percent,
totaling $295 billion over the life of the projects. Improved contract
oversight could reduce such sums significantly.
Government outsourcing for services also raises special concerns. For
decades, the Federal Government has relied on the private sector for
necessary commercial services used by the Government, such as
transportation, food, and maintenance. Office of Management and Budget
Circular A-76, first issued in 1966, was based on the reasonable premise
that while inherently governmental activities should be performed by
Government employees, taxpayers may receive more value for their dollars
if non-inherently governmental activities that can be provided
commercially are subject to the forces of competition.
However, the line between inherently governmental activities that should
not be outsourced and commercial activities that may be subject to
private sector competition has been blurred and inadequately defined. As
a result, contractors may be performing inherently governmental
functions. Agencies and departments must operate under clear rules
prescribing when outsourcing is and is not appropriate.
It is the policy of the Federal Government that executive agencies shall
not engage in noncompetitive contracts except in those circumstances
where their use can be fully justified and where appropriate safeguards
have been put in place to protect the taxpayer. In addition, there shall
be a preference for fixed-price type contracts. Cost-reimbursement
contracts shall be used only when circumstances do not allow the agency
to define its requirements sufficiently to allow for a fixed-price type
contract. Moreover, the Federal Government shall ensure that taxpayer
dollars are not spent on contracts that are wasteful, inefficient,
subject to misuse, or otherwise not well designed to serve the Federal
Government's needs and to manage the risk associated with the goods and
services being procured. The Federal Government must have sufficient
capacity to manage and oversee the contracting process from start to
finish, so as to ensure that taxpayer funds are spent wisely and are not
subject to excessive risk. Finally, the Federal Government must ensure
that those functions that are inherently governmental in nature are
performed by executive agencies and are not outsourced.
I hereby direct the Director of the Office of Management and Budget
(OMB), in collaboration with the Secretary of Defense, the Administrator
of the National Aeronautics and Space Administration, the Administrator
of General Services, the Director of the Office of Personnel Management,
and the heads of such other agencies as the Director of OMB determines
to be appropriate, and with the participation of appropriate management
councils and program management officials, to develop and issue by July
1, 2009, Government-wide guidance to assist agencies in reviewing, and
creating processes for ongoing review of, existing contracts in order to
identify contracts that are wasteful, inefficient, or not otherwise
likely to meet the agency's needs, and to formulate appropriate
corrective action in a timely manner. Such corrective action may include
modifying or canceling such contracts in a manner and to the extent
consistent with applicable laws, regulations, and policy.
I further direct the Director of OMB, in collaboration with the
aforementioned officials and councils, and with input from the public,
to develop and issue by September 30, 2009, Government-wide guidance to:
(1) govern the appropriate use and oversight of sole-source and
other types of noncompetitive contracts and to maximize the use of full
and open competition and other competitive procurement processes;
(2) govern the appropriate use and oversight of all contract types,
in full consideration of the agency's needs, and to minimize risk and
maximize the value of Government contracts generally, consistent with
the regulations to be promulgated pursuant to section 864 of Public Law
110-417;
(3) assist agencies in assessing the capacity and ability of the
Federal acquisition workforce to develop, manage, and oversee
acquisitions appropriately; and
(4) clarify when governmental outsourcing for services is and is not
appropriate, consistent with section 321 of Public Law 110-417 (31
U.S.C. 501 note).
Executive departments and agencies shall carry out the provisions of
this memorandum to the extent permitted by law. This memorandum 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.
The Director of OMB is hereby authorized and directed to publish this
memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, March 4, 2009.
Memorandum of March 9, 2009
Presidential Signing Statements
Memorandum for the Heads of Executive Departments and Agencies
For nearly two centuries, Presidents have issued statements addressing
constitutional or other legal questions upon signing bills into law
(signing statements). Particularly since omnibus bills have become
prevalent, signing statements have often been used to ensure that
concerns about the constitutionality of discrete statutory provisions do
not require a veto of the entire bill.
In recent years, there has been considerable public discussion and
criticism of the use of signing statements to raise constitutional
objections to statutory provisions. There is no doubt that the practice
of issuing such statements can be abused. Constitutional signing
statements should not be used to suggest that the President will
disregard statutory requirements on the basis of policy disagreements.
At the same time, such signing statements serve a legitimate function in
our system, at least when based on well-founded constitutional
objections. In appropriately limited circumstances, they represent an
exercise of the President's constitutional obligation to take care that
the laws be faithfully executed, and they promote a healthy dialogue
between the executive branch and the Congress.
With these considerations in mind and based upon advice of the
Department of Justice, I will issue signing statements to address
constitutional concerns only when it is appropriate to do so as a means
of discharging my constitutional responsibilities. In issuing signing
statements, I shall adhere to the following principles:
1. The executive branch will take appropriate and timely steps, whenever
practicable, to inform the Congress of its constitutional concerns about
pending legislation. Such communication should facilitate the efforts of
the executive branch and the Congress to work together to address these
concerns during the legislative process, thus minimizing the number of
occasions on which I am presented with an enrolled bill that may require a
signing statement.
2. Because legislation enacted by the Congress comes with a presumption of
constitutionality, I will strive to avoid the conclusion that any part of
an enrolled bill is unconstitutional. In exercising my responsibility to
determine whether a provision of an enrolled bill is unconstitutional, I
will act with caution and restraint, based only on interpretations of the
Constitution that are well-founded.
3. To promote transparency and accountability, I will ensure that signing
statements identify my constitutional concerns about a statutory provision
with sufficient specificity to make clear the nature and basis of the
constitutional objection.
4. I will announce in signing statements that I will construe a statutory
provision in a manner that avoids a constitutional problem only if that
construction is a legitimate one.
To ensure that all signing statements previously issued are followed
only when consistent with these principles, executive branch departments
and agencies are directed to seek the advice of the Attorney General
before relying on signing statements issued prior to the date of this
memorandum as the basis for disregarding, or otherwise refusing to
comply with, any provision of a statute.
This memorandum 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.
This memorandum shall be published in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, March 9, 2009.
Memorandum of March 9, 2009
Scientific Integrity
Memorandum for the Heads of Executive Departments and Agencies
Science and the scientific process must inform and guide decisions of my
Administration on a wide range of issues, including improvement of
public health, protection of the environment, increased efficiency in
the use of energy and other resources, mitigation of the threat of
climate change, and protection of national security.
The public must be able to trust the science and scientific process
informing public policy decisions. Political officials should not
suppress or alter scientific or technological findings and conclusions.
If scientific and technological information is developed and used by the
Federal Government, it should ordinarily be made available to the
public. To the extent permitted by law, there should be transparency in
the preparation, identification, and use of scientific and technological
information in policymaking. The selection of scientists and technology
professionals for positions in the executive branch should be based on
their scientific and technological knowledge, credentials, experience,
and integrity.
By this memorandum, I assign to the Director of the Office of Science
and Technology Policy (Director) the responsibility for ensuring the
highest level of integrity in all aspects of the executive branch's
involvement with scientific and technological processes. The Director
shall confer, as appropriate, with the heads of executive departments
and agencies, including the Office of Management and Budget and offices
and agencies within the Executive Office of the President (collectively,
the ``agencies''), and recommend a plan to achieve that goal throughout
the executive branch.
Specifically, I direct the following:
1. Within 120 days from the date of this memorandum, the Director shall
develop recommendations for Presidential action designed to guarantee
scientific integrity throughout the executive branch, based on the
following principles:
(a) The selection and retention of candidates for science and
technology positions in the executive branch should be based on
the candidate's knowledge, credentials, experience, and integrity;
(b) Each agency should have appropriate rules and procedures
to ensure the integrity of the scientific process within the
agency;
(c) When scientific or technological information is considered
in policy decisions, the information should be subject to well-
established scientific processes, including peer review where
appropriate, and each agency should appropriately and accurately
reflect that information in complying with and applying relevant
statutory standards;
(d) Except for information that is properly restricted from
disclosure under procedures established in accordance with
statute, regulation, Executive Order, or Presidential Memorandum,
each agency should make available to the public the scientific or
technological findings or conclusions considered or relied on in
policy decisions;
(e) Each agency should have in place procedures to identify
and address instances in which the scientific process or the
integrity of scientific and technological information may be
compromised; and
(f) Each agency should adopt such additional procedures,
including any appropriate whistleblower protections, as are
necessary to ensure the integrity of scientific and technological
information and processes on which the agency relies in its
decisionmaking or otherwise uses or prepares.
2. Each agency shall make available any and all information deemed by the
Director to be necessary to inform the Director in making recommendations
to the President as requested by this memorandum. Each agency shall
coordinate with the Director in the development of any interim procedures
deemed necessary to ensure the integrity of scientific decisionmaking
pending the Director's recommendations called for by this memorandum.
3. (a) Executive departments and agencies shall carry out the provisions of
this memorandum to the extent permitted by law and consistent with their
statutory and regulatory authorities and their enforcement mechanisms.
