Weekly Compilation of Presidential Documents

Monday, January 12, 2009 Volume 45—Number 1 Pages 1–30

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Addresses and Remarks Proclamations See also Meetings With Foreign Leaders Establishment of the Marianas Trench Marine Former Presidents and the incoming National Monument—9 President, meeting—22 Establishment of the Pacific Remote Islands Marianas Trench Marine National Monument, Marine National Monument—14 Pacific Remote Islands Marine National Establishment of the Rose Atoll Marine Monument, and the Rose Atoll Marine National Monument—18 National Monument, signing proclamations to establish—5 Statements by the President Pennsylvania, No Child Left Behind Act in Philadelphia—22 Death of Father Richard John Neuhaus—27 Points of Light Institute, remarks honoring— Marianas Trench Marine National Monument, 22 Pacific Remote Islands Marine National Radio address—1 Monument, and the Rose Atoll Marine Virginia, Military Appreciation Parade in National Monument, establishment—8 Arlington—3 Senator Christopher S. ‘‘Kit’’ Bond, decision Communications to Federal Agencies not to seek reelection—27 Waiver of Reimbursement Under the United Supplementary Materials Nations Participation Act to Support the United Nations/African Union Mission in Acts approved by the President—30 Darfur, memorandum—2 Checklist of White House press releases—29 Digest of other White House Meetings With Foreign Leaders announcements—28 Sudan, First Vice President Kiir—2 Nominations submitted to the Senate—29

Like its predecessor, the Daily Compilation will contain IMPORTANT NOTICE statements, messages, and other Presidential materials released by the White House. As an FDsys web publication, the Daily The Office of the Federal Register, National Archives and Compilation will reach a much broader audience and will be Records Administration, has created a new publication to be updated frequently, as information is released by the White called the Daily Compilation of Presidential Documents. The House press office. The Daily Compilation web site will Daily Compilation will appear on the Government Printing integrate with historical Weekly Compilation files to provide Office’s new Federal Digital System (FDsys) web site January continuity and permanent public access. The new Daily 20, 2009, to coincide with the incoming President’s term of Compilation web site will be available via: office. www.presidentialdocuments.gov. The online Daily Compilation will replace the printed There will be no restriction on republication of material Weekly Compilation of Presidential Documents. appearing in the Daily Compilation.

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The President’s Radio Address helped by providing tens of millions of dol- January 2, 2009 lars in humanitarian aid, and this week we contributed an additional $85 million Good morning. Over the past week, I have through the United Nations. We have con- been monitoring the situation in the Middle sistently called on all in the region to ensure East closely with the members of my national that assistance reaches those in need. And security team. Secretary Rice is actively en- as I told President Mubarak, America appre- gaged in diplomacy. And I’ve been in contact ciates the role Egypt has played in facilitating with leaders throughout the region, including the delivery of relief supplies in recent days. the King of Saudi Arabia, the King of Jordan, In addition to reducing humanitarian suf- the President of Egypt, the President and fering, all nations must work toward a lasting Prime Minister of the Palestinian Territories, end to the violence in the Holy Land and and the Prime Minister of Israel. a return to the path of peace. The United This recent outburst of violence was insti- States is leading diplomatic efforts to achieve gated by Hamas, a Palestinian terrorist group a meaningful cease-fire that is fully re- supported by Iran and Syria that calls for spected. Another one-way cease-fire that Israel’s destruction. Eighteen months ago, leads to rocket attacks on Israel is not accept- Hamas took over the Gaza Strip in a coup, able. And promises from Hamas will not suf- and since then has imported thousands of fice; there must be monitoring mechanisms guns and rockets and mortars. Egypt bro- in place to help ensure that smuggling of kered a cease-fire between Hamas and Israel, weapons to terrorist groups in Gaza comes but Hamas routinely violated that cease-fire to an end. I urge all parties to pressure by launching rockets into Israel. On Decem- Hamas to turn away from terror and to sup- ber 19th, Hamas announced an end to the port legitimate Palestinian leaders working cease-fire and soon unleashed a barrage of for peace. rockets and mortars that deliberately tar- In the days ahead, the United States will geted innocent Israelis, an act of terror that stay closely engaged with our partners in the is opposed by the legitimate leader of the region, in Europe, and in the international Palestinian people, President Abbas. community. My administration will continue In response to these attacks on their peo- to keep the President-elect and his team in- ple, the leaders of Israel have launched mili- formed. And America’s objectives in the tary operations on Hamas positions in Gaza. Middle East will remain clear: We seek secu- As a part of their strategy, Hamas terrorists rity and peace for our allies, the free people often hide within the civilian population, of Israel. For the Palestinian people, we seek which puts innocent Palestinians at risk. Re- a peaceful and democratic Palestinian state grettably, Palestinian civilians have been that serves its citizens and respects its neigh- killed in recent days. bors. For all in the region, we seek an end The United States is deeply concerned to terror. And we seek an enduring peace about the humanitarian situation facing the based on justice, dignity, and human rights Palestinian people. Since Hamas’s violent for every person in every nation of the Mid- takeover in the summer of 2007, living condi- dle East. tions have worsened for Palestinians in Gaza. Thank you for listening. By spending its resources on rocket launch- NOTE: The address was recorded at 10 a.m. on ers instead of roads and schools, Hamas has January 2 in the Cabinet Room at the White demonstrated that it has no intention of serv- House for broadcast at 10:06 a.m. on January 3. ing the Palestinian people. America has The transcript was made available by the Office 1

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of the Press Secretary on January 2. In his address, Remarks Following a Meeting With the President referred to King Abdallah bin Abd First Vice President of Sudan and al-Aziz Al Saud of Saudi Arabia; King Abdullah II of Jordan; President Mohamed Hosni Mubarak President of Southern Sudan Salva of Egypt; President Mahmoud Abbas (Abu Kiir Mayardit Mazen) and Prime Minister Salam Fayyad of the January 5, 2009 Palestinian Authority; Prime Minister Ehud Olmert of Israel; and President-elect Barack President Bush. I’m proud to be meeting Obama. The Office of the Press Secretary also again with the Vice President of Sudan. He’s released a Spanish language transcript of this ad- a friend of mine. He is a strong leader who dress. This item was not received in time for pub- is dealing with a very difficult situation. lication in the appropriate issue. We talked about two important subjects. One is the north-south agreement in Sudan. Presidential Determination on It’s a vital agreement, and it’s going to be very important for the United States to pay Waiver of Reimbursement Under the attention to the implementation of this United Nations Participation Act to agreement. And the Vice President brought Support the United Nations/African me up to date on what has been accom- Union Mission in Darfur plished and what still remains to be accom- January 1, 2009 plished. And I thank you for, one, your clear brief- Presidential Determination No. 2009–10 ing, but also your leadership on this impor- tant issue. Memorandum for the Secretary of State And then the Vice President and I dis- Subject: Waiver of Reimbursement Under cussed Darfur. And he has taken the lead the United Nations Participation Act to in helping the rebels come together so that Support the United Nations/African Union there would be a more unified voice in nego- Mission in Darfur tiating a—hopefully, negotiating a peace with the Bashir Government. By the authority vested in me as President I informed the Vice President that I have by the Constitution and the laws of the provided a waiver to the State Department United States of America, including section so they can begin to move 240 containers 10(d)(1) of the United Nations Participation worth of heavy equipment into Darfur, and Act of 1945, as amended (22 U.S.C. 287e– that the Defense Department will be flying 2(d)(1)), I hereby determine that provision Rwanda equipment into Darfur to help facili- of assistance to the United Nations/African tate the peacekeeping missions there. Union Mission in Darfur to support the airlift So I want to thank you very much for com- of equipment for peacekeeping in Darfur ing back. It’s good to be with you. He asked without reimbursement from the United Na- me whether or not I was going to still care tions is important to the security interests of about Sudan—after all, the north-south the United States. agreement was negotiated under my watch— You are authorized and directed to report and my answer is, absolutely, Mr. Vice Presi- this determination to the Congress and to ar- dent. range for its publication in the Federal Reg- Finally, I’ve been—Secretary Rice was just ister. here, and prior to Vice President’s arrival we did talk about Gaza. I’ve been closely moni- George W. Bush toring the situation in Gaza. I understand Israel’s desire to protect itself, and that the [Filed with the Office of the Federal Register, 8:45 a.m., January 12, 2009] situation now taking place in Gaza was caused by Hamas. Instead of caring about NOTE: This memorandum was released by the Of- the people of Gaza, Hamas decided to use fice of the Press Secretary on January 5, and it Gaza to launch rockets to kill innocent will be published in the Federal Register on Janu- Israelis. And Israel has obviously decided to ary 13. protect herself and her people.

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The United States is concerned about the This peace is now in existence. And we humanitarian crisis. We care about the peo- came to thank him and the whole administra- ple of Gaza and, therefore, have provided tion and to wish him the best of his luck in millions of dollars of fresh aid to the United his private missions that he’s now going to Nations to help. take up after the assignment in the White And finally, all of us, of course, would like House. to see violence stop, but not at expense of We have also told His Excellency the an agreement that does not prevent the crisis President that the people of southern Sudan, from happening again. I know people are say- the people of the marginalized areas in the ing, let’s have that cease-fire, and those are whole Sudan, will never forget him for all noble ambitions. But any cease-fire must that he has done to them. And the people have the conditions in it so that Hamas does in Darfur, in particular, will still be looking not use Gaza as a place from which to launch forward to seeing to it that peace is brought rockets. to Darfur. It is a joint mission that we have There are many hopeful signs in the Mid- taken upon ourselves, together with them, dle East. Democracy is taking hold in parts that we have to bring peace to Darfur the of the world, in the Middle East, but the way we have brought peace to southern Hamas reminds us that there are people who Sudan. are willing to kill innocent people to stop the We have also talked issues of the LRA, advance of free societies. And the challenge that is the Lord’s Resistance Army in north- for those of us who long for peace, Mr. Vice ern Uganda, which has now shifted to Congo President, is to recognize the realities of the and southern Sudan, and how to handle it. world, recognize we’re in the midst of an ide- This is a terrorist organization that does not ological conflict, and work with the agents have any respect of human life. And we’ll of peace. have to deal with it so that they have to ac- I am still hopeful that some day there will cept the regional changes that are happening be a Palestinian state living side by side with and to be brought to—under control. Israel in peace. I believe the Palestinian Au- So this is in brief that I came to the White thority under President Abbas has got the House, to pass to His Excellency the Presi- capacity and the foresight and the vision nec- dent of the United States of America, and essary to see that become a reality. In the to keep Sudan very close to his heart. Even meantime, all of us are going to have to deal if he becomes a private citizen in this coun- with Hamas, those who threaten peace, those try, he will still have a role to play. And we who want to deny the existence of a peaceful came to pass him also our Christmas and Palestinian state. New Year’s greetings since we have not met And so I welcome you, Mr. Vice President. during the Christmas. Thank you for coming. Thank you very much. I told the Vice President his hat made me President Bush. Thank you, Mr. Vice feel very much at home. [Laughter] President. Vice President Kiir. Well, Your Excel- Thank you. lency, thank you very much once again, and we are happy to be in the White House NOTE: The President spoke at 11:10 a.m. in the today. And I discussed with the—His Excel- Oval Office at the White House. In his remarks, lency the President the issues that he has he referred to President Umar Hassan Ahmad al- raised, but mostly we came here to thank Bashir of Sudan; and President Mahmoud Abbas him and his administration for the commit- (Abu Mazen) of the Palestinian Authority. ment they have shown to the people of Sudan to bring peace and continue to monitor that peace, which ended the 21-year war. And Remarks at a Military Appreciation that peace will remain in his records, that Parade in Arlington, Virginia he was the only one who was able to continue January 6, 2009 monitoring the peace, negotiating it until it was signed. Thank you very much. At ease.

