[Title 3 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2009 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
3
2008 Compilation
and
Parts 100-102
Revised as of January 1, 2009
The President
________________________
Published by:
Office of the Federal Register
National Archives and Records Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT OFFICIAL EDITION NOTICE
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[[Page iii]]
................................................................
TABLE OF CONTENTS
Page
List of Title 3 Compilations..........................................iv
Explanation of the Code of Federal Regulations.........................v
Explanation of This Title.............................................ix
How To Cite This Title................................................xi
Title 3.............................................................xiii
2008 Compilation--Presidential Documents..........................1
Chapter I--Executive Office of the President....................321
Title 3 Finding Aids.................................................331
Tables..........................................................333
List of CFR Sections Affected...................................351
Index...........................................................353
CFR Finding Aids.....................................................365
Table of CFR Titles and Chapters................................367
Alphabetical List of Agencies Appearing in the CFR..............387
[[Page iv]]
TITLE 3 COMPILATIONS
------------------------------------------------------------------------
Title 3 Compilations Proclamations Executive Orders
------------------------------------------------------------------------
1936-1938...................... 2161-2286......... 7316-7905
1938-1943...................... 2287-2587......... 7906-9347
1943-1948...................... 2588-2823......... 9348-10025
1949-1953...................... 2824-3041......... 10026-10510
1954-1958...................... 3042-3265......... 10511-10797
1959-1963...................... 3266-3565......... 10798-11134
1964-1965...................... 3566-3694......... 11135-11263
1966-1970...................... 3695-4025......... 11264-11574
1971-1975...................... 4026-4411......... 11575-11893
1976........................... 4412-4480......... 11894-11949
1977........................... 4481-4543......... 11950-12032
1978........................... 4544-4631......... 12033-12110
1979........................... 4632-4709......... 12111-12187
1980........................... 4710-4812......... 12188-12260
1981........................... 4813-4889......... 12261-12336
1982........................... 4890-5008......... 12337-12399
1983........................... 5009-5142......... 12400-12456
1984........................... 5143-5291......... 12457-12497
1985........................... 5292-5424......... 12498-12542
1986........................... 5425-5595......... 12543-12579
1987........................... 5596-5759......... 12580-12622
1988........................... 5760-5928......... 12623-12662
1989........................... 5929-6084......... 12663-12698
1990........................... 6085-6240......... 12699-12741
1991........................... 6241-6398......... 12742-12787
1992........................... 6399-6520......... 12788-12827
1993........................... 6521-6643......... 12828-12890
1994........................... 6644-6763......... 12891-12944
1995........................... 6764-6859......... 12945-12987
1996........................... 6860-6965......... 12988-13033
1997........................... 6966-7061......... 13034-13071
1998........................... 7062-7161......... 13072-13109
1999........................... 7162-7262......... 13110-13144
2000........................... 7263-7389......... 13145-13185
2001........................... 7263-7516......... 13145-13251
2002........................... 7517-7635......... 13252-13282
2003........................... 7636-7748......... 13283-13323
2004........................... 7749-7858......... 13324-13368
2005........................... 7859-7972......... 13369-13394
2006........................... 7873-8098......... 13395-13421
2007........................... 8099-8214......... 13422-13453
2008........................... 8215-8334......... 13454-13483
------------------------------------------------------------------------
Beginning with 1976, Title 3 compilations also include regulations
contained in Chapter I, Executive Office of the President.
Supplementary publications include: Presidential documents of the Hoover
Administration (two volumes), Proclamations 1870-2037 and Executive
Orders 5076-6070; Consolidated Indexes for 1936-1965; and Consolidated
Tables for 1936-1965.
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, January 1, 2009), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate
volumes. For the period beginning January 1, 2001, a ``List of CFR
Sections Affected'' is published at the end of each CFR volume.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
and parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of textual material
appearing in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-741-6000
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408 or e-mail
[email protected].
SALES
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ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
Register, Public Laws, Public Papers, Weekly Compilation of Presidential
Documents and the Privacy Act Compilation are available in electronic
format at www.gpoaccess.gov/nara (``GPO Access''). For more information,
contact Electronic Information Dissemination Services, U.S. Government
Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-
mail, [email protected].
[[Page vii]]
The Office of the Federal Register also offers a free service on the
National Archives and Records Administration's (NARA) World Wide Web
site for public law numbers, Federal Register finding aids, and related
information. Connect to NARA's web site at www.archives.gov/federal--
register. The NARA site also contains links to GPO Access.
Raymond A. Mosley,
Director,
Office of the Federal Register.
January 1, 2009.
[[Page ix]]
EXPLANATION OF THIS TITLE
This volume of ``Title 3--The President'' contains a compilation of
Presidential documents and a codification of regulations issued by the
Executive Office of the President.
The 2008 Compilation contains the full text of those documents
signed by the President that were required to be published in the
Federal Register. Signature date rather than publication date is the
criterion for inclusion. With each annual volume, the Presidential
documents signed in the previous year become the new compilation.
Chapter I contains regulations issued by the Executive Office of the
President. This section is a true codification like other CFR volumes,
in that its contents are organized by subject or regulatory area and are
updated by individual issues of the Federal Register.
Presidential documents in this volume may be cited ``3 CFR, 2008
Comp.'' Thus, the preferred abbreviated citation for Proclamation 8215
appearing on page 1 of this book, is ``3 CFR, 2008 Comp., p. 1.''
Chapter I entries may be cited ``3 CFR.'' Thus, the preferred
abbreviated citation for section 100.1, appearing in chapter I of this
book, is ``3 CFR 100.1.''
This book is one of the volumes in a series that began with
Proclamation 2161 of March 19, 1936, and Executive Order 7316 of March
13, 1936, and that has been continued by means of annual compilations
and periodic cumulations. The entire Title 3 series, as of January 1,
2009, is encompassed in the volumes listed on page iv.
For readers interested in proclamations and Executive orders prior
to 1936, there is a two-volume set entitled Proclamations and Executive
Orders, Herbert Hoover (March 4, 1929, to March 4, 1933). Codified
Presidential documents are published in the Codification of Presidential
Proclamations and Executive Orders (April 13, 1945--January 20, 1989).
Other public Presidential documents not required to be published in the
Federal Register, such as speeches, messages to Congress, and
statements, can be found in the Weekly Compilation of Presidential
Documents and the Public Papers of the Presidents series. Each of these
Office of the Federal Register publications is available for sale from
the Superintendent of Documents, Government Printing Office, Washington,
DC 20402.
This book was prepared in the Presidential Documents and Legislative
Division under the supervision of Gwendolyn J. Henderson. Michael J.
Forcina was the Chief Editor.
[[Page xi]]
________________________________________________________________________
Cite Presidential documents in this volume
3 CFR, 2008 Comp.
thus: 3 CFR, 2008 Comp., p. 1
________________________________________________________________________
Cite chapter I entries in this volume
3 CFR
thus: 3 CFR 100.1
________________________________________________________________________
[[Page xiii]]
________________________________________________________________________
TITLE 3--THE PRESIDENT
Page
2008 Compilation--Presidential Documents:
Proclamations.....................................................1
Executive Orders................................................157
Other Presidential Documents....................................267
Chapter I--Executive Office of the President:
Part 100.........................................................321
Part 101.........................................................321
Part 102.........................................................321
Finding Aids:
Table 1--Proclamations...........................................333
Table 2--Executive Orders........................................337
Table 3--Other Presidential Documents............................339
Table 4--Presidential Documents Affected During 2008.............343
Table 5--Statutes Cited as Authority for Presidential Documents..347
List of CFR Sections Affected....................................351
Index............................................................353
CFR Finding Aids:
Table of CFR Titles and Chapters.................................367
Alphabetical List of Agencies Appearing in the CFR...............387
[[Page 1]]
2008 Compilation--Presidential Documents
________________________________________________________________________
PROCLAMATIONS
________________________________________________________________________
Proclamation 8215 of January 14, 2008
Religious Freedom Day, 2008
By the President of the United States of America
A Proclamation
Thomas Jefferson counted the freedom of worship as one of America's
greatest blessings. He said it was ``a liberty deemed in other countries
incompatible with good government, and yet proved by our experience to
be its best support.'' On Religious Freedom Day, we celebrate the 1786
passage of the Virginia Statute for Religious Freedom.
The freedom to worship according to one's conscience is one of our
Nation's most cherished values. It is the first protection offered in
the Bill of Rights: that ``Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof.''
In America, people of different faiths can live together united in
peace, tolerance, and humility. We are committed to the proposition that
as equal citizens of the United States of America, all are free to
worship as they choose.
In an era during which an unprecedented number of nations have embraced
individual freedom, we have also witnessed the stubborn endurance of
religious repression. Religious freedom belongs not to any one nation,
but to the world, and my Administration continues to support freedom of
worship at home and abroad. On Religious Freedom Day and throughout the
year, we recognize the importance of religious freedom and the vital
role it plays in spreading liberty and ensuring human dignity.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim January 16, 2008, as
Religious Freedom Day. I call on all Americans to reflect on the great
blessing
[[Page 2]]
of religious liberty, endeavor to preserve this freedom for future
generations, and commemorate this day with appropriate events and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
January, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8216 of January 16, 2008
Martin Luther King, Jr., Federal Holiday, 2008
By the President of the United States of America
A Proclamation
Dr. Martin Luther King, Jr., changed our Nation forever through his
leadership, service, and clarity of vision. On the Martin Luther King,
Jr., Federal Holiday, we honor the lasting legacy of this great
American, remember the ideals for which he fought, and recommit
ourselves to ensuring that our country's promise extends to all
Americans across this great land.
In the brief time Dr. King walked upon this earth, he devoted his life
to strengthening the content of the American character and called on our
Nation to live up to its founding principles of life, liberty, and the
pursuit of happiness for all its citizens. Dr. King's faith in the
Almighty gave him the courage to confront discrimination and
segregation, and he preached that all the powers of evil are ultimately
no match for even one individual armed with eternal truths. Through his
determination, spirit, and resolve, Dr. King helped lift souls and lead
one of the greatest movements for equality and freedom in history.
Our Nation has made progress toward realizing Dr. King's dream, yet the
work to achieve liberty and justice for all is never-ending. In July of
2006, I was honored to sign the ``Fannie Lou Hamer, Rosa Parks, and
Coretta Scott King Voting Rights Act Reauthorization and Amendments Act
of 2006,'' to renew the Voting Rights Act of 1965 and reaffirm our
commitment to securing the voting rights of all Americans. My
Administration will continue to protect the rights won through the
sacrifice of Dr. King and other civil rights leaders, and our country
will never rest until equality is real, opportunity is universal, and
all citizens are empowered to realize their dreams.
As we observe Dr. King's birthday, I encourage all Americans to
celebrate his memory by performing acts of kindness through service to
others. Let us live out Dr. King's teachings as we continue to work for
the day when the dignity and humanity of every person is respected.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim January 21, 2008, as the
Martin Luther King, Jr., Federal Holiday. I encourage all Americans to
observe this day with appropriate civic, community, and service programs
and activities in honor of Dr. King's life and legacy.
[[Page 3]]
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
January, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8217 of January 18, 2008
National Sanctity of Human Life Day, 2008
By the President of the United States of America
A Proclamation
On National Sanctity of Human Life Day, we recognize that each life has
inherent dignity and matchless value, and we reaffirm our steadfast
determination to defend the weakest and most vulnerable members of our
society.
America was founded on the belief that all men are created equal and
have an inalienable right to life, liberty, and the pursuit of
happiness, and our country remains committed to upholding that founding
principle. Since taking office, I have signed legislation to help
protect life at all stages, and my Administration will continue to
encourage adoption, fund abstinence education and crisis pregnancy
programs, and support faith-based groups. Today, as our society searches
for new ways to ease human suffering, we must pursue the possibilities
of science in a manner that respects the sacred gift of life and upholds
our moral values.
Our Nation has made progress in its efforts to protect human life, and
we will strive to change hearts and minds with compassion and decency.
On National Sanctity of Human Life Day and throughout the year, we help
strengthen the culture of life in America and work for the day when
every child is welcomed in life and protected in law.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim Sunday, January 20, 2008,
as National Sanctity of Human Life Day. I call upon all Americans to
recognize this day with appropriate ceremonies and to underscore our
commitment to respecting and protecting the life and dignity of every
human being.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
January, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[[Page 4]]
Proclamation 8218 of January 28, 2008
National African American History Month, 2008
By the President of the United States of America
A Proclamation
During National African American History Month, we honor the
achievements and celebrate the rich heritage of African Americans.
Throughout our Nation's history, African Americans from all walks of
life have offered their talents to the betterment of American society.
Scholars such as Frederick Douglass and W.E.B. DuBois were early leaders
who placed great importance on educating all people about the need for
justice and racial equality. Athletes such as Jackie Robinson and Althea
Gibson persevered while breaking the color barrier and competing at the
highest levels of sports. Musicians like Nat King Cole and Billie
Holiday lifted the American spirit with their creativity and musical
gifts. Through their extraordinary accomplishments, these leaders helped
bring our Nation closer to fulfilling its founding ideals.
This year's theme, ``Carter G. Woodson and the Origins of
Multiculturalism,'' honors an educator who taught his fellow citizens
about the traditions and contributions of African Americans. His
dedication to educating Americans about cultural diversity initiated
this celebration of African-American history. Our Nation is now stronger
and more hopeful because generations of leaders like him have worked to
help America live up to its promise of equality and the great truth that
all of God's children are created equal.
Throughout African American History Month, we celebrate the many
contributions African Americans have made to our Nation, and we are
reminded of their courage in their struggle to change the hearts and
minds of our citizens. While much progress has been made, we must
continue to work together to achieve the promise and vision of our great
Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim February 2008 as National
African American History Month. I call upon public officials, educators,
and all the people of the United States to observe this month with
appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of January, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[[Page 5]]
Proclamation 8219 of January 28, 2008
Sixth Anniversary of USA Freedom Corps, 2008
By the President of the United States of America
A Proclamation
People across this great Nation have heard the universal call to love a
neighbor and are using their time and talents to make a difference in
the lives of others. On the sixth anniversary of the USA Freedom Corps,
we celebrate the spirit of service in America and honor the volunteers
whose good work represents the generous character of our country.
After the terrorist attacks of September 11, 2001, I created the USA
Freedom Corps to build on the countless acts of service, sacrifice, and
generosity undertaken by our citizens. The USA Freedom Corps is
dedicated to expanding volunteer service and extending the goodwill of
the American people across our country and around the globe. By
connecting individuals with volunteer opportunities, the USA Freedom
Corps has helped ensure that millions of people have a chance to make a
difference in the lives of those in need. The USA Freedom Corps also
helps strengthen the non-profit sector and supports other national
service programs and initiatives such as the Peace Corps, Citizen Corps,
AmeriCorps, and Senior Corps. These efforts can help us build a more
hopeful country and create a chain of compassion for generations to
come.
Volunteers demonstrate kindness and touch lives. With hard work and
dedication, volunteers help the less fortunate, respond to crises,
mentor children, assist the elderly, and strengthen our communities. I
urge all Americans to serve others and to learn more about service
opportunities by visiting the USA Freedom Corps website at
volunteer.gov. By providing help and hope to others, Americans can lead
the world toward a more caring and compassionate tomorrow.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim January 29, 2008, as the
Sixth Anniversary of the USA Freedom Corps. I call upon the citizens of
this great country to find ways to volunteer and to use their time,
energy, and talents to help their fellow Americans, and I commend the
efforts of the USA Freedom Corps and all those who answer the call to
serve.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of January, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[[Page 6]]
Proclamation 8220 of February 1, 2008
American Heart Month, 2008
By the President of the United States of America
A Proclamation
Heart disease is the number one killer of both men and women in the
United States. As we observe American Heart Month, we renew our
commitment to raising awareness of the serious impact of cardiovascular
disease, and we encourage all citizens to take steps to help prevent it.
By exercising regularly, avoiding tobacco, limiting consumption of
alcohol, following a nutritious diet, and monitoring high blood
cholesterol and high blood pressure, we all can work to decrease the
chances of developing cardiovascular disease. I urge all Americans to
take advantage of regular screenings and consult their doctors about how
to reduce their personal risk for heart disease.
In 2002, the National Heart, Lung, and Blood Institute, coordinating
with other Federal agencies and national organizations, established the
national campaign ``The Heart Truth'' to raise awareness among women of
the dangers of cardiovascular disease. Today, more Americans are aware
that it is the leading cause of death. The National Ambassador of ``The
Heart Truth'' campaign, First Lady Laura Bush, continues to lead the
Federal Government's efforts to send the urgent message to women about
their risk for heart disease. Through this campaign, millions of women
across the country have come to recognize the red dress as an important
reminder to make healthy choices for their heart and encourage others to
do the same.
During American Heart Month, we express our gratitude to the dedicated
medical professionals, researchers, and others whose tireless efforts
help save lives and make a difference for countless Americans. As we
work together to fight this deadly disease, we recognize that every
person can take action to reduce his or her risk for heart disease and
make the decision to live a healthier life.
In acknowledgement of the importance of the ongoing fight against
cardiovascular disease, the Congress, by Joint Resolution approved
December 30, 1963, as amended (77 Stat. 843; 36 U.S.C. 101), has
requested that the President issue an annual proclamation designating
February as ``American Heart Month.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim February 2008 as American Heart Month, and I
invite all Americans to participate in National Wear Red Day on February
1, 2008. I also invite the Governors of the States, the Commonwealth of
Puerto Rico, officials of other areas subject to the jurisdiction of the
United States, and the American people to join me in recognizing and
reaffirming our commitment to fighting cardiovascular disease.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
February, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[[Page 7]]
Proclamation 8221 of February 28, 2008
American Red Cross Month, 2008
By the President of the United States of America
A Proclamation
In 1881, Clara Barton established the American Red Cross, and for years
afterward, she led that organization in its noble cause to provide
healing, comfort, and hope to those in need. Today, her legacy lives on
through the millions of individuals who have answered the timeless call
to serve others. During American Red Cross Month, we honor this
charitable organization, and we reflect on its remarkable achievements
and contributions to our country.
The American Red Cross exemplifies the good heart of this Nation by
leading humanitarian efforts at home and around the world. This past
year the American Red Cross provided food, comfort, and medical
assistance to the victims of the tragic bridge collapse in Minnesota,
the devastating wildfires in California, and the tornadoes that affected
several Southern States. From the mountains of Peru to the lowlands of
Bangladesh, the American Red Cross and its partners helped to provide
relief abroad to those affected by natural disasters and humanitarian
emergencies.
The American Red Cross also helps provide vital assistance by organizing
blood drives, teaching health and safety programs, and providing
lifesaving supplies. By compassionately supporting our men and women in
uniform and their families, it helps to lift the spirits of our wounded
warriors. During this month, we send our heartfelt gratitude to the
volunteers and staff of the American Red Cross.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America and Honorary Chairman of the American Red Cross, by virtue of
the authority vested in me by the Constitution and laws of the United
States, do hereby proclaim March 2008 as American Red Cross Month. I
commend the dedicated efforts of the American Red Cross, and I encourage
all Americans to help make our world a better place by volunteering
their time, energy, and talents for others.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of February, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[[Page 8]]
Proclamation 8222 of February 28, 2008
Save Your Vision Week, 2008
By the President of the United States of America
A Proclamation
Early diagnosis and proper treatment of eye disease can help preserve
the gift of sight. During Save Your Vision Week, we encourage Americans
to receive routine vision screenings and to understand the importance of
keeping their eyes healthy and safe.
Today, millions of Americans live with some form of eye disease, such as
glaucoma, corneal disease, macular degeneration, or diabetic eye
disease. Individuals can help to avoid these diseases and maintain
healthy eyes by following good eating habits, using appropriate
protective eyewear, and maintaining a healthy lifestyle. Citizens should
discuss with their physician the dangers of eye disease and see that
their children are tested before their first year of school.
My Administration will continue to seek better ways to prevent and treat
eye diseases. The National Eye Institute's website, www.nei.nih.gov,
provides many resources to help Americans find information on eye
disease and on where to find local eye-care professionals. By being
proactive, Americans can help prevent vision loss and live healthier
lives.
The Congress, by joint resolution approved December 30, 1963, as amended
(77 Stat. 629; 36 U.S.C. 138), has authorized and requested the
President to proclaim the first week in March of each year as ``Save
Your Vision Week.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim March 2 through March 8, 2008, as Save Your
Vision Week. I encourage all Americans to learn more about eye care and
eye safety and to take measures to help ensure a lifetime of healthy
vision.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of February, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8223 of February 29, 2008
Irish-American Heritage Month, 2008
By the President of the United States of America
A Proclamation
Since the earliest days of our Republic, Irish Americans have enriched
our culture with their faith, values, and hard work. During the month of
March, we celebrate the contributions of Americans who trace their
ancestry back to Ireland's shores.
[[Page 9]]
Many of the sons and daughters of Erin came to America fleeing famine
and poverty. They came with dreams of opportunity, and they helped to
build our democracy and advance the cause of liberty. Irish Americans in
all walks of life have made lasting contributions to our Nation, and we
honor the service of Irish Americans in America's Armed Forces.
Throughout our history, those claiming Irish ancestry have helped shape
and strengthen America, including as signers of the Declaration of
Independence and as Presidents of the United States.