(b) Nothing in this memorandum shall be construed to impair or
otherwise affect:
(i) authority granted by law to an executive department, agency,
or the head thereof; or
(ii) functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, or legislative
proposals.
(c) This memorandum 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.
4. The Director is hereby authorized and directed to publish this
memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, March 9, 2009.
Presidential Determination No. 2009-16 of March 11, 2009
Unexpected Urgent Refugee and Migration Needs Related to the Continuing
Conflict in Pakistan
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and the laws of the
United States, including section 2(c)(1) of the Migration and Refugee
Assistance Act of 1962 (the ``Act''), as amended (22 U.S.C. 2601), I
hereby determine, pursuant to section 2(c)(1) of the Act, that it is
important to the national interest to furnish assistance under the Act
in an amount not to exceed $8 million from the United States Emergency
Refugee and Migration Assistance Fund for the purpose of meeting
unexpected and urgent refugee and migration needs, including by
contributions to international, governmental, and nongovernmental
organizations and payment of administrative expenses of the Bureau of
Population, Refugees, and Migration of the Department of State.
You are authorized and directed to publish this memorandum in the
Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, March 11, 2009.
Notice of March 11, 2009
Continuation of the National Emergency With Respect to Iran
On March 15, 1995, by Executive Order 12957, the President declared a
national emergency with respect to Iran pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States constituted by the actions and
policies of the Government of Iran. On May 6, 1995, the President issued
Executive Order 12959 imposing more comprehensive sanctions to further
respond to this threat, and on August 19, 1997, the President issued
Executive Order 13059 consolidating and clarifying the previous orders.
Because the actions and policies of the Government of Iran continue to
pose an unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States, the national emergency
declared on March 15, 1995, must continue in effect beyond March 15,
2009. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to Iran. Because the emergency declared
by Executive Order 12957 constitutes an emergency separate from that
declared on November 14, 1979, by Executive Order 12170, this renewal is
distinct from the emergency renewal of November 2008. This notice shall
be published in the Federal Register and transmitted to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
March 11, 2009.
Memorandum of March 20, 2009
Ensuring Responsible Spending of Recovery Act Funds
Memorandum for the Heads of Executive Departments and Agencies
My Administration is committed to ensuring that public funds are
expended responsibly and in a transparent manner. Last month, I signed
into law the ``American Recovery and Reinvestment Act of 2009,'' Public
Law 111-5 (the ``Recovery Act'' or ``Act''), an investment package
designed to provide a necessary boost to our economy in these difficult
times and to create jobs, restore economic growth, and strengthen
America's middle class. The Recovery Act is designed to stimulate the
economy through measures that, among other things, modernize the
Nation's infrastructure, jump start American energy independence, expand
high-quality educational opportunities, preserve and improve access to
affordable health care, provide middle-class tax relief, and protect
those in greatest need. It is not intended to fund projects for special
interests.
In implementing the Recovery Act, we have undertaken unprecedented
efforts to ensure the responsible distribution of funds for the Act's
purposes and to provide public transparency and accountability of
expenditures. We must not allow Recovery Act funds to be distributed on
the basis of factors other than the merits of proposed projects or in
response to improper influence or pressure. We must also empower
executive department and agency officials to exercise their available
discretion and judgment to help ensure that Recovery Act funds are
expended for projects that further the job creation, economic recovery,
and other purposes of the Recovery Act and are not used for imprudent
projects.
To these ends, I hereby direct that for any further commitments,
obligations, or expenditures of funds under the Recovery Act, the head
of each executive department or agency shall immediately take all
necessary steps, to the extent consistent with the Act and other
applicable law, to comply with this memorandum.
Section 1. Ensuring Merit-Based Decisionmaking for Grants and Other
Forms of Federal Financial Assistance Under the Recovery Act. (a)
Executive departments and agencies shall develop transparent, merit-
based selection criteria that will guide their available discretion in
committing, obligating, or expending funds under the Recovery Act for
grants and other forms of Federal financial assistance. Such criteria
shall be consistent with legal requirements, may be tailored to the
particular funding activity, and shall be formulated to ensure that the
funding furthers the job creation, economic recovery, and other purposes
of the Recovery Act. To this end, merit-based selection criteria shall
be designed to support particular projects, applications, or applicants
for funding that have, to the greatest extent, a demonstrated or
potential ability to: (i) deliver programmatic results; (ii) achieve
economic stimulus by optimizing economic activity and the number of jobs
created or saved in relation to the Federal dollars obligated; (iii)
achieve long-term public benefits by, for example, investing in
technological advances in science and health to increase economic
efficiency and improve quality of life; investing in transportation,
environmental protection, and other infrastructure that will provide
long-term economic benefits; fostering energy independence; or improving
educational quality; and (iv) satisfy the Recovery Act's transparency
and accountability objectives.
(b) No considerations contained in oral or written communications
from any person or entity concerning particular projects, applications,
or applicants for funding shall supersede or supplant consideration by
executive departments and agencies of such projects, applications, or
applicants for funding pursuant to applicable merit-based criteria.
Sec. 2. Avoiding Funding of Imprudent Projects. (a) Funds under the
Recovery Act shall not be committed, obligated, or expended by any
executive department or agency, and shall not be used by any State or
local governmental or private grantee or awardee, to support projects of
the type described in section 1604 of Division A of the Recovery Act,
which states that ``[n]one of the funds appropriated or otherwise made
available in this Act may be used by any State or local government, or
any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.''
(b) In exercising their available discretion to commit, obligate, or
expend funds under the Recovery Act for grants and other forms of
Federal financial assistance, executive departments and agencies, to the
extent permitted by law, shall not approve or otherwise support funding
for projects that are similar to those described in section 1604 of
Division A of the Recovery Act.
(c) In exercising their available discretion to commit, obligate, or
expend funds under the Recovery Act for grants and other forms of
Federal financial assistance, executive departments and agencies, to the
extent permitted by law, shall not approve or otherwise support any
project, application, or applicant for funding that is imprudent or that
does not further the job creation, economic recovery, and other purposes
of the Act. To this end, executive departments and agencies shall
exercise their available discretion to decline approving or otherwise
supporting particular projects, applications, or applicants for funding
unless the department or agency has affirmatively determined, in
advance, that the project, application, or applicant has a demonstrated
or potential ability to: (i) deliver programmatic results; (ii) achieve
economic stimulus by optimizing economic activity and the number of jobs
created or saved in relation to the Federal dollars obligated; (iii)
achieve long-term public benefits by, for example, investing in
technological advances in science and health to increase economic
efficiency and improve quality of life; investing in transportation,
environmental protection, and other infrastructure that will provide
long-term economic benefits; fostering energy independence; or improving
educational quality; or (iv) satisfy the Recovery Act's transparency and
accountability objectives.
(d) Where executive departments or agencies lack discretion under
the Recovery Act to refuse funding for projects similar to those
described in section 1604 of Division A of the Act, or other projects
that the executive department or agency deems imprudent or as not
furthering the job creation, economic recovery, or other purposes of the
Act, the department or agency shall consult immediately with the Office
of Management and Budget (OMB) about the project and its funding
requirements. Where legally permissible, the department or agency shall:
(i) delay funding of the project for 30 days, or the longest period
permitted by law if less than 30 days, in order to ensure adequate
opportunity for public scrutiny of the project prior to commitment of
funds; and
(ii) publish a description of the proposed project (or project plan) and
its funding requirements on the agency's recovery website as soon as
practicable before or after commitment, obligation, or expenditure of funds
for the project.
(e) Executive departments and agencies, including their respective
Offices of Inspector General, shall monitor compliance with the
prohibition in section 1604 of Division A of the Recovery Act,
referenced in paragraph (a) above, by contractors, grantees, and other
recipients of Federal financial assistance (recipients). If a department
or agency believes that a recipient has not complied with section 1604,
then the department or agency shall (i) promptly notify the Recovery
Accountability and Transparency Board; and (ii) take appropriate
corrective action that may include, but not be limited to, disallowing
or otherwise recovering improperly spent amounts, imposing additional
requirements on the recipient to ensure compliance with section 1604
(and other applicable prohibitions and obligations), initiating a
proceeding for administrative civil penalties, and initiating a
proceeding for suspension and debarment.
Sec. 3. Ensuring Transparency of Registered Lobbyist Communications. (a)
An executive department or agency official shall not consider the view
of a lobbyist registered under the Lobbying Disclosure Act of 1995, 2
U.S.C. 1601 et seq., concerning particular projects, applications, or
applicants for funding under the Recovery Act unless such views are in
writing.
(b) Upon the scheduling of, and again at the outset of, any oral
communication (in-person or telephonic) with any person or entity
concerning particular projects, applications, or applicants for funding
under the Recovery Act, an executive department or agency official shall
inquire whether any of the individuals or parties appearing or
communicating concerning such particular project, application, or
applicant is a lobbyist registered under the Lobbying Disclosure Act of
1995. If so, the lobbyist may not attend or participate in the
telephonic or in-person contact, but may submit a communication in
writing.