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Mr. Secretary, thank you for the kind in- cruiting centers across our country, raised troduction, and thank you for being an out- their hands to serve, and pledged to defend standing Secretary of Defense. For a while, our people and our freedom. we expected this event to be a joint retire- I saw your valor in the forces who de- ment party. It didn’t turn out that way, did ployed to Afghanistan. Within weeks of Sep- it? [Laughter] I am pleased that President- tember the 11th, you closed down the ter- elect Obama has asked you to stay on, and rorist training camps, and you drove the I am confident that you’ll continue to be a Taliban from power. I saw your valor in the strong leader as the Secretary of Defense. fearless troops who stormed across the Iraqi And, Admiral Mullen, thank you for your desert and destroyed a regime that threat- strong advice, your clear thinking, and your ened America. I saw your valor in battle-test- years of service to our country. ed warriors who signed up for a second or I want to thank you for honoring Laura, third or fourth tour and made the surge in who’s been a fabulous First Lady. The mili- Iraq one of the great successes in America’s tary gave her the Distinguished Service military history. Award; a lot of friends from Texas think she The valor of America’s Armed Forces have deserved the Purple Heart. [Laughter] I wish made our Nation safer. Because you’ve taken I’d have thought of the roses. the fight to the terrorists abroad, we have Mr. Vice President, I am proud to have not had to face them here at home. And the served with you for 8 years. The military has world has seen something that almost no one had no stauncher defender in my administra- thought possible: More than 7 years after tion than Vice President Dick Cheney. September the 11th, there has not been an- I thank members of the Cabinet, members other attack on American soil. of the administration, and former members The decisions I made as your Commander of the Cabinet, especially the former Sec- in Chief have not always been popular. But retary of Defense, who did an outstanding the cause you have served has always been job, Secretary Don Rumsfeld. just and right. The missions you have carried I thank the current members of the Joint out have always been necessary. And the Chiefs and their families, as well as the work you have done has every bit—has been former members of the Joint Chiefs and their every bit as courageous and idealistic as that families, for joining us today. I want to thank of any generation that came before you. those who wear the uniform, distinguished In the years since the war on terror began, guests. America’s Armed Forces have led the largest As my time in office winds down, the days military liberation since World War II. Be- bring a series of lasts. I made my last overseas cause of your actions, more than 50 million trip on Air Force One. I have delivered my Afghans and Iraqis have seen the chains of final college commencement as President. despotism broken and are living in the liberty And after much consideration, I pardoned that the Creator intended. The new wave of my last Thanksgiving turkey. [Laughter] freedom in the Middle East has made Amer- These have all been wonderful experiences. ica more secure at home, because it is under- But nothing compares to the honor of stand- mining the culture of tyranny that fosters ing before you today and addressing Amer- radicalism. ica’s Armed Forces as your Commander in There will become a day when your grand- Chief. children will ask, ‘‘What did you do during Over the past 8 years, I have seen the valor your time in uniform?’’ And you’ll be able of the American military time and time again. to say, ‘‘We made the military stronger. We I saw your valor on September the 11th, made the world freer. And we made America 2001, in service members rushing into more secure.’’ smoke-filled corridors to save their col- You’ll be able to tell them the story of the leagues at the Pentagon and in planes patrol- first decade in the 21st century, their early ling the skies above New York City and days of a generational struggle against terror Washington. I saw your valor in the days after and extremism. It is a story of a global coali- the attack, when Americans crowded into re- tion led by the United States that is dedicated

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to eliminating the forces of oppression and would have never tasted freedom without fear. It is the story of the Iraqi people proud- you. You have the undying love and respect ly holding up ink-stained fingers to show that of a man who has been proud to call himself the threat of violence could not break their your Commander in Chief. commitment to liberty. It is the story of Two weeks from today, Laura and I will young girls going to school in Afghanistan take our final trip back to Texas, or as you after years when educating a woman could Texans understand, back to the promised be punished with beatings or imprisonment. land. We have the honor of doing it onboard It is the story about the character in men a 747 piloted by the United States Air Force; and women who volunteered to leave the Colonel Mark Tillman will be the lead pilot. comforts of home to defend freedom and This brings a fitting symmetry: The military keep our Nation safe. brought me to Washington 8 years ago, and On behalf of the American people, I thank on January the 20th, the military is taking you for making that sacrifice. I know you me home. have not shouldered the burdens of military We will take with us many fond memories life alone. You’ve had the support of strong that we will cherish for the rest of our lives. and loving families to sustain you. And this We will always remember that you answered morning, I want all of you and your families the call to serve when your Nation needed to hear your Commander in Chief loud and you most. We will always remember that you clear: We appreciate you; we love you; and did your duty with honor and dignity. And we honor your service. we will always remember the debt of grati- We also honor our wounded warriors and tude that each of us who lives in freedom those who never returned home from the owes to each of you who has protected it. field of battle. In their sacrifices, we see one May God bless you. And may God always of the extraordinary legacies of our Armed bless the United States. Forces: the willingness to give everything to secure safety at home and liberty abroad. NOTE: The President spoke at 10:21 a.m. at Fort As the Admiral pointed out, we saw that Myer. In his remarks, he referred to George and Sally Monsoor, parents of posthumous Medal of selfless spirit in people like Petty Officer Mi- Honor recipient PO 2d Class Michael A. chael Monsoor, a Navy SEAL who served in Monsoor, USN. The transcript released by the Of- Iraq. In the fall of 2006, on a rooftop in Iraq, fice of the Press Secretary also included the re- Mike threw himself onto a grenade in order marks of Adm. Michael G. Mullen, USN, Chair- to save the lives of his teammates. As Admiral man, Joint Chiefs of Staff and Secretary of De- Mullen mentioned, I had the honor of pre- fense Robert M. Gates. senting Michael Monsoor’s parents his post- humous Medal of Honor in the White House. On that day, I saw the deep sadness Remarks on Signing Proclamations that is familiar to anyone who has lost a loved To Establish the Marianas Trench one in the line of duty. But I also saw the Marine National Monument, Pacific pride that comes with such noble sacrifice Remote Islands Marine National and the recognition that our freedom and our Monument, and the Rose Atoll security only endure because of the acts of Marine National Monument bravery like Michael Monsoor’s. January 6, 2009 That kind of courage, character, and devo- tion defines our Armed Forces. So this morn- Thank you all. Please be seated. Thank you ing, I cannot accept your kind tribute unless for coming, and happy New Year. Laura and I’m allowed to return the favor. To the men I thank all of our distinguished guests, start- and women of the Army, the Navy, the Air ing with members of my Cabinet: Secretary Force, Marine Corps, Coast Guard, and all Kempthorne, Secretary Gutierrez, Adminis- those who serve in the Department of De- trator Johnson. Admiral, thank you for com- fense: You have the respect of a grateful na- ing today; we’re proud you’re here. Mr. Sec- tion that you have kept safe. You have the retary, thank you for being here; other mem- admiration of millions around the world who bers of the administration who have joined

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us. Members of the conservation community, undersea volcanoes and thermal vents. This we’re glad you’re here. unique geological region is more than five Governor, I am proud you’re here. Thank times longer than the Grand Canyon. It is you for coming. And Josie is with you. Rep- deeper than Mount Everest is tall. It sup- resentatives from American Samoa—by the ports life in some of the harshest conditions way, Northern Mariana Islands Governor, imaginable. A fascinating array of species sur- just in case you don’t know him. [Laughter] vive amid hydrogen-emitting volcanoes, hy- We know him, and we like him. And all the drothermal vents that produce highly acidic representatives from America Samoa, really and boiling water, and the only known loca- appreciate you all coming. Apologize for the tion of liquid sulfur this side of Jupiter. weather, but I don’t apologize for the policy, Many scientists—and I want to thank the because we’re fixing to do some fabulous pol- scientists who have joined us today—believe icy. extreme conditions like these could have It’s interesting that we’re gathered a few been the first incubators of life on Earth. As steps from the office once occupied by a further research is conducted in these young Assistant Secretary of the Navy named depths, we will learn more about life at the Theodore Roosevelt. Not long after he left bottom of the sea and about the history of the position, he was back on these grounds our planet. as the 26th President of the United States. The other major features of the new And exactly a hundred years ago, he em- monument are the majestic coral reefs off barked on his final weeks as the President— the coast of the upper three islands in the something I can relate to. [Laughter] Commonwealth of the Northern Mariana Is- President Roosevelt left office with many lands. These islands, some 5,600 miles from achievements, and the most enduring of all California, are home to a striking diversity was his commitment to conservation. As he of marine life, from large predators like once said: ‘‘Of all the questions which can sharks and rays to more than 300 species of come before the Nation, short of the actual stony corals. By studying these pristine wa- preservation of its existence in a great war, ters, scientists can advance our under- there is none which compares in importance standing of tropical marine ecosystems not with leaving this land even a better land for only there but around the world. our descendants than it is for us.’’ The second new monument will be the Pa- That spirit has guided the conservation cific Remote Islands Marine National Monu- movement for a century. It’s guided my ad- ment. The monument will span seven areas ministration. Since 2001, we have put com- to the far south and west of Hawaii. One is monsense policies in place, and I can say Wake Island, the site of a pivotal battle in upon departure, our air is cleaner, our water World War II and a key habitat for nesting is purer, and our lands are better protected. seabirds and migratory shorebirds. The To build on this progress, I’m pleased to monument will also include unique trees and make several announcements today. Under grasses and birds adapted to life at the Equa- the Antiquities Act that Theodore Roosevelt tor, the rare sea turtles and whales and Ha- signed in 1906, the President can set aside waiian monk seals that visit Johnston Atoll, places of historic or scientific significance to and some of the most pristine and spectac- be protected as national monuments. With ular coral reefs in the world. These isolated the proclamations I will sign in a few mo- specks of land and abundant marine eco- ments, I am using that authority to designate systems are almost completely undisturbed three beautiful and biologically diverse areas by mankind. And as part of the Pacific Re- of the Pacific Ocean as new marine national mote Islands National Monument, they will monuments. be ideal laboratories for scientific research. The first is—will establish the Marianas The third new monument will be the Rose Trench Marine National Monument. At the Atoll Marine National Monument. Rose is a heart of this protected area will be much of diamond-shaped island to the east of Amer- the Marianas Trench—the site of the deepest ican Samoa, our Nation’s southernmost terri- point on Earth—and the surrounding arc of tory. It includes rare species of nesting

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petrels, shearwaters, and terns, which ac- conservation area in American history and count for its native name, ‘‘Island of the largest fully protected marine area in the Seabirds.’’ The waters surrounding the atoll world. And the other is Mount Vernon, the are the home of many rare species, including home of America’s first President and an ag- giant clams and reef sharks, as well as an un- ricultural pioneer—that would be George usual abundance of rose-colored corals. This Washington. I’m pleased to announce the area has long been renowned as a place of United States will soon submit a request that natural beauty. And now that it’s protected these two landmarks become UNESCO by law, it will also be a place of learning for World Heritage sites, America’s first such generations to come. submission in 15 years. Taken together, these three new national The new steps I’ve announced today are monuments cover nearly 200,000 square the capstone of an 8-year commitment to miles, and they will now receive our Nation’s strong environmental protection and con- highest level of environmental recognition servation. Look, I know that sounds contrary and conservation. This decision came after to the conventional wisdom of many in the a lot of consultation: consultation with local news media. But let me just share a few facts officials, consultation with prominent sci- about our record, and you can be the judge entists, consultation with environmental ad- for yourself. vocates, consultation with the United States Since 2001, air pollution has dropped by military and the fishing community. Based 12 percent. The strictest air quality standards on these consultations, as well as sound re- in American history are now in place, as are source management principles, the monu- strong regulations on power plant and diesel ments will prohibit resource destruction or engine emissions. More than 3.6 million extraction, waste dumping, and commercial acres of wetlands have been protected, re- fishing. They will allow for research, free pas- stored, or improved. Millions of acres of vital sage, and recreation, including the possibility of recreational fishing one day. For seabirds natural habitat have been conserved on and marine life, they will be sanctuaries to farms. More than 27 million acres of Federal grow and thrive. For scientists, they will be forest land have been protected from cata- places to extend the frontiers of discovery. strophic wildfires. The maintenance backlog And for the American people, they will be in our national parks has been reduced. More places that honor our duty to be good stew- than 11,000 abandoned industrial brown- ards of the Almighty’s creation. fields are on their way back to productive The benefits of today’s decision reach far use. We’ve had a new focus on cleaning de- beyond nature. The monuments will pre- bris from our oceans. Popular recreational serve sites of cultural and spiritual signifi- fish like the striped bass and red drum are cance to native peoples. They will ensure full gaining new protection. And new marine pro- freedom of navigation and include measures tected areas are helping improve the health to uphold training missions and other mili- of our fisheries off the southeast coast. tary operations. They will open the door to At the same time, we’ve taken aggressive new economic benefits in the territories. steps to make America’s energy supply clean- After all, if travelers now, or students or sci- er and more secure and confronted the chal- entists, book a ticket to Saipan or Pago Pago, lenge of global climate change. I signed two they will know they’re headed for a place major energy bills. We raised fuel efficiency with friendly people and a vibrant culture, standards for automobiles for the first time and some of our country’s most treasured in more than a decade. We mandated major natural resources. increases in the use of renewable fuels and This morning I’m also pleased—today I’m the efficiency of lighting and appliances. also pleased to share some news about two We dedicated more than $18 billion to de- other national treasures. One is the North- veloping clean and efficient technologies like western Hawaiian Islands Marine National biofuels, advanced batteries and hydrogen Monument, which I created in 2006. This fuel cells, solar and wind power, and clean, stunning island chain is the largest single safe nuclear power. We’re providing more