This month, we celebrate the patriotic and proud people who originated
from the Emerald Isle and who have played a vital role in the story of
this Nation of immigrants.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim March 2008 as Irish-
American Heritage Month. I call upon all Americans to observe this month
by celebrating the contributions of Irish Americans to our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
February, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8224 of February 29, 2008
National Consumer Protection Week, 2008
By the President of the United States of America
A Proclamation
As we face new challenges in the 21st century, we must work to ensure
that Americans are kept safe in the marketplace. During National
Consumer Protection Week, as my Administration works with Congress to
improve our consumer product safety system, we also encourage Americans
to make informed financial decisions and take advantage of the resources
that can help them become responsible consumers, savers, and investors.
This year's theme for National Consumer Protection Week, ``Financial
Literacy: A Sound Investment,'' encourages consumers to take steps to
build a firm financial foundation. By becoming informed consumers,
individuals can help plan for their future, protect their identity, and
effectively manage their finances. It is important for citizens to be
knowledgeable on financial matters such as choosing a health insurance
plan, comparing savings and retirement plans, and realizing how credit
scores can affect them. Education is the first line of defense in
helping consumers manage their money wisely and safeguard themselves
against fraud and identity theft.
My Administration is working to expand the American people's financial
education. In January of this year, I signed an Executive Order
establishing the President's Advisory Council on Financial Literacy.
This Council will help keep America competitive and assist Americans in
understanding and addressing financial matters. By visiting consumer.gov
and mymoney.gov,
[[Page 10]]
Americans can discover the tools they need to make financial decisions
and be successful in today's marketplace.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim March 2 through March 8,
2008, as National Consumer Protection Week. I call upon Government
officials, industry leaders, and consumer advocates to make available
information about how citizens can help to prevent fraud and identity
theft, and I encourage all Americans to gain the financial literacy they
need to compete in the 21st century.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
February, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8225 of March 10, 2008
Women's History Month, 2008
By the President of the United States of America
A Proclamation
During Women's History Month, we celebrate the courage, foresight, and
resolve of women who have strengthened our democracy.
America has been transformed by strong women whose contributions shaped
the history of our country. Amelia Earhart became the first woman to fly
solo across the Atlantic, and she inspired generations of women to
follow their dreams. Physicist Chien-Shiung Wu helped advance our
knowledge and understanding of the world through her achievements in
atomic research. Harriet Tubman fought racial injustice and opened doors
for more Americans to participate fully in our society.
Today, women are continuing this legacy of leadership as entrepreneurs,
doctors, teachers, scientists, lawyers, artists, and public officials.
They are also providing guidance and care to their loved ones and
strengthening America's families and communities. We also remember the
women of the United States Armed Forces who are serving our country with
honor and distinction across the world.
This month, we honor the extraordinary women of our Nation's past and
recognize the countless women who are demonstrating leadership in every
aspect of American life.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim March 2008 as Women's
History Month. I call upon all our citizens to observe this month with
appropriate programs, ceremonies, and activities that honor the history,
accomplishments, and contributions of American women.
[[Page 11]]
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of March,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8226 of March 14, 2008
National Poison Prevention Week, 2008
By the President of the United States of America
A Proclamation
Since 1962, National Poison Prevention Week has helped to raise
awareness about the dangers of potentially poisonous medicines and
household chemicals. During this week, we underscore our commitment to
protect our fellow citizens from accidental poisonings and to educate
families about the preventive steps that can be taken to ensure the
safety of our young people.
More than 2 million poisonings are reported each year across the
country. In order to help prevent these poisonings, parents should place
household chemicals out of the reach of children, keep items in their
original containers, and read the labels and dosages on all products
thoroughly before use. Installing carbon monoxide alarms in homes to
help monitor air quality can also save lives.
To learn more about the ways to keep children safe and help prevent
poisonings, I encourage all Americans to visit the Poison Prevention
Week Council website at poisonprevention.org. In case of an emergency,
individuals can contact the nearest Poison Control Center 24 hours a
day, 7 days a week at 1-800-222-1222. By taking precautions, properly
supervising children, and knowing what to do in an emergency, we can
protect the health and well-being of more Americans.
To encourage Americans to learn more about the dangers of accidental
poisonings and to take appropriate preventive measures, the Congress, by
joint resolution approved September 26, 1961, as amended (75 Stat. 681),
has authorized and requested the President to issue a proclamation
designating the third week of March each year as ``National Poison
Prevention Week.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim March 16 through March 22, 2008, as National
Poison Prevention Week. I call upon all Americans to observe this week
by participating in appropriate activities and by learning how to
prevent poisonings.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
March, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[[Page 12]]
Proclamation 8227 of March 20, 2008
Greek Independence Day: A National Day of Celebration of Greek and
American Democracy, 2008
By the President of the United States of America
A Proclamation
On Greek Independence Day, we recognize the important contributions
Greek Americans have made to our national character, celebrate the deep
friendship between our two countries, and honor the anniversary of the
Greek call for independence.
The United States and Greece share a close relationship based on our
common belief in the power of freedom. The ancient Athenians gave birth
to the principles of democracy, and America's Founding Fathers were
inspired by Greek ideals that honored and respected human dignity and
rights. When the people of Greece claimed their independence in 1821,
they had the strong support of the United States. Greek patriots risked
their lives because they knew freedom and democracy were both their
proud legacy and their ultimate destiny. Today, our nations remain
allies in the cause of freedom and are working to lay the foundations of
peace and spread the blessings of liberty around the world.
In celebrating Greek Independence Day, we commemorate the heritage of
freedom our countries hold dear, and we remember the Greek Americans
whose strong spirit, resolve, and courage helped shape America.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim March 25, 2008, as Greek
Independence Day: A National Day of Celebration of Greek and American
Democracy. I call upon all Americans to observe this day with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
March, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8228 of March 28, 2008
To Modify the Harmonized Tariff Schedule of the United States and for
Other Purposes
By the President of the United States of America
A Proclamation
1. Section 1205(a) of the Omnibus Trade and Competitiveness Act of 1988
(the ``1988 Act'') (19 U.S.C. 3005(a)) directs the United States
International Trade Commission (the ``Commission'') to keep the
Harmonized Tariff
[[Page 13]]
Schedule of the United States (HTS) under continuous review and
periodically to recommend to the President such modifications to the HTS
as the Commission considers necessary or appropriate to accomplish the
purposes set forth in that subsection. In 2006, the Commission
recommended modifications to the HTS pursuant to section 1205 of the
1988 Act to conform the HTS to amendments made to the International
Convention on the Harmonized Commodity Description and Coding System
(the ``Convention''). In Presidential Proclamation 8097 of December 29,
2006, I modified the HTS pursuant to section 1206(a) of the 1988 Act (19
U.S.C. 3006(a)) to conform the HTS to the Convention.
2. The Commission has recommended further modifications to the HTS
pursuant to sections 1205(a) and (d) of the 1988 Act (19 U.S.C. 3005(a)
and (d)) to alleviate unnecessary administrative burdens, and to ensure
that the prior modifications proclaimed in Proclamation 8097 maintain
substantial rate neutrality.
3. Section 1206(a) of the 1988 Act authorizes the President to proclaim
modifications to the HTS based on the recommendations of the Commission
under section 1205 of the 1988 Act, if he determines that the
modifications are in conformity with United States obligations under the
Convention and do not run counter to the national economic interest of
the United States. I have determined that the modifications to the HTS
proclaimed in this proclamation pursuant to section 1206(a) of the 1988
Act are in conformity with United States obligations under the
Convention and do not run counter to the national economic interest of
the United States.
4. Presidential Proclamation 7746 of December 30, 2003, implemented the
United States-Chile Free Trade Agreement with respect to the United
States, and Presidential Proclamation 7747 of December 30, 2003,
implemented the United States-Singapore Free Trade Agreement with
respect to the United States. In Presidential Proclamation 8097, I
proclaimed modifications to the HTS that I determined were necessary or
appropriate to continue to carry out the duty reductions proclaimed in
Proclamations 7746 and 7747.
5. In Presidential Proclamation 8214 of December 27, 2007, I further
modified the HTS pursuant to section 1206(a) of the 1988 Act to ensure
the continuation of tariff and certain other treatment accorded
originating goods under tariff categories modified in Proclamation 8097
and to carry out the duty reductions proclaimed in Proclamations 7746
and 7747. Technical rectifications to the HTS are required to provide
the intended tariff treatment.
6. On August 5, 2004, the United States entered into the Dominican
Republic-Central America-United States Free Trade Agreement (CAFTA-DR)
with Costa Rica, the Dominican Republic, El Salvador, Guatemala,
Honduras, and Nicaragua. The Congress approved the CAFTA-DR in section
101(a) of the Dominican Republic-Central America-United States Free
Trade Agreement Implementation Act (the ``CAFTA-DR Act'') (19 U.S.C.
4011).
[[Page 14]]
7. Sections 321-328 of the CAFTA-DR Act (19 U.S.C. 4081-4088) authorize
the President to take certain actions in response to a request by an
interested party for relief from serious damage or actual threat thereof
to a domestic industry producing certain textile or apparel articles. I
assigned certain functions under these provisions to the Committee for
the Implementation of Textile Agreements (CITA) in Proclamation 7987 of
February 28, 2006.
8. Executive Order 11651 of March 3, 1972, as amended, established CITA,
consisting of representatives of the Departments of State, the Treasury,
Commerce, and Labor, and the Office of the United States Trade
Representative, with the representative of the Department of Commerce as
Chairman, to supervise the implementation of textile trade agreements.
Consistent with 3 U.S.C. 301, when carrying out functions vested in the
President by statute and assigned by the President to CITA, the
officials collectively exercising those functions are all to be officers
required to be appointed by the President with the advice and consent of
the Senate.
9. Section 604 of the Trade Act of 1974, as amended (the ``Trade Act'')
(19 U.S.C. 2483), authorizes the President to embody in the HTS the
substance of the provisions of that Act, and of other Acts affecting
import treatment, and actions thereunder, including removal,
modification, continuance, or imposition of any rate of duty or other
import restriction.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
section 1206 of the 1988 Act, sections 321-328 of the CAFTA-DR Act,
section 301 of title 3, United States Code, and section 604 of the Trade
Act do proclaim that:
(1) In order to modify the HTS to conform it to the Convention or any
amendment thereto recommended for adoption, to promote the uniform
application of the Convention, to establish additional subordinate
tariff categories, and to make technical and conforming changes to
existing provisions, the HTS is modified as set forth in Annex I to this
proclamation.
(2) In order to provide the intended tariff treatment to imports of
originating goods from Chile, the HTS is modified as set out in section
A of Annex II to this proclamation.
(3) In order to provide the intended tariff treatment to imports of
originating goods from Singapore, the HTS is modified as set out in
section B of Annex II to this proclamation.
(4) The CITA is authorized to exercise my authority under sections 321-
328 of the CAFTA-DR Act to provide relief from imports that are the
subject of a determination under section 322(a) of the CAFTA-DR Act, to
the extent necessary to remedy or prevent serious damage and to
facilitate adjustment by the domestic industry.
(5) The United States Trade Representative shall modify the HTS in a
notice published in the Federal Register to reflect determinations
pursuant to paragraph (4) of this proclamation by the CITA.
(6) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
[[Page 15]]
(7) The modifications to the HTS set forth in Annex I and Annex II to
this proclamation shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the respective
dates specified in each section of such Annexes for the goods described
therein.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of March, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
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Proclamation 8229 of April 1, 2008
Cancer Control Month, 2008
By the President of the United States of America
A Proclamation
During Cancer Control Month, we honor cancer victims and survivors,
raise awareness of the impact cancer has on our citizens, and underscore
our commitment to battling this deadly disease.
Cancer is the second-leading cause of death in the United States, and we
remain committed to making the medical advances necessary to prevent and
treat this disease. Scientists and medical professionals have made great
progress in developing innovative treatments, improving diagnostic
tools, and increasing our understanding of cancer. These advances have
helped people with cancer live longer, healthier lives.
All Americans can reduce their risk of developing cancer by following
healthy eating habits, exercising regularly, avoiding tobacco and
excessive use of alcohol, and controlling their weight. By scheduling
regular physicals, getting preventive health screenings, and being aware
of their family history, individuals who do develop cancer can increase
the likelihood that it will be discovered at an earlier and more
treatable stage. I encourage all our citizens to talk to their doctors
and learn more about preventive measures that can save lives.
My Administration remains dedicated to finding a cure for cancer. Since
2005, the Cancer Genome Atlas has played a role in advancing cancer
research, and it is helping scientists learn more about the genetic
sources of cancer. We continue to support the innovative advances needed
to bring hope to those affected, and we will continue to fight cancer.
As we observe Cancer Control Month, we honor cancer survivors for their
determination, courage, and strength, and we remember those who lost
their valiant fight against cancer. Their stories are an inspiration to
all Americans. We also recognize medical professionals, researchers,
family members, and friends who help support cancer patients. Their
efforts improve the quality of life for those suffering from cancer, and
their compassion embodies the true spirit of our Nation.
The Congress of the United States, by joint resolution approved March
28, 1938 (52 Stat. 148; 36 U.S.C. 103), as amended, has requested the
President to issue an annual proclamation declaring April as ``Cancer
Control Month.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim April 2008 as Cancer Control Month. I
encourage citizens, government agencies, private businesses, nonprofit
organizations, and other interested groups to join in activities that
raise awareness about how all Americans can prevent and control cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of April,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
[[Page 20]]
Proclamation 8230 of April 1, 2008
National Child Abuse Prevention Month, 2008
By the President of the United States of America
A Proclamation
Children are the hope and promise of our Nation, and our society has a
special duty to ensure young Americans get the care and attention they
need to succeed in life. During National Child Abuse Prevention Month,
we underscore our commitment to preventing child abuse and neglect so
that all children can live in safety and security.
Parents have a responsibility to safeguard their children from danger
and to provide the love, protection, and guidance youngsters need to
grow into confident and caring adults. In every community across the
Nation, good and courageous citizens are improving the lives of our most
vulnerable children with acts of compassion. The strength of America
lies in the ability of our citizens to make a positive difference in the
lives of our young people.
My Administration is committed to the safety of our Nation's youth. In
2006, I signed into law the Adam Walsh Child Protection and Safety Act,
which was designed to protect children from sexual and other violent
crimes, help prevent child pornography, and make the Internet safer for
our children. This law expands sex offender registration and
notification on a nationwide basis, provides a statutory basis for the
Project Safe Childhood program, and gives communities and law
enforcement the tools necessary to keep children out of harm's way.
Additionally, with strengthened Federal penalties, we will ensure that
those who prey on our children will be caught, prosecuted, and punished
to the fullest extent of the law.
As we observe National Child Abuse Prevention Month, we reaffirm our
loving commitment to America's youth and our dedication to building a
society in which all children can realize their full potential.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 2008 as National
Child Abuse Prevention Month. I encourage all citizens to help protect
our children from abuse and neglect and to take an active role in
creating safe communities.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of April,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
[[Page 21]]
Proclamation 8231 of April 1, 2008
National Donate Life Month, 2008
By the President of the United States of America
A Proclamation
Every human life has matchless value, and during National Donate Life
Month, we reaffirm our commitment to raising awareness about the
importance of organ donation. We also express our appreciation to those
who have donated organs, tissue, and marrow.
Thousands of Americans are currently on the waiting list for an organ or
tissue transplant. I urge all Americans to register with their State's
donor registry; fill out, sign, and carry an organ donor card; say yes
to organ donation on their driver's license; and share their decision
with family and friends. By taking these steps, Americans can help save
lives. My Administration is committed to strengthening organ and tissue
donation programs and awareness activities. Just last year, I was
pleased to sign the ``Charlie W. Norwood Living Organ Donation Act,''
which helps match more donors with those in need of transplants. The
kindness and generosity of donors reflect the compassionate spirit of
our Nation.
During National Donate Life Month, we celebrate the life-saving work of
medical professionals and researchers and the many others whose actions
reflect our commitment to a brighter tomorrow. Individuals can visit
organdonor.gov to learn more about organ and tissue donation and how
they can give the gift of life.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 2008 as National
Donate Life Month. I call upon health care professionals, volunteers,
educators, government agencies, faith-based and community groups, and
private organizations to help raise awareness of the urgent need for
organ and tissue donors throughout our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of April,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8232 of April 1, 2008
National Fair Housing Month, 2008
By the President of the United States of America
A Proclamation
During National Fair Housing Month, our Nation commemorates the 40th
anniversary of the Fair Housing Act and reaffirms our dedication to
maintaining equal access to housing for every American.
[[Page 22]]
On April 11, 1968, President Lyndon B. Johnson signed the Fair Housing
Act. This important legislation was one of a series of civil rights laws
that sought to secure the rights of individuals and extend the full
blessings of liberty to all Americans. The Fair Housing Act prohibits
discrimination in the sale, rental, and financing of housing and, in
doing so, furthers the ideals championed by Dr. Martin Luther King, Jr.,
and other heroes of the civil rights movement.
Our Nation has come a long way, yet our journey to justice is not
complete. While the housing market works through this difficult period,
my Administration remains steadfast in its commitment to help
responsible homeowners, to end discrimination, and to work to ensure
that all citizens have access to housing. During National Fair Housing
Month, we acknowledge our responsibility to ensure that all Americans
enjoy the opportunities that this great land of liberty offers.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 2008 as National
Fair Housing Month. I call upon the people of the United States to learn
more about their rights and responsibilities under the Fair Housing Act.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of April,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8233 of April 4, 2008
National Tartan Day, 2008
By the President of the United States of America
A Proclamation
Americans of Scottish descent have made enduring contributions to our
Nation with their hard work, faith, and values. On National Tartan Day,
we celebrate the spirit and character of Scottish Americans and
recognize their many contributions to our culture and our way of life.
Scotland and the United States have long shared ties of family and
friendship, and many of our country's most cherished customs and ideals
first grew to maturity on Scotland's soil. The Declaration of Arbroath,
the Scottish Declaration of Independence signed in 1320, embodied the
Scots' strong dedication to liberty, and the Scots brought that
tradition of freedom with them to the New World. Sons and daughters of
many Scottish clans were among the first immigrants to settle in
America, and their determination and optimism helped build our Nation's
character. Several of our Founding Fathers were of Scottish descent, as
have been many Presidents and Justices of the United States Supreme
Court. Many Scottish Americans, such as Andrew Carnegie, were great
philanthropists, founding and supporting numerous scientific,
educational, and civic institutions. From the evocative sounds of the
bagpipes to the great sport of golf, the Scots have also left an
indelible mark on American culture.
[[Page 23]]
National Tartan Day is an opportunity to celebrate all Americans who
claim Scottish ancestry, and we are especially grateful for the service
in our Armed Forces of Scottish Americans who have answered the call to
protect our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 6, 2008, as National
Tartan Day. I call upon all Americans to observe this day by celebrating
the continued friendship between the people of Scotland and the United
States and by recognizing the contributions of Scottish Americans to our
Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8234 of April 8, 2008
National Former Prisoner of War Recognition Day, 2008
By the President of the United States of America
A Proclamation
America is blessed to have brave men and women willing to step forward
to defend our freedoms and keep us safe. The members of the United
States Armed Forces have proudly held fast against determined and
ruthless enemies, protected our citizens from harm, and freed millions
from oppression. On National Former Prisoner of War Recognition Day, we
pay tribute to the courageous and selfless individuals who were taken
captive while serving the cause of peace and securing liberty across the
globe.
America's former prisoners of war set an example of vision, valor, and
unshakeable love of country that inspires our citizens. Through
unspeakable conditions, they upheld their oath to defend America with
honor and dignity. Their extraordinary spirit, patriotism, and resolve
helped defeat tyranny and build democratic and just societies, enabling
decent men and women around the world to live in freedom.
Our Nation is extremely proud of our former prisoners of war, and we owe
them and their families a debt we can never fully repay. On National
Former Prisoner of War Recognition Day, we honor our country's heroes
who were prisoners of war, recognize their sacrifice, and express our
deepest gratitude to those who helped write a more hopeful chapter in
our history.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 9, 2008, as National
Former Prisoner of War Recognition Day. I call upon the people of the
United States to join me in honoring the service and sacrifices of all
of
[[Page 24]]
America's former prisoners of war. I call upon Federal, State, and local
government officials and private organizations to observe this day with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8235 of April 9, 2008
National D.A.R.E. Day, 2008
By the President of the United States of America
A Proclamation
For 25 years, Drug Abuse Resistance Education (D.A.R.E.) has given
school children across America an opportunity to gain the skills they
need to avoid involvement in drugs, gangs, and violence. On National
D.A.R.E. Day, we recognize those individuals who teach America's
children how to resist peer pressure and live productive, drug-free, and
violence-free lives.
Millions of our Nation's young people have learned about the dangerous
effects of drug abuse with the help of the D.A.R.E. program. Parents,
law enforcement officials, teachers, and counselors are on the front
lines of this effort and are sending our kids a clear message that drug
use is dangerous and unacceptable. In classrooms across the country,
police officers are answering students' tough questions about drugs and
crime and encouraging an open line of communication between students and
law enforcement.
My Administration is committed to reducing drug use among young people,
and we are working to cut the supply of drugs coming into our country
and fight demand here at home. Additionally, we are helping spread the
message of drug prevention through the National Youth Anti-Drug Media
Campaign and the Partnership for a Drug-Free America. The Helping
America's Youth initiative, led by First Lady Laura Bush, is working
with community leaders to address challenges facing young people on a
daily basis. These and other efforts are helping to combat the
destructive cycle of drug addiction.