(c) All written communications from a registered lobbyist concerning
the commitment, obligation, or expenditure of funds under the Recovery
Act for particular projects, applications, or applicants shall be posted
publicly by the receiving agency or governmental entity on its recovery
website within 3 business days after receipt of such communication.
(d) An executive department or agency official may communicate
orally with registered lobbyists concerning general Recovery Act policy
issues; provided, however, that such oral communications shall not
extend to or touch upon particular projects, applications, or applicants
for funding, and further that the official must contemporaneously or
immediately thereafter document in writing: (i) the date and time of the
contact on policy issues; (ii) the names of the registered lobbyists and
the official(s) between whom the contact took place; and (iii) a short
description of the substance of the communication. This writing must be
posted publicly by the executive department or agency on its recovery
website within 3 business days of the communication.
(e) Upon the scheduling of, and again at the outset of, any oral
communications with any person or entity concerning general Recovery Act
policy issues, an executive department or agency official shall inquire
whether any of the individuals or parties appearing or communicating
concerning such issues is a lobbyist registered under the Lobbying
Disclosure Act. If so, the official shall comply with paragraph (d)
above.
Sec. 4. General Provisions. (a) The Director of OMB shall assist and, as
appropriate, issue guidance to the heads of executive departments and
agencies to carry out their responsibilities under this memorandum.
Within 60 days of the date of this memorandum, the Director of OMB shall
review the implementation of this memorandum by executive departments
and agencies and shall forward to me any recommendations for
modifications or revisions to this memorandum.
(b) This memorandum does not apply to tax-related provisions in
Division B of the Recovery Act.
(c) Nothing in this memorandum shall be construed to impair or
otherwise affect: (i) authority granted by law or Executive Order to an
executive department, agency, or the head thereof; or (ii) functions of
the Director of OMB relating to budgetary, administrative, or
legislative proposals.
(d) This memorandum shall be implemented consistent with applicable
law and all OMB implementing guidance, and shall be subject to the
availability of appropriations.
(e) This memorandum 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.
Sec. 5. Publication. The Director of OMB is hereby authorized and
directed to publish this memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, March 20, 2009.
Presidential Determination No. 2009-17 of April 9, 2009
Waiver and Certification of Statutory Provisions Regarding the Palestine
Liberation Organization Office
Memorandum for the Secretary of State
Pursuant to the authority and conditions contained in Section 7034(b) of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (Div. H, Public Law 111-8), I hereby determine
and certify that it is important to the national security interests of
the United States to waive the provisions of Section 1003 of the Anti-
Terrorism Act of 1987, Public Law 100-204.
This waiver shall be effective for a period of 6 months. You are hereby
authorized and directed to transmit this determination to the Congress
and to publish it in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, April 9, 2009.
Memorandum of April 30, 2009
Delegation of Certain Functions Under Sections 603-604 and 699 of the
Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-
228)
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, I hereby delegate to you the functions conferred
upon the President by sections 603-604 and 699 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228).
You are authorized and directed to transmit this determination and
certification to the appropriate committees of the Congress and to
publish it in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, April 30, 2009.
Memorandum of May 1, 2009
Establishment of the Interagency Committee on Trade in Timber Products
from Peru and Assignment of Function under Section 501 of the United
States-Peru Trade Promotion Agreement Implementation Act
Memorandum for the Secretary of State, the Secretary of the Treasury,
the Attorney General, the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Homeland Security, United States Trade
Representative, [and] Administrator of the United States Agency for
International Development
Section 501 of the United States-Peru Trade Promotion Agreement
Implementation Act (the ``Act''), Public Law 110-138, calls for the
establishment of an interagency committee with responsibility for
overseeing the implementation of Annex 18.3.4 of the United States-Peru
Trade Promotion Agreement (the ``Agreement'') within 90 days after the
date on which the Agreement enters into force. The Agreement entered
into force on February 1, 2009. Therefore, by the authority vested in me
as President under the Constitution and the laws of the United States,
including section 301 of title 3, United States Code, and section 501 of
the Act, I order as follows:
Section 1. Establishment of Interagency Committee. The Interagency
Committee on Trade in Timber Products from Peru (Committee) is hereby
established to oversee the implementation of Annex 18.3.4 of the
Agreement, including by undertaking such actions and making such
determinations provided for in section 501 of the Act that are not
otherwise authorized under law.
Sec. 2. Membership. The Committee shall be composed of representatives
of the Departments of State, Justice, the Interior, and Agriculture, and
the Office of the United States Trade Representative (USTR), and all
representatives shall be officers of the United States. The USTR's
representative shall serve as chair. Representatives of the Department
of Homeland Security and the United States Agency for International
Development shall participate on the Committee as observers. The chair
may invite representatives from other departments or agencies, as
appropriate, to participate as observers.
Sec. 3. Assignment of Function. The function vested in the President by
section 501(h) of the Act is assigned to the USTR.
Sec. 4. Committee Decision-making. The Committee shall endeavor to make
any decision on an action or determination under section 501 of the Act
by consensus, which shall be deemed to exist where no Committee member
objects to the proposed action or determination. If the Committee is
unable to reach a consensus on a proposed action or determination and
the chair determines that allotting further time will cause a decision
to be unduly delayed, the Committee shall decide the matter by majority
vote of its members.
Sec. 5. Implementing Measures. The Secretaries of the Treasury, the
Interior, Agriculture, and Homeland Security are directed to issue, in
consultation with the USTR, such regulations and other measures as are
necessary or appropriate to implement section 501 of the Act.
Sec. 6. General Provisions.
(a) Each department and agency shall bear its own expenses incurred
in connection with the Committee's functions, including expenses it
incurs in carrying out verification visits described in section
501(c)(3) of the Act.
(b) Nothing in this memorandum shall be construed to impair or
otherwise affect:
(i) authority granted by law to a department, agency, or the head thereof;
or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(d) This memorandum 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.
Sec. 7. Publication. The USTR is authorized and directed to publish this
memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, May 1, 2009.
Memorandum of May 5, 2009
Biofuels and Rural Economic Development
Memorandum for the Secretary of Agriculture, the Secretary of Energy,
[and] the Administrator of the Environmental Protection Agency
In the Nation's ongoing efforts to achieve energy independence, biomass
and biofuels promise to play a key role by providing the Nation with
homegrown sustainable energy options and energizing our economy with new
industries and jobs. While producing clean renewable fuels locally is a
powerful engine of economic growth, they must be developed and used in a
way that limits environmental impact. Today, the Environmental
Protection Agency (EPA) is issuing a Notice of Proposed Rulemaking, as
required by the Energy Independence and Security Act of 2007, to set new
national renewable fuel standards and implement those standards. The
public will have an opportunity to provide input on this proposal
through a 60-day comment period, and the EPA is conducting peer reviews
on key aspects of the environmental impact assessments within the
proposal.
In order to shepherd our Nation's development of this important industry
and to coordinate interagency policy, I hereby establish a Biofuels
Interagency Working Group (Working Group), to be co-chaired by the
Secretaries of Agriculture and Energy and the Administrator of the EPA.
This Working Group will coordinate with the National Science and
Technology Council's Biomass Research and Development Board in
undertaking its work. The responsibilities of the Working Group shall
include:
(a) Developing the Nation's first comprehensive biofuel market
development program, which shall use existing authorities and identify
new policies to support the development of next-generation biofuels,
increase flexible fuel vehicle use, and assist in retail marketing
efforts;
(b) Coordinating infrastructure policies affecting the supply,
secure transport, and distribution of biofuels; and
(c) Identifying new policy options to promote the environmental
sustainability of biofuels feedstock production, taking into
consideration land use, habitat conservation, crop management practices,
water efficiency and water quality, as well as lifecycle assessments of
greenhouse gas emissions.
Alongside the Working Group's efforts, the Secretary of Agriculture may
pursue other important biofuel development efforts. The Rural
Development Act of 1972 and the Rural Development Policy Act of 1980
direct the Secretary of Agriculture to develop, in coordination with
State and local governments, a nationwide rural development program to
assure rural America's health and prosperity. In keeping with that
mandate, and recognizing the key role rural America will play in the
development of biofuel technology and development, I request that the
Secretary of Agriculture take the following steps, to the extent
permitted by law:
(a) Immediately begin restructuring existing investments in
renewable fuels as needed to preserve industry employment; and
(b) Develop a comprehensive approach to accelerating the investment
in and production of American biofuels and reducing our dependence on
fossil fuels by providing, within 30 days, under the authorities made
available in the Food, Conservation, and Energy Act of 2008:
(i) Loan guarantees for the development, construction, and retrofitting of
commercial-scale biorefineries and grants to help pay for the development
and construction costs of demonstration-scale biorefineries;
(ii) Expedited funding to encourage biorefineries to replace the use of
fossil fuels in plant operations by installing new biomass energy systems
or producing new energy from renewable biomass;
(iii) Expedited funding to biofuels producers to encourage production of
next-generation biofuels from cellulosic biomass and other feedstocks;
(iv) Expansion of the Renewable Energy Systems and Energy Efficiency
Improvements Program, which has been renamed the Rural Energy for America
Program, to include hydroelectric source technologies, energy audits, and
higher loan guarantee limits; and
(v) Guidance and support for collection, harvest, storage, and
transportation assistance for eligible materials for use in biomass
conversion facilities.