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than $40 billion in loan guarantees to put tional Maritime Organization to submit a these technologies to use. proposal for international measures to en- We forged an international agreement hance protection of the monument. On April under the Montreal Protocol mandating 4, 2008, the International Maritime Organi- major cuts in refrigerants that are some of zation adopted our proposal, and the Papa- the most potent greenhouse gases. We built hanaumokuakea Particularly Sensitive Sea international consensus on an approach that Area (PSSA) was established. will replace the Kyoto Protocol with a global On this occasion of the establishment of climate agreement that calls for meaningful the Marianas Trench Marine National commitments to reduce greenhouse gases Monument, the Pacific Remote Islands Ma- from all major economies, including China rine National Monument, and the Rose Atoll and India. Marine National Monument, I confirm that With all these steps, we have charted the the policy of the United States shall be to way toward a more promising era in environ- continue measures established in the Papa- mental stewardship. We have pioneered a hanaumokuakea Marine National Monument new model of cooperative conservation in to protect the training, readiness, and global which government and private citizens and mobility of U.S. Armed Forces, and ensure environmental advocates work together to achieve common goals. And while there’s a protection of navigation rights and high seas lot more work to be done, we have done our freedoms under the law of the sea, which part to leave behind a cleaner and healthier are essential to the peace and prosperity of and better world for those who follow us on civilized nations. this Earth. The security of America, the prosperity of And now I’d like those who have been as- its citizens, and the protection of the ocean signed the task of standing up here to join environment are complementary and rein- me as I sign the national monuments. forcing priorities. As the United States takes measures to conserve and protect the living NOTE: The President spoke at 2:08 p.m. in Room and non-living resources of the ocean, it shall 350 of the Dwight D. Eisenhower Executive Of- ensure preservation of the navigation rights fice Building. In his remarks, he referred to Vice and high seas freedoms enjoyed by all nations Adm. Conrad C. Lautenbacher, Jr., USN (Ret.), in his capacity as Administrator of the National under the law of the sea, including in par- Oceanic and Atmospheric Administration; and ticular: Gov. Benigno Fitial of the Northern Mariana Is- • The right of innocent passage in terri- lands and his wife Josie. The Office of the Press torial seas, without requirement for Secretary also released a Spanish language tran- prior notification to or permission from script of these remarks. a coastal state. • The right of transit passage for ships, submarines, and aircraft in straits used Statement on the Establishment of for international navigation; a right that the Marianas Trench Marine may not be suspended, denied, ham- National Monument, Pacific Remote pered, or impaired. Islands Marine National Monument, • The right of archipelagic sea lanes pas- and the Rose Atoll Marine National sage in designated sea lanes and air Monument routes, and passage routes normally January 6, 2009 used for international navigation in archipelagic nations. Ensuring Navigations Rights and • The exercise of high seas freedoms in Freedoms, and the Global Mobility of exclusive economic zones, including the U.S. Armed Forces in the World’s Oceans conduct of military activities, exercises, On June 15, 2006, I established the North- and surveys. western Hawaiian Islands Marine National The United States shall recognize and Monument, and on May 15, 2007, I in- apply navigation rights and freedoms under structed the U.S. delegation to the Interna- the law of the sea when establishing marine

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protected areas, just as it did in the North- are not currently covered by existing offshore western Hawaiian Islands Marine National mineral resource law, including authority and Monument and in today’s monument procla- procedures for obtaining royalties and assess- mations. The United States will exercise the ing fees and for revenue sharing, as appro- same rights and freedoms in similarly pro- priate. tected areas and waters of foreign nations. In addition, the United States, through its executive agencies, shall provide for the read- Proclamation 8335—Establishment iness, training, and global mobility of U.S. of the Marianas Trench Marine Armed Forces in its establishment of marine National Monument conservation areas. January 6, 2009 Management of Submerged Lands By the President of the United States The Commonwealth of the Northern Mar- of America iana Islands (CNMI) is the only United States territory that does not have title to the submerged lands beneath that portion of the A Proclamation United States territorial sea that is within 3 Over approximately 480 nautical miles, the miles of the coastlines of the CNMI. It is Mariana Archipelago encompasses the 14 is- appropriate that the CNMI be given the lands of the United States Commonwealth same authority as the other territories. In of the Northern Mariana Islands and the 2005, my administration supported legisla- United States Territory of Guam that sit atop tion that would have provided the CNMI the Mariana Ridge in an area known as the with such ownership, consistent with what Mariana Volcanic Arc. The Mariana Volcanic was granted to Guam, the Virgin Islands, and Arc is part of a subduction system in which American Samoa in October 1974. the Pacific Plate plunges beneath the Phil- My administration also recognizes, as was ippine Sea Plate and into the Earth’s mantle, recognized in 1974, the need to reserve Fed- creating the Mariana Trench. Six of the eral title in certain submerged lands, includ- archipelago’s islands have been volcanically ing submerged lands for use by our Nation’s active in historic times, and numerous sea- military, which is moving forces to the area mounts along the Mariana Ridge are volcan- from Okinawa, Japan. It is in the interest of ically or hydrothermically active. The Mar- the security of our Nation to reserve the nec- iana Trench is approximately 940 nautical essary areas for national defense, while also miles long and 38 nautical miles wide within ensuring the people of the CNMI have the the United States Exclusive Economic Zone benefit and enjoyment of the rights coming and contains the deepest known points in the with ownership of submerged lands out to global ocean. 3 miles. The Mariana Volcanic Arc contains objects To this end, I have asked the Secretary of scientific interest, including the largest ac- of the Interior to submit legislation that, sub- tive mud volcanoes on Earth. The Cham- ject to valid existing rights, transfers to the pagne vent, located at the Eifuku submarine CNMI the existing rights and title of the volcano, produces almost pure liquid carbon Federal Government over submerged lands dioxide. This phenomenon has only been ob- within 3 miles of the coast of the CNMI, served at one other site in the world. The consistent with that provided to Guam, the Sulfur Cauldron, a pool of liquid sulfur, is Virgin Islands, and American Samoa, and I found at the Daikoku submarine volcano. urge the Congress to promptly pass such leg- The only other known location of molten sul- islation. fur is on Io, a moon of Jupiter. Unlike other I have also directed the Department of the reefs across the Pacific, the northernmost Interior to develop legislation and proce- Mariana reefs provide unique volcanic habi- dures for the management and administra- tats that support marine biological commu- tion of recovery of mineral resources in areas nities requiring basalt. Maug Crater rep- of the Pacific, outside the monument, that resents one of only a handful of places on

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Earth where photosynthetic and chemosyn- land, the limits of which in all cases shall be thetic communities of life are known to come confined to the smallest area compatible with together. the proper care and management of the ob- The waters of the archipelago’s northern jects to be protected; islands are among the most biologically di- Whereas it is in the public interest to pre- verse in the Western Pacific and include the serve the known volcanic areas of the Mar- greatest diversity of seamount and hydro- iana Ridge, the marine environment around thermal vent life yet discovered. These vol- the islands of Farallon de Pajaros, Maug, and canic islands are ringed by coral ecosystems Asuncion in the Commonwealth of the with very high numbers of apex predators, Northern Mariana Islands, and the Mariana including large numbers of sharks. They also Trench for the care and management of the contain one of the most diverse collections scientific objects therein: of stony corals in the Western Pacific. The Now, Therefore, I, George W. Bush, northern islands and shoals in the archi- President of the United States of America, pelago have substantially higher large fish by the authority vested in me by section 2 biomass, including apex predators, than the of the Antiquities Act do proclaim that there southern islands and Guam. The waters of are hereby set apart and reserved as the Mar- Farallon de Pajaros (also known as Uracas), ianas Trench Marine National Monument Maug, and Asuncion support some of the (the ‘‘monument’’ or ‘‘marine national monu- largest biomass of reef fishes in the Mariana ment’’) for the purpose of protecting the Archipelago. These relatively pristine coral objects identified above, all lands and inter- reef ecosystems are objects of scientific inter- ests in lands owned or controlled by the Gov- est and essential to the long-term study of ernment of the United States within the tropical marine ecosystems. boundaries described below and depicted on Whereas the submerged volcanic areas of the accompanying map entitled ‘‘Marianas the Mariana Ridge, the coral reef ecosystems Trench Marine National Monument’’ at- of the waters surrounding the islands of tached to and forming a part of this procla- Farallon de Pajaros, Maug, and Asuncion in mation. The monument includes the waters the Commonwealth of the Northern Mariana and submerged lands of the three northern- Islands, and the Mariana Trench contain ob- most Mariana Islands (the ‘‘Islands Unit’’) jects of scientific interest that are situated and only the submerged lands of designated upon lands owned or controlled by the Gov- volcanic sites (the ‘‘Volcanic Unit’’) and the ernment of the United States; Mariana Trench (the ‘‘Trench Unit’’) to the Whereas the United States continues to extent described as follows: The seaward act in accordance with the balance of inter- boundaries of the Islands Unit of the monu- ests relating to traditional uses of the oceans ment extend to the lines of latitude and lon- recognizing freedom of navigation and over- gitude depicted on the accompanying map, flight and other internationally recognized which lie approximately 50 nautical miles lawful uses of the sea; from the mean low water line of Farallon Whereas the islands, waters, and airspace de Pajaros (Uracas), Maug, and Asuncion. of the Mariana Ridge are of particular impor- The inland boundary of the Islands Unit of tance to the national security of the United the monument is the mean low water line. States; The boundary of the Trench Unit of the Whereas section 2 of the Act of June 8, monument extends from the northern limit 1906 (34 Stat. 225, 16 U.S.C. 431)(the ‘‘An- of the Exclusive Economic Zone of the tiquities Act’’) authorizes the President, in his United States in the Commonwealth of the discretion, to declare by public proclamation Northern Mariana Islands to the southern historic landmarks, historic and prehistoric limit of the Exclusive Economic Zone of the structures, and other objects of historic or United States in Guam approximately fol- scientific interest that are situated upon lands lowing the points of latitude and longitude owned or controlled by the Government of identified on the accompanying map. The the United States to be national monuments, boundaries of the Volcanic Unit of the monu- and to reserve as a part thereof parcels of ment include a circle drawn with a 1 nautical

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mile radius centered on each of the volcanic and such other authorities as may be avail- features identified on the accompanying map able to implement this proclamation, to regu- and its legend. The Federal land and inter- late fisheries, and to ensure proper care and ests in land reserved consists of approxi- management of the monument. mately 95,216 square miles of submerged lands and waters of the Mariana Archipelago, Regulation of Scientific Exploration and which is the smallest area compatible with Research the proper care and management of the ob- jects to be protected. Subject to such terms and conditions as Submerged lands that by legislation are the Secretary deems necessary for the care subsequently granted by the United States and management of the objects of this monu- to the Commonwealth of the Northern Mar- ment, the Secretary of the Interior may per- iana Islands but remain controlled by the mit scientific exploration and research within United States under the Antiquities Act may the monument, including incidental appro- remain part of the monument, for coordina- priation, injury, destruction, or removal of tion of management with the Government features of this monument for scientific of the Commonwealth of the Northern Mar- study, and the Secretary of Commerce may iana Islands. Any submerged lands and inter- permit fishing within the monument for sci- ests in submerged lands within the monu- entific exploration and research purposes to ment not owned or controlled by the United the extent authorized by the Magnuson-Ste- States shall be reserved as a part of the vens Fishery Conservation and Management monument upon acquisition of title or con- Act. The prohibitions required by this procla- trol by the United States. mation shall not restrict scientific exploration or research activities by or for the Secre- Management of the Marine National taries, and nothing in this proclamation shall Monument be construed to require a permit or other The Secretaries of Commerce, through the authorization from the other Secretary for National Oceanic and Atmospheric Adminis- their respective scientific activities. tration, and the Interior, shall manage the monument pursuant to applicable legal au- Regulation of Fishing and Management of thorities and in consultation with the Sec- Fishery Resources retary of Defense. The Secretary of the Inte- Within the Islands Unit of the monument, rior shall have management responsibility for the Secretary of Commerce shall prohibit the monument, in consultation with the Sec- commercial fishing. Subject to such terms retary of Commerce, except that the Sec- and conditions as the Secretary of Commerce retary of Commerce shall have the primary deems necessary for the care and manage- management responsibility, in consultation ment of the objects of the Islands Unit, the with the Secretary of the Interior, with re- Secretary, consistent with Executive Order spect to fishery-related activities regulated 12962 of June 7, 1995, as amended, shall en- pursuant to the Magnuson-Stevens Fishery sure that sustenance, recreational, and tradi- Conservation and Management Act (16 tional indigenous fishing shall be managed U.S.C. 1801 et seq.) and any other applicable as a sustainable activity consistent with other authorities. The Secretaries of the Interior applicable law and after due consideration and Commerce shall not allow or permit any with respect to traditional indigenous fishing appropriation, injury, destruction, or removal of any determination by the Government of of any feature of this monument except as the Commonwealth of the Northern Mariana provided for by this proclamation or as other- Islands. wise provided for by law. The Secretaries of the Interior and Com- merce shall take appropriate action pursuant Monument Management Planning to their respective authorities under the An- The Secretaries of the Interior and Com- tiquities Act and the Magnuson-Stevens merce shall, within 2 years of the date of this Fishery Conservation and Management Act, proclamation, prepare management plans