All Americans have a responsibility to encourage others to turn away
from drug abuse and to make good choices in life. During National
D.A.R.E. Day, we renew our commitment to providing our youth the
knowledge and encouragement they need to resist the pressures that can
lead them to experiment with drugs and violent activities. By working
together, we can help our children build lives of purpose and strengthen
our communities, one heart and one soul at a time.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 10, 2008, as
National D.A.R.E. Day. I urge all young people to make right choices and
call upon all Americans to recognize our collective responsibility to
combat every
[[Page 25]]
form of drug abuse and to support all those who work to help our
children avoid drug use and violence.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of April,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8236 of April 10, 2008
Pan American Day and Pan American Week, 2008
By the President of the United States of America
A Proclamation
On Pan American Day and during Pan American Week, we underscore the
importance of a peaceful, democratic, and prosperous Western Hemisphere
where our common values continue to strengthen friendships, advance
freedom, and encourage fair trade.
The love of liberty is deeply rooted in our hemisphere. In the earliest
days of our Republic, the people of the United States inspired patriots
throughout the Americas to take their own stand for independence. Today,
the decent and honorable people of both American continents are united
in the desire for freedom and democracy. The United States stands with
those who respect human rights and those who seek to bring change and
hope to their countries. We look forward to the day when all of the
Americas are wholly free and democratic.
My Administration remains committed to helping our friends as they
advance the cause of justice and economic opportunity throughout the
Western Hemisphere. Through Millennium Challenge Compacts, we support
development in countries that govern justly, invest in their people, and
promote economic freedom. In addition, the Dominican Republic-Central
America-United States Free Trade Agreement, signed in 2005, has opened
markets and created opportunities for American businesses, strengthened
economic ties with our neighbors to the south, and brought hope to
people so that they can better care for themselves and for their
families. In December of 2007, I signed the United States-Peru Trade
Promotion Agreement Implementation Act to bring economic gains for both
of our countries, empower workers, and foster accountability and the
rule of law. We seek to build on these successes by working with the
Congress to approve the United States-Colombia Trade Promotion Agreement
and the United States-Panama Trade Promotion Agreement. These and other
free trade agreements enhance prosperity in the United States and signal
our firm support for those who share our values of freedom and
democracy.
As we recognize Pan American Day and Pan American Week, we will continue
to work together to advance our common interests and build a future in
which opportunity reaches into every community.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim April 14, 2008, as Pan
[[Page 26]]
American Day and April 13 through April 19, 2008, as Pan American Week.
I urge the Governors of the 50 States, the Governor of the Commonwealth
of Puerto Rico, and the officials of other areas under the flag of the
United States of America to honor these observances with appropriate
ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of April,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8237 of April 11, 2008
National Crime Victims' Rights Week, 2008
By the President of the United States of America
A Proclamation
During National Crime Victims' Rights Week we highlight our dedication
to protecting and strengthening the rights of crime victims and their
families.
My Administration is committed to providing services and resources for
victims of crime so that they can find justice, hope, and healing in
their lives. To assist victims of domestic violence and their children,
my Family Justice Center Initiative established comprehensive support
centers in communities across the country. Through the Justice for All
Act of 2004, we expanded DNA testing and enhanced the scope and
enforceability of crime victims' rights. In 2006, I signed into law the
Adam Walsh Child Protection and Safety Act to expand the National Sex
Offender Registry, increase Federal penalties for crimes against
children, and protect our children while on the Internet. I also support
a Crime Victims' Rights Amendment to the Constitution. Through these and
other efforts, we can better protect our citizens and our communities.
During National Crime Victims' Rights Week, we recognize the advocates,
counselors, and others who assist victims in their time of need, and the
law enforcement personnel who work to bring offenders to justice. To
learn more about victims' rights, Americans can visit
www.crimevictims.gov. By working together, we can help protect crime
victims and build a society that respects the life and value of every
person.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 13 through April 19,
2008, as National Crime Victims' Rights Week. I encourage all Americans
to promote awareness of victims' rights and advance this important
cause.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[[Page 27]]
Proclamation 8238 of April 15, 2008
Education and Sharing Day, U.S.A., 2008
By the President of the United States of America
A Proclamation
A hopeful society helps ensure that its citizens develop the character,
knowledge, and skills they need to succeed. On Education and Sharing
Day, we underscore our dedication to encouraging our Nation's youth to
build a solid foundation for a lifetime of accomplishment.
Education and Sharing Day pays tribute to the unique efforts of Rabbi
Menachem Mendel Schneerson, the Lubavitcher Rebbe. The Rebbe helped
create numerous education and outreach centers, which continue to
provide social service programs and humanitarian aid at home and around
the globe.
On this day and throughout the year, we encourage our children to set
high goals, make the right choices, and put character first. By
instilling respect, responsibility, civic duty, compassion, and honesty
in our youth, we can help more of our citizens realize the great promise
of America.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 16, 2008, as
Education and Sharing Day, U.S.A. I call upon government officials,
educators, volunteers, and all the people of the United States to reach
out to young people and work to create a better, brighter, and more
hopeful future for all.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8239 of April 15, 2008
National Park Week, 2008
By the President of the United States of America
A Proclamation
President Franklin D. Roosevelt once said, ``There is nothing so
American as our National Parks.'' During National Park Week, we
underscore our commitment to conserving these magnificent places and
recognize the many employees and volunteers who give their time and
energy to keep them beautiful for all Americans to enjoy.
This year's theme for National Park Week, ``Kids In Parks,'' highlights
youth programs and initiatives offered by the National Park Service to
encourage children to be good stewards of the land. The Junior Ranger
program is one such program that encourages America's youth to explore,
protect, and learn about our national parks. Today, many national parks
have
[[Page 28]]
active Junior Ranger programs. By visiting nps.gov/webrangers, young
people can sign up to become WebRangers, enabling them to learn about
different parks, monuments, and historic sites right from their homes.
Across the United States, the Federal Government plays a vital role in
protecting our natural and historical treasures. My Administration
launched the National Park Centennial Initiative to preserve and enhance
these scenic wonders and to prepare for the 100th anniversary of the
National Park Service in 2016. Serving as the Honorary Chair of the
National Park Foundation, First Lady Laura Bush has also played a
significant role in preserving our national parks. The First Lady is
actively involved in programs such as First Bloom, which teaches
children how to preserve native plants across America. In addition, this
past Christmas, the White House highlighted our national parks with the
theme ``Holiday in the National Parks.''
Our National Parks belong to each of us, and they are natural places to
learn, exercise, volunteer, spend time with family and friends, and
enjoy the magnificent beauty of our great land. During National Park
Week and throughout the year, Americans of all ages can pledge to help
maintain and enhance America's national treasures for future
generations.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 19 through April 27,
2008, as National Park Week. I invite all my fellow citizens to join me
in celebrating America's national parks by visiting these wonderful
spaces, discovering all they have to offer, and becoming active
participants in park conservation.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8240 of April 17, 2008
To Take Certain Actions Under the African Growth and Opportunity Act and
the Generalized System of Preferences and for Other Purposes
By the President of the United States of America
A Proclamation
1. Section 506A(a)(1) of the Trade Act of 1974, as amended (the ``1974
Act'') (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the
African Growth and Opportunity Act (title I of Public Law 106-200)
(AGOA), authorizes the President to designate a country listed in
section 107 of the AGOA (19 U.S.C. 3706) as a ``beneficiary sub-Saharan
African country'' if the President determines that the country meets the
eligibility requirements set forth in section 104 of the AGOA (19 U.S.C.
3703), as well as the eligibility criteria set forth in section 502 of
the 1974 Act (19 U.S.C. 2462).
[[Page 29]]
2. Section 104 of the AGOA authorizes the President to designate a
country listed in section 107 of the AGOA as an ``eligible sub-Saharan
African country'' if the President determines that the country meets
certain eligibility requirements.
3. Section 112(c) of the AGOA, as amended in section 6002 of the Africa
Investment Incentive Act of 2006 (Division D, Title VI, Public Law 109-
432) (19 U.S.C. 3721(c)), provides special rules for certain apparel
articles imported from ``lesser developed beneficiary sub-Saharan
African countries.''
4. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the
1974 Act, I have determined that the Republic of Togo (Togo) meets the
eligibility requirements set forth or referenced therein, and I have
decided to designate Togo as an eligible sub-Saharan African country and
as a beneficiary sub-Saharan African country.
5. I further determine that Togo satisfies the criterion for treatment
as a ``lesser developed beneficiary sub-Saharan African country'' under
section 112(c)(5)(D) of the AGOA, as amended.
6. Presidential Proclamation 8114 of March 19, 2007, implemented section
112 of the AGOA, as amended. Technical corrections to the Harmonized
Tariff Schedule of the United States (HTS) are necessary to implement
the intended tariff treatment.
7. Pursuant to sections 501 and 502(a) of the 1974 Act (19 U.S.C. 2461,
2462(a)), the President is authorized to designate countries as
beneficiary developing countries, and to designate any beneficiary
developing country as a least-developed beneficiary developing country,
for purposes of the Generalized System of Preferences (GSP) program.
8. In Executive Order 12302 of April 1, 1981, the President designated
the Solomon Islands as a beneficiary developing country for purposes of
the GSP program. Pursuant to section 502(a)(2) of the 1974 Act, and
having considered the factors set forth in sections 501 and 502(c), I
have determined that the Solomon Islands should be designated as a
least-developed beneficiary developing country for purposes of the GSP
program.
9. In calendar year 2006, imports from Jamaica under subheading
2202.90.37 of the HTS exceeded the relevant competitive need limitation
(CNL) set forth in 19 U.S.C. 2463(c)(2). Pursuant to section
503(c)(2)(A) of the 1974 Act, where imports of articles exceed the
relevant CNL in a calendar year, the President shall withdraw duty-free
treatment for such article by July 1 of the following year and modify
the HTS accordingly.
10. On January 6, 1987, Colombia was granted a waiver of the CNL for
imports under HTS subheading 1701.11.05. Despite the existing waiver of
the CNL, on July 5, 2001, duty-free treatment was withdrawn in error for
imports from Colombia under HTS subheading 1701.11.05 because import
levels exceeded the relevant CNL in calendar year 2000. A technical
correction to the HTS is required to reflect the waiver of the CNL for
imports from Colombia under HTS subheading 1701.11.05.
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11. In Presidential Proclamation 8097 of December 29, 2006, I modified
the HTS pursuant to section 1206(a) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 3006(a)) to conform the HTS to
the International Convention on the Harmonized Commodity Description and
Coding System (the ``Convention''). Additional conforming changes to the
HTS are required to implement the intended tariff treatment.
12. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, authorizes
the President to embody in the HTS the substance of relevant provisions
of that Act, or other acts affecting import treatment, and of actions
taken thereunder.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
section 104 of the AGOA and title V and section 604 of the 1974 Act (19
U.S.C. 2461-67, 2483), do proclaim that:
(1) Togo is designated as an eligible sub-Saharan African country and as
a beneficiary sub-Saharan African country for purposes of the AGOA.
(2) In order to reflect this designation in the HTS, general note 16(a)
to the HTS is modified by inserting in alphabetical sequence in the list
of beneficiary sub-Saharan African countries ``Republic of Togo,''
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the thirtieth day after the date of this
proclamation.
(3) For purposes of section 112(c) of the AGOA, as amended, Togo is a
lesser developed beneficiary sub-Saharan African country.
(4) In order to provide the tariff treatment intended under section 112
of the AGOA, as amended, the HTS is modified as set forth in the Annex
to this proclamation.
(5) The Solomon Islands is designated as a least-developed beneficiary
developing country for purposes of the GSP program.
(6) In order to reflect this designation in the HTS, general note
4(b)(i) is modified by adding in alphabetical order ``The Solomon
Islands,'' effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the sixty-fifth day after the
date of this proclamation.
(7) For purposes of the GSP program, in order to provide the intended
tariff treatment for imports from Jamaica, under HTS subheading
2202.90.37, general note 4(d) is modified by adding in numerical order
``2202.90.37'' and by inserting ``Jamaica'' next to ``2202.90.37.''
(8) For purposes of the GSP program, in order to provide the intended
tariff treatment for imports from Colombia, under HTS subheading
1701.11.05, general note 4(d) is modified by deleting ``Colombia'' from
the list of countries enumerated next to HTS subheading ``1701.11.05.''
(9) In order to conform the HTS to the Convention, additional U.S. note
3(d) to subchapter XX of chapter 98 and additional U.S. note 4(d) to
subchapter XXI of chapter 98 of the HTS are each modified by deleting
``5402.10.30, 5402.10.60,'' each place it occurs and by inserting in
lieu thereof ``5402.11.30, 5402.11.60, 5402.19.30, 5402.19.60,'' in each
case.
[[Page 31]]
(10) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[GRAPHIC] [TIFF OMITTED] TD21AP08.011
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Proclamation 8241 of April 17, 2008
Small Business Week, 2008
By the President of the United States of America
A Proclamation
In communities across America, small business owners are working hard to
turn their dreams into enterprises. Small Business Week is a time to
celebrate the many achievements of small business owners, entrepreneurs,
and employees, who contribute to the vitality and prosperity of our
Nation and create new job opportunities for our citizens.
Small businesses are the backbone of the American economy, and my
Administration is committed to fostering an environment in which the
entrepreneurial spirit can thrive. By keeping taxes low, we leave more
money in the hands of Americans to save, spend, and invest. This year,
we have also temporarily expanded incentives to help small businesses
invest in new equipment and expand their enterprises. We have also
expanded market access and opened new markets for American goods and
services abroad, helping our small businesses compete in the global
economy. To make health care more affordable and accessible, we continue
to support Association Health Plans so small businesses can band
together to get the same discounts that big companies receive.
The underpinnings of our economy are strong, competitive, and resilient
enough to overcome the challenges we face, and in the long run,
Americans can be confident that our economy will continue to grow.
During Small Business Week and throughout the year, we recognize the
determination and ingenuity of America's workers and entrepreneurs who
play a vital role in building a more prosperous future for our country.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 20 through April 26,
2008, as Small Business Week. I call upon all Americans to observe this
week with appropriate ceremonies, activities, and programs that
celebrate the achievements of small business owners and their employees
and encourage the development of new small businesses.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[[Page 33]]
Proclamation 8242 of April 21, 2008
National Day of Prayer, 2008
By the President of the United States of America
A Proclamation
America trusts in the abiding power of prayer and asks for the wisdom to
discern God's will in times of joy and of trial. As we observe this
National Day of Prayer, we recognize our dependence on the Almighty, we
thank Him for the many blessings He has bestowed upon us, and we put our
country's future in His hands.
From our Nation's humble beginnings, prayer has guided our leaders and
played a vital role in the life and history of the United States.
Americans of many different faiths share the profound conviction that
God listens to the voice of His children and pours His grace upon those
who seek Him in prayer. By surrendering our lives to our loving Father,
we learn to serve His eternal purposes, and we are strengthened,
refreshed, and ready for all that may come.
On this National Day of Prayer, we ask God's continued blessings on our
country. This year's theme, ``Prayer! America's Strength and Shield,''
is taken from Psalm 28:7, ``The Lord is my strength and my shield; my
heart trusts in him, and I am helped.'' On this day, we pray for the
safety of our brave men and women in uniform, for their families, and
for the comfort and recovery of those who have been wounded.
The Congress, by Public Law 100-307, as amended, has called on our
Nation to reaffirm the role of prayer in our society by recognizing each
year a ``National Day of Prayer.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 1, 2008, as a National Day of Prayer. I
ask the citizens of our Nation to give thanks, each according to his or
her own faith, for the freedoms and blessings we have received and for
God's continued guidance, comfort, and protection. I invite all
Americans to join in observing this day with appropriate programs,
ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8243 of April 22, 2008
Older Americans Month, 2008
By the President of the United States of America
A Proclamation
During Older Americans Month, we recognize the many ways older citizens
have enriched our Nation through their character, wisdom, and love.
[[Page 34]]
Our country remains strong because of the foundation our elders have
helped lay. This year's Older Americans Month theme, ``Working Together
for Strong, Healthy, and Supportive Communities,'' highlights the
importance of building partnerships to ensure that older Americans are
able to live with dignity and independence.
Every week thousands of older Americans give back to their communities
by volunteering through groups like Senior Corps. From teaching young
children how to read, to helping provide relief to those affected by
natural disasters, seniors play an important and compassionate role in
our Nation.
My Administration is dedicated to ensuring that our seniors are treated
with the respect they have earned. They deserve to have choices and
access to the best possible health care, so we have added new preventive
care measures and prescription drug benefits as part of our effort to
modernize Medicare and make medication more affordable. In this way and
many others, our country honors our elders' legacy and recognizes their
countless contributions to our Nation.
America's seniors provide an example for younger generations, and during
Older Americans Month, we reflect on their efforts toward building a
stronger and brighter future for all. Our country remains forever in
their debt, as they have provided a guiding light for the rest of the
Nation to follow.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 2008 as Older
Americans Month. I commend older Americans for the many contributions
they have made and continue to make to our Nation. I also commend the
Federal, State, local, and tribal organizations, service and health care
providers, caregivers, and volunteers who dedicate their time and
talents to our seniors. I encourage all citizens to honor their elders,
care for those in need, and reaffirm our country's commitment to older
Americans this month and throughout the year.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8244 of April 22, 2008
National Volunteer Week, 2008
By the President of the United States of America
A Proclamation
Through countless acts of kindness, volunteers across America are
changing our Nation for the better. During National Volunteer Week, we
recognize those who take the time to help their fellow citizens realize
the full potential of America.
[[Page 35]]
Through volunteer work, Americans can demonstrate the kindness and
generosity that make our Nation great. Mentoring a child, teaching
someone to read, visiting the elderly, feeding the hungry, and finding
shelter for the homeless are all examples of how Americans can and do
aid those in need. Americans are volunteering in record numbers. Each
year, millions of Americans volunteer, and more of our fellow citizens
are discovering that the pursuit of happiness leads to the path of
service. The cumulative effort of the love and compassion from our
Nation's volunteers will help secure a more hopeful future for all our
citizens.
My Administration remains committed to building a culture of service,
citizenship, and responsibility. The USA Freedom Corps strengthens civic
engagement and volunteer service in America and helps people connect
with volunteer opportunities. By visiting the USA Freedom Corps website
at volunteer.gov, individuals can find information about ways they can
help in their local areas and across the country.
The strength of America comes from its compassionate and loving
citizens. National Volunteer Week is an opportunity to show appreciation
for our Nation's volunteers. The time and energy they dedicate to
helping those in need reflect the true spirit of America.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 27 through May 3,
2008, as National Volunteer Week. I call upon all Americans to recognize
and celebrate the important work that volunteers do every day throughout
our country. I also encourage citizens to explore ways to help their
neighbors in need and serve a cause greater than self.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8245 of April 22, 2008
Loyalty Day, 2008
By the President of the United States of America
A Proclamation
Americans believe that every man, woman, and child has unalienable
rights, dignity, and matchless value. Advancing these ideals was the
honorable vision of our Founders and the mission that helped shape this
great country. On Loyalty Day, we celebrate the legacy of freedom and
the shared ideals that bind us together.
Our Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen demonstrate
their love of country by stepping forward when America needs them most.
By putting our country's security before their own, the men and women of
the Armed Forces have strengthened our Nation and brought hope to
millions around the world. All Americans are grateful to the members of
the
[[Page 36]]
military and their families for their service, sacrifice, and
dedication, and we are proud of their accomplishments.
Through their good works, our Nation's volunteers bear witness to their
steadfast love for America, as exemplified in their commitment to
service and good citizenship. Loyalty to this country brings with it a
commitment to aid our family, friends, and fellow citizens all across
this broad and welcoming land. These volunteers demonstrate their
gratitude for the blessings of freedom by helping build a more hopeful
future for our children and grandchildren. All Americans can put their
loyalty into practice by learning more about the history of our country,
flying the American flag, and contributing to our communities.
Two hundred and thirty-two years after the founding of our country, we
remain committed to advancing freedom and renewing the values that
sustain our liberty. Through the spirit and determination of our people,
our Nation will prosper and our liberty will be secure.
The Congress, by Public Law 85-529, as amended, has designated May 1 of
each year as ``Loyalty Day.'' This Loyalty Day, and throughout the year,
I ask all Americans to join me in reaffirming our allegiance to our
Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 1, 2008, as Loyalty Day. I call upon all
people of the United States to join in support of this national
observance and to display the flag of the United States on Loyalty Day
as a symbol of pride in our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8246 of April 25, 2008
Malaria Awareness Day, 2008
By the President of the United States of America
A Proclamation
On Malaria Awareness Day, our Nation recognizes all who suffer from this
devastating disease, and we remember the lives lost to an illness that
is entirely preventable and treatable. Today, we renew our commitment to
lead the world toward the urgent goal and noble mission of turning the
tide against malaria in Africa and around the world.
My Administration and our partners are working together to save lives in
Africa through the President's Malaria Initiative. On a recent trip to
Africa, First Lady Laura Bush and I personally saw this Initiative
working and making incredible progress against malaria. By distributing
insecticide-treated bed nets, expanding indoor insecticide spraying,
providing cutting-edge drugs to those in need, and empowering African
leaders to determine the best strategy for their country, we have
brought an extraordinary
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achievement within reach: together, we can eradicate a disease that has
claimed the lives of children for centuries. Millions of lives are being
saved because of the kindness and generosity of the American people, and
we will continue to work to ensure that our aggressive and comprehensive
strategy achieves its goal.