This memorandum 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.
The Secretary of Agriculture is hereby authorized and directed to
publish this memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, May 5, 2009.
Notice of May 7, 2009
Continuation of the National Emergency With Respect to the Actions of
the Government of Syria
On May 11, 2004, pursuant to his authority under the International
Emergency Economic Powers Act, 50 U.S.C. 1701-1706, and the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003, Public
Law 108-175, the President issued Executive Order 13338, in which he
declared a national emergency with respect to the actions of the
Government of Syria. To deal with this national emergency, Executive
Order 13338 authorized the blocking of property of certain persons and
prohibited the exportation or re-exportation of certain goods to Syria.
On April 25, 2006, and February 13, 2008, the President issued Executive
Order 13399 and Executive Order 13460, respectively, to take additional
steps with respect to this national emergency.
The President took these actions to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by the actions of the
Government of Syria in supporting terrorism, maintaining its then-
existing occupation of Lebanon, pursuing weapons of mass destruction and
missile programs, and undermining U.S. and international efforts with
respect to the stabilization and reconstruction of Iraq.
Because the actions and policies of the Government of Syria continue to
pose an unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States, the national emergency
declared on May 11, 2004, and the measures adopted on that date, on
April 25, 2006, in Executive Order 13399, and on February 13, 2008, in
Executive Order 13460, to deal with that emergency must continue in
effect beyond May 11, 2009. Therefore, in accordance with section 202(d)
of the National Emergencies Act, 50 U.S.C. 1622(d), I am continuing for
1 year the national emergency declared with respect to certain actions
of the Government of Syria.
This notice shall be published in the Federal Register and transmitted
to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
May 7, 2009.
Notice of May 14, 2009
Continuation of the National Emergency With Respect to Burma
On May 20, 1997, the President issued Executive Order 13047, certifying
to the Congress under section 570(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997 (Public Law
104-208), that the Government of Burma has committed large-scale
repression of the democratic opposition in Burma after September 30,
1996, thereby invoking the prohibition on new investment in Burma by
United States persons contained in that section. The President also
declared a national emergency to deal with the threat posed to the
national security and foreign policy of the United States by the actions
and policies of the Government of Burma, invoking the authority, inter
alia, of the International Emergency Economic Powers Act, 50 U.S.C. 1701
et seq.
On July 28, 2003, the President issued Executive Order 13310, taking
additional steps with respect to that national emergency by putting in
place an import ban required by the Burmese Freedom and Democracy Act of
2003 and prohibiting exports of financial services to Burma and the
dealing in property in which certain designated persons have an
interest. On October 18, 2007, the President issued Executive Order
13448, expanding the national emergency declared in Executive Order
13047 and taking additional steps to prohibit transactions or dealings
with certain persons, including the Burmese regime's financial
supporters and their companies, as well as individuals determined to be
responsible for or to have participated in human rights abuses or to
have engaged in activities facilitating public corruption in Burma.
On April 30, 2008, the President issued Executive Order 13464, taking
additional steps with respect to the national emergency declared in
Executive Order 13047, in order to address the Government of Burma's
continued repression of the democratic opposition in Burma.
Because the actions and policies of the Government of Burma continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States, the national emergency declared on
May 20, 1997, and the measures adopted on that date, July 28, 2003,
October 18, 2007, and April 30, 2008, to deal with that emergency, must
continue in effect beyond May 20, 2009. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency with respect to Burma. This
notice shall be published in the Federal Register and transmitted to the
Congress.
BARACK OBAMA
THE WHITE HOUSE,
May 14, 2009.
Memorandum of May 15, 2009
Assignment of Reporting Function Under the American Recovery and
Reinvestment Act of 2009
Memorandum for the Chair of the Council On Environmental Quality
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby assign to you the authority to perform the
function conferred upon the President by section 1609(c) of Division A
of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)
of providing specified reports to the Congress.
You are authorized and directed to publish this memorandum in the
Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, May 15, 2009.
Presidential Determination No. 2009-18 of May 19, 2009
Proposed Agreement for Cooperation Between the Government of the United
States of America and the Government of the United Arab Emirates
Concerning Peaceful Uses of Nuclear Energy
Memorandum for the Secretary of State [and] the Secretary of Energy
I have considered the proposed Agreement for Cooperation Between the
Government of the United States of America and the Government of the
United Arab Emirates Concerning Peaceful Uses of Nuclear Energy, along
with the views, recommendations, and statements of the interested
agencies.
I have determined that the performance of the Agreement will promote,
and will not constitute an unreasonable risk to, the common defense and
security. Pursuant to section 123 b. of the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2153(b)), I hereby approve the proposed Agreement
and authorize the Secretary of State to arrange for its execution.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, May 19, 2009.
Notice of May 19, 2009
Continuation of the National Emergency With Respect to the Stabilization
of Iraq
On May 22, 2003, by Executive Order 13303, the President declared a
national emergency protecting the Development Fund for Iraq and certain
other property in which Iraq has an interest, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706). The
President took this action to deal with the unusual and extraordinary
threat to the national security and foreign policy of the United States
posed by obstacles to the orderly reconstruction of Iraq, the
restoration and maintenance of peace and security in the country, and
the development of political, administrative, and economic institutions
in Iraq.
In Executive Order 13315 of August 28, 2003, Executive Order 13350 of
July 29, 2004, Executive Order 13364 of November 29, 2004, and Executive
Order 13438 of July 17, 2007, the President modified the scope of the
national emergency declared in Executive Order 13303 and amended the
steps taken pursuant to it.
Because the obstacles to the orderly reconstruction of Iraq, the
restoration and maintenance of peace and security in the country, and
the development of political, administrative, and economic institutions
in Iraq continue to pose an unusual and extraordinary threat to the
national security and foreign policy of the United States, the national
emergency declared on May 22, 2003, and the measures adopted on that
date, August 28, 2003, July 29, 2004, November 29, 2004, and July 17,
2007, to deal with that emergency must continue in effect beyond May 22,
2009. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to the stabilization of Iraq.
This notice shall be published in the Federal Register and transmitted
to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
May 19, 2009.
Memorandum of May 20, 2009
Preemption
Memorandum for the Heads of Executive Departments and Agencies
From our Nation's founding, the American constitutional order has been a
Federal system, ensuring a strong role for both the national Government
and the States. The Federal Government's role in promoting the general
welfare and guarding individual liberties is critical, but State law and
national law often operate concurrently to provide independent
safeguards for the public. Throughout our history, State and local
governments have frequently protected health, safety, and the
environment more aggressively than has the national Government.
An understanding of the important role of State governments in our
Federal system is reflected in longstanding practices by executive
departments and agencies, which have shown respect for the traditional
prerogatives of the States. In recent years, however, notwithstanding
Executive Order 13132 of August 4, 1999 (Federalism), executive
departments and agencies have sometimes announced that their regulations
preempt State law, including State common law, without explicit
preemption by the Congress or an otherwise sufficient basis under
applicable legal principles.
The purpose of this memorandum is to state the general policy of my
Administration that preemption of State law by executive departments and
agencies should be undertaken only with full consideration of the
legitimate prerogatives of the States and with a sufficient legal basis
for preemption. Executive departments and agencies should be mindful
that in our Federal system, the citizens of the several States have
distinctive circumstances and values, and that in many instances it is
appropriate for them to apply to themselves rules and principles that
reflect these circumstances and values. As Justice Brandeis explained
more than 70 years ago, ``[i]t is one of the happy incidents of the
federal system that a single courageous state may, if its citizens
choose, serve as a laboratory; and try novel social and economic
experiments without risk to the rest of the country.''
To ensure that executive departments and agencies include statements of
preemption in regulations only when such statements have a sufficient
legal basis:
1. Heads of departments and agencies should not include in
regulatory preambles statements that the department or agency intends to
preempt State law through the regulation except where preemption
provisions are also included in the codified regulation.
2. Heads of departments and agencies should not include preemption
provisions in codified regulations except where such provisions would be
justified under legal principles governing preemption, including the
principles outlined in Executive Order 13132.
3. Heads of departments and agencies should review regulations
issued within the past 10 years that contain statements in regulatory
preambles or codified provisions intended by the department or agency to
preempt State law, in order to decide whether such statements or
provisions are justified under applicable legal principles governing
preemption. Where the head of a department or agency determines that a
regulatory statement of preemption or codified regulatory provision
cannot be so justified, the head of that department or agency should
initiate appropriate action, which may include amendment of the relevant
regulation.
Executive departments and agencies shall carry out the provisions of
this memorandum to the extent permitted by law and consistent with their
statutory authorities. Heads of departments and agencies should consult
as necessary with the Attorney General and the Office of Management and
Budget's Office of Information and Regulatory Affairs to determine how
the requirements of this memorandum apply to particular situations.
This memorandum 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.