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within their respective authorities and pro- 5. a process to consider requests for rec- mulgate implementing regulations that ad- reational fishing permits in certain areas of dress any further specific actions necessary the Islands Unit, based on an analysis of the for the proper care and management of the likely effects of such fishing on the marine objects identified in this proclamation. In de- ecosystems of these areas, sound professional veloping and implementing any management judgment that such fishing will not materially plans and any management rules and regula- interfere with or detract from the fulfillment tions, the Secretaries shall designate and in- of the purposes of this proclamation, and the volve as cooperating agencies the agencies extent to which such recreational fishing shall with jurisdiction or special expertise, includ- be managed as a sustainable activity consis- ing the Department of Defense, the Depart- tent with Executive Order 12962, as amend- ment of State, and other agencies through ed, and other applicable law; and scoping in accordance with the National En- 6. programs for monitoring and enforce- vironmental Policy Act (42 U.S.C. 4321 et ment necessary to ensure that scientific ex- seq.), its implementing regulations and with ploration and research, tourism, and recrea- Executive Order 13352 of August 26, 2004, tional and commercial activities do not de- Facilitation of Cooperative Conservation, grade the monument’s coral reef ecosystem and shall treat as a cooperating agency the or related marine resources or species or di- Government of the Commonwealth of the minish the monument’s natural character. Northern Mariana Islands, consistent with The management plans and their imple- these authorities. The monument manage- menting regulations shall impose no restric- ment plans shall ensure that the monument tions on innocent passage in the territorial will be administered in accordance with this sea or otherwise restrict navigation, over- proclamation, and shall, as appropriate to flight, and other internationally recognized their respective authorities, provide for: lawful uses of the sea, and shall incorporate the provisions of this proclamation regarding 1. management of the Islands Unit of the Armed Forces actions and compliance with monument, in consultation with the Govern- international law. ment of the Commonwealth of the Northern This proclamation shall be applied in ac- Mariana Islands, including designation of cordance with international law. No restric- specific roles and responsibilities and the tions shall apply to or be enforced against means of consultation on management deci- a person who is not a citizen, national, or sions as appropriate, without affecting the resident alien of the United States (including respective authorities or jurisdictions of the foreign flag vessels) unless in accordance Commonwealth of the Northern Mariana Is- with international law. lands or the Secretaries of the Interior or of Nothing in this proclamation shall be Commerce; deemed to diminish or enlarge the jurisdic- 2. public education programs and public tion of the Commonwealth of the Northern outreach regarding the coral reef ecosystem Mariana Islands. and related marine resources and species of the monument and efforts to conserve them; Advisory Council 3. traditional access by indigenous persons, The Secretaries of the Interior and Com- as identified by the Secretaries in consulta- merce, within 3 months of the date of this tion with the Government of the Common- proclamation and after considering rec- wealth of the Northern Mariana Islands, for ommendations from the Governor of the culturally significant subsistence, cultural and Commonwealth of the Northern Mariana Is- religious uses within the monument; lands, the Secretary of Defense, and the Sec- 4. a program to assess and promote monu- retary of Homeland Security, shall establish ment-related scientific exploration and re- the Mariana Monument Advisory Council to search, tourism, and recreational and eco- provide advice and recommendations on the nomic activities and opportunities in the development of management plans and man- Commonwealth of the Northern Mariana Is- agement of the monument. The Advisory lands; Council shall consist of three officials of the

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Government of the Commonwealth of the Coast Guard, the cognizant component shall Northern Mariana Islands and one rep- promptly coordinate with the Secretary of resentative each from the Department of the Interior or Commerce, as appropriate, Defense and the United States Coast Guard. for the purpose of taking appropriate actions Members of the Advisory Council will be to respond to and mitigate any actual harm appointed for a term of 3 years by the Secre- and, if possible, restore or replace the monu- taries of the Interior and Commerce after ment resource or quality. nomination by the head of the pertinent ex- 4. Nothing in this proclamation or any reg- ecutive branch agency or, with respect to the ulation implementing it shall limit or other- officials of the Government of the Common- wise affect the Armed Forces’ discretion to wealth of the Northern Mariana Islands, by use, maintain, improve, manage, or control the Governor of the Commonwealth of the any property under the administrative con- Northern Mariana Islands. The Advisory trol of a Military Department or otherwise Council will adopt such procedures as it limit the availability of such property for mili- deems necessary to govern its activities. Each tary mission purposes. participating agency shall be responsible for This proclamation is not intended to, and the expenses of its representative and the does not, create any right or benefit, sub- Departments of the Interior and Commerce stantive or procedural, enforceable at law or shall be equally responsible for the costs of in equity, by any party against the United the Advisory Council. States, its agencies, instrumentalities, or enti- ties, its officers, employees, agents, or any Emergencies, National Security, and Law other person. Enforcement Activities All Federal lands and interests in lands 1. The prohibitions required by this proc- within the boundaries of this monument are lamation shall not apply to activities nec- hereby withdrawn from all forms of entry, essary to respond to emergencies threatening location, selection, sale, or leasing or other life, property, or the environment, or to ac- disposition under the public land laws, to the tivities necessary for national security or law extent that those laws apply. enforcement purposes. The establishment of this monument is 2. Nothing in this proclamation shall limit subject to valid existing rights. agency actions to respond to emergencies Nothing in this proclamation shall be posing an unacceptable threat to human deemed to revoke any existing withdrawal, health or safety or to the marine environment reservation, or appropriation; however, the and admitting of no other feasible solution. national monument shall be dominant over any other existing Federal withdrawal, res- Armed Forces Actions ervation, or appropriation. 1. The prohibitions required by this proc- Warning is hereby given to all unauthor- lamation shall not apply to activities and exer- ized persons not to appropriate, excavate, in- cises of the Armed Forces (including those jure, destroy, or remove any feature of this carried out by the United States Coast monument and not to locate or settle upon Guard). any lands thereof. 2. The Armed Forces shall ensure, by the In Witness Whereof, I have hereunto set adoption of appropriate measures not impair- my hand this sixth day of January, in the year ing operations or operational capabilities, of our Lord two thousand nine, and of the that its vessels and aircraft act in a manner Independence of the United States of Amer- consistent, so far as is reasonable and prac- ica the two hundred and thirty-third. ticable, with this proclamation. George W. Bush 3. In the event of threatened or actual de- struction of, loss of, or injury to a monument [Filed with the Office of the Federal Register, living marine resource resulting from an inci- 8:45 a.m., January 9, 2009] dent, including but not limited to spills and groundings, caused by a component of the NOTE: This proclamation and its annex were pub- Department of Defense or the United States lished in the Federal Register on January 12.

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Proclamation 8336—Establishment Baker, Howland, and Jarvis Islands were of the Pacific Remote Islands Marine first formed as fringing reefs around islands National Monument formed by Cretaceous-era volcanoes (ap- January 6, 2009 proximately 120–75 million years ago). As the volcanoes subsided, the coral reefs grew up- By the President of the United States ward, maintaining proximity to the sea sur- of America face. These low coral islands consist of coral rock, shells, and sand that support trees, A Proclamation shrubs, and grasses adapted to the arid cli- The Pacific Remote Islands area consists mate at the equator. All three are surrounded of Wake, Baker, Howland, and Jarvis Islands, by shallow coral reefs to depths of 100 me- Johnston Atoll, Kingman Reef, and Palmyra ters, below which the reef slope descends Atoll, which lie to the south and west of Ha- steeply to great depths. Deep coral forests waii. With the exception of Wake Island, occur below photic zones of all three islands these islands are administered as National at depths below 200 meters, especially at Jar- Wildlife Refuges by the United States Fish vis where surveys have revealed living colo- and Wildlife Service of the Department of the Interior. These refuges are an important nies of precious and ancient gold coral up part of the most widespread collection of to 5,000 years old. marine- and terrestrial-life protected areas The waters surrounding Baker, Howland, on the planet under a single country’s juris- and Jarvis Islands have fish biomass double diction. They sustain many endemic species that of the Papahanaumokuakea Marine Na- including corals, fish, shellfish, marine mam- tional Monument, and 16 times that of the mals, seabirds, water birds, land birds, in- main Hawaiian Islands, due to the Equatorial sects, and vegetation not found elsewhere. Undercurrent that moves from west to east Wake Island, to the west of Honolulu, Ha- along the equator, creating localized nutri- waii, is the northernmost atoll in the Marshall ent-rich upwellings in shallows next to the Islands geological ridge and perhaps the old- islands. These are three of only six islands est living atoll in the world. Though it was in the entire Pacific Ocean where this phe- substantially modified by the United States nomenon is possible. These islands are high to create a military base before and after in coral cover and biodiversity and are pred- World War II, its major habitats are the three ator-dominated systems. Their biomass of low coral islands consisting of shells, coral top predators exceeds that of the Great Bar- skeletons, and sand, supporting atoll vegeta- rier Reef or Kenyan Marine Protected Areas. tion adapted to arid climate. Wake Island The islands now host about a dozen nesting supports 12 species of resident nesting sea- birds and 6 species of migratory shorebirds, bird species including several nesting and mi- including 2 species of tropicbirds, 3 species gratory bird species that are of conservation of boobies, Great Frigatebird, Sooty Tern, significance. Jarvis alone has nearly 3 million Brown Noddy, and Wedge-tailed Shear- pairs of Sooty Terns. There are about 300 water. Black-footed Albatross and Laysan Al- fish species found off the islands. Giant clams batross recently recolonized Wake Island, (Tridacna), Napoleon wrasses, and Bump- making it one of the few northern albatross head parrotfish are common, and sharks of colonies outside the Hawaiian archipelago. many species are especially abundant at Jar- Shallow coral reefs thrive around the pe- vis and commonly larger there than else- rimeter of Wake Island. Fish populations are where. Endangered hawksbill turtle and abundant and support at least 323 species, threatened green turtles forage in nearshore including large populations of the Napoleon waters. All three islands afford unique oppor- wrasse (Chelinus), sharks of several species, tunities to conduct climate change research and large schools of the Bumphead parrotfish at the equator, far from population centers. (Bolbometapon), all of which are globally de- The coral skeletons there have recorded the pleted. Beyond the shallow reefs, the outer earth’s climatic history for many millions of reef slope descends sharply to great depths. years.