America is a compassionate country that feeds the hungry and protects
the vulnerable because we believe every human life has inherent dignity
and matchless value. As the people of Africa continue their struggle
against malaria, we offer our support and steadfast commitment. We call
on all nations to join us in a great humanitarian effort.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 25, 2008, as Malaria
Awareness Day. I encourage Americans to answer the universal call to
love a neighbor and join in our goal of eliminating malaria on the
African continent and elsewhere.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8247 of April 29, 2008
Asian/Pacific American Heritage Month, 2008
By the President of the United States of America
A Proclamation
Americans who trace their ancestry to Asia and the Pacific Islands have
contributed much to our Nation. During Asian/Pacific American Heritage
Month, we highlight their importance to our great Nation.
Asian/Pacific Americans have made our country better with their talents
and hard work. Their values and commitment to family and community have
helped shape and strengthen America. These citizens speak many
languages, honor countless traditions, and practice different faiths,
but they are bound by a shared commitment to freedom and liberty. The
diversity among Asian/Pacific Americans adds to the cultural fabric of
our society.
Asian/Pacific Americans have enriched our culture, excelling in many
fields, including education, business, science, technology, government,
sports, and the arts. We especially honor those Asian/Pacific Americans
who have answered the call to protect the cause of freedom by serving in
our Armed Forces. These brave men and women set a powerful example for
all Americans.
As we celebrate Asian/Pacific American Heritage Month, we are reminded
of the richness of the Asian and Pacific cultures. Asian/Pacific
Americans enhance the American experience and contribute to our
country's legacy of diversity.
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To honor the achievements and contributions of Asian/Pacific Americans,
the Congress, by Public Law 102-450, as amended, has designated the
month of May each year as ``Asian/Pacific American Heritage Month.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 2008 as Asian/Pacific American Heritage
Month. I call upon the people of the United States to learn more about
the history of Asian/Pacific Americans and their many contributions to
our Nation and to observe this month with appropriate programs and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8248 of April 29, 2008
Jewish American Heritage Month, 2008
By the President of the United States of America
A Proclamation
Jewish American Heritage Month is an opportunity to celebrate the
history, culture, and faith of Jewish Americans and their contributions
to our Nation.
The story of the Jewish people in America is the story of America
itself. When the first Jewish settlers arrived on our shores hundreds of
years ago, they saw a land of promise and liberty. With hard work and
determination, these individuals helped build our country and strengthen
our values. Their commitment to religious freedom and their belief in
democracy have enriched our society and helped make our country a beacon
of hope for all.
Many Jewish Americans have served in our military with valor and
distinction in times of war and peace. We pay special tribute to all
those who stepped forward when our country needed them most. These
American heroes confronted grave dangers to protect our Nation.
During Jewish American Heritage Month and throughout the year, we honor
Jewish Americans who played an integral role in shaping the cultural
fabric of our Nation. Their spirit and talents have helped America
succeed and prosper, and their efforts continue to remind us of the many
blessings of this great country.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 2008 as Jewish
American Heritage Month. I call upon all Americans to observe this month
with appropriate programs and activities to honor Jewish Americans
across the country.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
Proclamation 8249 of April 29, 2008
National Physical Fitness and Sports Month, 2008
By the President of the United States of America
A Proclamation
Health and fitness are personal responsibilities and important national
goals for our citizens. During National Physical Fitness and Sports
Month, we highlight the benefits of exercise and the value of
participating in sports.
It is important for all Americans to participate in activities that help
maintain a healthy lifestyle. Outdoor activities such as walking,
running, swimming, and biking are good for the mind, body, and soul.
Regular physical activity and healthy eating habits can help reduce
stress and lower the risk for many chronic health conditions such as
heart disease, diabetes, and depression.
My Administration is committed to encouraging all Americans to remain
physically active. Through the President's Council on Physical Fitness
and Sports, the National President's Challenge allows participants of
all ages to set a fitness goal and keep track of their progress as they
work to achieve it. To get more information, or to sign up to
participate, people can visit presidentschallenge.org. By getting
involved and exercising for 30 minutes a day, 5 days a week, Americans
can improve their health and happiness and set a positive example for
others.
During National Physical Fitness and Sports month and throughout the
year, I encourage all Americans to make physical fitness a priority in
their lives.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 2008 as National
Physical Fitness and Sports Month. I call upon my fellow citizens to
recognize the importance of exercise and participate in athletic
activities. I also encourage individuals, schools, and communities to
celebrate this month with appropriate activities and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[[Page 40]]
Proclamation 8250 of April 30, 2008
Law Day, U.S.A., 2008
By the President of the United States of America
A Proclamation
The right of ordinary men and women to determine their own future,
protected by the rule of law, lies at the heart of America's founding
principles. As our country celebrates the 50th anniversary of Law Day,
we renew our commitment to the ideals on which this great Nation was
established and to a robust system of ordered liberty.
The American legal system is central to protecting the rights and
freedoms our Nation holds dear. The theme of this year's Law Day, ``The
Rule of Law: Foundation for Communities of Opportunity and Equity,''
recognizes the fundamental role that the rule of law plays in preserving
liberty in our Nation and in all free societies. We pay tribute to the
men and women in America's legal community. Through hard work and
dedication to the rule of law, members of the judiciary and the legal
profession help secure the rights of individuals, bring justice to our
communities, and reinforce the proud traditions that make America a
beacon of light for the world.
Nearly 800 years ago, the Magna Carta placed the authority of government
under the rule of law; centuries later, the Declaration of Independence
and the United States Constitution marked tremendous advances in the
march of liberty. These documents established enduring principles that
guide modern democracies. Today, we are reminded of that past and look
toward a hopeful future as we work to secure the liberty that is the
natural right of every man, woman, and child.
On Law Day, U.S.A., our Nation celebrates our belief in the equality of
each person before God and renews our commitment to strive to bring
America ever closer to its founding ideals.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, in accordance with Public Law 87-20, as amended, do hereby
proclaim May 1, 2008, as Law Day, U.S.A. I call upon all the people of
the United States to observe this day with appropriate ceremonies and
activities. I also call upon Government officials to display the flag of
the United States in support of this national observance.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
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Proclamation 8251 of May 2, 2008
National Charter Schools Week, 2008
By the President of the United States of America
A Proclamation
Education is the cornerstone of a hopeful tomorrow. During National
Charter Schools Week, we highlight the contributions of charter schools
to ensuring that our Nation's future leaders have the skills and
knowledge necessary for a lifetime of achievement.
Charter schools are educational alternatives that empower families with
additional choices for their children. By providing flexibility to
educators while insisting on results, charter schools are helping foster
a culture of educational innovation, accountability, and excellence.
Charter schools also encourage parental involvement and help contribute
to the national effort to close the achievement gap.
The No Child Left Behind Act has played a central role in America's
efforts to improve our public schools and expand the opportunities
available to our children. In 2007, American students reached record
achievement levels on reading and math tests, and the achievement gap is
beginning to close. Charter schools have been an important part of this
success. National Charter Schools Week is an opportunity to recognize
the strength, vitality, and excellence of outstanding schools.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 4 through May 10,
2008, as National Charter Schools Week. I applaud our Nation's charter
schools and all those who make them a success, and I call on parents of
charter school students to share their success stories and help
Americans understand more about the important work of charter schools.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of May,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8252 of May 5, 2008
Military Spouse Day, 2008
By the President of the United States of America
A Proclamation
Military spouses embody the courage, nobility of duty, and love of
country that inspire every American. On Military Spouse Day, we pay
tribute to the husbands and wives who support their spouses in America's
Armed Forces during times of war and peace.
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The legacy of military spouses began when colonial Americans were
fighting for independence. Martha Washington boosted the morale of her
husband's troops by visiting battlefields and tending to the wounded.
Since then, members of our Armed Forces have served our Nation
accompanied by the steadfast love and support of their spouses and
families.
While our men and women in uniform are protecting our country's founding
ideals of liberty, democracy, and justice, their spouses live with
uncommon challenges, endure sleepless nights, and spend long periods
raising children alone. Many military spouses are also committed
volunteers, serving other military families and local communities. Our
Nation benefits from the sacrifices of our military families, and we are
inspired by their courage, strength, and leadership.
On Military Spouse Day and throughout the year, we honor the commitment
spouses have made to freedom's cause. To learn about ways to support our
troops and their spouses and families, I encourage all Americans to
visit www.americasupportsyou.mil.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 9, 2008, as Military
Spouse Day. I call upon the people of the United States to observe this
day with appropriate ceremonies and activities and by expressing their
gratitude to the husbands and wives of those serving in the United
States Armed Forces.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of May,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8253 of May 8, 2008
Mother's Day, 2008
By the President of the United States of America
A Proclamation
On Mother's Day, we honor the grace, wisdom, and strength of our
mothers, and we celebrate the special bonds shared between mothers and
their children.
Mothers work tirelessly to help their children build healthy and
successful lives. Through their positive examples and countless acts of
kindness, mothers teach the values of generosity and compassion and the
importance of family and community. As President Ronald Reagan said,
``From our mothers, we first learn about values and caring and the
difference between right and wrong.'' By providing a nurturing
environment where their children can grow in confidence and character,
mothers lay the foundation for the next generation of Americans to
realize their full potential.
Our Nation is grateful for the sacrifices mothers make every day and for
the unconditional love they give their children. We are especially
thankful
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for the mothers who support their sons and daughters serving in our
Armed Forces and for the mothers who bring honor to the uniform of the
United States by defending our freedom at home and abroad.
Every child blessed with a mother's love has been given one of life's
great gifts. On this Mother's Day, we recognize the extraordinary
contributions America's mothers make to their children, their families,
and our country.
To honor mothers, the Congress, by a joint resolution approved May 8,
1914, as amended (38 Stat. 770), has designated the second Sunday in May
each year as ``Mother's Day'' and has requested the President to call
for its appropriate observance. May God bless mothers across America on
this special day and throughout the year.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 11, 2008, as Mother's Day. I encourage
all Americans to show their gratitude and love to mothers for making a
difference in the lives of their children, families, and communities. I
call upon citizens to observe this day with appropriate programs,
ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of May,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8254 of May 9, 2008
National Defense Transportation Day and National Transportation Week,
2008
By the President of the United States of America
A Proclamation
America's transportation system strengthens our national security and
keeps our country moving. On National Defense Transportation Day and
during National Transportation Week, we thank the men and women of the
transportation industry for their efforts to ensure that our Nation's
infrastructure operates effectively and efficiently.
Innovation, investment, and imagination have enabled new modes of
transportation to revolutionize the world. Today, businesses can deliver
goods and services faster than ever, first responders can quickly bring
hope and healing to those in need, and people can visit loved ones
across the country or around the globe. The Armed Forces utilize modern
transportation to deploy troops, move supplies, and bring our heroes
home from the front lines. We are grateful for the hard work of all
transportation professionals.
My Administration supports the continued creation of safer, more secure,
and more reliable roadways, bridges, airports, seaports, and mass
transit systems. We are addressing the challenges facing our
transportation system today, helping lay the groundwork for future
demands, and giving State and local authorities the flexibility to solve
transportation problems in their
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communities. By promoting research in advanced transportation
technologies, my Administration is also working to help end our reliance
on foreign sources of energy, improve our environment, and strengthen
our economic and national security.
To recognize the men and women who work in the transportation industry
and who contribute to our Nation's well-being and defense, the Congress,
by joint resolution approved May 16, 1957, as amended (36 U.S.C. 120),
has requested that the President designate the third Friday in May of
each year as ``National Defense Transportation Day,'' and, by joint
resolution approved May 14, 1962, as amended (36 U.S.C. 133), that the
week during which that Friday falls be designated as ``National
Transportation Week.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim Friday, May 16, 2008, as National Defense
Transportation Day and May 11 through May 17, 2008, as National
Transportation Week. I encourage all Americans to learn how our modern
transportation system contributes to the security of our citizens and
the prosperity of our country and to celebrate these observances with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of May,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8255 of May 9, 2008
Peace Officers' Memorial Day and Police Week, 2008
By the President of the United States of America
A Proclamation
Across our Nation, law enforcement officers carry the great
responsibility of protecting their fellow citizens. On Peace Officers'
Memorial Day and during Police Week, we honor these brave public
servants who fight crime, violence, and terrorism, and we pay homage to
the heroes who have fallen in the line of duty.
With valor and devotion, our country's law enforcement officers stand
watch on the front lines and help make our communities safer and more
secure. Fulfilling their duties with courage and commitment, they work
tirelessly and put themselves in harm's way, exemplifying the good and
decent character of America.
As we observe Peace Officers' Memorial Day and Police Week, we pause to
pay tribute to those who serve in law enforcement. On this occasion, we
especially remember those who have made the ultimate sacrifice, and we
pray for the families and friends they have left behind. We thank all
the extraordinary American men and women who have answered the call to
serve in law enforcement for their commitment to justice and to their
communities.
[[Page 45]]
By a joint resolution approved October 1, 1962, as amended (76 Stat.
676), and by Public Law 103-322, as amended (36 U.S.C. 136-137), the
President has been authorized and requested to designate May 15 of each
year as ``Peace Officers' Memorial Day'' and the week in which it falls
as ``Police Week,'' and to direct that the flag be flown at half staff
on Peace Officers' Memorial Day.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 15, 2008, as Peace Officers' Memorial
Day and May 11 through May 17, 2008, as Police Week. I call on all
Americans to observe these events with appropriate ceremonies and
activities. I also call on Governors of the United States and the
Commonwealth of Puerto Rico, officials of the other territories subject
to the jurisdiction of the United States, as well as appropriate
officials of all units of government, to direct that the flag be flown
at half staff on Peace Officers' Memorial Day. I further encourage all
Americans to display the flag at half staff from their homes and
businesses on that day.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of May,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8256 of May 15, 2008
National Safe Boating Week, 2008
By the President of the United States of America
A Proclamation
Our Nation's beautiful waterways provide opportunities for recreational
activities for millions of Americans. During National Safe Boating Week,
we raise awareness of the importance of practicing and promoting safe
boating.
Recreational boating is one of America's most popular pastimes, and it
is important for every boater to take proper safety precautions. The
United States Coast Guard encourages citizens to take preventive
measures such as wearing a life jacket, never boating under the
influence of drugs or alcohol, and taking a boating safety course. Too
often, accidents occur on boats where the operator had not received
boating safety instruction. Receiving a vessel safety check once a year
will also help ensure a safe boating experience. To learn important
information about boating, visit uscgboating.org. During National Safe
Boating Week and throughout the year, I urge all Americans to put safety
first when enjoying our country's magnificent waters.
In recognition of the importance of safe boating practices, the
Congress, by joint resolution approved June 4, 1958 (36 U.S.C. 131), as
amended, has authorized and requested the President to proclaim annually
the 7-day period prior to Memorial Day weekend as ``National Safe
Boating Week.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 17 through May 23, 2008, as National
Safe Boating Week. I encourage the Governors of the 50 States and the
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Commonwealth of Puerto Rico, and officials of other areas subject to the
jurisdiction of the United States, to join in observing this week. I
also urge all Americans to learn more about safe boating practices and
always act responsibly while on the water.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
May, in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8257 of May 15, 2008
World Trade Week, 2008
By the President of the United States of America
A Proclamation
Free and fair trade helps secure a future of freedom and promise. During
World Trade Week, we recognize the positive effects of opening markets
around the world. Open markets play an integral role in America's
economic progress, creating better-paying jobs, expanding consumer
choices, and providing increased opportunities for American workers and
employers. Free and fair trade also increases economic growth among our
trading partners.
My Administration is committed to expanding economic freedom worldwide.
We will continue to seek an ambitious outcome in the Doha Round that
will reduce and eliminate tariffs and other barriers on goods and open
new markets for services trade. The Doha Round provides a once-in-a-
generation opportunity to advance open markets, strengthen economic
growth, and help millions rise out of poverty.
We also encourage the Congress to approve our pending trade agreements
with Colombia, Panama, and South Korea. Our free trade agreement with
Colombia is important, because it will support one of our closest allies
in the Western Hemisphere currently under assault from a terrorist
network. Congressional approval of this agreement would make clear
America's unshakeable commitment to advancing the benefits of free
markets and the interests of free people.
Today, nearly 250,000 U.S. firms export U.S. products. Ninety-seven
percent of those exporters are small- or medium-sized businesses. The
number of U.S. small business exporters has more than doubled since
1992. Those businesses have surpassed a quarter of a trillion dollars in
annual export sales.
Free and fair trade helps reinforce our Nation's commitments to
democracy, transparency, and the rule of law. This week and throughout
the year, we recognize the importance of trade in promoting prosperity
and freedom in the United States and around the world.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 18 through May 24,
[[Page 47]]
2008, as World Trade Week. I encourage all Americans to observe this
week with events, trade shows, and educational programs that celebrate
the benefits of trade to our Nation and the global economy.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
May, in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8258 of May 20, 2008
A Day of Solidarity With the Cuban People, 2008
By the President of the United States of America
A Proclamation
Freedom of speech, freedom of assembly, and freedom of worship are among
the liberties that Americans cherish. Our Nation fully supports the
brave people who work to secure these liberties in the countries where
they are denied. And on this Day of Solidarity with the Cuban People, we
focus our attention on the men and women working to secure freedom,
democracy, and human rights for the citizens of Cuba.
For half a century, the Cuban people have suffered under oppressive
dictatorship. Under the rule of Fidel and Raul Castro, Cubans have seen
their political freedoms denied, their economy reduced to shambles, and
their families torn apart. The Cuban people deserve better--and the
American people stand with them as they work to achieve it.
The United States is rallying the free world to the cause of Cuban
liberty. We continue to shine a bright light on the Castro regime's
abuses--and America calls on the Government of Cuba to immediately and
unconditionally release all prisoners of conscience.
We keep these prisoners, their families, and all Cubans in our prayers.
Especially on this Day of Solidarity, we ask the Almighty to comfort and
strengthen those who suffer under the Castro dictatorship--and to hasten
the day when Cuba's suffering comes to an end.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 21, 2008, as A Day of
Solidarity with the Cuban People to recognize those who are suffering in
Cuba, especially Cuba's prisoners of conscience. I call upon the
citizens of the United States to mark this observance with appropriate
ceremonies and activities that demonstrate America's resolute support
for those living under the Castro regime.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
May, in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
[[Page 48]]
Proclamation 8259 of May 21, 2008
National Maritime Day, 2008
By the President of the United States of America
A Proclamation
On National Maritime Day, America honors our highly skilled mariners who
sail the high seas, support those on the front lines of the war on
terror, and promote commerce around the world.
Since 1775, the United States Merchant Marine has served our country,
helping America become a great maritime power. During the Second World
War, courageous mariners were among those who suffered greatly--hundreds
of ships were lost to enemy action, and many mariners made the ultimate
sacrifice. We pay tribute to these heroes who answered the call to serve
when our Nation needed them most. Today, our merchant mariners continue
to protect our homeland, including by supporting our troops in Iraq and
Afghanistan.
In times of peace and war, these brave patriots help keep our Nation
safe and strengthen our economy. By transporting American goods across
the oceans, merchant mariners facilitate commerce and advance trade.
These Americans honor the noble traditions of seafarers and enrich our
country's maritime heritage.
In recognition of the importance of the U.S. Merchant Marine, the
Congress, by joint resolution approved on May 20, 1933, as amended, has
designated May 22 of each year as ``National Maritime Day,'' and has
authorized and requested that the President issue an annual proclamation
calling for its appropriate observance.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 22, 2008, as National Maritime Day. I
call upon the people of the United States to mark this observance by
honoring the service of merchant mariners and by displaying the flag of
the United States at their homes and in their communities. I also
request that all ships sailing under the American flag dress ship on
that day.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
May, in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8260 of May 22, 2008
Prayer for Peace, Memorial Day, 2008
By the President of the United States of America
A Proclamation
On Memorial Day, we honor the heroes who have laid down their lives in
the cause of freedom, resolve that they will forever be remembered by a
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grateful Nation, and pray that our country may always prove worthy of
the sacrifices they have made.
Throughout our Nation's history, our course has been secured by brave
Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen. These
courageous and selfless warriors have stepped forward to protect the
Nation they love, fight for America's highest ideals, and show millions
that a future of liberty is possible. Freedoms come at great costs, yet
the world has been transformed in unimaginable ways because of the noble
service and devotion to duty of these brave individuals. Our country
honors the sacrifice made by those who have given their lives to spread
the blessings of liberty and lay the foundations of peace, and we mourn
their loss.
Today, our service men and women continue to inspire and strengthen our
Nation, going above and beyond the call of duty as part of the greatest
military the world has ever known. Americans are grateful to all those
who have put on our Nation's uniform and to their families, and we will
always remember their service and sacrifice for our freedoms.
On this solemn day our country unites to pay tribute to the fallen, who
demonstrated the strength of their convictions and paid the cost of
freedom. We pray for the members of our Armed Forces and their families,
and we ask for God's continued guidance of our country.