The Director of the Office of Management and Budget is authorized and
directed to publish this memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, May 20, 2009.
Memorandum of May 27, 2009
Classified Information and Controlled Unclassified Information
Memorandum for the Heads of Executive Departments and Agencies
As outlined in my January 21, 2009, memoranda to the heads of executive
departments and agencies on Transparency and Open Government and on the
Freedom of Information Act, my Administration is committed to operating
with an unprecedented level of openness. While the Government must be
able to prevent the public disclosure of information where such
disclosure would compromise the privacy of American citizens, national
security, or other legitimate interests, a democratic government
accountable to the people must be as transparent as possible and must
not withhold information for self-serving reasons or simply to avoid
embarrassment.
To these ends, I hereby direct the following:
Section 1. Review of Executive Order 12958. (a) Within 90 days of the
date of this memorandum, and after consulting with the relevant
executive departments and agencies (agencies), the Assistant to the
President for National Security Affairs shall review Executive Order
12958, as amended (Classified National Security Information), and submit
to me recommendations and proposed revisions to the order.
(b) The recommendations and proposed revisions shall address:
(i) Establishment of a National Declassification Center to bring
appropriate agency officials together to perform collaborative
declassification review under the administration of the Archivist of the
United States;
(ii) Effective measures to address the problem of over classification,
including the possible restoration of the presumption against
classification, which would preclude classification of information where
there is significant doubt about the need for such classification, and the
implementation of increased accountability for classification decisions;
(iii) Changes needed to facilitate greater sharing of classified
information among appropriate parties;
(iv) Appropriate prohibition of reclassification of material that has
been declassified and released to the public under proper authority;
(v) Appropriate classification, safeguarding, accessibility, and
declassification of information in the electronic environment, as
recommended by the Commission on the Intelligence Capabilities of the
United States Regarding Weapons of Mass Destruction and others; and
(vi) Any other measures appropriate to provide for greater openness and
transparency in the Government's security classification and
declassification program while also affording necessary protection to the
Government's legitimate interests.
Sec. 2. Review of Procedures for Controlled Unclassified Information.
(a) Background. There has been a recognized need in recent years to
enhance national security by establishing an information sharing
environment that facilitates the sharing of terrorism-related
information among government personnel addressing common problems across
agencies and levels of government. The global nature of the threats
facing the United States requires that our Nation's entire network of
defenders be able rapidly to share sensitive but unclassified
information so that those who must act have the information they need.
To this end, efforts have been made to standardize procedures for
designating, marking, and handling information that had been known
collectively as ``Sensitive But Unclassified'' (SBU) information.
Sensitive But Unclassified refers collectively to the various
designations used within the Federal Government for documents and
information that are sufficiently sensitive to warrant some level of
protection, but that do not meet the standards for national security
classification. Because each agency has implemented its own protections
for categorizing and handling SBU, there are more than 107 unique
markings and over 130 different labeling or handling processes and
procedures for SBU information.
A Presidential Memorandum of December 16, 2005, created a process for
establishing a single, standardized, comprehensive designation within
the executive branch for most SBU information. A related Presidential
Memorandum of May 9, 2008 (hereafter the ``May 2008 Presidential
Memorandum''), adopted the phrase ``Controlled Unclassified
Information'' (CUI) to refer to such information. That memorandum
adopted, instituted, and defined CUI as the single designation for
information within the scope of the CUI definition, including terrorism-
related information previously designated SBU. The memorandum also
established a CUI Framework for designating, marking, safeguarding, and
disseminating CUI terrorism-related information; designated the National
Archives and Records Administration as the Executive Agent responsible
for overseeing and managing implementation of the CUI Framework, and
created a CUI Council to perform an advisory and coordinating role.
The May 2008 Presidential Memorandum had the salutary effect of
establishing a framework for standardizing agency-specific approaches to
designating terrorism-related information that is sensitive but not
classified. As anticipated, the process of implementing the new CUI
Framework is still ongoing and is not expected to be completed until
2013. Moreover, the scope of the May 2008 Presidential Memorandum is
limited to terrorism-related information within the information sharing
environment. In the absence of a single, comprehensive framework that is
fully implemented, the persistence of multiple categories of SBU,
together with institutional and perceived technological obstacles to
moving toward an information sharing culture, continue to impede
collaboration and the otherwise authorized sharing of SBU information
among agencies, as well as between the Federal Government and its
partners in State, local, and tribal governments and the private sector.
Agencies and other relevant actors should continue their efforts toward
implementing the CUI framework. At the same time, new measures should be
considered to further and expedite agencies' implementation of
appropriate frameworks for standardized treatment of SBU information and
information sharing.
(b) Interagency Task Force on CUI. (i) The Attorney General and the
Secretary of Homeland Security, in consultation with the Secretary of
State, the Archivist of the United States, the Director of the Office of
Management and Budget, the Director of National Intelligence, the
Program Manager, Information Sharing Environment (established in section
1016 of the Intelligence Reform and Terrorism Prevention Act of 2004, as
amended (6 U.S.C. 485)), and the CUI Council (established in the May
2008 Presidential Memorandum), shall lead an Interagency Task Force on
CUI (Task Force). The Task Force shall be composed of senior
representatives from a broad range of agencies from both inside and
outside the information sharing environment.
(ii) The objective of the Task Force shall be to review current
procedures for categorizing and sharing SBU information in order to
determine whether such procedures strike the proper balance among the
relevant imperatives. These imperatives include protecting legitimate
security, law enforcement, and privacy interests as well as civil
liberties, providing clear rules to those who handle SBU information, and
ensuring that the handling and dissemination of information is not
restricted unless there is a compelling need. The Task Force shall also
consider measures to track agencies' progress with implementing the CUI
Framework, other measures to enhance implementation of an effective
information sharing environment across agencies and levels of government,
and whether the scope of the CUI Framework should remain limited to
terrorism-related information within the information sharing environment or
be expanded to apply to all SBU information.
(iii) Within 90 days of the date of this memorandum, the Task Force shall
submit to me recommendations regarding how the executive branch should
proceed with respect to the CUI Framework and the information sharing
environment. The recommendations shall recognize and reflect a balancing of
the following principles:
(A) A presumption in favor of openness in accordance with my
memoranda of January 21, 2009, on Transparency and Open
Government and on the Freedom of Information Act;
(B) The value of standardizing the procedures for designating,
marking, and handling all SBU information; and
(C) The need to prevent the public disclosure of information
where disclosure would compromise privacy or other legitimate
interests.
Sec. 3. General Provisions. (a) The heads of agencies shall assist and
provide information to the Task Force, consistent with applicable law,
as may be necessary to carry out the functions of their activities under
this memorandum. Each agency shall bear its own expense for
participating in the Task Force.
(b) Nothing in this memorandum shall be construed to impair or
otherwise affect:
(i) Authority granted by law or Executive Order to an agency, or the head
thereof; or
(ii) Functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(d) This memorandum 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.
Sec. 4. Publication. The Attorney General is hereby authorized and
directed to publish this memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, May 27, 2009.
Presidential Determination No. 2009-19 of June 5, 2009
Suspension of Limitations Under the Jerusalem Embassy Act
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President by the Constitution
and the laws of the United States, including section 7(a) of the
Jerusalem Embassy Act of 1995 (Public Law 104-45) (the ``Act''), I
hereby determine that it is necessary, in order to protect the national
security interests of the United States, to suspend for a period of 6
months the limitations set forth in sections 3(b) and 7(b) of the Act.
You are hereby authorized and directed to transmit this determination to
the Congress, accompanied by a report in accordance with section 7(a) of
the Act, and to publish the determination in the Federal Register.
This suspension shall take effect after transmission of this
determination and report to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
Washington, June 5, 2009.
Memorandum of June 8, 2009
Delegation of Certain Functions Under Section 201 of Public Law 110-429
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, I hereby delegate to you all functions conferred
upon the President by subsections (a), (b), and (c) of section 201 of
Public Law 110-429. You will exercise these functions in coordination
with the Secretary of Defense.
You are authorized and directed to publish this memorandum in the
Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, June 8, 2009.
Presidential Determination No. 2009-20 of June 12, 2009
Presidential Determination for the Kingdom of Cambodia Under Section
2(b)(2) of the Export-Import Bank Act of 1945, as amended
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 2(b)(C) of the Export-
Import Bank Act of 1945, as amended (12 U.S.C. 635(b)(2)(C)), I hereby
determine that the Kingdom of Cambodia has ceased to be a Marxist-
Leninist country within the definition of such term in section
2(b)(2)(B)(i) of that Act.
You are authorized and directed to publish this determination in the
Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, June 12, 2009.
Presidential Determination No. 2009-21 of June 12, 2009
Presidential Determination for the Lao People's Democratic Republic
Under Section 2(b)(2) of the Export-Import Bank Act of 1945, as amended
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 2(b)(C) of the Export-
Import Bank Act of 1945, as amended (12 U.S.C. 635(b)(2)(C)), I hereby
determine that The Lao People's Democratic Republic has ceased to be a
Marxist-Leninist country within the definition of such term in section
2(b)(2)(B)(i) of that Act.