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Johnston Atoll, the northernmost island in manner but is considered an atoll reef be- the island chain, is an ancient atoll and prob- cause it lacks permanent fast land areas or ably one of the oldest in the Pacific Ocean. islands. Kingman Reef contains a sheltered Unlike most atolls, it does not have a sur- lagoon that served as a way station for flying rounding barrier reef but has a semicircular boats on Hawaii-to-American Samoa flights emergent reef around the north and western during the late 1930s. There are no terrestrial margins of the island. Four major habitats plants on the reef, which is frequently awash, characterize Johnston: low-lying islets con- but it does support abundant and diverse ma- sisting of the remains of corals and shells, rine fauna and flora. Palmyra Atoll is man- shallow coral reefs to depths of 150 meters, aged by the United States Fish and Wildlife deeper reefs to depths of 1,000 meters or Service as a wildlife refuge. In 2001, the Sec- more, and the slope of the ancient volcano retary of the Interior established National on which the island rests. Wildlife Refuges at Palmyra Atoll and King- Johnston is a genetic and larval stepping man Reef. stone from the Remote Islands to the Hawai- Palmyra Atoll and Kingman Reef are ian Islands for invertebrates, other reef known to be among the most pristine coral fauna, corals, and dolphins. Despite its isola- reefs in the world, with a fully structured in- tion, Johnston supports thriving communities verted food web. Kingman Reef is the most of Table corals (Acropora) and a total of 45 pristine of any reef under U.S. jurisdiction. coral species, including a dozen species con- They are ideal laboratories for assessing ef- fined to the Hawaiian and northern Line Is- fects of climate change without the difficulty lands. Some 300 species of reef fish are at of filtering anthropogenic impacts. Both Pal- Johnston, including the endemic Nahacky’s myra Atoll and Kingman Reef support higher pygmy angelfish. Many threatened, endan- levels of coral and other cnidarian species di- gered, and depleted species thrive there, in- versity (180–190 species) than any other atoll cluding the green turtle, hawksbill turtle, or reef island in the central Pacific, twice as pearl oyster, giant clams, reef sharks, many as are found in Hawaii or Florida. Pal- groupers, humphead wrasse, bumphead myra atoll has one of the best remaining ex- parrotfish, whales, and dolphins. Endangered amples of Pisonia grandis forest found in the Hawaiian Monk Seals occasionally visit the Pacific region. This forest type has been lost atoll. Deep diving submersible surveys have or severely degraded over much of its range revealed that Johnston supports the deepest due to increased human population and de- reef building corals (Leptoseris) on record velopment. Fish species diversity at Palmyra and large populations of hydrozoan corals (418 species) is higher than, while that of (Millepora, Distichopora, Staylaster). Land Kingman (297 species) is comparable to, that areas support large populations of migratory of the other remote Pacific refuges. Many shorebirds and resident seabird species, in- threatened, endangered, and depleted spe- cluding populations of regional, national, or cies thrive there, including the green and international significance: Wedge-tailed hawksbill turtle, pearl oyster, giant clams (the Shearwaters, Christmas Shearwaters, Red- highest concentration in the Pacific Remote tailed Tropicbirds, Brown Boobies, Great Island Area), reef sharks, Coconut crabs, Frigatebirds, Gray-backed Terns, and White groupers, humphead and Napoleon wrasse, Terns. Approximately 200 threatened Green bumphead parrotfish, and dolphins. Signifi- turtles forage at Johnston. The surrounding cant numbers of threatened green turtles for- waters are used by six depleted or endan- age at both atolls, especially at Palmyra; en- gered listed cetacean species: Sperm, Blue, dangered Hawksbill sea turtles forage at both Sei, Humpback, and North Pacific Right atolls. Large schools of rare Melon-headed whales. Spinner dolphins are abundant, and whales reside off both atolls. A possibly new endangered Humpback whales may calve species of beaked whale was recently de- there. scribed from 2 specimens stranded at Pal- Palmyra Atoll is a classic Darwinian atoll myra and 1 at Christmas Island. Palmyra sup- that formed atop a sinking Cretaceous-era ports 11 nesting seabird species including the volcano. Kingman Reef formed in the same third-largest Red-footed Booby colony in the

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world. Large numbers of Bristle-thighed mote Islands Marine National Monument’’ Curlews, a migratory shorebird of conserva- attached to and forming a part of this procla- tion significance, winter at Palmyra. mation. The monument includes the waters Whereas Wake, Baker, Howland, and Jar- and submerged and emergent lands of the vis Islands, Johnston Atoll, Kingman Reef, Pacific Remote Islands to the lines of latitude and Palmyra Atoll and their surrounding wa- and longitude depicted on the accompanying ters contain objects of historic or scientific maps, which lie approximately 50 nautical interest that are situated upon lands owned miles from the mean low water lines of or controlled by the Government of the Wake, Baker, Howland, and Jarvis Islands, United States; Johnston Atoll, Kingman Reef, and Palmyra Whereas the Department of Defense has Atoll. The Federal land and interests in land historically maintained facilities, defensive reserved consists of approximately 86,888 areas, and airspace reservations at Wake Is- square miles, which is the smallest area com- land and Johnston Atoll; patible with the proper care and manage- Whereas the United States continues to ment of the objects to be protected. act in accordance with the balance of inter- All Federal lands and interests in lands ests relating to traditional uses of the oceans within the boundaries of this monument are recognizing freedom of navigation and over- hereby withdrawn from all forms of entry, flight and other internationally recognized location, selection, sale, leasing, or other dis- lawful uses of the sea; position under the public land laws to the Whereas section 2 of the Act of June 8, extent that those laws apply. Lands and inter- 1906 (34 Stat. 225, 16 U.S.C. 431)(the ‘‘An- ests in lands within the monument not owned tiquities Act’’) authorizes the President, in his or controlled by the United States shall be discretion, to declare by public proclamation reserved as a part of the monument upon historic landmarks, historic and prehistoric acquisition of title or control by the United structures, and other objects of historic or States. scientific interest that are situated upon lands owned or controlled by the Government of Management of the Marine National the United States to be national monuments, Monument and to reserve as a part thereof parcels of The Secretary of the Interior, in consulta- land, the limits of which in all cases shall be tion with the Secretary of Commerce, shall confined to the smallest area compatible with have responsibility for management of the the proper care and management of the ob- monument, including out to 12 nautical miles jects to be protected; from the mean low water lines of Wake, Whereas it is in the public interest to pre- Baker, Howland, and Jarvis Islands, Johnston serve the marine environment around the is- Atoll, Kingman Reef, and Palmyra Atoll, pur- lands of Wake, Baker, Howland, and Jarvis suant to applicable legal authorities. How- Islands, Johnston Atoll, Kingman Reef, and ever, the Secretary of Defense shall continue Palmyra Atoll for the care and management to manage Wake Island, according to the of the historic and scientific objects therein: terms and conditions of an Agreement be- Now, Therefore, I, George W. Bush, tween the Secretary of the Interior and Sec- President of the United States of America, retary of the Air Force, unless and until such by the authority vested in me by section 2 Agreement is terminated. The Secretary of of the Antiquities Act, do proclaim that there Commerce, through the National Oceanic are hereby set apart and reserved as the Pa- and Atmospheric Administration, and in con- cific Remote Islands Marine National Monu- sultation with the Secretary of the Interior, ment (the ‘‘monument’’ or ‘‘marine national shall have primary responsibility for manage- monument’’) for the purpose of protecting ment of the monument seaward of the area the objects identified above, all lands and in- 12 nautical miles of the mean low water lines terests in lands owned or controlled by the of Wake, Baker, Howland, and Jarvis Islands, Government of the United States within the Johnston Atoll, Kingman Reef, and Palmyra boundaries described below and depicted on Atoll, with respect to fishery-related activities the accompanying maps entitled ‘‘Pacific Re- regulated pursuant to the Magnuson-Stevens

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Fishery Conservation and Management Act National Wildlife Refuge. The Secretary shall (16 U.S.C. 1801 et seq.) and any other appli- provide a process to ensure that recreational cable legal authorities. The Secretaries of fishing shall be managed as a sustainable ac- Commerce and the Interior shall not allow tivity in certain areas of the monument, con- or permit any appropriation, injury, destruc- sistent with Executive Order 12962 of June tion, or removal of any feature of this monu- 7, 1995, as amended, and other applicable ment except as provided for by this procla- law. mation and shall prohibit commercial fishing within boundaries of the monument. Monument Management Planning The Secretaries of the Interior and of Commerce shall take appropriate action pur- The Secretaries of the Interior and Com- suant to their respective authorities under merce shall, within 2 years of the date of this the Antiquities Act and the Magnuson-Ste- proclamation, prepare management plans vens Fishery Conservation and Management within their respective authorities and pro- Act, and such other authorities as may be mulgate implementing regulations that ad- available to implement this proclamation, to dress any further specific actions necessary regulate fisheries, and to ensure proper care for the proper care and management of the and management of the monument. objects identified in this proclamation at Baker, Howland, and Jarvis Islands, Kingman Regulation of Scientific Exploration and Reef, and Palmyra Atoll. The Secretaries Research shall revise and update the management Subject to such terms and conditions as plans as necessary. The Secretary of the Inte- the respective Secretary deems necessary for rior shall revise the management plan to in- the care and management of the objects of corporate measures for the management of this monument, the Secretary of the Interior Johnston Atoll within 2 years of the date that may permit scientific exploration and re- the Department of Defense terminates its search within the monument, including inci- use of Johnston Atoll. If the Secretary of the dental appropriation, injury, destruction, or Air Force terminates the Agreement regard- removal of features of this monument for sci- ing its use of Wake Island, the Secretary of entific study, and the Secretary of Commerce the Interior shall revise the management may permit fishing within the monument for plan to incorporate Wake Island manage- scientific exploration and research purposes ment within 2 years of the date that the Air to the extent authorized by the Magnuson- Force terminates its use of Wake Island. In Stevens Fishery Conservation and Manage- developing and implementing any manage- ment Act. The prohibitions required by this ment plans and any management rules and proclamation shall not restrict scientific ex- regulations, the Secretaries shall consult and ploration or research activities by or for the designate and involve as cooperating agen- Secretaries, and nothing in this proclamation cies the agencies with jurisdiction or special shall be construed to require a permit or expertise, including the Department of De- other authorization from the other Secretary fense, in accordance with the National Envi- for their respective scientific activities. ronmental Policy Act (42 U.S.C. 4321 et seq.), its implementing regulations, and with Regulation of Fishing and Management of Executive Order 13352, of August 26, 2004, Fishery Resources Facilitation of Cooperative Conservation. The respective Secretaries may permit The management plans and their imple- noncommercial fishing upon request, at spe- menting regulations shall impose no restric- cific locations in accordance with this procla- tions on innocent passage in the territorial mation. Noncommercial fishing opportuni- sea or otherwise restrict navigation and over- ties currently allowed by the U.S. Fish and flight and other internationally recognized Wildlife Service at Palmyra Atoll may con- lawful uses of the sea in the monument and tinue unless the Secretary of the Interior de- shall incorporate the provisions of this proc- termines such fishing would not be compat- lamation regarding Armed Forces actions ible with the purposes of the Palmyra Atoll and compliance with international law.

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This proclamation shall be applied in ac- limit the availability of such property for mili- cordance with international law. No restric- tary mission purposes, including, but not lim- tions shall apply to or be enforced against ited to, defensive areas and airspace reserva- a person who is not a citizen, national, or tions. resident alien of the United States (including The establishment of this monument is foreign flag vessels) unless in accordance subject to valid existing rights. with international law. This proclamation is not intended to, and does not, create any right or benefit, sub- Emergencies, National Security, and Law stantive or procedural, enforceable at law or Enforcement Activities in equity, by any party against the United 1. The prohibitions required by this proc- States, its agencies, instrumentalities, or enti- lamation shall not apply to activities nec- ties, its officers, employees, agents, or any essary to respond to emergencies threatening other person. life, property, or the environment, or to ac- Nothing in this proclamation shall be tivities necessary for national security or law deemed to revoke any existing withdrawal, enforcement purposes. reservation, or appropriation; however, the 2. Nothing in this proclamation shall limit national monument shall be dominant over agency actions to respond to emergencies any other existing federal withdrawal, res- posing an unacceptable threat to human ervation, or appropriation. health or safety or to the marine environment Warning is hereby given to all unauthor- and admitting of no other feasible solution. ized persons not to appropriate, excavate, in- jure, destroy, or remove any feature of this Armed Forces Actions monument and not to locate or settle upon 1. The prohibitions required by this proc- any lands thereof. lamation shall not apply to activities and exer- In Witness Whereof, I have hereunto set cises of the Armed Forces (including those my hand this sixth day of January, in the year carried out by the United States Coast of our Lord two thousand nine, and of the Guard). Independence of the United States of Amer- 2. The Armed Forces shall ensure, by the ica the two hundred and thirty-third. adoption of appropriate measures not impair- George W. Bush ing operations or operational capabilities, that its vessels and aircraft act in a manner [Filed with the Office of the Federal Register, consistent, so far as is reasonable and prac- 8:45 a.m., January 9, 2009] ticable, with this proclamation. NOTE: This proclamation and its annex were pub- 3. In the event of threatened or actual de- lished in the Federal Register on January 12. struction of, loss of, or injury to a monument resource or quality resulting from an inci- dent, including but not limited to spills and Proclamation 8337—Establishment groundings, caused by a component of the of the Rose Atoll Marine National Department of Defense or the United States Monument Coast Guard, the cognizant component shall January 6, 2009 promptly coordinate with the Secretary of the Interior or Commerce, as appropriate, By the President of the United States for the purpose of taking appropriate actions of America to respond to and mitigate any actual harm and, if possible, restore or replace the monu- A Proclamation ment resource or quality. In the Pacific Ocean approximately 130 4. Nothing in this proclamation or any reg- nautical miles east-southeast of Pago Pago ulation implementing it shall limit or other- Harbor, American Samoa, lies Rose Atoll— wise affect the Armed Forces’ discretion to the easternmost Samoan island and the use, maintain, improve, manage, or control southernmost point of the United States. any property under the administrative con- This small atoll, which includes the Rose trol of a Military Department or otherwise Atoll National Wildlife Refuge with about 20