In respect for their devotion to America, the Congress, by a joint
resolution approved on May 11, 1950, as amended (64 Stat. 158), has
requested the President to issue a proclamation calling on the people of
the United States to observe each Memorial Day as a day of prayer for
permanent peace and designating a period on that day when the people of
the United States might unite in prayer. The Congress, by Public Law
106-579, has also designated the minute beginning at 3:00 p.m. local
time on that day as a time for all Americans to observe the National
Moment of Remembrance.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim Memorial Day, May 26, 2008, as a day of
prayer for permanent peace, and I designate the hour beginning in each
locality at 11:00 a.m. of that day as a time to unite in prayer. I also
ask all Americans to observe the National Moment of Remembrance
beginning at 3:00 p.m., local time, on Memorial Day. I encourage the
media to participate in these observances. I also request the Governors
of the United States and the Commonwealth of Puerto Rico, and the
appropriate officials of all units of government, to direct that the
flag be flown at half staff until noon on this Memorial Day on all
buildings, grounds, and naval vessels throughout the United States, and
in all areas under its jurisdiction and control. I also request the
people of the United States to display the flag at half staff from their
homes for the customary forenoon period.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of May, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[[Page 50]]
Proclamation 8261 of May 23, 2008
National Hurricane Preparedness Week, 2008
By the President of the United States of America
A Proclamation
National Hurricane Preparedness Week highlights the vital importance of
being prepared when natural disasters strike.
Tropical storms can cause destruction over entire regions and claim the
lives of many of our citizens. We can help reduce vulnerability in our
communities by encouraging all citizens to be prepared and to work
together. Maintaining emergency supply kits and family communication
plans, and knowing what to do in an emergency can help save lives. For
more information on hurricane preparedness, Americans can visit
ready.gov and fema.gov to find checklists and other valuable resources
to help them get prepared.
My Administration continues to support efforts to strengthen how
Americans prepare for and respond to disasters. The National Oceanic and
Atmospheric Administration works to predict and track storms so that
citizens are more aware of potential storms. The Department of Homeland
Security's Federal Emergency Management Agency (FEMA) has improved
communication between Federal, State, local government, and the private
sector in order to help citizens stay informed and receive the help they
need. By working together, we can better prepare for, respond to, and
recover from hurricanes and reduce the harm to our citizens and our
communities.
As hurricane season approaches, we also express our gratitude to the
volunteers and first responders who help their fellow citizens in their
time of need.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim May 25 through May 31,
2008, as National Hurricane Preparedness Week. I call upon government
agencies, private organizations, schools, and the media to share
information about hurricane preparedness. I also urge all Americans
living in vulnerable coastal areas to take appropriate measures and
precautions to protect themselves, their homes, and their communities
against the effects of hurricanes.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
May, in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
[[Page 51]]
Proclamation 8262 of May 29, 2008
Caribbean-American Heritage Month, 2008
By the President of the United States of America
A Proclamation
Caribbean-American Heritage Month is an opportunity to show our
appreciation for the many ways Caribbean Americans have contributed to
our country.
Caribbean Americans have helped to shape our national fabric with their
vibrant traditions and their unique history. They have brightened our
lives with the spirit and vitality of their culture. Through strong
leadership and pride in their heritage, they have enriched America. In
all walks of life, they have contributed their many talents and added to
our Nation's development and prosperity.
We especially show our gratitude for the men and women of Caribbean
descent who have served bravely in our Armed Forces and those still
serving today. These heroes have answered a call greater than self, and
we keep them in our thoughts and prayers.
During June, we celebrate and recognize the Caribbean Americans whose
determination and hard work have helped make our country a better place.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim June 2008 as Caribbean-
American Heritage Month. I encourage all Americans to learn more about
the history and culture of Caribbean Americans and their contributions
to our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
May, in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8263 of May 29, 2008
National Homeownership Month, 2008
By the President of the United States of America
A Proclamation
For many Americans, owning a home represents freedom, independence, and
the American dream. During National Homeownership Month, we highlight
the benefits of owning a home and encourage our fellow citizens to be
responsible homeowners.
[[Page 52]]
My Administration is committed to helping Americans achieve their dreams
of homeownership. We have worked to ensure that the mortgage industry is
more transparent, reliable, and fair, and in order to sustain
homeownership, we have launched initiatives to help responsible
homeowners keep their homes. The FHASecure program has given the Federal
Housing Administration more flexibility in refinancing mortgages for
homeowners who have good credit histories but cannot afford their
current payments. In addition, the HOPE NOW Alliance connects struggling
homeowners with lenders, loan servicers, and mortgage counselors to help
families stay in their homes. Homeowners deserve our help, and these
initiatives assist those in need.
During National Homeownership Month and throughout the year, I encourage
all Americans to take advantage of financial education opportunities to
explore homeownership. My Advisory Council on Financial Literacy is
finding ways to help educate people from all walks of life about matters
pertaining to their finances and their futures. By practicing fiscal
responsibility, Americans can contribute to the strength of our
neighborhoods and our country.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim June 2008 as National
Homeownership Month. I call upon the people of the United States to join
me in recognizing the importance of homeownership and building a more
prosperous future for themselves and their communities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
May, in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8264 of May 30, 2008
Black Music Month, 2008
By the President of the United States of America
A Proclamation
America's diverse musical heritage exemplifies the creativity and
optimism of our Nation. During Black Music Month, we celebrate the
extraordinary talents and creativity of African-American singers,
musicians, and composers whose achievements have enriched our culture
and enhanced our lives.
For generations, African-American artists have created music that
communicates across racial boundaries and expresses both joy and sorrow.
When facing the cruelty of slavery and injustice, African Americans
lifted spirituals to the heavens, bringing comfort to troubled souls.
These timeless declarations of hope and faith evolved into the more
modern genres of gospel, blues, ragtime, and jazz, and they are given
voice in the musical genius
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of Scott Joplin, Marian Anderson, Eubie Blake, and Mahalia Jackson.
During the Civil Rights era, African-American musicians such as Duke
Ellington, Muddy Waters, and Ruth Brown conveyed the struggles of their
communities while bringing people of all backgrounds together. Today,
this music continues to inspire America's citizens and advance its
creative spirit.
Throughout the course of American history, black musicians have used
their great talents to share the richness of the African-American
experience and to develop a uniquely American style of music enjoyed
throughout the world. This month, we honor the pioneers of African-
American music and today's contemporary artists who have enriched the
lives of people everywhere.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim June 2008 as Black Music
Month. I encourage all Americans to learn more about the history of
black music and to enjoy the great contributions of African-American
singers, musicians, and composers.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
May, in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8265 of May 30, 2008
Great Outdoors Month, 2008
By the President of the United States of America
A Proclamation
From the Appalachian Mountains to the Grand Canyon, America is blessed
with places of natural beauty where our citizens can discover the full
splendor of this great Nation. During Great Outdoors Month, our Nation
celebrates the grandeur of our open spaces, strengthens our commitment
to preserving this heritage, and reaffirms our dedication to protecting
our air, water, and lands.
My Administration remains dedicated to wise stewardship of the
environment, and we will continue to protect our Nation's natural
wonders. This past year, we have made great strides in helping wildlife
thrive and in restoring habitat for migratory birds through cooperative
conservation. Working with State and tribal officials, we are preserving
important wildlife habitats and expanding the National Wildlife Refuge
system. Citizens can visit takepride.gov to learn more about
opportunities to care for our environment.
Great Outdoors Month is an opportunity to honor those who work to keep
our natural places beautiful and to celebrate some of our country's
favorite outdoor pastimes. These activities encourage a healthy
lifestyle and give Americans pride in the great American landscape. As
responsible stewards
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of our natural resources, we can help ensure that the great outdoors
will be available for enjoyment by generations to come.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim June 2008 as Great
Outdoors Month. I call on all Americans to observe this month with
appropriate programs and activities, and to take time to visit and enjoy
the great outdoors.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
May, in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
Proclamation 8266 of May 30, 2008
Italian Independence Day, 2008
By the President of the United States of America
A Proclamation
On Italian Independence Day, we recognize our friendship with the nation
of Italy, and we celebrate the generations of Italian Americans who have
made significant contributions to our national character.
June 2, 1946, marks the birth of the Italian Republic, the long-awaited
triumph of liberty and democracy in an ancient land. Today, Italy is a
friend of the United States and an ally of freedom and peace. Italians
and Americans join together on Italian Independence Day to commemorate
Italy's independence and celebrate its rich history.
The people of our two countries share special ties rooted in history,
friendship, and family. Millions of American citizens have Italian
ancestry, and they and their forebears have helped shape our way of
life. Americans are grateful for the many contributions Italians and
Italian Americans have made to our history and our culture, and we are
proud that our nations are allies in the cause of peace and security
around the world.
In celebrating Italian Independence Day, we commemorate the freedoms our
countries hold dear, and we honor the generations of Italian Americans
who came to our shores seeking opportunity. They have helped to shape
our great Nation and influenced American life for the better.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim June 2, 2008, as Italian
Independence Day. I call upon all Americans to observe this day by
celebrating the contributions of Italians and Italian Americans to our
Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
May, in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
[[Page 55]]
Proclamation 8267 of May 30, 2008
National Child's Day, 2008
By the President of the United States of America
A Proclamation
America has a duty to provide its children with the support and skills
they need to become the next generation of responsible leaders. On
National Child's Day, we underscore the importance of fostering the
love, encouragement, and protection that empowers our children to become
happy and successful adults.
Children are a precious gift who need the love and support of family and
friends to lead lives rich in promise and fulfillment. Parents are the
most vital part of a child's life, providing them with the guidance and
discipline to make the right choices and understand the consequences of
their actions. Family, teachers, and others inspire our youth to use
their talents and to become confident and caring adults. Religious and
community leaders also have a role in teaching values and encouraging
children to love their neighbors just as they would like to be loved
themselves. Together, we can all help our children be prepared to meet
life's challenges and realize the great promise of our country.
My Administration continues to support programs that help prepare
America's youth for the opportunities ahead. The No Child Left Behind
Act requires that every child have access to a quality education. We
have made significant progress toward that goal across the country, with
students achieving record math and reading scores. The America COMPETES
Act, which was built upon my American Competitiveness Initiative, helped
strengthen our goal of staying competitive within the global economy.
The Helping America's Youth initiative, led by First Lady Laura Bush,
encourages adults to work to help our young people reach their full
potential.
On National Child's Day and throughout the year, we honor the boys and
girls of America and show our gratitude to those who work to support
them. This day is a reminder to us all that our commitment to children
helps make our country a better place.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim June 1, 2008, as National
Child's Day. I call upon all our citizens to celebrate National Child's
Day with appropriate ceremonies and activities. I also urge all
Americans to dedicate time and energy to educating our youth and
providing them with a safe and caring environment.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
May, in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
[[Page 56]]
Proclamation 8268 of June 2, 2008
National Oceans Month, 2008
By the President of the United States of America
A Proclamation
Oceans have provided an important part of our heritage, economy, and
recreation, and they are a vital resource for our country and the world.
During National Oceans Month, we reaffirm our commitment to protect and
wisely use these precious waters and the habitat beneath them.
We have a solemn responsibility to care for our seas and show concern
for the plant and animal life that inhabit them. Oceans bring enjoyment
and prosperity to countless people, from boating and fishing, to
transporting goods, to traveling the waterways. By being good stewards
of the oceans, we can ensure that future generations are able to enjoy
the great blessings of our natural heritage.
My Administration is committed to safeguarding the oceans and ensuring
effective conservation. Since the release of my Ocean Action Plan in
2004, we have taken steps to prevent pollution and improve the health of
marine wildlife by working with State, tribal, and local governments, as
well as private sector and international partners. We are working to end
overfishing in U.S. waters and to stop destructive fishing practices on
the high seas. We are also supporting ocean programs to educate the
public on the need to prevent marine debris and improve the quality of
the marine environment, as well as other projects such as the
International Coral Reef Initiative that can help conserve and restore
delicate and essential ecosystems. By working to protect our oceans, we
ensure that natural wonders like the Papahanaumokuakea Marine National
Monument in the Northwestern Hawaiian Islands will be enjoyed for
generations to come.
This month is an opportunity to show our gratitude toward all those who
work to protect the oceans, to learn more about the vital role oceans
play in the life of our country, and to discover ways we can conserve
their many natural treasures.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim June 2008 as National
Oceans Month. I encourage all our citizens to observe this month with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of June,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
[[Page 57]]
Proclamation 8269 of June 6, 2008
Flag Day and National Flag Week, 2008
By the President of the United States of America
A Proclamation
The American flag has been our national symbol for 231 years, and it
remains a beacon of freedom wherever it is flown. Since the Second
Continental Congress adopted the Stars and Stripes as our flag in 1777,
it has stood for freedom, justice, and the resolve of our Nation.
When Francis Scott Key saw the American flag flying over Fort McHenry in
1814, he believed that liberty would triumph. The flag that inspired Key
to write our National Anthem still energizes and emboldens the American
spirit today. As our Nation faces the challenges of a new era, Old Glory
reminds us that liberty can prevail over oppression.
Since the first days of our Republic, Americans have flown the flag to
show their pride and appreciation for the freedoms they enjoy in this
great Nation. Every day, Americans pledge their allegiance to the flag
of the United States, and our troops carry it before them as they defend
the liberties for which it stands.
On Flag Day and during National Flag Week, we remember those in uniform
whose courage and sacrifice inspire us here at home. We also remember
the rich history of one of our oldest national symbols and reflect on
our duty to carry our heritage of freedom into the future.
To commemorate the adoption of our flag, the Congress, by joint
resolution approved August 3, 1949, as amended (63 Stat. 492),
designated June 14 of each year as ``Flag Day'' and requested that the
President issue an annual proclamation calling for its observance and
for the display of the flag of the United States on all Federal
Government buildings. The Congress also requested, by joint resolution
approved June 9, 1966, as amended (80 Stat. 194), that the President
issue annually a proclamation designating the week in which June 14
occurs as ``National Flag Week'' and calling upon all citizens of the
United States to display the flag during that week.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim June 14, 2008, as Flag Day and the week
beginning June 8, 2008, as National Flag Week. I direct the appropriate
officials to display the flag on all Federal Government buildings during
that week, and I urge all Americans to observe Flag Day and National
Flag Week by flying the Stars and Stripes from their homes and other
appropriate places. I also call upon the people of the United States to
observe with pride and all due ceremony those days from Flag Day through
Independence Day, also set aside by the Congress (89 Stat. 211), as a
time to honor America, to celebrate our heritage in public gatherings
and activities, and to publicly recite the Pledge of Allegiance to the
Flag of the United States of America.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of June,
in the year of our Lord two thousand eight, and of the Independence of
the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
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Proclamation 8270 of June 12, 2008
Father's Day, 2008
By the President of the United States of America
A Proclamation
On Father's Day, we honor our Nation's fathers for the unconditional
love they give to their children and for their selfless dedication to
the well-being of their families.
Fathers play a unique and irreplaceable part in the lives of their
children and pass along values that help children grow into responsible
adults. By providing their sons and daughters with a positive example,
fathers help give their children the necessary foundation they need to
make wise decisions throughout their lives. Fathers strive to inspire
their children to lead lives of integrity, honor, and purpose, and they
pray for wisdom and the strength to give their children the love and
support they need to achieve their dreams.
All Americans are thankful for the extraordinary efforts of our Nation's
fathers, stepfathers, grandfathers, and guardians. Their devotion and
encouragement as mentors, providers, and role models help strengthen
their families and our country. We are especially grateful for the
fathers who serve in our Nation's Armed Forces. These dedicated fathers
protect liberty so that all children can have a more promising future.
We pray for the safe return of all those serving overseas, and we thank
the fathers who support sons and daughters who are defending our freedom
around the globe.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, in accordance with a joint resolution of the Congress approved
April 24, 1972, as amended (36 U.S.C. 109), do hereby proclaim June 15,
2008, as Father's Day. I encourage all Americans to express their
appreciation to all fathers for their many contributions to our Nation's
children. I direct the appropriate officials of the Government to
display the flag of the United States on all Government buildings on
this day. I also call upon State and local governments and citizens to
observe this day with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
June, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
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Proclamation 8271 of June 26, 2008
Termination of the Exercise of Authorities Under the Trading With the
Enemy Act With Respect to North Korea
By the President of the United States of America
A Proclamation
I, GEORGE W. BUSH, President of the United States of America, by the
authority vested in me by the Constitution and the laws of the United
States, including section 101(b) of Public Law 95-223 (91 Stat. 1625; 50
U.S.C. App. 5(b) note), hereby find that the continuation of the
exercise of authorities under the Trading With the Enemy Act (50 U.S.C.
App. 1 et seq.) (TWEA) with respect to North Korea, as authorized in
Proclamation 2914 of December 16, 1950, most recently continued under
Presidential Determination 2007-32 of September 13, 2007 (72 FR 53407),
and implemented by the regulations set forth below, is no longer in the
national interest of the United States.
Section 1. The exercise of TWEA authorities with respect to North Korea,
which were implemented by the Foreign Assets Control Regulations, 31
C.F.R. part 500, and the Transaction Control Regulations, 31 C.F.R. part
505, and that were continued by Presidential Determination 2007-32 of
September 13, 2007, is terminated, and Presidential Determination 2007-
32 is rescinded with respect to North Korea.
Sec. 2. The Secretary of the Treasury is authorized and directed to take
all appropriate measures within the Secretary's authority to give effect
to this proclamation.
Sec. 3. This proclamation is not intended to, and does not, create any
right, benefit, or privilege, substantive or procedural, enforceable at
law or in equity, by any party against the United States, its
departments, agencies, instrumentalities, or entities, its officers or
employees, or any other person.
Sec. 4. This proclamation is effective at 12:01 a.m. eastern daylight
time on June 27, 2008.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
June, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH
[[Page 60]]
Proclamation 8272 of June 30, 2008
To Modify Duty-Free Treatment Under the Generalized System of
Preferences, Take Certain Actions Under the African Growth and
Opportunity Act, and for Other Purposes
By the President of the United States of America
A Proclamation
1. Pursuant to section 503(c)(2)(A) of the Trade Act of 1974, as
amended (the ``1974 Act'') (19 U.S.C. 2463(c)(2)(A)), beneficiary
developing countries, except those designated as least-developed
beneficiary developing countries or beneficiary sub-Saharan African
countries as provided in section 503(c)(2)(D) of the 1974 Act (19 U.S.C.
2463(c)(2)(D)), are subject to competitive need limitations on the
preferential treatment afforded under the Generalized System of
Preferences (GSP) to eligible articles.
2. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act (19 U.S.C.
2461 and 2463(a)(1)(A)), the President may designate articles as
eligible for preferential tariff treatment under the GSP.
3. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(i))
provides that the President may disregard the competitive need
limitation provided in section 503(c)(2)(A) (i)(II) of the 1974 Act (19
U.S.C. 2463(c)(2)(A)(i)(II)) with respect to any eligible article from
any beneficiary developing country if the aggregate appraised value of
the imports of such article into the United States during the preceding
calendar year does not exceed an amount set forth in section
503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)).
4. Pursuant to section 503(d)(1) of the 1974 Act (19 U.S.C.
2463(d)(1)), the President may waive the application of the competitive
need limitations in section 503(c)(2)(A) of the 1974 Act with respect to
any eligible article from any beneficiary developing country if certain
conditions are met.
5. Pursuant to section 503(d)(5) of the 1974 Act (19 U.S.C.
2463(d)(5)), any waiver granted under section 503(d) shall remain in
effect until the President determines that such waiver is no longer
warranted due to changed circumstances.
6. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e)) provides that the
President shall terminate the designation of a country as a beneficiary
developing country for purposes of the GSP if the President determines
that such country has become a ``high income'' country as defined by the
official statistics of the International Bank for Reconstruction and
Development. Termination is effective on January 1 of the second year
following the year in which such determination is made.
7. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
that in 2007 certain beneficiary developing countries have exported
certain eligible articles in quantities exceeding the applicable
competitive need limitations, and I therefore terminate the duty-free
treatment for such articles from such beneficiary developing countries.
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8. Pursuant to section 503(c)(2)(F) of the 1974 Act, I have determined
that the competitive need limitation provided in section
503(c)(2)(A)(i)(II) of the 1974 Act should be disregarded with respect
to certain eligible articles from certain beneficiary developing
countries.
9. Pursuant to section 503(d)(1) of the 1974 Act, I have received the
advice of the United States International Trade Commission on whether
any industries in the United States are likely to be adversely affected
by such waivers, and I have determined, based on that advice and on the
considerations described in sections 501 and 502(c) of the 1974 Act (19
U.S.C. 2462(c)), and after giving great weight to the considerations in
section 503(d)(2) of the 1974 Act (19 U.S.C. 2463(d)(2)), that such
waivers are in the national economic interest of the United States.
Accordingly, I have determined that the competitive need limitations of
section 503(c)(2)(A) of the 1974 Act should be waived with respect to
certain eligible articles from certain beneficiary developing countries.
10. Pursuant to section 503(d)(5) of the 1974 Act, I have determined
that certain previously granted waivers of the competitive need
limitations of section 503(c)(2)(A) of the 1974 Act are no longer
warranted due to changed circumstances.
11. Pursuant to section 502(e) of the 1974 Act, I have determined that
Trinidad and Tobago has become a ``high income'' country, and I am
terminating the designation of that country as a beneficiary developing
country for purposes of the GSP, effective January 1, 2010.
12. Section 502(a)(1) of the 1974 Act (19 U.S.C. 2462(a)(1)) authorizes
the President to designate countries as beneficiary developing countries
for purposes of the GSP. In Proclamation 7912 of June 29, 2005, I
designated Serbia and Montenegro as a beneficiary developing country for
purposes of the GSP. On June 3, 2006, upon Montenegro's declaration of
independence from Serbia and Montenegro, the country separated into two
independent republics: the Republic of Serbia and the Republic of
Montenegro. Pursuant to section 502 of the 1974 Act, and taking into
account the factors set forth in section 502(c) of that Act, I have
determined that, in light of the separation of Serbia and Montenegro
into two countries, the Republic of Serbia and the Republic of
Montenegro should each be designated as a beneficiary developing country
for purposes of the GSP.