You are authorized and directed to publish this determination in the
Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, June 12, 2009.
Memorandum of June 12, 2009
National Policy for the Oceans, Our Coasts, and the Great Lakes
Memorandum for the Heads of Executive Departments and Agencies
The oceans, our coasts, and the Great Lakes provide jobs, food, energy
resources, ecological services, recreation, and tourism opportunities,
and play critical roles in our Nation's transportation, economy, and
trade, as well as the global mobility of our Armed Forces and the
maintenance of international peace and security. We have a stewardship
responsibility to maintain healthy, resilient, and sustainable oceans,
coasts, and Great Lakes resources for the benefit of this and future
generations.
Yet, the oceans, coasts, and Great Lakes are subject to substantial
pressures and face significant environmental challenges. Challenges
include water pollution and degraded coastal water quality caused by
industrial and commercial activities both onshore and offshore, habitat
loss, fishing impacts, invasive species, disease, rising sea levels, and
ocean acidification. Oceans both influence and are affected by climate
change. They not only affect climate processes but they are also under
stress from the impacts of climate change. Renewable energy, shipping,
and aquaculture are also expected to place growing demands on ocean and
Great Lakes resources. These resources therefore require protection
through the numerous Federal, State, and local authorities with
responsibility and jurisdiction over the oceans, coasts, and Great
Lakes.
To succeed in protecting the oceans, coasts, and Great Lakes, the United
States needs to act within a unifying framework under a clear national
policy, including a comprehensive, ecosystem-based framework for the
longterm conservation and use of our resources.
In order to better meet our Nation's stewardship responsibilities for
the oceans, coasts, and Great Lakes, there is established an Interagency
Ocean Policy Task Force (Task Force), to be led by the Chair of the
Council on Environmental Quality. The Task Force shall be composed of
senior policy-level officials from the executive departments, agencies,
and offices represented on the Committee on Ocean Policy established by
section 3 of Executive Order 13366 of December 17, 2004. This Task Force
is not meant to duplicate that structure, but rather is intended to be a
temporary entity with the following responsibilities:
1. Within 90 days from the date of this memorandum, the Task Force shall
develop recommendations that include:
a. A national policy that ensures the protection, maintenance, and
restoration of the health of ocean, coastal, and Great Lakes ecosystems
and resources, enhances the sustainability of ocean and coastal
economies, preserves our maritime heritage, provides for adaptive
management to enhance our understanding of and capacity to respond to
climate change, and is coordinated with our national security and
foreign policy interests. The recommendations should prioritize
upholding our stewardship responsibilities and ensuring accountability
for all of our actions affecting ocean, coastal, and Great Lakes
resources, and be consistent with international law, including customary
international law as reflected in the 1982 United Nations Convention on
the Law of the Sea.
b. A United States framework for policy coordination of efforts to
improve stewardship of the oceans, our coasts, and the Great Lakes. The
Task Force should review the Federal Government's existing policy
coordination framework to ensure integration and collaboration across
jurisdictional lines in meeting the objectives of a national policy for
the oceans, our coasts, and the Great Lakes. This will include
coordination with the work of the National Security Council and Homeland
Security Council as they formulate and coordinate policy involving
national and homeland security, including maritime security. The
framework should also address specific recommendations to improve
coordination and collaboration among Federal, State, tribal, and local
authorities, including regional governance structures.
c. An implementation strategy that identifies and prioritizes a set of
objectives the United States should pursue to meet the objectives of a
national policy for the oceans, our coasts, and the Great Lakes.
2. Within 180 days from the date of this memorandum, the Task Force
shall develop, with appropriate public input, a recommended framework
for effective coastal and marine spatial planning. This framework should
be a comprehensive, integrated, ecosystem-based approach that addresses
conservation, economic activity, user conflict, and sustainable use of
ocean, coastal, and Great Lakes resources consistent with international
law, including customary international law as reflected in the 1982
United Nations Convention on the Law of the Sea.
3. The Task Force shall terminate upon the completion of its duties.
The Task Force's recommendations and frameworks should be cost effective
and improve coordination across Federal agencies.
This memorandum covers matters involving the oceans, the Great Lakes,
the coasts of the United States (including its territories and
possessions), and related seabed, subsoil, and living and non-living
resources.
This memorandum 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.
Nothing in this memorandum shall be construed to impair or otherwise
affect the functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, regulatory, and
legislative proposals.
The Chair of the Council on Environmental Quality is hereby authorized
and directed to publish this memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, June 12, 2009.
Notice of June 12, 2009
Continuation of the National Emergency With Respect to the Actions and
Policies of Certain Members of the Government of Belarus and Other
Persons that Undermine Democratic Processes or Institutions in Belarus
On June 16, 2006, by Executive Order 13405, the President declared a
national emergency and ordered related measures blocking the property of
certain persons undermining democratic processes or institutions in
Belarus, pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706). The President took this action to deal with the
unusual and extraordinary threat to the national security and foreign
policy of the United States constituted by the actions and policies of
certain members of the Government of Belarus and other persons that have
undermined democratic processes or institutions; committed human rights
abuses related to political repression, including detentions and
disappearances; and engaged in public corruption, including by diverting
or misusing Belarusian public assets or by misusing public authority.
Despite some positive developments in the past year, including the
release of internationally recognized political prisoners, the actions
and policies of certain members of the Government of Belarus and other
persons continue to pose an unusual and extraordinary threat to the
national security and foreign policy of the United States. Accordingly,
the national emergency declared on June 16, 2006, and the measures
adopted on that date to deal with that emergency, must continue in
effect beyond June 16, 2009. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency declared in Executive Order
13405.
This notice shall be published in the Federal Register and transmitted
to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
June 12, 2009.
Memorandum of June 17, 2009
Federal Benefits and Non-Discrimination
Memorandum for the Heads of Executive Departments and Agencies
Millions of hard-working, dedicated, and patriotic public servants are
employed by the Federal Government as part of the civilian workforce,
and many of these devoted Americans have same-sex domestic partners.
Leading companies in the private sector are free to provide to same-sex
domestic partners the same benefits they provide to married people of
the opposite sex. Executive departments and agencies, however, may only
provide benefits on that basis if they have legal authorization to do
so. My Administration is not authorized by Federal law to extend a
number of available Federal benefits to the same-sex partners of Federal
employees. Within existing law, however, my Administration, in
consultation with the Secretary of State, who oversees our Foreign
Service employees, and the Director of the Office of Personnel
Management, who oversees human resource management for our civil service
employees, has identified areas in which statutory authority exists to
achieve greater equality for the Federal workforce through extension to
same-sex domestic partners of benefits currently available to married
people of the opposite sex. Extending available benefits will help the
Federal Government compete with the private sector to recruit and retain
the best and the brightest employees.
I hereby request the following:
Section 1. Extension of Identified Benefits. The Secretary of State and
the Director of the Office of Personnel Management shall, in
consultation with the Department of Justice, extend the benefits they
have respectively identified to qualified same-sex domestic partners of
Federal employees where doing so can be achieved and is consistent with
Federal law.
Sec. 2. Review of Governmentwide Benefits. The heads of all other
executive departments and agencies, in consultation with the Office of
Personnel Management, shall conduct a review of the benefits provided by
their respective departments and agencies to determine what authority
they have to extend such benefits to same-sex domestic partners of
Federal employees. The results of this review shall be reported within
90 days to the Director of the Office of Personnel Management, who, in
consultation with the Department of Justice, shall recommend to me any
additional measures that can be taken, consistent with existing law, to
provide benefits to the same-sex domestic partners of Federal Government
employees.
Sec. 3. Promoting Compliance with Existing Law Requiring Federal
Workplaces to be Free of Discrimination Based on Non-Merit Factors. The
Office of Personnel Management shall issue guidance within 90 days to
all executive departments and agencies regarding compliance with, and
implementation of, the civil service laws, rules, and regulations,
including 5 U.S.C. 2302(b)(10), which make it unlawful to discriminate
against Federal employees or applicants for Federal employment on the
basis of factors not related to job performance.
Sec. 4. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) Authority granted by law or Executive Order to an agency, or the head
thereof; or
(ii) Functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum 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.
Sec. 5. Publication. The Director of the Office of Personnel Management
is hereby authorized and directed to publish this memorandum in the
Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, June 17, 2009.
Notice of June 18, 2009
Continuation of the National Emergency With Respect to the Risk of
Nuclear Proliferation Created by the Accumulation of Weapons-Useable
Fissile Material in the Territory of the Russian Federation
On June 21, 2000, the President issued Executive Order 13159 (the
``order'') blocking property and interests in property of the Government
of the Russian Federation that are in the United States, that hereafter
come within the United States, or that are or hereafter come within the
possession or control of United States persons that are directly related
to the implementation of the Agreement Between the Government of the
United States of America and the Government of the Russian Federation
Concerning the Disposition of Highly Enriched Uranium Extracted from
Nuclear Weapons, dated February 18, 1993, and related contracts and
agreements (collectively, the ``HEU Agreements''). The HEU Agreements
allow for the downblending of highly enriched uranium derived from
nuclear weapons to low enriched uranium for peaceful commercial
purposes. The order invoked the authority, inter alia, of the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and
declared a national emergency to deal with the unusual and extraordinary
threat to the national security and foreign policy of the United States
posed by the risk of nuclear proliferation created by the accumulation
of a large volume of weapons-usable fissile material in the territory of
the Russian Federation.