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acres of land and 1,600 acres of lagoon, re- giant clam, were used for cultural celebra- mains one of the most pristine atolls in the tions and events. Few relatively undisturbed world. The lands, submerged lands, waters, islands remain in the world and Rose Atoll and marine environment around Rose Atoll is one of the last remaining refuges for the support a dynamic reef ecosystem that is seabird and turtle species of the Central Pa- home to a very diverse assemblage of terres- cific. Threatened Pisonia atoll forest trees are trial and marine species, many of which are also found at Rose Atoll. threatened or endangered. Whereas the lands, submerged lands, and One of the most striking features of Rose waters of and marine environment around Atoll is the pink hue of fringing reef caused Rose Atoll contain objects of historic or sci- by the dominance of coralline algae, which entific interest that are situated upon lands is the primary reef-building species. Though owned or controlled by the Government of there are roughly 100 species of stony corals, the United States; the shallow reefs are dominated by crustose Whereas the United States continues to coralline algae, making them distinctive and act in accordance with the balance of inter- quite different from those found at other Sa- ests relating to traditional uses of the oceans moan islands. The marine area provides iso- recognizing freedom of navigation and over- lated, unmolested nesting grounds for green flight and other internationally recognized and hawksbill turtles and has the largest lawful uses of the sea; number of nesting turtles in American Whereas section 2 of the Act of June 8, Samoa. Its waters are frequented by numer- 1906 (34 Stat. 225, 16 U.S.C. 431) (the ‘‘An- ous large predators: whitetip reef sharks, tiquities Act’’) authorizes the President, in his blacktip reef sharks, gray reef sharks, snap- discretion, to declare by public proclamation pers, jacks, groupers, and barracudas. Spe- historic landmarks, historic and prehistoric cies that have faced depletion elsewhere, structures, and other objects of historic or some of which have declined worldwide by scientific interest that are situated upon lands as much as 98 percent, are found in abun- owned or controlled by the Government of dance at Rose Atoll, including giant clams, the United States to be national monuments, Maori wrasse, large parrotfishes, and black- and to reserve as a part thereof parcels of tip, whitetip, and gray reef sharks. Hump- land, the limits of which in all cases shall be back whales, pilot whales, and the porpoise confined to the smallest area compatible with genus Stenella have all been spotted at Rose the proper care and management of the ob- Atoll. There are 272 species of reef fish, with jects to be protected; seven species first described by scientists at Whereas it is in the public interest to pre- Rose and dozens more new species discov- serve the lands, submerged lands and waters ered on the first deep water dive to 200 me- of, and marine environment around Rose ters. Recent submersible dives around Rose Atoll as necessary for the care and manage- Atoll have revealed abundant marine life, ment of the historic and scientific objects deep sea coral forests, and several new fish therein: and invertebrate species. Now, Therefore, I, George W. Bush, Rose Atoll supports most of the seabird President of the United States of America, population of American Samoa, including 12 by the authority vested in me by section 2 federally protected migratory seabirds, five of the Antiquities Act, do proclaim that there species of federally protected shorebirds, and are hereby set apart and reserved as the Rose a migrant forest bird, the long-tailed cuckoo. Atoll Marine National Monument (the Rare species of nesting petrels, shearwaters, ‘‘monument’’ or ‘‘marine national monu- and terns are thriving at Rose Atoll and in- ment’’) for the purpose of protecting the ob- creasing in number. The atoll is known to jects described in the above preceding para- Samoans, who have periodically visited over graphs, all lands and interests in lands owned the past millennium, as ‘‘Nu’u O Manu’’ or controlled by the Government of the (‘‘Village of seabirds’’). It is believed that United States within the boundaries that lie Polynesians have harvested at Rose Atoll for approximately 50 nautical miles from the millennia and several species, such as the mean low water line of Rose Atoll as depicted

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on the accompanying map entitled ‘‘Rose ing regulations and with Executive Order Atoll Marine National Monument’’ attached 13352 of August 26, 2004, Facilitation of Co- to and forming a part of this proclamation. operative Conservation, and shall treat as a The Federal land and interests in land re- cooperating agency the Government of served consists of approximately 13,451 American Samoa, consistent with these au- square miles of emergent and submerged thorities. lands and waters of and around Rose Atoll The Secretary of the Interior shall con- in American Samoa, which is the smallest tinue to manage the Rose Atoll National area compatible with the proper care and Wildlife Refuge consistent with the protec- management of the objects to be protected. tion of the objects identified in this procla- All Federal lands and interests in lands mation. The Secretary of the Interior shall, within the boundaries of this monument are in developing any management plans and any hereby withdrawn from all forms of entry, management rules and regulations governing location, selection, sale, or leasing or other the Rose Atoll National Wildlife Refuge, disposition under the public land laws to the comply with the National Environmental extent that those laws apply. Policy Act and consult with the Secretary of Commerce. Management of the Marine National For the purposes of protecting the objects Monument identified above, the Secretaries of the Inte- The Secretary of the Interior shall have rior and Commerce, respectively, shall not management responsibility for the monu- allow or permit any appropriation, injury, de- ment, including Rose Atoll National Wildlife struction, or removal of any feature of this Refuge, in consultation with the Secretary of monument except as provided for by this Commerce, except that the Secretary of proclamation or as otherwise provided for by Commerce, through the National Oceanic law. and Atmospheric Administration, shall have the primary management responsibility re- Regulation of Scientific Exploration and garding the management of the marine areas Research of the monument seaward of mean low Subject to such terms and conditions as water, with respect to fishery-related activi- the Secretaries deem necessary for the care ties regulated pursuant to the Magnuson-Ste- and management of the objects of this monu- vens Fishery Conservation and Management ment, the Secretary of the Interior may per- Act (16 U.S.C. 1801 et seq.), and any other mit scientific exploration and research within applicable authorities. The Secretary of the monument, including incidental appro- Commerce shall initiate the process to add priation, injury, destruction, or removal of the marine areas of the monument to the features of this monument for scientific Fagatele Bay National Marine Sanctuary in study, and the Secretary of Commerce may accordance with the National Marine Sanc- permit fishing within the monument for sci- tuaries Act (16 U.S.C. 1431 et seq.), including entific exploration and research purposes to its provision for consultation with an advisory the extent authorized by the Magnuson-Ste- council, to further the protection of the ob- vens Fishery Conservation and Management jects identified in this proclamation. In devel- Act. The prohibitions required by this procla- oping and implementing any management mation shall not restrict scientific exploration plans and any management rules and regula- or research activities by or for the Secre- tions, the Secretary of Commerce shall con- taries, and nothing in this proclamation shall sult with the Secretary of the Interior and be construed to require a permit or other shall designate and involve as cooperating authorization from the other Secretary for agencies the agencies with jurisdiction or their respective scientific activities. special expertise, including the Department of State, the Department of Defense, and Regulation of Fishing and Management of other agencies through scoping in accord- Fishery Resources ance with the National Environmental Policy The Secretaries shall prohibit commercial Act (42 U.S.C. 4321 et seq.), its implement- fishing within the monument. Subject to such

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terms and conditions as the Secretaries deem health or safety or to the marine environment necessary for the care and management of and admitting of no other feasible solution. the objects of this monument, the Secretaries may permit noncommercial and sustenance Armed Forces Actions fishing or, after consultation with the Gov- ernment of American Samoa, traditional in- 1. The prohibitions required by this proc- digenous fishing within the monument. The lamation shall not apply to activities and exer- Secretaries of the Interior and Commerce, cises of the Armed Forces (including those respectively, in consultation with the Govern- carried out by the United States Coast ment of American Samoa, shall provide for Guard). a process to ensure that recreational fishing 2. The Armed Forces shall ensure, by the shall be managed as a sustainable activity adoption of appropriate measures not impair- consistent with Executive Order 12962 of ing operations or operational capabilities, June 7, 1995, as amended, and other applica- that its vessels and aircraft act in a manner ble law. consistent, so far as is reasonable and prac- This proclamation shall be applied in ac- ticable, with this proclamation. cordance with international law. No restric- 3. In the event of threatened or actual de- tions shall apply to or be enforced against struction of, loss of, or injury to a monument a person who is not a citizen, national, or living marine resource resulting from an inci- resident alien of the United States (including dent, including but not limited to spills and foreign flag vessels) unless in accordance groundings, caused by a component of the with international law. The management plan Department of Defense or the United States and implementing regulations shall impose Coast Guard, the cognizant component shall no restrictions on innocent passage in the ter- promptly coordinate with the Secretary of ritorial sea or otherwise restrict navigation the Interior or Commerce, as appropriate for and overflight and other internationally rec- the purpose of taking appropriate actions to ognized lawful uses of the sea in the monu- respond to and mitigate any actual harm and, ment and shall incorporate the provisions of if possible, restore or replace the monument this proclamation regarding Armed Forces resource or quality. actions and compliance with international 4. Nothing in this proclamation or any reg- law. ulation implementing it shall limit or other- Nothing in this proclamation shall be wise affect the Armed Forces’ discretion to deemed to diminish or enlarge the jurisdic- use, maintain, improve, manage, or control tion of the Government of American Samoa. any property under the administrative con- The Secretaries of the Interior and Com- trol of a Military Department or otherwise merce shall, in developing any management limit the availability of such property for mili- plans and any management rules and regula- tary mission purposes. tions governing the marine areas of the The establishment of this monument is monument, as described above, consult with subject to valid existing rights. the Government of American Samoa. This proclamation is not intended to, and does not, create any right or benefit, sub- Emergencies, National Security, and Law stantive or procedural, enforceable at law or Enforcement Activities in equity, by any party against the United 1. The prohibitions required by this proc- States, its agencies, instrumentalities, or enti- lamation shall not apply to activities nec- ties, its officers, employees, or agents, or any essary to respond to emergencies threatening other person. life, property, or the environment, or to ac- Nothing in this proclamation shall be tivities necessary for national security or law deemed to revoke any existing withdrawal, enforcement purposes. reservation, or appropriation; however, the 2. Nothing in this proclamation shall limit national monument shall be dominant over agency actions to respond to emergencies any other existing Federal withdrawal, res- posing an unacceptable threat to human ervation, or appropriation.

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Warning is hereby given to all unauthor- I welcome you to the White House. I hope ized persons not to appropriate, excavate, in- you take advantage of the reception that we jure, destroy, or remove any feature of this have after these seven short speeches. And monument and not to locate or settle upon I want to thank you for your compassion. any lands thereof. The strength of America is not our mili- In Witness Whereof, I have hereunto set tary, it’s not our wallet; it is—lies in the my hand this sixth day of January, in the year hearts and souls of our citizens, those who of our Lord two thousand nine, and of the hear the universal call to love a neighbor just Independence of the United States of Amer- like they’d like to be loved themselves. ica the two hundred and thirty-third. And so, for those of you who are rallying George W. Bush the armies of compassion, and encouraging the armies of compassion, we thank you. [Filed with the Office of the Federal Register, And now it is my honor to introduce my 8:45 a.m., January 9, 2009] brother Neil M. Bush.

NOTE: This proclamation and its annex were pub- lished in the Federal Register on January 12. NOTE: The President spoke at 3:56 p.m. in the East Room at the White House. In his remarks, he referred to former President George H.W. Remarks During a Meeting With Bush. The transcript released by the Office of the Former Presidents and the Incoming Press Secretary also included the remarks of President former President Bush. January 7, 2009 Remarks on the No Child Left I want to thank the President-elect for joining the ex-Presidents for lunch. I am— Behind Act in Philadelphia, one message that I have, and I think we all Pennsylvania share, is that we want you to succeed. Wheth- January 8, 2009 er we’re a Democrat or Republican, we care deeply about this country. And to the extent The President. Thank you for the warm we can, we look forward to sharing our expe- welcome. And Laura and I are thrilled to be riences with you. All of us who have served here at Kearny School. We have come be- in this office itself understand that the office cause this is one of the really fine schools transcends the individual. And we wish you in the city of Philadelphia. We bring greet- all the very best, and so does the country. ings from the Nation’s Capital, but more im- portantly, we bring appreciation for those NOTE: The President spoke at 12 p.m. in the Oval who are working so hard to make sure that Office at the White House. Participating in the every child can learn. meeting were former Presidents Jimmy Carter, You know, 7 years ago today, I had the George H.W. Bush, and William J. Clinton; and honor of signing a bill that forever changed President-elect Barack Obama. The transcipt re- America’s school systems. It was called the leased by the Office of the Press Secretary also included the remarks of President-elect Obama. No Child Left Behind Act. I firmly believe The Office of the Press Secretary also released that thanks to this law, more students are a Spanish language transcript of these remarks. learning, an achievement gap is closing. And on this anniversary, I have come to talk about why we need to keep the law strong. If you Remarks Honoring the Points of find a piece of legislation that is working, it Light Institute is important to make sure the underpinnings January 7, 2009 of that law remain strong. I do want to thank Laura for joining me. Thank you all. Mr. President—[laugh- She has been an awesome wife and a great ter]—yes? No—[laughter]. Thank you all for First Lady. Our journey together in Wash- coming. I’m told there is seven speakers. So ington has been fantastic, and I thank her there’s now about to be six. I thank you for— very much for her love.