13. Section 506A(a)(1) of the 1974 Act (19 U.S.C. 2466a(a)(1)), as
added by section 111(a) of the African Growth and Opportunity Act (title
I of Public Law 106-200, 114 Stat. 254) (AGOA), authorizes the President
to designate a country listed in section 107 of the AGOA (19 U.S.C.
3706) as a beneficiary sub-Saharan African country if the President
determines that the country meets the eligibility requirements set forth
in section 104 of the AGOA (19 U.S.C. 3703) and the eligibility criteria
set forth in section 502 of the 1974 Act (19 U.S.C. 2462).
14. Section 104 of the AGOA authorizes the President to designate a
country listed in section 107 of the AGOA as an eligible sub-Saharan
African country if the President determines that the country meets
certain eligibility requirements.
15. Section 112(c) of the AGOA (19 U.S.C. 3721(c)), as added by section
6002(a) of the Africa Investment Incentive Act of 2006 (division D of
title
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VI of Public Law 109-432, 120 Stat. 2922), provides special rules for
certain apparel articles imported from lesser developed beneficiary sub-
Saharan African countries.
16. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the
1974 Act, I have determined that the Union of the Comoros (Comoros)
meets the eligibility requirements set forth or referenced therein, and
I have decided to designate Comoros as an eligible sub-Saharan African
country and beneficiary sub-Saharan African country.
17. I have further determined that Comoros satisfies the criterion for
treatment as a lesser developed beneficiary sub- Saharan African country
under section 112(c)(5)(D)(i) of the AGOA.
18. On August 5, 2004, the United States entered into the Dominican
Republic-Central America-United States Free Trade Agreement (the
``Agreement'') with Costa Rica, the Dominican Republic, El Salvador,
Guatemala, Honduras, and Nicaragua. The Congress approved the Agreement
in section 101(a) of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (the ``CAFTA-DR Act'')
(19 U.S.C. 4011).
19. Pursuant to section 403(a) of the CAFTA-DR Act (19 U.S.C. 4111(a)),
the President is to report biennially to the Congress on the matters
described in that section and, as the President deems appropriate, in
section 403(b)(2) of the CAFTA-DR Act (19 U.S.C. 4111(b)(2)).
20. Pursuant to section 403(a)(4) of the CAFTA-DR Act (19 U.S.C.
4111(a)(4)), the President is to establish a mechanism to solicit public
comments on the matters described in section 403(a)(3)(D) of the CAFTA-
DR Act (19 U.S.C. 4111(a)(3)(D)).
21. In Presidential Proclamation 8213 of December 20, 2007, I modified
the Harmonized Tariff Schedule of the United States (HTS) pursuant to
section 1634 of the Pension Protection Act of 2006 (Public Law 109-280,
120 Stat. 780) to carry out the understandings described in that
section. Technical rectifications to the HTS are required to provide the
intended tariff treatment.
22. In Presidential Proclamation 8240 of April 17, 2008, pursuant to
section 503(c)(2)(A) of the 1974 Act, I modified the HTS to withdraw
duty-free treatment for certain articles from Jamaica. A technical
rectification to the HTS is required to provide the intended tariff
treatment.
23. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the
President to embody in the HTS the substance of the relevant provisions
of that Act, and of other Acts affecting import treatment, and actions
thereunder, including the removal, modification, continuance, or
imposition of any rate of duty or other import restriction.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to title V and
section 604 of the 1974 Act, section 104 of the AGOA, section 301 of
title 3, United States Code (3 U.S.C. 301), and section 403 of the
CAFTA-DR Act, do proclaim that:
(1) In order to provide that one or more countries should no longer be
treated as beneficiary developing countries with respect to one or more
eligible
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articles for purposes of the GSP, general note 4(d) to the HTS is
modified as set forth in section A of Annex I to this proclamation.
(2) In order to provide that one or more countries should not be
treated as beneficiary developing countries with respect to certain
eligible articles for purposes of the GSP, the Rates of Duty 1-Special
subcolumn for such HTS subheadings is modified as set forth in section B
of Annex I to this proclamation.
(3) In order to designate certain articles as eligible articles for
purposes of the GSP, the Rates of Duty 1-Special subcolumn for such HTS
subheadings is modified as set forth in section C of Annex I to this
proclamation.
(4) The competitive need limitation provided in section
503(c)(2)(A)(i)(II) of the 1974 Act is disregarded with respect to the
eligible articles in the HTS subheadings and to the beneficiary
developing countries listed in Annex II to this proclamation.
(5) A waiver of the application of section 503(c)(2)(A) of the 1974 Act
shall apply to the eligible articles in the HTS subheadings and to the
beneficiary developing countries set forth in Annex III to this
proclamation.
(6) The waivers of the application of section 503(c)(2)(A) of the 1974
Act to the articles in the HTS subheadings and to the beneficiary
developing countries listed in Annex IV to this proclamation are
revoked.
(7) The designation of Trinidad and Tobago as a beneficiary developing
country for purposes of the GSP is terminated, effective on January 1,
2010.
(8) In order to reflect this termination in the HTS, general note 4(a)
to the HTS is modified by deleting ``Trinidad and Tobago'' from the list
of independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2010.
(9) The Republic of Serbia is designated as a beneficiary developing
country for purposes of the GSP.
(10) In order to reflect this designation in the HTS, general note 4(a)
is modified by deleting ``Serbia and Montenegro'' and adding in
alphabetical order ``Serbia'' to the list of independent countries,
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the thirtieth day after the date of this
proclamation.
(11) The Republic of Montenegro is designated as a beneficiary
developing country for purposes of the GSP.
(12) In order to reflect this designation in the HTS, general note 4(a)
is modified by adding in alphabetical order ``Montenegro'' to the list
of independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the thirtieth day
after the date of this proclamation.
(13) Comoros is designated as an eligible sub-Saharan African country
and as a beneficiary sub-Saharan African country for purposes of the
AGOA.
(14) In order to reflect this designation in the HTS, general note
16(a) to the HTS is modified by inserting in alphabetical sequence in
the list of beneficiary sub-Saharan African countries ``Union of the
Comoros,'' effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after July 1, 2008.
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(15) For purposes of section 112(c) of the AGOA, Comoros is a lesser
developed beneficiary sub-Saharan African country.
(16) The modifications to the HTS set forth in Annexes I and IV to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the dates set
forth in the respective annex.
(17) The Secretary of Labor, in consultation with the United States
Trade Representative, shall carry out the reporting function under
sections 403(a) and 403(b)(2) of the CAFTA-DR Act.
(18) The Secretary of Labor, in consultation with the United States
Trade Representative, shall solicit public comments under section
403(a)(4) of the CAFTA-DR Act.
(19) In order to provide the intended tariff treatment to certain
articles of Jamaica, the HTS is modified as set forth in Annex V to this
proclamation.
(20) The modifications to the HTS set forth in Annex V to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the date set forth
in Annex V.
(21) In order to provide the intended tariff treatment to goods subject
to the understandings carried out in Proclamation 8213, the HTS is
modified as set forth in Annex VI to this proclamation.
(22) The modifications to the HTS set forth in Annex VI to this
proclamation shall enter into effect on the date that the modifications
to the HTS set out in section C or D of the Annex to Proclamation 8213,
as appropriate, enter into force, and shall be effective with respect to
goods entered, or withdrawn from warehouse for consumption, on or after
that date.
(23) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
June in the year of our Lord two thousand eight, and of the Independence
of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH
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Proclamation 8273 of July 14, 2008
FBI Day, 2008
By the President of the United States of America
A Proclamation
For 100 years, the committed men and women of the Federal Bureau of
Investigation have worked diligently to deliver justice and keep
Americans safe. On FBI Day, we recognize the Bureau's many
accomplishments and pay tribute to all who have served in its ranks with
valor and dedication.
The FBI traces its origins to 1908, when under the leadership of
President Theodore Roosevelt and Attorney General Charles Bonaparte, a
force of Special Agents was created, later to be called the Bureau of
Investigation. As a Federal agency with the power to investigate crimes
across State lines and enforce Federal law, the FBI has protected our
country against threats from abroad and caught dangerous criminals like
``Baby Face'' Nelson, John Dillinger, Ted Kaczynski, and Ramzi Yousef.
Today, the FBI is charged with guarding our Nation from terrorist
attacks, combating public corruption and organized crime, resisting
cyber attacks, and opposing other high-technology crimes. The FBI also
has a deep commitment to civil rights, helping protect the values we
cherish.
With an abiding respect for the Constitution, the men and women of the
FBI bring strength, impartiality, and devotion to their pursuit of
justice. They continue to uphold their motto of ``Fidelity, Bravery,
Integrity.'' On FBI Day, we especially remember the fallen agents who
paid the ultimate price in serving our country and keeping our Nation
safe.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim July 26, 2008, as FBI Day.
I call upon all Americans to recognize the 100th anniversary of the
Federal Bureau of Investigation.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
July, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8274 of July 18, 2008
Captive Nations Week, 2008
By the President of the United States of America
A Proclamation
Freedom is the longing of every soul and the birthright of all mankind.
During Captive Nations Week, we underscore our commitment to advancing
democracy, defending liberty, and protecting human rights around the
world.
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It is in our Nation's interest to help those who are suffering under
oppressive regimes defeat the ideologues of hate with an ideology of
hope. Advancing the cause of liberty advances the cause of peace. A free
society upholds justice and defends human dignity. Over the years, many
have underestimated the power of freedom to overcome tyranny, but
history has shown us that freedom will prevail.
In the 20th century, the evils of Soviet communism and Nazi fascism were
defeated and freedom spread around the world as new democracies emerged.
Today, our Nation faces new struggles with adversaries who murder the
innocent and seek to subject millions to their violent, totalitarian
rule. Still, we remain confident that the light of liberty will again
overcome this darkness.
To bring that day about, we must support young democracies in places
like Afghanistan and Iraq. In countries like Belarus, Burma, Cuba, Iran,
North Korea, Sudan, Syria, and Zimbabwe, people continue to live under
oppressive regimes, and we will work for the day when all these nations
are free. By opposing these despots and helping young democracies grow,
we will lay the foundation of peace and prosperity for generations to
come. Throughout Captive Nations Week, we renew our pledge that as
people across the world find their own paths to freedom, they will also
find a friend in the United States of America.
The Congress, by Joint Resolution approved July 17, 1959 (73 Stat. 212),
has authorized and requested the President to issue a proclamation
designating the third week in July of each year as ``Captive Nations
Week.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim July 20 through July 26,
2008, as Captive Nations Week. I call upon the people of the United
States to reaffirm our commitment to all those seeking liberty, justice,
and self-determination.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
July, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8275 of July 23, 2008
60th Anniversary of the Integration of the United States Armed Forces
By the President of the United States of America
A Proclamation
The United States is founded upon the belief that every person has
unalienable rights and matchless value. Throughout our Nation's history,
brave patriots have made great sacrifices to protect this ideal and to
advance the cause of freedom around the world. On the 60th anniversary
of the integration of the United States Armed Forces, we pay tribute to
all our
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service members and veterans, and we underscore our Nation's commitment
to equality.
On July 26, 1948, President Harry Truman signed Executive Order 9981,
declaring ``that there shall be equality of treatment and opportunity
for all persons in the armed services without regard to race, color,
religion or national origin.'' Today, members of our Armed Forces come
from many different backgrounds and cultures and are answering the call
to service with bravery, decency, and resolve.
Our Nation has long drawn strength from the diversity of its citizens.
Groups such as the Buffalo Soldiers, the 442nd Regimental Combat Team,
the Tuskegee Airmen, and the ``Borinqueneers'' risked their lives while
proudly wearing the uniform of the United States. By performing their
missions with integrity and honor, they highlighted the power of
liberty, helped open the door of opportunity, and earned the respect and
admiration of a grateful Nation.
On this anniversary, we celebrate the legacy of those who refused to
allow adversity to diminish their spirit or extinguish their drive to
help America live up to its promise of equality for all people. We also
commemorate our veterans and service members whose noble and selfless
actions have inspired generations of men and women to follow in their
footsteps and made our country a more hopeful place.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim July 26, 2008, as the 60th
Anniversary of the Integration of the United States Armed Forces and
urge all Americans to observe this day with appropriate programs,
ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
July, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8276 of July 24, 2008
Anniversary of the Americans with Disabilities Act, 2008
By the President of the United States of America
A Proclamation
The Americans with Disabilities Act (ADA) has helped tear down barriers
for millions of people living with disabilities. On the anniversary of
this important legislation, our Nation underscores our commitment to
ensuring that all individuals have an equal opportunity to realize their
full potential.
On July 26, 1990, President George H. W. Bush signed this groundbreaking
Act into law, better enabling citizens with disabilities to participate
fully in all aspects of life. Over the course of nearly two decades,
this Act has made our schools and workplaces more welcoming, helped
change attitudes that once seemed unchangeable, and expanded opportunity
for many
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exceptional Americans. The ADA is one of the most successful civil
rights laws in our history and has been an essential part of countless
American lives.
My Administration is committed to working to empower those with
disabilities so that all our people can achieve the American dream.
Building on the success of the ADA, the New Freedom Initiative of 2001
has had a positive impact for many of our citizens. Technological
advances have helped individuals gain greater access to everyday life.
Students with disabilities are given the tools they need to succeed, and
in the workplace, innovative hiring and employment practices are helping
to integrate Americans with disabilities into the workforce. The Ticket
to Work and AbilityOne programs have helped them become more self-
sufficient by expanding access to employment. Our Nation has benefited
from the progress we have made since the enactment of the ADA, and it is
our responsibility to continue working toward a country where all people
are treated with the respect and dignity they deserve.
On this anniversary, we highlight our commitment to the ADA and
celebrate the progress that has been made toward full participation of
people with disabilities in our society.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim July 26, 2008, as a day in
celebration of the 18th Anniversary of the Americans with Disabilities
Act. I call on all Americans to celebrate the vital contributions of
individuals with disabilities as we work towards fulfilling the promise
of the ADA to give all our citizens the opportunity to live with
dignity, work productively, and achieve their dreams.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of July, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8277 of July 24, 2008
Parents' Day, 2008
By the President of the United States of America
A Proclamation
Parents teach their children timeless values to help them make the most
of life's opportunities and overcome its challenges. On Parents' Day, we
pay tribute to the parents who provide their children with guidance,
support, and unconditional love and who help make our country a better
place.
Mothers and fathers are a source of stability and great comfort in
society, and they have a vital obligation to love and care for their
children. Through patient instruction and a loving example, they instill
in children the principles that make our Nation strong and ensure that
children have the skills
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to lead lives of character and integrity. As a child's primary teachers,
parents are responsible for their child's education, and their efforts
will contribute to a more hopeful future for our country. Parents can
help shape our Nation by encouraging young people to make the right
choices, become responsible citizens, and achieve their dreams.
My Administration remains dedicated to promoting Federal, State, and
faith-based and community programs to assist American families and
support healthy marriages and responsible parenting. We are committed to
helping parents and schools enable the next generation of Americans to
realize their full potential.
On Parents' Day, we honor mothers and fathers and thank them for their
many years of patience and selflessness. We take this opportunity also
to recognize parents of adopted children and foster parents, who
generously provide children with a loving family to call their own. We
also recognize the parents who serve in our Armed Forces and the parents
of the brave men and women wearing our Nation's uniform. The members of
our Armed Forces are defending our freedom with dignity and honor, and
America is grateful for the sacrifices that they and their families make
in the name of duty.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States and consistent with Public Law 103-362, as
amended, do hereby proclaim Sunday, July 27, 2008, as Parents' Day. I
call upon citizens, private organizations, and governmental bodies at
all levels to engage in activities and educational efforts that
recognize, support, and honor parents, and I encourage American sons and
daughters to convey their love, respect, and appreciation to their
parents.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of July, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8278 of August 22, 2008
Women's Equality Day, 2008
By the President of the United States of America
A Proclamation
With vision and determination, American women have helped build our
great Nation. On Women's Equality Day, we remember the dedication of
women who overcame many obstacles in order to secure the right to vote.
The struggle for women's rights is a story of strong women willing to
take the lead and pave the way toward equal voting rights for all
American citizens. In 1848, a group of determined women came together in
Seneca Falls, New York, to proclaim that ``all men and women are created
equal,'' and demand suffrage. On August 26, 1920, their voices were
finally heard, and the 19th Amendment to the Constitution guaranteed
women the right to vote.
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As we look back on the journey to women gaining suffrage, we remember
the sacrifices of people like Susan B. Anthony and Elizabeth Cady
Stanton. More than 160 years after the Seneca Falls Convention, we
celebrate the spirit, leadership, and hard work of those pioneering
women. We also recognize the women who continue in this tradition by
acting as role models in their communities, helping raise the next
generation of Americans, leading in their professions, and serving in
the Armed Forces protecting our country. These women are continuing on
the path set by those who came before them, so that all Americans can
realize the great promise of our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim August 26, 2008, as
Women's Equality Day. I call upon the people of the United States to
celebrate the achievements of women and observe this day with
appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of August, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8279 of August 25, 2008
National Prostate Cancer Awareness Month, 2008
By the President of the United States of America
A Proclamation
National Prostate Cancer Awareness Month is an opportunity to underscore
our commitment to fighting prostate cancer and to raise awareness about
this highly treatable disease.
Prostate cancer is the second most common type of cancer found in men,
and one in six men will develop it during their lifetime. The cause of
prostate cancer remains unknown, but early detection can lead to better
treatment and increase the chances of survival. It is important for men
to talk to their physicians about risk factors, prevention, and
preventive screenings.
My Administration remains committed to helping America's dedicated
medical professionals learn more about the cause of prostate cancer and
develop new and better ways to combat it. Since 2005, the Cancer Genome
Atlas has studied the genetic sources of all types of cancer. By
supporting medical research, conducting clinical trials, and developing
new surgical techniques to help patients recover quickly, the National
Institutes of Health, the National Cancer Institute, and the Centers for
Disease Control and Prevention are helping lead the fight against
prostate cancer.
During National Prostate Cancer Awareness Month, we remember those who
lost the battle against prostate cancer, and we pray for their families
and friends. We also remember those living with prostate cancer,
celebrate the lives of survivors, and thank all the medical
professionals who aid in
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these victories. By continuing our fight against this disease, we will
make our Nation a healthier and more hopeful place.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 2008 as National
Prostate Cancer Awareness Month. I call upon government officials,
businesses, communities, health care professionals, educators, and the
people of the United States to reaffirm our Nations strong and ongoing
commitment to the fight against prostate cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
August, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8280 of August 25, 2008
Minority Enterprise Development Week, 2008
By the President of the United States of America
A Proclamation
The opportunities of America make our land a beacon of hope for people
from every corner of the world. America's minority-owned businesses
contribute greatly to our economy and the richness of our country.
During Minority Enterprise Development Week, we recognize minority
entrepreneurs and recommit ourselves to fostering an environment where
everyone can attain the American dream.
In America, people's dreams matter more than their background. Across
our country, minority business owners are working hard to achieve their
goals and helping to extend the promises of America to their fellow
citizens. These businesses and their employees are vital contributors to
our national prosperity.
My Administration has lowered taxes, supported pro-growth policies, and
enacted an economic stimulus package to encourage small and medium-sized
business growth. By keeping more money in the hands of families and
small businesses, they can save, invest, spend, and give back to their
communities. Our economy is resilient and dynamic because Americans are
the most industrious, creative, and enterprising people in the world and
because we believe in a free market economy that rewards those
qualities.
During Minority Enterprise Development Week, we recognize the value
minority entrepreneurs and their employees add to our country. They are
vital to our Nation's economic strength and an essential part of our
national heritage.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim August 31 through
September 6, 2008, as Minority Enterprise Development Week. I call upon
all Americans to celebrate this week with appropriate programs,
ceremonies,
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and activities to recognize the many contributions of our Nation's
minority enterprises.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day
of August, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8281 of August 26, 2008
National Ovarian Cancer Awareness Month, 2008
By the President of the United States of America
A Proclamation
During National Ovarian Cancer Awareness Month, we remember those whose
lives have been affected by this deadly disease, and we underscore our
commitment to battling ovarian cancer for the sake of women around the
world.
Each year, thousands of American women are diagnosed with ovarian
cancer. Many will lose their lives to this disease. Because ovarian
cancer is often diagnosed at an advanced stage, it is vital for women to
make regular visits to their doctors for screenings and to discuss risk
factors and warning signs. Early detection is the best way to help
doctors diagnose cancer before it has a chance to spread. It also makes
treatment more effective and increases the chances for survival. I
encourage all women to learn more about preventive measures and
screening options that may help to save their lives.