The national emergency declared on June 21, 2000, must continue beyond
June 21, 2009, to provide continued protection from attachment,
judgment, decree, lien, execution, garnishment, or other judicial
process for the property and interests in property of the Government of
the Russian Federation that are directly related to the implementation
of the HEU Agreements and subject to U.S. jurisdiction. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency with
respect to the risk of nuclear proliferation created by the accumulation
of weapons-usable fissile material in the territory of the Russian
Federation. This notice shall be published in the Federal Register and
transmitted to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
June 18, 2009.
Notice of June 22, 2009
Continuation of the National Emergency With Respect to the Western
Balkans
On June 26, 2001, by Executive Order 13219, the President declared a
national emergency with respect to the Western Balkans, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706), to
deal with the unusual and extraordinary threat to the national security
and foreign policy of the United States constituted by the actions of
persons engaged in, or assisting, sponsoring, or supporting (i)
extremist violence in the Republic of Macedonia and elsewhere in the
Western Balkans region, or (ii) acts obstructing implementation of the
Dayton Accords in Bosnia or United Nations Security Council Resolution
1244 of June 10, 1999, in Kosovo. The President subsequently amended
that order in Executive Order 13304 of May 28, 2003.
Because the actions of persons threatening the peace and international
stabilization efforts in the Western Balkans continue to pose an unusual
and extraordinary threat to the national security and foreign policy of
the United States, the national emergency declared on June 26, 2001, and
the measures adopted on that date and thereafter to deal with that
emergency, must continue in effect beyond June 26, 2009. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency with
respect to the Western Balkans.
This notice shall be published in the Federal Register and transmitted
to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
June 22, 2009.
Notice of June 24, 2009
Continuation of the National Emergency With Respect to North Korea
On June 26, 2008, by Executive Order 13466, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the current existence and risk of the
proliferation of weapons-usable fissile material on the Korean
Peninsula. The President also found that it was necessary to maintain
certain restrictions with respect to North Korea that would otherwise
have been lifted pursuant to Proclamation 8271 of June 26, 2008, which
terminated the exercise of authorities under the Trading With the Enemy
Act (50 U.S.C. App. 1-44) with respect to North Korea.
Because the existence and risk of the proliferation of weapons-usable
fissile material on the Korean Peninsula continue to pose an unusual and
extraordinary threat to the national security and foreign policy of the
United States, the national emergency declared on June 26, 2008, and the
measures adopted on that date to deal with that emergency, must continue
in effect beyond June 26, 2009. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency declared in Executive Order
13466.
This notice shall be published in the Federal Register and transmitted
to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
June 24, 2009.
Presidential Determination No. 2009-22 of July 1, 2009
Presidential Determination Under Section 402 (c)(2)(A) of the Trade Act
of 1974--Republic of Belarus
Memorandum for the Secretary of State
Pursuant to section 402(c)(2)(A)of the Trade Act of 1974 (Public Law 93-
618), as amended (the ``Act''), I determine that a waiver by Executive
Order of the application of subsections (a) and (b) of section 402 of
the Act with respect to Belarus will substantially promote the
objectives of section 402.
You are authorized and directed to transmit this determination to the
Congress and to publish it in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, July 1, 2009.
Presidential Determination No. 2009-23 of July 8, 2009
Waiver of Restriction on Providing Funds to the Palestinian Authority
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 7040(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (Division H, Public Law 111-8) (the ``Act''), I
hereby certify that it is important to the national security interests
of the United States to waive the provisions of section 7040(a) of the
Act, in order to provide funds appropriated to carry out chapter 4 of
part II of the Foreign Assistance Act, as amended, to the Palestinian
Authority.
You are directed to transmit this determination to the Congress, with a
report pursuant to section 7040(d) of the Act, and to publish the
determination in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, July 8, 2009.
Notice of July 16, 2009
Continuation of the National Emergency With Respect to the Former
Liberian Regime of Charles Taylor
On July 22, 2004, by Executive Order 13348, the President declared a
national emergency and ordered related measures, including the blocking
of the property of certain persons connected to the former Liberian
regime of Charles Taylor, pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701-1706). The President took this
action to deal with the unusual and extraordinary threat to the foreign
policy of the United States constituted by the actions and policies of
former Liberian President Charles Taylor and other persons, in
particular their unlawful depletion of Liberian resources and their
removal from Liberia and secreting of Liberian funds and property, which
have undermined Liberia's transition to democracy and the orderly
development of its political, administrative, and economic institutions
and resources. The President further noted that the Comprehensive Peace
Agreement signed on August 18, 2003, and the related cease-fire had not
yet been universally implemented throughout Liberia, and that the
illicit trade in round logs and timber products was linked to the
proliferation of and trafficking in illegal arms, which perpetuated the
Liberian conflict and fueled and exacerbated other conflicts throughout
West Africa.
The actions and policies of Charles Taylor and others have left a legacy
of destruction that continues to undermine Liberia's transformation and
recovery. Because the actions and policies of these persons continue to
pose an unusual and extraordinary threat to the foreign policy of the
United States, the national emergency declared on July 22, 2004, and the
measures adopted on that date to deal with that emergency, must continue
in effect beyond July 22, 2009. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency declared in Executive Order
13348.
This notice shall be published in the Federal Register and transmitted
to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
July 16, 2009.
Memorandum of July 17, 2009
Assignment of Reporting Functions Under the Supplemental Appropriations
Act, 2009
Memorandum for the Secretary of State[,] the Secretary of Defense[,] the
Attorney General[, and] the Director of National Intelligence
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby assign the authority to perform the functions
conferred upon the President by sections 319(a), (c), and (d) and
sections 14103(d), (e), and (f) of the Supplemental Appropriations Act,
2009 (Public Law 111-32), as follows:
1. To the Attorney General, of providing to the Congress the reports
specified in sections 319(a), 319(c)(1)-(3), and 14103(f), as well as the
plan specified in section 14103(d);
2. To the Director of National Intelligence, in consultation with the
Secretary of Defense, of providing to the Congress the report specified in
sections 319(a), 319(c)(4)-(5), and 319(d); and
3. To the Secretary of State, in consultation with the Secretary of
Defense, of providing to the Congress the information specified in section
14103(e).
The Attorney General is authorized and directed to publish this
memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, July 17, 2009.
Memorandum of July 30, 2009
Guidelines for Human Stem Cell Research
Memorandum for the Heads of Executive Departments and Agencies
As outlined in Executive Order 13505 of March 9, 2009, my Administration
is committed to supporting and conducting ethically responsible,
scientifically worthy human stem cell research, including human
embryonic stem cell research, to the extent permitted by law. Pursuant
to that order, the National Institutes of Health (NIH) published final
``National Institutes of Health Guidelines for Human Stem Cell
Research'' (Guidelines), effective July 7, 2009. These Guidelines apply
to the expenditure of NIH funds for research using human embryonic stem
cells and certain uses of human induced pluripotent stem cells. The
Guidelines are based on the principles that responsible research with
human embryonic stem cells has the potential to improve our
understanding of human biology and aid in the discovery of new ways to
prevent and treat illness, and that individuals donating embryos for
research purposes should do so freely, with voluntary and informed
consent. These Guidelines will ensure that NIH-funded research adheres
to the highest ethical standards.
In order to ensure that all federally funded human stem cell research is
conducted according to these same principles and to promote a uniform
Federal policy across the executive branch, I hereby direct the heads of
executive departments and agencies that support and conduct stem cell
research to adopt these Guidelines, to the fullest extent practicable in
light of legal authorities and obligations. I also direct those
departments and agencies to submit to the Director of the Office of
Management and Budget (OMB), within 90 days, proposed additions or
revisions to any other guidance, policies, or procedures related to
human stem cell research, consistent with Executive Order 13505 and this
memorandum. The Director of the OMB shall, in coordination with the
Director of NIH, review these proposals to ensure consistent
implementation of Executive Order 13505 and this memorandum.
This memorandum 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.
Executive departments and agencies shall carry out the provisions of
this memorandum to the extent permitted by law and consistent with their
statutory and regulatory authorities and their enforcement mechanisms.
The Director of the OMB is hereby authorized and directed to publish
this memorandum in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, July 30, 2009.