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I am proud to be here with Arlene Acker- want to thank you for your leadership on this man. Thank you for your introduction, Ar- issue, and I appreciate you being here. lene, and thank you for being—[applause]. I want to thank the teachers who work Arlene is a reform-minded leader. And by here. I particularly want to thank Principal that, I mean you have a superintendent here Spagnola for her leadership. And the thing who is willing to challenge the status quo if about educators—first of all, every good the status quo is unacceptable. Sometimes school has got a principal who is a good prin- that’s hard in public life. You see the status cipal. That’s generally the key ingredient to quo, and people are saying, ‘‘Oh, let’s just success, somebody who can set high stand- leave it the way it is; it’s too hard to change.’’ ards and motivate. And this principal can do And you have a superintendent here that just that. says, ‘‘If we’re finding failure, we’re going to And for the teachers, thank you for taking change.’’ And I want to thank you for taking on a noble profession. Laura and I are proud on this important assignment. to report that one of our daughters is a teach- I’m proud to be here with my buddy. I er, and it makes us feel just incredibly great guess it’s okay to call the Secretary of Edu- to know that we’ve raised a child who is will- cation your buddy; that means friend. And ing to take on an important task of teaching she has been our friend for a long time. She a child to be able to have the skills necessary is a great Secretary of Education. And, Mar- to succeed in life. garet, I want to thank you for being here. There are a lot of reformers here, and I welcome the reformers. These are people I want to thank the senior Senator—I from society who say, ‘‘I want to help the guess it’s okay to call you senior—Arlen school system succeed.’’ When I got off Air Specter. He is a good friend, and he cares Force One today, I met Adam Bruckner. I a lot about the State of Pennsylvania and the mentioned to some kids, ‘‘Have you ever education systems in the State. So thank you heard of Adam Bruckner?’’ And they said, for coming, my friend. ‘‘You’re talking about Mr. Adam.’’ I said, Jerry Zahorchak is with us, the Pennsyl- ‘‘That’s who I’m talking about.’’ He is volun- vania Department of Education Secretary. teer; he’s a mentor. He happens to be a pro- Jerry, thank you for being here, and thank fessional soccer coach, which means he you for serving. knows how to play soccer, and he is willing I want to thank all the State and local offi- to lend his skills, and more importantly, his cials; particularly, the State representative heart, to teach a child the beauty of being from this district has kindly come by to say a sports person and the lessons of life that hello and participate in a roundtable we just come from good competition. had. And so I want to thank you very much, Roy Romer, former Governor of Colorado, Adam, for being here and representing all and an education reformer, has just spoken, the folks who volunteer at this program. and I want to thank Roy. He happens to be At the end of the Presidency, you get to the chairman of Strong American Schools. do a lot of lasts. I don’t know if you saw on It’s got a nice ring to it, doesn’t it? Strong TV, but I pardoned my last Thanksgiving tur- American Schools. That means schools that key. [Laughter] This is my last policy speech. actually teach people how to read, write, and As President of the United States, this is the add and subtract. At least that’s my definition last policy address I will give. What makes of strong American schools. it interesting is that it’s the same subject of I want to thank very much the Reverend my first policy address as President of the Al Sharpton. Now, some of you are probably United States, which is education and edu- about to fall out of your chair—[laughter]— cation reform. when you know that Al and I have found I hope you can tell that education is dear common ground. And by the way, it’s on an to my heart. I care a lot about whether or important issue. See, he cares just as much not our children can learn to read, write, and as I care about making sure every child learns add and subtract. When I was a Governor to read, write, and add and subtract. And I of Texas, I didn’t like it one bit when I’d

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go to schools in my State and realize that manual labor alone.’’ That’s going to happen children were not learning so they could real- for some, but it’s not the future of America, ize their God-given potential. I didn’t like it if we want to be a competitive nation as we because I knew the future of our society de- head into the 21st century. pended upon a good, sound education. We believe that every child has dignity and I was sharing this story with people that worth. But it wasn’t just me who believed Laura and I just met with, and at the time that. Fortunately, when we got to Wash- I went to a high school in my State, one of ington, a lot of other people believed it— our big city high schools. And I said, ‘‘Man, Democrats and Republicans. I know there’s thanks for teaching.’’ I met this teacher. I a lot of talk about how Washington is divided, think his name is Brown, if I’m not mis- and it has been at times, at times. And it taken—— can get awfully ugly in Washington. But nev- Secretary of Education Margaret ertheless, if you look at the history over the Spellings. Nelson Brown. past 8 years, there have been moments where The President. ——Nelson Brown—and we have come together. And the No Child he taught geography and history, if I’m not Left Behind Act is one such moment. mistaken. I said, ‘‘How is it going, Mr. It gives me a chance now to thank Senator Brown?’’ He said, ‘‘It’s going lousy.’’ I said, Kennedy of Massachusetts, Senator Gregg of ‘‘Why?’’ He said, ‘‘Because my kids cannot New Hampshire, Congressman Miller of read, and they’re in high school.’’ You see, California, Congressman Boehner of Ohio, the system was just satisfied with just shuf- Republicans and Democrats who worked to- fling kids through—if you’re 14 you’re sup- gether to get this piece of legislation passed. posed to be here, if you’re 16 you’re sup- I believe that in signing that bill we enacted posed to be there. Rarely was the question the most sweeping education reforms in a asked: Can you read? Or can you write? Or long, long time. can you add and can you subtract? And so we decided to do something about The philosophy behind the law is pretty it. We said such a system is unacceptable to straightforward: Local schools remain under the future of our State. And that’s the spirit local control. In exchange for Federal dollars, we brought to Washington, DC. It’s unac- however, we expect results. We’re spending ceptable to our country that vulnerable chil- money on schools, and shouldn’t we deter- dren slip through the cracks. And by the way, mine whether or not the money we’re spend- guess who generally those children are? They ing is yielding the results society expects? happen to be inner-city kids, or children So States set standards. One reason this whose parents don’t speak English as a first school makes sense is because you have a language. They’re the easiest children to for- principal who sets high standards, keeps that get about. bar high. And we hold schools accountable We saw a culture of low expectations. You for meeting the standards. There—we set an know what happens when you have low ex- historic goal that—and that is to—every child pectations? You get lousy results. And when should learn to read and do math at grade you get lousy results, you have people who level by 2014. say, ‘‘There’s no future for me in this coun- The key to measuring is to test. And by try.’’ the way, I’ve heard every excuse in the book And so we decided to do something about why we should not test—‘‘Oh, there’s too it. We accepted the responsibility of the of- many tests; you teach the test; testing is intru- fice to which I had been elected. It starts sive; testing is not the role of government.’’ with this concept: Every child can learn. We How can you possibly determine whether a believe that it is important to have a high child can read at grade level if you don’t test? quality education if you’re—one is going to And for those who claim we’re teaching the succeed in the 21st century. It’s no longer test, uh-uh. We’re teaching a child to read acceptable to be cranking people out of the so he or she can pass the test. school system and saying, ‘‘Okay, just go— Testing is important to solve problems. you know, you can make a living just through You can’t solve them unless you diagnose the

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problem in the first place. Testing is impor- Instead of looking the other way when stu- tant to make sure children don’t slip too far dents are falling behind, policymakers at all behind. The facts are, if you get too far be- levels are now beginning to be focused on hind in reading, for example, it’s nearly im- how to close the achievement gap. Achieve- possible to catch up. That’s why it’s impor- ment gap is—it means this: White students tant to test early. are reading here, and African American stu- Measuring results allows us to focus re- dents are reading here, and Latino students sources on children who need extra help. are reading down here. And that is unaccept- And measuring gives parents something to able for the United States of America. compare other schools with. You oftentimes In the classroom, students are learning hear, ‘‘Oh, gosh, I wish parents were more from highly qualified teachers. In other involved.’’ Well, one way to get parental in- words, that’s part of the reforms of encour- volvement is to post results. Nothing will get aged—the focus on highly qualified teachers. a parent’s attention more than if he or she Schools have adopted research-proven strat- sees that the school her child goes to isn’t egies for reading instruction. There’s a lot performing as well as the school around the of debate, if you follow the public education corner. debates closely, that there’s a lot of debate Measurement is essential to success. When about what’s the best kind of reading pro- schools fall short of standards year after year, gram as to how to best teach a child to read. Well, when you measure, it helps you deter- something has to happen. In other words, mine which system works the best. The prin- there has to be a consequence in order for cipal was describing to us, we’re always ad- there to be effective reforms. And one such justing and looking to make sure our edu- thing that can happen is parents can enroll cation is—fits each individual child. In other their children in another school. It’s—to me, words, she’s constantly analyzing her instruc- measurement is the gateway to true reform, tion strategies, and a measurement system and measurement is the best way to ensure allows you to do so. parental involvement. There’s a new Teacher Incentive Fund in By the way, school choice was only open place, as a result of No Child Left Behind to rich people up until No Child Left Behind. reforms, and a city like Philadelphia are re- It’s hard for a lot of parents to be able to warding educators for taking jobs in this city’s afford to go to any other kind of school but toughest classrooms, and those who are their neighborhood school. And now, under achieving results. In other words, there’s an this system, if your public school is failing, incentive to make sure good teachers get in you’ll have the option of transferring to an- the classrooms all throughout the city. And other public school or charter school. And by the way, this is happening all across our it’s—I view that as liberation; I view that as country. empowerment. You know, I mentioned disclosure. More There’s been a lot of debates about the and more districts are producing annual re- requirements of No Child Left Behind. No port cards, and that’s really important. And question, a piece of legislation like this en- I did mention to you what they call supple- courages debate, and that’s fine. That’s part mental services. Under the No Child Left of the democratic process. But there is no Behind Act, when you find a disadvantaged debate about the results: the first time all child falling behind where he or she should 50 States and the District of Columbia have be, there’s extra money for tutoring. And accountability plans in place. The data is across the country there’s now about a half being disaggregated. That means that we— a million students benefitting from the tutor- instead of just lumping all children together ing that comes from No Child Left Behind. and say, ‘‘Oh, isn’t everything beautiful,’’ we It makes sense, doesn’t it? It says we’re going actually break each child out to determine to measure, and if we determine you need whether or not he or she is getting the kind extra help, here’s some money to help you of education parents and society expects. And so that you don’t fall behind, so that you that’s an important reform. catch up.