America leads the world in medical research, and my Administration
remains dedicated to the fight against ovarian cancer. I signed the
``Gynecologic Cancer Education and Awareness Act of 2005,'' or
``Johanna's Law,'' that helps to raise awareness among women and health
care providers about female reproductive cancers. Additionally, the
National Institutes of Health (NIH) and the Centers for Disease Control
and Prevention are conducting important research to help make the
innovative advances we need in order to eradicate this disease. NIH's
Cancer Genome Atlas is also helping researchers gain a greater
understanding of the genetic sources of cancer. Together, we will
continue building on our progress until there is a cure for cancer. As
we observe National Ovarian Cancer Awareness Month, we honor those who
have fought this disease. We also recognize the compassionate
caregivers, doctors, and researchers who are dedicated to preventing,
detecting, and treating ovarian cancer.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim September 2008 as
National Ovarian Cancer Awareness Month. I call upon government
officials, businesses, communities, health care professionals,
educators, volunteers, and the people of the United States to continue
our Nation's strong commitment to preventing and treating ovarian
cancer.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
August, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8282 of August 26, 2008
National Preparedness Month, 2008
By the President of the United States of America
A Proclamation
During National Preparedness Month, we underscore the important
responsibility Americans have to be ready for emergencies in our homes,
businesses, and communities.
The Department of Homeland Security's Ready campaign highlights
preparedness steps, including having an emergency supply kit, making a
family emergency plan, and becoming informed about different types of
emergencies. After preparing themselves and their families, Americans
can take the next step and get involved in helping to prepare their
communities for all types of emergencies. For more information, citizens
may visit www.ready.gov and citizencorps.gov.
During National Preparedness Month, we also honor our Nation's police
officers, firefighters, and emergency personnel for their hard work and
commitment to protecting others. As first responders, they have
demonstrated the true meaning of heroism by taking great risks to
safeguard our communities, and all Americans are grateful for their
efforts.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 2008 as National
Preparedness Month. I call upon the people of the United States to
recognize the importance of preparing for potential emergencies and to
observe this month by participating in appropriate events, activities,
and preparedness programs.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
August, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8283 of August 27, 2008
National Alcohol and Drug Addiction Recovery Month, 2008
By the President of the United States of America
A Proclamation
Substance abuse is an unrelenting evil that destroys lives, ruins
families, and endangers neighborhoods. During National Alcohol and Drug
Addiction Recovery Month, we emphasize our commitment to alcohol and
drug addiction prevention. This month is also an opportunity to
recognize those who have had the courage to combat and overcome
addiction.
Alcohol and drug abuse require an aggressive response. My Administration
will continue to help educate our children through the National Youth
Anti-Drug Media Campaign. This Campaign urges parents and adults to
safeguard our young people from the abuse of prescription drugs, focuses
on random drug-testing in schools and in the workplace, and creates
drug-free community coalitions. First Lady Laura Bush leads the Helping
America's Youth initiative, which assists our youth in making healthy
life choices through the participation of caring adults in their lives.
The dedicated efforts of families, teachers, law enforcement, faith-
based groups, and community activists are all important.
We are also working to reduce the supply of illegal drugs coming into
our country and fighting demand here at home. In order to disrupt the
market for illegal drugs, the National Drug Control Strategy report has
coordinated law enforcement efforts throughout our Nation to help
dismantle channels of distribution, and we are also working with foreign
governments to eradicate the trafficking of illegal drugs.
Too many of our citizens have been swept up in a cycle of addiction.
Through faith-based and community groups, we have revolutionized the way
we help people break the chains of addiction. The Access to Recovery
program provides addicts with vouchers so that they can attend the
treatment center of their choice. Our Nation's armies of compassion have
helped nearly 200,000 clients rediscover their dignity and purpose
through this program.
During National Alcohol and Drug Addiction Recovery Month and throughout
the year, we underscore the worthy mission of confronting substance
abuse. This year's theme, ``Join the Voices of Recovery: Real People,
Real Recovery,'' highlights the importance of providing hope and love to
those who are trying to overcome drug and alcohol addiction and rebuild
their lives. For more information on how to help fellow citizens and
continue building a stronger community, visit recoverymonth.gov.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 2008 as National
Alcohol and Drug Addiction Recovery Month. I call upon the people of the
United States to observe this month with the appropriate programs,
ceremonies, and activities.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of August, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8284 of August 28, 2008
National Days of Prayer and Remembrance, 2008
By the President of the United States of America
A Proclamation
During National Days of Prayer and Remembrance, we pay special tribute
to the thousands of innocent victims who died on September 11, 2001. Our
Nation honors the brave citizens, service members, police officers, and
firefighters who heroically responded in the face of terror. On these
important days, we reflect on the terrible events of September 11, 2001,
and lift the victims and their families in our prayers.
Our Nation will never forget the individuals who lost their lives in New
York, Pennsylvania, and at the Pentagon. America remains inspired by the
countless acts of kindness and sacrifice we saw that day--fearless
rescuers who rushed toward danger, a beloved priest who died helping
others, two office workers who carried a disabled person 68 floors to
safety.
We also pray for the safety and success of the members of our Armed
Forces now serving freedom's cause. We seek God's grace on their
families, and commit to Heaven's care those brave men and women He has
called home. We ask the Almighty to watch over America and pray for His
providence and continued blessings on our country. May He always guide
the United States of America. As we defend our country against its
enemies, we pray for help in protecting the gift of freedom from those
who seek to destroy it, and we ask the Almighty to strengthen all those
securing liberty on distant shores.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim Friday, September 5,
through Sunday, September 7, 2008, as National Days of Prayer and
Remembrance. I ask that the people of the United States and their places
of worship mark these National Days of Prayer and Remembrance with
memorial services, the ringing of bells, and evening candlelight
remembrance vigils. I also invite all people across the world to share
in these Days of Prayer and Remembrance.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of August, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8285 of September 3, 2008
National Historically Black Colleges and Universities Week, 2008
By the President of the United States of America
A Proclamation
Historically Black Colleges and Universities (HBCUs) are helping to
extend lifelines of learning throughout our country. During Historically
Black Colleges and Universities Week, we pay tribute to these
distinguished institutions.
Our Nation's HBCUs help unlock the great potential within students by
providing quality higher education to traditionally underserved
communities. By offering all students an opportunity to develop their
skills and talents, HBCUs are helping more Americans realize the promise
of our Nation.
My Administration is committed to promoting equal opportunities and
access to higher education for all students. Since 2001, funding for
HBCUs and Historically Black Graduate Institutions has increased.
Additionally, the College Cost Reduction and Access Act of 2007 makes
college more affordable for low-income students by increasing funding
for Federal Pell Grants by more than $11 billion. The Act also helps
HBCUs increase educational opportunities in the critical fields of math,
science, technology, and foreign languages. By educating all of
America's students, we are investing in our next generation of leaders
and contributing to a more hopeful people and a more prosperous America.
Throughout this week, we renew the call for this country to never rest
until equality is real, opportunity is universal, and all citizens can
realize their dreams. We also recognize our country's HBCUs and their
important role in making these goals a reality.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 7 through
September 13, 2008, as National Historically Black Colleges and
Universities Week. I call upon public officials, educators, librarians,
and all the people of the United States to observe this week with
appropriate programs, ceremonies, and activities in respect and
appreciation for the contributions these valuable institutions and their
graduates have made to our country.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8286 of September 8, 2008
Patriot Day, 2008
By the President of the United States of America
A Proclamation
September 11, 2001, was etched into America's memory when 19 terrorists
attacked us with barbarity unequaled in our history. On Patriot Day, we
cherish the memory of the thousands of innocent victims lost, extend our
thoughts and prayers to their families, and honor the heroic men and
women who risked and sacrificed their lives so others might survive.
Since 9/11, we have recognized the threat posed by terrorists to the
safety of the American people and worked to protect our homeland by
fighting terrorists abroad. We are confronting terrorism by advancing
freedom, liberty, and prosperity as an alternative to the ideologies of
hatred and repression. Our Nation pays tribute to our courageous men and
women in uniform serving around the world and the devoted members of our
law enforcement, public safety, and intelligence communities at home who
work night and day to protect us from harm and preserve the freedom of
this great Nation.
Seven years ago, ordinary citizens rose to the challenge, united in
prayer, and responded with extraordinary acts of courage, with some
giving their lives for the country they loved. On Patriot Day, we
remember all those who were taken from us in an instant and seek their
lasting memorial in a safer and more hopeful world. We must not allow
our resolve to be weakened by the passage of time. We will meet the test
that history has given us and continue to fight to rid the world of
terrorism and promote liberty around the globe.
By a joint resolution approved December 18, 2001 (Public Law 107-89),
the Congress has designated September 11 of each year as ``Patriot
Day.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim September 11, 2008, as Patriot Day. I call
upon the Governors of the United States and the Commonwealth of Puerto
Rico, as well as appropriate officials of all units of government, to
direct that the flag be flown at half-staff on Patriot Day. I also call
upon the people of the United States to observe Patriot Day with
appropriate ceremonies, activities, and remembrance services, to display
the flag at half-staff from their homes on that day, and to observe a
moment of silence beginning at 8:46 a.m. eastern daylight time to honor
the innocent Americans and people from around the world who lost their
lives as a result of the terrorist attacks of September 11, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8287 of September 12, 2008
National Hispanic Heritage Month, 2008
By the President of the United States of America
A Proclamation
During National Hispanic Heritage Month, we recognize the many Americans
of Hispanic descent who have made outstanding contributions to our
Nation.
The rich cultural traditions of the Hispanic-American community have
made a remarkable impact on American society. The diverse backgrounds of
Hispanic Americans and their dedication to family have become an
integral part of America. With a deep commitment to faith and a strong
desire to live the American dream, these citizens are realizing the full
blessings of liberty. Educational opportunities are helping a new
generation work toward success, and many Hispanic Americans operate
thriving small businesses.
We also honor Hispanic Americans for their strong tradition of service
in the Armed Forces. These proud patriots have fought in every war since
our founding, and many have earned the Medal of Honor for their courage.
Hispanic service men and women have shown their love for the United
States by answering the call to serve, and we owe them and their
families a tremendous debt of gratitude. Their patriotism and valor have
added to the character of our Nation.
National Hispanic Heritage Month is an opportunity to celebrate the
spirit and accomplishments of Hispanic Americans everywhere. To honor
those achievements, the Congress, by Public Law 100-402, as amended, has
authorized and requested the President to issue annually a proclamation
designating September 15 through October 15 as ``National Hispanic
Heritage Month.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim September 15 through
October 15, 2008, as National Hispanic Heritage Month. I call upon
public officials, educators, librarians, and all the people of the
United States to observe this month with appropriate ceremonies,
activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8288 of September 12, 2008
National Employer Support of the Guard and Reserve Week, 2008
By the President of the United States of America
A Proclamation
Throughout history, America has counted on brave individuals willing to
put on the uniform to protect our land and defend our way of life. This
week we honor and recognize the many contributions members of our
National Guard and Reserve make to our Nation, and we thank the civilian
employers who support these individuals as they answer the call of duty.
The men and women of the National Guard and Reserve have demonstrated
the highest form of citizenship, and their service is vital to the
security of our country and the peace of the world. As the early
patriots who claimed our Nation's liberty did, today's Guard and Reserve
are fighting a new and unprecedented war and pledging their lives and
honor to defend our freedom. As many of those early patriots did,
members of today's Guard and Reserve lead civilian lives but stand ready
to wear our Nation's uniform when liberty is threatened. The families of
the National Guard and Reserve serve our Nation by proudly standing
behind these brave men and women, and America appreciates their
sacrifice as well.
In all they do, the National Guard and Reserve and their families
represent the best of the American spirit.
Our Nation also depends on the commitment of the civilian employers of
the members of the National Guard and Reserve. In offices and factories
across America, organizations do without the talents of many hard-
working people who have been called upon to protect our country. Our
Nation's employers provide time off, pay, healthcare benefits, and job
security because they care about and love their country. These
businesses have put patriotism above profit, and they deserve the
gratitude of all Americans.
During National Employer Support of the Guard and Reserve Week, a
grateful country pays tribute to the men and women of the National Guard
and Reserve, and we express our gratitude to the employers who support
them and help enable them to serve.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 14 through
September 20, 2008, as National Employer Support of the Guard and
Reserve Week. I encourage all Americans to join me in expressing our
thanks to members of our National Guard and Reserve and their civilian
employers for their patriotism and sacrifices on behalf of our Nation. I
also call upon State and local officials, private organizations,
businesses, and all military commanders to observe this week with
appropriate ceremonies and activities.
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IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8289 of September 17, 2008
Constitution Day and Citizenship Day, Constitution Week, 2008
By the President of the United States of America
A Proclamation
Americans are united by the ideals of equal justice, limited government,
and the rule of law. On Constitution Day and Citizenship Day and during
Constitution Week, we remember the vision and determination of the
Framers to build a free society, and we celebrate the historical
document they created to achieve that goal.
More than two centuries ago, our Founding Fathers gathered in
Philadelphia and produced a charter that would promote justice and
preserve the liberty of all our citizens. The Founders established three
separate branches of Government with a system of checks and balances
among them. Ours is the oldest written constitution in the world, and
the American experiment remains the world's best hope for freedom.
The Constitution forged the American creed of liberty and equality and
has lifted the lives of countless individuals. Whether they are citizens
by birth or by oath, Americans share a great tradition of enjoying
liberty protected by a constitutional government of their choosing.
On Constitution Day and Citizenship Day, and during Constitution Week,
Americans come together and recognize the blessings bestowed upon our
great Nation. On this occasion we celebrate the courage of the
Constitution's drafters and recommit ourselves to making the United
States a more perfect union.
In recognition of the signing of the Constitution and of Americans who
strive to fulfill the duties and responsibilities of citizenship, the
Congress, by joint resolution of February 29, 1952 (36 U.S.C. 106, as
amended), designated September 17 as ``Constitution Day and Citizenship
Day,'' and by joint resolution of August 2, 1956 (36 U.S.C. 108, as
amended), requested that the President proclaim the week beginning
September 17 and ending September 23 of each year as ``Constitution
Week.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim September 17, 2008, as Constitution Day and
Citizenship Day, and September 17 through September 23, 2008, as
Constitution Week. I encourage Federal, State, and local officials, as
well as leaders of civic, social, and educational organizations, to
conduct ceremonies and programs that celebrate our Constitution and
reaffirm our rights and responsibilities as citizens of this great
Nation.
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IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8290 of September 17, 2008
National POW/MIA Recognition Day, 2008
By the President of the United States of America
A Proclamation
On National POW/MIA Recognition Day, we honor the brave and patriotic
Americans who were held as prisoners of war, and we remember those who
are still missing in action. For their valor and selfless devotion to
protect the country they love, our Nation owes them a debt we can never
fully repay. On this day we underscore our commitment and pledge to
those who are still missing in action and to their families that we will
not rest until we have achieved the fullest possible accounting for
every member of our Armed Forces missing in the line of duty.
To observe this important day, the National League of Families POW/MIA
flag is flown over the Capitol, the White House, the World War II
Memorial, the Korean War Veterans Memorial, the Vietnam Veterans
Memorial, and other locations across our country. The flag is a solemn
reminder of our Nation's enduring obligation and promise to our
courageous service members who remain missing and a tribute to those who
have been imprisoned while serving their country in conflicts around the
world.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim Friday, September 19,
2008, as National POW/MIA Recognition Day. I call upon the people of the
United States to join me in honoring and remembering all former American
prisoners of war and those missing in action for their valiant service
to our Nation. I also call upon Federal, State, and local government
officials and private organizations to observe this day with appropriate
ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8291 of September 18, 2008
National Farm Safety and Health Week, 2008
By the President of the United States of America
A Proclamation
Agriculture has always been a vital part of America's economy and
culture, and our farmers and ranchers are among the best stewards of our
land. During National Farm Safety and Health Week, we recognize those
working in agriculture for their contributions to our Nation's
prosperity, security, and health, and we also seek to raise awareness
about the occupational hazards of this industry.
Farming and ranching are strenuous occupations, and workers can be
exposed to many dangers, including those associated with extreme weather
conditions, operating heavy machinery, and working with livestock.
Teaching awareness about potential dangers, implementing preventative
measures, and supervising children as they work and play can help
mitigate risks and reduce the number of injuries and fatalities on farms
and ranches.
Our Nation's farmers and ranchers exemplify the American values of hard
work, deep commitment to faith, and love of family. During National Farm
Safety and Health Week, we celebrate these extraordinary men and women
who are building a prosperous future for our country.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim September 21 through
September 27, 2008, as National Farm Safety and Health Week. I call upon
the agencies, organizations, and businesses that serve America's
agricultural workers to continue to strengthen their commitment to
promoting farm safety and health programs. I also urge all Americans to
honor our agricultural heritage and to recognize our farmers and
ranchers for their remarkable contributions to our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8292 of September 19, 2008
Family Day, 2008
By the President of the United States of America
A Proclamation
Strong families are essential to the well-being of our Nation. On Family
Day, we celebrate the relationship between parents and their children,
and we recognize the importance of families spending time together.
As a source of hope, guidance, stability, and love for every generation,
families both teach and exemplify the values and virtues needed in
today's
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changing world. As parents and as role models to America's children, we
can help prepare our children for a bright future by offering steadfast
support and unconditional love.
The character of a child is formed in his or her earliest years by the
love and guidance of family members and other caring individuals. Since
2001, my Administration has worked to strengthen the American family,
and we have worked with faith-based and community organizations to
promote healthy marriages and responsible fatherhood. By striving to
ensure that children remain connected to their families, communities,
places of worship, and schools, we are helping them make good choices
and build lives of purpose.
Parents are the primary teachers of our Nation's youth, and they are the
first ones to educate them about the differences between right and
wrong. By being proactive and involved in a child's life, families pass
along the traditions and principles that help make America a
compassionate, decent, and hopeful society.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 22, 2008, as
Family Day. I call upon the people of the United States to observe this
day by engaging in activities that strengthen the bonds between children
and parents.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8293 of September 24, 2008
Gold Star Mother's Day, 2008
By the President of the United States of America
A Proclamation
Throughout our history, the men and women of the Armed Forces have put
our Nation's security before their own, doing their duty in the face of
grave danger. On Gold Star Mother's Day, we pay solemn tribute to the
mothers of the patriots lost serving this great Nation.
Gold Star Mothers inspire our Nation with their deep devotion to family
and country. These extraordinary women serve their communities, dedicate
their time to helping members of our Armed Forces and veterans, and
bring comfort and hope to families whose loved ones laid down their
lives in the defense of our liberty. Nothing can compensate for their
sacrifice and loss, yet Gold Star Mothers demonstrate tremendous courage
and resolve while working to preserve the memory and legacy of all our
fallen heroes.
On this day, we honor our country's Gold Star Mothers and remember their
sons' and daughters' noble service and great sacrifice. We offer them
our
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deepest gratitude and our most profound respect, and we ask for God's
blessings to be upon them and their families.
The Congress, by Senate Joint Resolution 115 of June 23, 1936 (49 Stat.
1895 as amended), has designated the last Sunday in September as ``Gold
Star Mother's Day'' and has authorized and requested the President to
issue a proclamation in its observance.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim Sunday, September 28, 2008, as Gold Star
Mother's Day. I call upon all Government officials to display the flag
of the United States over Government buildings on this special day. I
also encourage the American people to display the flag and hold
appropriate ceremonies as a public expression of our Nation's sympathy
and respect for our Gold Star Mothers.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8294 of September 26, 2008
To Implement Amendments to the Burmese Freedom and Democracy Act of 2003
By the President of the United States of America
A Proclamation
1. Section 3A(b)(1) of the Burmese Freedom and Democracy Act of 2003
(Public Law 108-61) (the ``Burmese Freedom and Democracy Act''), as
amended by section 6(a) of the Tom Lantos Block Burmese JADE (Junta's
Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (the ``JADE
Act''), directs the President to prohibit the importation of jadeite and
rubies mined or extracted from Burma, as well as the importation of
articles of jewelry containing jadeite and rubies mined or extracted
from Burma (Burmese covered articles), until such time as the President
determines and certifies to the appropriate congressional committees
that Burma has met the conditions described in section 3(a)(3) of the
Burmese Freedom and Democracy Act.
2. Sections 3A(c)(1) and 3A(c)(2) of the Burmese Freedom and Democracy
Act, as amended, set forth certain conditions for the importation of
jadeite and rubies mined or extracted from countries other than Burma,
as well as for the importation of articles of jewelry containing jadeite
and rubies mined or extracted from countries other than Burma (non-
Burmese covered articles).
3. Section 3A(c)(2) of the Act, as amended, also permits the President
to waive the conditions for importation set forth in section 3A(c)(1) of
non-Burmese covered articles from any country with respect to which the
President determines and certifies to the appropriate congressional
committees
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that the country has implemented certain measures to prevent the trade
in Burmese covered articles. 4. In order to implement the prohibitions
on the importation of Burmese covered articles and the conditions for
importation of non-Burmese covered articles set forth in sections
3A(b)(1), 3A(c)(1), and 3A(c)(2) of the Burmese Freedom and Democracy
Act, as amended, it is necessary to modify the Harmonized Tariff
Schedule of the United States (HTS) to include an additional U.S. Note
to chapter 71.
5. Section 604 of the Trade Act of 1974, as amended (the ``1974 Act'')
(19 U.S.C. 2483), authorizes the President to embody in the HTS the
substance of relevant provisions of that Act, or other acts affecting
import treatment, and of actions taken thereunder, including the
removal, modification, continuance, or imposition of any rate of duty or
other import restriction.
6. Sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy
Act, as amended, authorize the President to issue such proclamations,
regulations, licenses, and orders, and conduct such investigations, as
may be necessary to implement the prohibition on Burmese covered
articles set forth in section 3A(b)(1) of that Act and the conditions
for importation of non-Burmese covered articles set forth in sections
3A(c)(1) and 3A(c)(2) of that Act.