Notice of July 30, 2009
Continuation of the National Emergency With Respect to the Actions of
Certain Persons To Undermine the Sovereignty of Lebanon or its
Democratic Processes and Institutions
On August 1, 2007, by Executive Order 13441, the President declared a
national emergency and ordered related measures blocking the property of
certain persons undermining the sovereignty of Lebanon or its democratic
processes or institutions and certain other persons, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706). The
President determined that the actions of certain persons to undermine
Lebanon's legitimate and democratically elected government or democratic
institutions; to contribute to the deliberate breakdown in the rule of
law in Lebanon, including through politically motivated violence and
intimidation; to reassert Syrian control or contribute to Syrian
interference in Lebanon, or to infringe upon or undermine Lebanese
sovereignty contribute to political and economic instability in that
country and the region and constitute an unusual and extraordinary
threat to the national security and foreign policy of the United States.
Despite some positive developments in the past year, including the
establishment of diplomatic relations and an exchange of ambassadors
between Syria and Lebanon, the actions of certain persons continue to
contribute to political and economic instability in Lebanon and continue
to pose an unusual and extraordinary threat to the national security and
foreign policy of the United States. Therefore, the national emergency
declared on August 1, 2007, and the measures adopted on that date to
deal with that emergency, must continue in effect beyond August 1, 2009.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency declared in Executive Order 13441.
This notice shall be published in the Federal Register and transmitted
to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
July 30, 2009.
Memorandum of August 5, 2009
Designation of Officers of the Office of Science and Technology Policy
To Act as Director
Memorandum for the Director of the Office of Science and Technology
Policy
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2
of this memorandum, the following officials of the Office of Science and
Technology Policy (OSTP), in the order listed, shall act as and perform
the functions and duties of the office of the Director of OSTP
(Director), during any period in which the Director has died, resigned,
or otherwise become unable to perform the functions and duties of the
office of the Director, until such time as the Director is able to
perform the functions and duties of that office:
(a) Associate Director (National Security and International Affairs);
(b) Associate Director (Technology);
(c) Associate Director (Science); and
(d) Associate Director (Environment).
Sec. 2. Exceptions.
(a) No individual who is serving in an office listed in section 1 in an
acting capacity, by virtue of so serving, shall act as Director pursuant
to this memorandum.
(b) No individual listed in section 1 shall act as Director unless that
individual is otherwise eligible to so serve under the Federal Vacancies
Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President
retains the discretion, to the extent permitted by law, to depart from
this memorandum in designating an acting Director.
Sec. 3. Revocation. The President's memorandum of December 11, 2002
(Designation of Officers of the Office of Science and Technology Policy
to Act as Director), is hereby revoked.
Sec. 4. This memorandum is intended to improve the internal management
of the executive branch and 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.
Sec. 5. You are authorized and directed to publish this memorandum in
the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, August 5, 2009.
Memorandum of August 6, 2009
Assignment of Function Under Section 601 of the American Recovery and
Reinvestment Act of 2009
Memorandum for the Secretary of Homeland Security
By virtue of the authority vested in me as President by the Constitution
and the laws of the United States, including section 301 of title 3,
United States Code, I hereby assign to you the function of the President
under section 601, title VI, Division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
You are authorized and directed to publish this memorandum in the
Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, August 6, 2009.
Presidential Determination No. 2009-24 of August 13, 2009
Continuation of U.S. Drug Interdiction Assistance to the Government of
Colombia
Memorandum for the Secretary of State [and] the Secretary of Defense
Pursuant to the authority vested in me by section 1012 of the National
Defense Authorization Act for Fiscal Year 1995, as amended (22 U.S.C.
2291-4), I hereby certify, with respect to Colombia, that (1)
interdiction of aircraft reasonably suspected to be primarily engaged in
illicit drug trafficking in that country's airspace is necessary,
because of the extraordinary threat posed by illicit drug trafficking to
the national security of that country; and (2) that country has
appropriate procedures in place to protect against innocent loss of life
in the air and on the ground in connection with such interdiction, which
shall at a minimum include effective means to identify and warn an
aircraft before the use of force is directed against the aircraft.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register and to notify the Congress of this
determination.
BARACK OBAMA
THE WHITE HOUSE,
Washington, August 13, 2009.
Notice of August 13, 2009
Continuation of Emergency Regarding Export Control Regulations
On August 17, 2001, consistent with the authority provided to the
President under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), the President issued Executive Order 13222. In
that order, he declared a national emergency with respect to the unusual
and extraordinary threat to the national security, foreign policy, and
economy of the United States in light of the expiration of the Export
Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.).
Because the Export Administration Act has not been renewed by the
Congress, the national emergency declared on August 17, 2001, must
continue in effect beyond August 17, 2009. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency declared in Executive Order
13222.
This notice shall be published in the Federal Register and transmitted
to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
August 13, 2009.
Memorandum of August 21, 2009
Provision of Aviation Insurance Coverage for Commercial Air Carrier
Service in Domestic and International Operations
Memorandum for the Secretary of Transportation
By the authority vested in me as President by the Constitution and laws
of the United States including 49 U.S.C. 44302, et seq., I hereby:
1. Determine that continuation of U.S. flag commercial air service is
necessary in the interest of air commerce, national security, and the
foreign policy of the United States.
2. Approve provision by the Secretary of Transportation of insurance or
reinsurance to U.S. flag air carriers against loss or damage arising out
of any risk from the operation of an aircraft in the manner and to the
extent provided in Chapter 443 of 49 U.S.C., until August 31, 2010, when
he determine that such insurance or reinsurance cannot be obtained on
reasonable terms and conditions from any company authorized to conduct
an insurance business in a State of the United States.
You are directed to bring this determination immediately to the
attention of all air carriers within the meaning of 49 U.S.C. 40102 (a)
(2), and to arrange for its publication in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, August 21, 2009.
Memorandum of August 31, 2009
Designation of Officers of the United States Section, International
Boundary and Water Commission, United States and Mexico To Act as the
Commissioner of the United States Section
Memorandum for the Commissioner of the United States Section,
International Boundary and Water Commission, United States and Mexico
By the authority vested in me as President by the Constitution and laws
of the United States of America, it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2
of this memorandum, the following officials of the United States
Section, International Boundary and Water Commission, United States and
Mexico, in the order listed, shall act as and perform the functions and
duties of the office of the Commissioner of the United States Section,
International Boundary and Water Commission, United States and Mexico
(Commissioner), during any period in which the Commissioner has died,
resigned, or otherwise become unable to perform the functions and duties
of the office of Commissioner, until such time as the Commissioner is
able to perform the functions and duties of that office:
(a) United States Section Principal Engineer--Operations Department; and
(b) United States Section Principal Engineer--Engineering Department.
Sec. 2. Exceptions.
(a) No individual who is serving in an office listed in section 1 in an
acting capacity, by virtue of so serving, shall act as Commissioner
pursuant to this memorandum.
(b) Notwithstanding the provisions of this memorandum, the President
retains discretion, to the extent permitted by law, to depart from this
memorandum in designating an acting Commissioner.
Sec. 3. This memorandum is intended to improve the internal management
of the executive branch and 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.
Sec. 4. You are authorized and directed to publish this memorandum in
the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, August 31, 2009.
Presidential Determination No. 2009-25 of September 7, 2009
Eligibility of the Maldives to Receive Defense Articles and Defense
Services Under the Foreign Assistance Act of 1961, as Amended, and the
Arms Export Control Act, as Amended
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and the laws
of the United States, including section 503(a) of the Foreign Assistance
Act of 1961, as amended, and section 3(a)(1) of the Arms Export Control
Act, as amended, I hereby find that the furnishing of defense articles
and defense services to the Maldives will strengthen the security of the
United States and promote world peace.
You are authorized and directed to transmit this determination to the
Congress and to arrange for its publication in the Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, September 7, 2009.
Presidential Determination No. 2009-26 of September 7, 2009
Eligibility of the Economic Community of Central African States To
Receive Defense Articles and Defense Services Under the Foreign
Assistance Act of 1961, as Amended, and the Arms Export Control Act, as
Amended
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and the laws
of the United States, including section 503(a) of the Foreign Assistance
Act of 1961, as amended, and section 3(a)(1) of the Arms Export Control
Act, as amended, I hereby find that the furnishing of defense articles
and defense services to the Economic Community of Central African States
will strengthen the security of the United States and promote world
peace.
You are authorized and directed to transmit this determination to the
Congress and to arrange for the publication of this determination in the
Federal Register.
BARACK OBAMA
THE WHITE HOUSE,
Washington, September 7, 2009.
Notice of September 10, 2009
Continuation of the National Emergency With Respect to Certain Terrorist
Attacks
Consistent with section 202(d) of the National Emergencies Act, 50
U.S.C. 1622(d), I am continuing for 1 year the national emergency
declared on September 14, 2001, in Proclamation 7463, with respect to
the terrorist attacks of September 11, 2001, and the continuing and
immediate threat of further attacks on the United States.
Because the terrorist threat continues, the national emergency declared
on September 14, 2001, and the powers and authorities adopted to deal
with that emergency, must continue in effect beyond September 14, 2009.
Therefore, I am continuing in effect for an additional year the national
emergency the former President declared on September 14, 2001, with
respect to the terrorist threat.
This notice shall be published in the Federal Register and transmitted
to the Congress.
BARACK OBAMA
THE WHITE HOUSE,
September 10, 2009.