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The number of charter schools, by the Laura and I have been privileged to travel way, has more than doubled over the past to schools over the past 8 years such as this, 7 years. Charter schools provide good outlets. and you’d be amazed at what we get to see. And I met the head of the—president of the We get to see hard-working, decent citizens charter school association here in Philadel- who dedicate their lives to making sure no phia. He said 10 years ago there were four, child is left behind. And we have seen and today there are—yes, a lot. [Laughter] innovators who are willing to try different ap- When you get over 60, it’s hard to hear. proaches to achieve the same result. So we [Laughter] went to Harlem to see a school district there. The most important result of the No Child They attend school for 10 hours a day. So Left Behind is this: Fewer students are fall- the educators, taking advantage of local con- ing behind; more students are achieving high trol, said, ‘‘What is it required to make sure standards. We have what’s called the Nation’s that we meet high standards?’’ In this case, Report Card. For those who wonder whether the educators said, ‘‘Well, we need to have or not we should strengthen No Child Left school 10 hours a day.’’ The teachers give Behind, I want you to hear this: 4th graders parents their cell phone numbers, so that earned the highest reading and math scores they can be called anytime. And as the teach- in the history of the test. Minority and dis- ers told us, they do get called anytime— advantaged students made some of the larg- [laughter]—to help solve problems. I was est gains, with African Americans and His- just thankful that there weren’t cell phones panics posting alltime highs in several cat- when I was going to elementary school. egories. [Laughter] I have seen the resolve for reform and the No Child Left Behind is working for all belief in high standards in Chicago, where kinds of students in all kinds of schools in reading and math scores are soaring, and every part of the country. That is a fact. where every child still has time to study a There’s still a long way to go, however. Sec- foreign language and the fine arts. The school retary Spellings has worked hard to give in Chicago we went to, like other schools schools tools and flexibility. She issued new across the city, have benefitted from the vi- regulations that will reward schools for sion and leadership of a person named Arne progress students make from year to year. Duncan, and he is going to be the next Sec- She helps to provide programs that provide retary of Education. And we are fortunate a clear graduation rate. And one of the prob- he has agreed to take on this position. And lems we’ve had, of course, is getting enough we wish him all the very best. information out in a timely fashion to em- Laura and I will never forget the resolve power parents to be able to make wise deci- that we saw in New Orleans after Katrina, sions about the future of their children. And and the determination by principals and she has worked steadily to make sure that teachers to get their schools up and run- information gets to parents in a timely fash- ning—and they did. And by the way, they ion. have placed innovation at the center of a re- Obviously, there’s—a piece of legislation building school system. They believe in high like this takes compromise. But there is no standards and accountability to make sure compromise to the basic premise of No Child that out of the rubble of Katrina comes a Left Behind, and that is we need to measure world-class education system. on a clear set of goals. We need a few goals And we’ve seen the resolve here at Kearny. that have got maximum impact, and we need That’s why we’re here. Every year—we met to know whether or not those goals are being a mom, who told us her twins now come to met. People say, ‘‘Can you possibly meet the this school. You know, it’s interesting what goal you set?’’ And the answer is, absolutely happens when you post scores. Nobody cares can we meet the goals that we’ve set. And more about a child’s education, obviously, not only is it absolutely—confident we can than the first teacher a child has, which is meet it, I know it is necessary that we do a parent. And this notion about how parents meet those goals. really don’t seem to care—they care, believe

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me. And when there’s transparency in the the chance for a child to succeed in Amer- system it helps them make informed choices. ica—but to strengthen the law for the sake And so mom was saying her twins come here. of every child. She also said, by the way, they weren’t really Thank you for letting us come by for the reading up to snuff initially, and yet they got last policy address that we have been hon- extra help. And now, guess what? They’re ored to make. God bless you. reading up to snuff. Kearny School works. They commute for miles. Some of the fam- NOTE: The President spoke at 11:19 a.m. at Gen- ilies commute for miles because they under- eral Philip Kearny School. In his remarks, he re- stand it’s a place of excellence. This is a ferred to Arlene C. Ackerman, superintendent of school where a lot of community and faith- schools, school district of Philadelphia; political based groups come to help. And that is really activist Rev. Alfred C. Sharpton; Eileen Spagnola, great of you to do that. And by the way, it principal, General Philip Kearny School; Adam happens in other schools too. And if you’re Bruckner, assistant coach, Philadelphia Kixx, interested in how you can serve America, Major Indoor Soccer League; and Lawrence why don’t you volunteer in your local school? Jones, president, Pennsylvania Coalition for Char- If you want to be a member of the army ter School. of compassion in America, help your schools. Help your schools help each child realize Statement on the Death of Father their God-given potential. Richard John Neuhaus I believe that it is going to be important for our citizens to take a hard look at No January 8, 2009 Child Left Behind, and listen to the facts of No Child Left Behind, and then say with Laura and I are saddened by the death clear voice, for the sake of our children’s fu- of Father Richard John Neuhaus. Father ture, this good law needs to be strengthened Neuhaus was an inspirational leader, ad- and reauthorized by the United States Con- mired theologian, and accomplished author gress. who devoted his life to the service of the Al- There is a growing consensus across the mighty and to the betterment of our world. country that now is not the time to water He was also a dear friend, and I have treas- down standards or to roll back accountability. ured his wise counsel and guidance. There is a growing consensus that includes Our thoughts and prayers are with Father leaders of the business communities across Neuhaus’s family, friends, and fellow clergy America who see an increasingly global econ- during this difficult time. omy and, therefore, believe in standards and accountability. There’s a growing consensus Statement on Senator Christopher S. amongst leaders of civil rights organizations, like La Raza, and the Urban League, and ‘‘Kit’’ Bond’s Decision Not To Seek the Education Equality Project. These lead- Reelection ers refuse to accept what I have called the January 8, 2009 soft bigotry of low expectations. There’s a growing consensus—includes a lot of par- Senator Kit Bond has been a wonderful ents, and superintendents, and mayors, and public servant and statesman for the people Governors who insist that we put our chil- of Missouri. During more than three decades dren first. of service as Governor and United States And so I’ve come to herald the success Senator, Kit has been a tireless advocate for of a good piece of legislation. I have come our children, our military, and our Nation’s to talk to our citizens about the results this intelligence community. He played a vital reform has yielded. And I call upon those role in the effort to modernize the Foreign who can determine the fate of No Child Left Intelligence Surveillance Act. Because of his Behind in the future to stay strong in the leadership, we are protecting the liberties of face of criticism, to not weaken the law— our citizens while gathering vital information because in weakening the law, you weaken we need to prevent attacks on our soil.

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I have been honored to work with Senator During the day, the President had a tele- Bond during my time as President, and Laura phone conversation with congressional lead- and I wish Kit, Linda, and their son, Samuel, ers. all the best in the future. The President announced the designation of the following individuals as members of a Presidential delegation to Accra, Ghana, to attend the inauguration of President John Evans Atta Mills on January 7: Ronald A. Digest of Other Tschetter (head of delegation); Donald G. White House Announcements Teitelbaum; and R. Timothy Ziemer. The President announced his intention to appoint Robert D. McCallum, Jr., as a mem- The following list includes the President’s public ber of the J. William Fulbright Foreign schedule and other items of general interest an- Scholarship Board. nounced by the Office of the Press Secretary and not included elsewhere in this issue. The President announced his intention to appoint Martin Faga as a member of the Public Interest Declassification Board. January 3 The President announced his intention to In the morning, the President had an intel- appoint the following individuals as members ligence briefing. of the Panel of Conciliators of the Inter- national Centre for Settlement of Investment January 5 Disputes: James C. Boggs; William Burck; Ronald A. Cass; and Emmet Flood. In the morning, the President had an intel- The President announced his intention to ligence briefing. appoint Fred F. Fieldein and Daniel M. In the evening, the President and Mrs. Price as members of the Panel of Arbitrators Bush hosted a dinner for the Joint Chiefs of the International Centre for Settlement of Staff and combatant commanders. Later, of Investment Disputes. he had a telephone conversation with Sec- The President announced his intention to retary of State Condoleezza Rice to discuss appoint Raymond Loretto and Virgil Trujillo her January 6 trip to the United Nations. as members of the Board of Directors of the The President declared a major disaster in Valles Caldera Trust. Hawaii and ordered Federal aid to supple- The President announced his intention to ment State and local recovery efforts in the appoint the following individuals as members area struck by severe storms and flooding of the President’s Council on Physical Fit- from December 10–16. ness and Sports: David Allen Josserand (and, The President declared a major disaster in upon appointment, designate him as Chair- Massachusetts and ordered Federal aid to man); Kirk M. Bauer (and, upon appoint- supplement Commonwealth and local recov- ment, designate him as Vice Chairman); Ste- ery efforts in the area struck by a severe win- ven Bornstein; Susan Lieberman Dell; ter storm and flooding beginning on Decem- Allyson Felix; Susan Finn; Diego Gutierrez; ber 11 and continuing. James W. Holsinger; Michelle Wing Kwan; Robert A. ‘‘Bobby’’ Labonte; Edward R. January 6 Laskowski; Elisha N. ‘‘Eli’’ Manning; David In the morning, the President had an intel- W. Marsh; Leslie E. ‘‘Les’’ Miles; Omar ligence briefing. Then, he and Mrs. Bush Minaya; Richard F. ‘‘Digger’’ Phelps; Ruth traveled to Fort Myer, VA, where they at- Riley; and Jason Sehorn. tended a military appreciation parade. Later, The President announced his intention to they returned to Washington, DC. appoint the following individuals as members In the afternoon, the President and Mrs. of the U.S. Holocaust Memorial Council: Bush hosted a lunch for Secretary-General Elliot Abrams; Joshua B. Bolten; Alan I. Cas- Ban Ki-moon of the United Nations and his den; Michael Chertoff; William Danhof; San- wife, Yoo (Ban) Soon-taek. ford Gottesman; Cheryl Feldman Halpern;

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J. David Heller; Amy Kaslow; M. Ronald In the afternoon, the President and Mrs. Krongold; Michael B. Mukasey; and Daniel Bush returned to Washington, DC. Silva. The President announced his intention to January 9 appoint Sally K. Mason, Robert Y. Moore, In the morning, the President had an intel- and Henry Yang as members of the Presi- ligence briefing. Later, at the Bolling Club dent’s Committee on the National Medal of at Bolling Air Force Base, he visited with Science. White House Communications Agency and The President announced his intention to White House Transportation Agency staff. appoint Nancy Ann Starnes and Hans A. Van The President declared a major disaster in Winkle as members of the Architectural and Maine and ordered Federal aid to supple- Transportation Barriers Compliance Board. ment State and local recovery efforts in the The President announced his intention to area struck by a severe winter storm and designate Lynne A. Osmus as Acting Admin- flooding from December 11–29. istrator of the Federal Aviation Administra- tion. The President announced his intention to designate Susan E. Dudley as Acting Admin- istrator of the Office of Information and Reg- Nominations ulatory Affairs at the Office of Management Submitted to the Senate and Budget.

January 7 The following list does not include promotions of members of the Uniformed Services, nominations In the morning, the President had an intel- to the Service Academies, or nominations of For- ligence briefing. Later, he and former Presi- eign Service officers. dent George H.W. Bush participated in an interview with Brit Hume of FOX News. Then, in the Oval Office, he met with Presi- Submitted January 8 dent-elect Barack Obama. In the afternoon, in the Oval Office, the Stuart Gordon Nash, President participated in a photo opportunity of the District of Columbia, to be an Asso- with former Presidents Jimmy Carter, ciate Judge of the Superior Court of the Dis- George H.W. Bush, and William J. Clinton trict of Columbia for the term of 15 years, and President-elect Barack Obama. Then, in vice Rufus Gunn King, III, retired. the Private Dining Room, he hosted a lunch for the former Presidents and President-elect Obama. Later, at DAR Constitution Hall, he made remarks to Presidential appointees. Checklist January 8 of White House Press Releases In the morning, the President had an intel- ligence briefing. Later, he and Mrs. Bush The following list contains releases of the Office traveled to Philadelphia, PA, where, at the of the Press Secretary that are neither printed as General Philip Kearny School, he met with items nor covered by entries in the Digest of USA Freedom Corps volunteer Adam Bruck- Other White House Announcements. ner. They then visited several classrooms and met with students. Released January 5 Later in the morning, the President and Mrs. Bush participated in a roundtable dis- Transcript of a press briefing by Press Sec- cussion on the No Child Left Behind Act. retary Dana Perino

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Transcript of a teleconference press briefing Transcript of remarks by National Security by Council on Environmental Quality Chair- Adviser Stephen J. Hadley at the Center for man James L. Connaughton Strategic and International Studies Statement by National Security Adviser Ste- Transcript of remarks by Assistant to the phen J. Hadley announcing the President’s President for Homeland Security and approval of the airlift of equipment for the Counterterrorism Kenneth L. Wainstein on United Nations/African Union Mission in WMD-Terrorism at the Washington Institute Darfur (UNAMID) for Near East Policy Statement by the Press Secretary on disaster Released January 8 assistance to Hawaii Transcript of a press gaggle by Deputy Press Statement by the Press Secretary on disaster Secretary Scott M. Stanzel assistance to Massachusetts Fact sheet: No Child Left Behind Has Raised Released January 6 Expectations and Improved Results Transcript of a press briefing by Press Sec- Released January 9 retary Dana Perino Transcript of a press briefing by Deputy Statement by the Press Secretary on ratifica- Press Secretary Scott M. Stanzel tion for the Protocol Additional to the Agree- ment between the United States of America Statement by the Press Secretary on disaster and the International Atomic Energy Agency assistance to Maine for the Application of Safeguards in the United States of America Fact sheet: Marine National Monuments Fact sheet: President Bush Has Advanced Acts Approved Cooperative Conservation by the President Released January 7 NOTE: No acts approved by the President were Transcript of a press briefing by Press Sec- received by the Office of the Federal Register retary Dana Perino during the period covered by this issue.e.

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