7. I have determined that it is appropriate to authorize the Secretary
of the Treasury and the Secretary of Homeland Security, pursuant to
sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act,
as amended, to issue regulations, licenses, and orders, and conduct such
investigations as may be necessary, to implement the prohibition on
importation of Burmese covered articles set forth in section 3A(b)(1) of
that Act and the conditions for importation of non-Burmese covered
articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act. I
further determine that it is appropriate to authorize the Secretary of
the Treasury and the Secretary of Homeland Security to redelegate, as
necessary, any of these functions to other officers and agencies of the
United States Government consistent with applicable law.
8. I have determined that it is appropriate to authorize the Secretary
of the Treasury, in consultation with the Secretary of State, to perform
the functions set forth in section 3A(c)(2)(A) of the Burmese Freedom
and Democracy Act, as amended, relating to the issuance waivers of the
conditions for importation set forth in section 3A(c)(1) of non-Burmese
covered articles from any country that has implemented certain measures
to prevent the trade in Burmese covered articles. I further determine
that it is appropriate to authorize the Secretary of the Treasury to
redelegate, as necessary, any of these functions to other officers and
agencies of the United States Government consistent with applicable law.
9. Section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as
amended, directs the President to take all appropriate actions to seek
issuance of a draft waiver decision by the Council for Trade in Goods of
the World Trade Organization (WTO) granting a waiver of the applicable
WTO obligations with respect to the provisions of section 3A of the
Burmese Freedom and Democracy Act, as amended, and any measures taken to
implement it.
10. I have determined that it is appropriate to authorize the United
States Trade Representative to perform the functions specified in
section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as
amended.
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11. Section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as
amended, directs the President to take all appropriate actions to seek
the adoption of a resolution by the United Nations General Assembly
expressing the need to address trade in Burmese covered articles and
calling for the creation and implementation of a workable certification
scheme for non-Burmese covered articles to prevent the trade in Burmese
covered articles.
12. I have determined that it is appropriate to authorize the Secretary
of State to perform the functions specified in section 3A(b)(3)(B) of
the Burmese Freedom and Democracy Act, as amended.
13. Section 3A(g) of the Burmese Freedom and Democracy Act, as amended,
directs the President to, not later than January 26, 2009, transmit to
the appropriate congressional committees a report describing what
actions the United States has taken during the 60-day period beginning
on the date of the enactment of the JADE Act to seek (i) the issuance of
a draft waiver decision by the Council for Trade in Goods of the WTO, as
specified in section 3A(b)(3)(A) of the Burmese Freedom and Democracy
Act, as amended; (ii) the adoption of a resolution by the United Nations
General Assembly, as specified in section 3A(b)(3)(B) of that Act; and
(iii) the negotiation of an international arrangement, as specified in
section 3A(f)(1) of that Act.
14. I have determined that it is appropriate to authorize the Secretary
of State, in consultation with the United States Trade Representative,
to perform the functions specified in section 3A(g) of the Burmese
Freedom and Democracy Act, as amended.
15. Under section 3(b) of the Burmese Freedom and Democracy Act, as
amended by section 6(c) of the JADE Act, the President may waive the
restrictions described above if the President determines and notifies
the Committees on Appropriations, Finance, and Foreign Relations of the
Senate and the Committees on Appropriations, Foreign Affairs, and Ways
and Means of the House of Representatives that to do so is in the
national interest of the United States.
16. I have determined that it is appropriate to authorize the Secretary
of State to perform the functions and authorities specified in section
3(b) of the Burmese Freedom and Democracy Act, as amended.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including sections 3 and 3A of
the Burmese Freedom and Democracy Act, as amended by section 6 of the
JADE Act, section 604 of the 1974 Act, and section 301 of title 3,
United States Code, do proclaim that:
(1) In order to implement the prohibition on the importation of Burmese
covered articles and the conditions for the importation of non-Burmese
covered articles provided for in sections 3A(b)(1) and 3A(c)(1) of the
Burmese Freedom and Democracy Act, as amended, an additional U.S. Note as
set forth in the Annex to this proclamation is included in chapter 71 of
the HTS.
(2) Beginning on September 27, 2008, the importation into the United States
of any Burmese covered article shall be prohibited, except as provided for
(i) in section 3A(d) of the Burmese Freedom and Democracy Act, as amended;
(ii) in regulations, orders, directives, or licenses that
[[Page 90]]
may be issued pursuant to this proclamation and section 3A(b)(2) of the
Burmese Freedom and Democracy Act, as amended; or (iii) by waiver issued
pursuant to section 3(b) of the Burmese Freedom and Democracy Act, as
amended.
(3) Beginning on September 27, 2008, as a condition for the importation
into the United States of any non-Burmese covered article, the importer and
exporter of such article must meet the conditions set forth in section
3A(c)(1) of the Burmese Freedom and Democracy Act, as amended, except as
provided for (i) in section 3A(d) of that Act; (ii) in regulations, orders,
directives, or licenses issued pursuant to this proclamation and section
3A(c)(3) of the Burmese Freedom and Democracy Act, as amended; or (iii) by
waiver issued pursuant to either section 3(b) or section 3A(c)(2) of the
Burmese Freedom and Democracy Act, as amended.
(4) The Secretary of the Treasury and the Secretary of Homeland Security
are hereby authorized, pursuant to sections 3A(b)(2) and 3A(c)(3) of the
Burmese Freedom and Democracy Act, as amended, to issue regulations,
licenses, and orders, and conduct such investigations as may be necessary,
to implement the prohibition on Burmese covered articles set forth in
section 3A(b)(1) of that Act and the conditions for importation of non-
Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of
that Act. The Secretary of the Treasury and the Secretary of Homeland
Security are further authorized to redelegate, as necessary, any of these
functions to other officers and agencies of the United States Government
consistent with applicable law.
(5) The Secretary of the Treasury, in consultation with the Secretary of
State, is hereby authorized to perform the functions set forth in section
3A(c)(2)(A) of the Burmese Freedom and Democracy Act, as amended, relating
to the issuance of waivers of the conditions for importation set forth in
section 3A(c)(1) of non-Burmese covered articles from any country that has
implemented certain measures to prevent the trade in Burmese covered
articles. The Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United States Government
consistent with applicable law.
(6) The United States Trade Representative is hereby authorized to perform
the functions specified in section 3A(b)(3)(A) of the Burmese Freedom and
Democracy Act, as amended.
(7) The Secretary of State is hereby authorized to perform the functions
specified in section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act,
as amended.
(8) The Secretary of State is hereby authorized, in consultation with the
United States Trade Representative, to perform the functions specified in
section 3A(g) of the Burmese Freedom and Democracy Act, as amended.
(9) The Secretary of State is hereby authorized to perform the functions
specified in section 3(b) of the Burmese Freedom and Democracy Act, as
amended.
(10) Any provisions of previous proclamations and Executive Orders that are
inconsistent with the actions taken in this proclamation are superseded to
the extent of such inconsistency.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8295 of September 26, 2008
National Hunting and Fishing Day, 2008
By the President of the United States of America
A Proclamation
From our rugged peaks and mountains to our shining seas, our Nation is
blessed with remarkable natural treasures. These magnificent landscapes
are places where families and friends can create lasting memories and
enjoy the outdoors. On National Hunting and Fishing Day, our country
honors the many contributions of America's hunters and anglers, who add
to our heritage and keep our wildlife populations healthy and strong.
Our Nation's sportsmen and women are among our foremost
conservationists. They care deeply about our wildlife habitats, and they
have contributed billions of dollars to wildlife restoration through the
Pittman-Robertson Act, which is a levy on certain sporting goods. This
investment has helped restore many species, including the American elk,
black bear, and wild turkey. Through the Federal Waterfowl Stamp
program, the conservation of habitats for migratory birds has been
greatly improved. By protecting our Nation's wildlife, we can continue
to advance the values of good stewardship.
My Administration has created, protected, and restored millions of acres
of wetlands. Through my Ocean Action Plan, we are protecting fish
populations and marine habitat. I was pleased to amend Executive Order
12962 to recognize the value of recreational fishing as a sustainable
activity in Federal waters. We have also improved the health of millions
of acres of forests under the Healthy Forests Restoration Act. This
important legislation is helping to protect our public lands from the
risk of catastrophic wildfires and contributes to a healthier
environment for all Americans.
On this special day, we remember our responsibility to preserve the
great American landscape for future generations, and we celebrate the
joy of hunting and fishing in the great outdoors.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 27, 2008, as
National Hunting and Fishing Day. I call upon the people of the United
States to join me in recognizing the contributions of America's hunters
and anglers, and all those who work to conserve our Nation's fish and
wildlife resources.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day
of September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8296 of September 30, 2008
To Modify Duty-free Treatment Under The Caribbean Basin Economic
Recovery Act and for Other Purposes
By the President of the United States of America
A Proclamation
1. Section 213A(b) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a(b)) (the ``CBERA''), as amended by section 15402(a)(2) of
the Haitian Hemispheric Opportunity through Partnership Encouragement
Act of 2008 (part 1 of subtitle D of title XV of Public Law 110-246, 122
Stat. 2289) (the ``HOPE II Act''), provides that preferential tariff
treatment may be provided for certain apparel and other articles
originating in Haiti that are imported directly from Haiti or the
Dominican Republic into the customs territory of the United States.
2. Pursuant to section 213A(f)(3) of CBERA (19 U.S.C. 2703a(f)(3)), as
redesignated by section 15403(2) of the HOPE II Act (122 Stat. 2302),
apparel and other articles described in section 213A(b) of CBERA that
are shipped from the Dominican Republic to the United States directly or
through the territory of an intermediate country shall not qualify for
the preferential tariff treatment provided for under section 213A(b)
until the President certifies to the Congress that Haiti and the
Dominican Republic have developed procedures to prevent unlawful
transshipment of the articles and the use of counterfeit documents
related to the importation of the articles into the United States.
3. I have determined, and hereby certify, that Haiti and the Dominican
Republic have developed the procedures described in section 213A(f)(3)
of CBERA.
4. Section 15406 of the HOPE II Act (122 Stat. 2308) authorizes the
President to exercise the authority provided under section 604 of the
Trade Act of 1974, as amended (19 U.S.C. 2483) (the ``1974 Act''), to
proclaim such modifications to the Harmonized Tariff Schedule of the
United States (HTS) as may be necessary to carry out the HOPE II Act.
5. I have determined that it is appropriate to authorize the United
States Trade Representative (USTR) to perform the following functions:
the functions set forth in section 213A(d)(4) of CBERA, as amended (122
Stat. 2307; 19 U.S.C. 2703a(d)(4)); the reporting function set forth in
section 213A(e)(1)(B)(ii) of CBERA, as amended (122 Stat. 2302; 19
U.S.C. 2703a(e)(1)(B)(ii)); the consultation function set forth in
section 213A(e)(1)(C)(i) of CBERA, as amended (122 Stat. 2302-3; 19
U.S.C. 2703a(e)(1)(C)(i)); and the functions set forth in section
213A(e)(5) of CBERA, as amended (122 Stat. 2307; 19 U.S.C. 2703a(e)(5)).
6. I have determined that it is appropriate to authorize the Secretary
of Labor, in consultation with the USTR, to perform the functions
related to identifying producers and seeking to provide assistance to
such producers set forth in section 213A(e)(4)(B)(i) and (ii) of CBERA,
as amended (122 Stat. 2306; 19 U.S.C. 2703a(e)(4)(B)(i), (ii)).
7. In Presidential Proclamation 8272 of June 30, 2008, I waived,
pursuant to section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)),
the application
[[Page 94]]
of the competitive need limitations in section 503(c)(2)(A) of the 1974
Act (19 U.S.C. 2463(c)(2)(A)) with respect to certain articles from
Turkey. A technical rectification to the HTS is required to provide the
intended tariff treatment.
8. Section 604 of the 1974 Act authorizes the President to embody in the
HTS the substance of relevant provisions of that Act, or other acts
affecting import treatment, and of actions taken thereunder.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including section 15406 of the
HOPE II Act, section 604 of the 1974 Act, and section 301 of title 3,
United States Code, do proclaim that:
(1) In order to provide the tariff treatment for articles imported
directly from Haiti or the Dominican Republic provided for in section
213A(b) of CBERA, as amended by the HOPE II Act, the HTS is modified as
set forth in the Annex to this proclamation.
(2) The modifications to the HTS set forth in the Annex to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the date set forth
in the Annex.
(3) The USTR is hereby authorized to perform the functions set forth in
section 213A(d)(4) of CBERA; the reporting function set forth in section
213A(e)(1)(B)(ii) of CBERA; the consultation function set forth in
section 213A(e)(1)(C)(i) of CBERA; and the functions set forth in
section 213A(e)(5) of CBERA.
(4) The Secretary of Labor, in consultation with the USTR, is hereby
authorized to perform the functions related to identifying producers and
seeking to provide assistance to such producers set forth in section
213A(e)(4)(B)(i) and (ii) of CBERA.
(5) In order to correct technical errors in Presidential Proclamation
8272, General Note 4(d) of the HTS is modified by deleting ``7413.00.50
Turkey,'' and the Rates of Duty 1-Special subcolumn for HTS subheading
7413.00.50 is modified by deleting the symbol ``A*'' and inserting the
symbol ``A'' in lieu thereof, effective with respect to goods entered,
or withdrawn from warehouse for consumption, on or after July 1, 2008.
(6) The USTR shall notify the Congress of this proclamation and
certification.
(7) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8297 of October 1, 2008
National Breast Cancer Awareness Month, 2008
By the President of the United States of America
A Proclamation
During National Breast Cancer Awareness Month, we underscore our
commitment to fighting and preventing this devastating disease. Breast
cancer is one of the most common types of cancer among women, and we
must strengthen our support of those who are living with this disease
while continuing to work toward a cure.
Breast cancer can be attributed to many factors, including age,
genetics, obesity, and family history. Women who exercise regularly,
maintain healthy diets, and have yearly visits with their doctors are
less likely to get breast cancer. Various screening measures such as
mammograms, regular breast self-exams, and clinical breast exams can
help detect cancer before it has a chance to spread. Early detection
allows for early intervention, helps make treatment more effective, and
gives hope to patients and saves lives.
America leads the world in medical research, and my Administration will
continue to support efforts to treat and cure breast cancer. Since 2005,
the Cancer Genome Atlas has studied the genetic sources of all types of
cancer, and last year, I signed the ``National Breast and Cervical
Cancer Early Detection Program Reauthorization Act of 2007,'' which will
help millions of low-income and uninsured women get the screenings they
need to detect cancer early. First Lady Laura Bush has encouraged women
around the world to take charge of their health and emphasized the
importance of screenings and early detection. In partnership with
Federal agencies, State health agencies, and other medical
professionals, my Administration has taken action to improve our
Nation's healthcare system and helped promote the prevention, detection,
and treatment of breast cancer.
This month, we honor those currently battling the disease and all who
have survived the fight against breast cancer. We are inspired by their
strength and determination. We recognize and applaud the hard-working
caregivers and researchers who are dedicated to providing comfort and
assistance to those with breast cancer and to treating and curing this
disease. We also remember those lost to breast cancer and extend our
thoughts and prayers to their families.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim October 2008 as
National Breast Cancer Awareness Month. I call upon Government
officials, businesses, communities, health care professionals,
educators, volunteers, and the people of the United States to continue
our Nation's strong commitment to preventing, treating, and ultimately
curing breast cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
[[Page 101]]
Proclamation 8298 of October 1, 2008
National Disability Employment Awareness Month, 2008
By the President of the United States of America
A Proclamation
During National Disability Employment Awareness Month, we reaffirm our
commitment to ensuring that our Nation's promise extends to all our
citizens.
Millions of Americans live with disabilities, and many other Americans
will become disabled at some point in their lives. To integrate people
with disabilities more fully into every aspect of life, our country is
working to advance greater freedoms at work, in schools, and throughout
communities. By expanding employment opportunities and fighting false
perceptions that hinder people living with disabilities from joining the
workforce, we can uphold America's moral values, strengthen our economy,
and make America a more hopeful place.
More than 7 years ago, my Administration announced the New Freedom
Initiative, which expanded upon the landmark reforms of the Americans
with Disabilities Act. Since then, the Initiative has increased access
for people with disabilities through technology, provided additional
educational opportunities for youth, and integrated more Americans into
the workforce. My Administration remains committed to empowering all
people to reach their full educational, social, and professional goals.
To learn more about the Federal Government's disability-related
programs, please visit DisabilityInfo.gov.
To recognize the contributions of Americans with disabilities and to
encourage all citizens to ensure equal opportunity in the workforce, the
Congress has designated October of each year (36 U.S.C. 121) as
``National Disability Employment Awareness Month.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim October 2008 as National Disability
Employment Awareness Month. I call upon Government officials, labor
leaders, employers, and the people of the United States to observe this
month with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
[[Page 102]]
Proclamation 8299 of October 1, 2008
National Domestic Violence Awareness Month, 2008
By the President of the United States of America
A Proclamation
Our Nation has a moral obligation to work to prevent domestic violence
and address its brutal and destructive effects. During National Domestic
Violence Awareness Month, we underscore our commitment to helping
individuals across our country who face such devastating violence.
My Administration remains dedicated to eradicating domestic violence and
helping victims find the compassion, comfort, and healing they need. In
2003, I announced the creation of the Family Justice Center Initiative
to help local communities provide comprehensive services at one location
for victims of domestic violence. In 2006, I was proud to sign
legislation that reauthorized the Violence Against Women Act to improve
criminal justice responses to domestic violence, sexual assault, and
stalking. The Department of Justice's Domestic Violence Transitional
Housing Assistance Program also offers victims of violence counseling
and transitional housing services so they can escape the cycle of abuse.
During this month, we rededicate ourselves to protecting vulnerable
members of our society and ensuring domestic abusers are punished to the
full extent of the law. We encourage victims of domestic violence and
their families to seek assistance through Family Justice Centers and the
National Domestic Violence Hotline at 1-800-799-SAFE. Together, we can
help heal hearts and build a culture in which all Americans can pursue
their dreams and realize the great promise of our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 2008, as National
Domestic Violence Awareness Month. I urge all Americans to reach out to
victims of domestic violence and take action to make ending domestic
violence a national priority.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8300 of October 3, 2008
Child Health Day, 2008
By the President of the United States of America
A Proclamation
Americans have a duty to promote the health and safety of our children.
On Child Health Day, we affirm that all children are a precious gift,
and we underscore our commitment to helping them realize their full
potential.
[[Page 103]]
Families are the foundation of our society, and parents play the vital
role of providing stability, guidance, and discipline so children can
lead healthy lives. Teachers, caregivers, and mentors can also help
teach children about the importance of making good choices. All
Americans can help our Nation's youth become healthy and responsible
adults by encouraging them to avoid risky behaviors such as early sexual
activity, drugs, alcohol, and violence.
My Administration remains dedicated to helping younger generations
achieve their dreams by supporting programs that encourage children to
maintain healthy and active lifestyles. The Helping America';s Youth
initiative, led by First Lady Laura Bush, is helping children make smart
decisions so they can confront challenges and live longer and better
lives. The HealthierUS initiative encourages positive habits and
addresses public health issues facing our Nation's youth, such as
childhood obesity. Through the President's Challenge, we are promoting
personal fitness and encouraging youth to stay active beyond the school
gym. Through these and other efforts, we can make our country stronger
by teaching children the importance of healthy choices.
The Congress, by a joint resolution approved May 18, 1928, as amended
(36 U.S.C. 105), has called for the designation of the first Monday in
October as ``Child Health Day'' and has requested the President to issue
a proclamation in observance of this day.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim Monday, October 6, 2008, as Child Health
Day. I call upon families, schools, child health professionals, faith-
based and community organizations, and State and local governments to
reach out to our Nation's young people, encourage them to avoid
dangerous behavior, and help them make the right choices to achieve
their dreams.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8301 of October 3, 2008
German-American Day, 2008
By the President of the United States of America
A Proclamation
For generations, German Americans have contributed to our Nation's
identity, culture, and prosperity. On German-American Day, we recognize
the many Americans with German ancestry who helped make our country
great, and we celebrate our strong friendship with Germany.
The people of Germany and the United States share important family and
cultural ties, and millions of American citizens are of German descent.
Some of their forebears were among the first to settle Jamestown, and
they and many others like them helped lay the foundation for our
country, which has become the most prominent symbol of freedom in the
world.
[[Page 104]]
Many German Americans have shaped our way of life and added to our
country's rich heritage.
In celebrating German-American Day, we honor generations of German
Americans who came to our shores with dreams of opportunity and
contributed to the greatness of our country.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 6, 2008, as
German-American Day. I encourage all Americans to celebrate the many
contributions German Americans have made to our Nation's liberty and
prosperity.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8302 of October 3, 2008
Fire Prevention Week, 2008
By the President of the United States of America
A Proclamation
Fire Prevention Week is an opportunity to call attention to the
importance of fire safety, especially in the home, and to honor our
Nation's firefighters for their heroism.
Americans can help reduce home fires by taking simple steps such as
regularly inspecting furnaces and fireplaces, keeping space heaters at
least 3 feet from flammable materials, and checking the condition of
electrical cords. Making sure that smoke alarms and fire extinguishers
work can also help minimize the impact of home and building fires. I
encourage all Americans to remember this year's theme--``It's Fire
Prevention Week: Prevent Home Fires!''--and to check their homes for
fire hazards to help prevent disasters.
Across our Nation, firefighters put themselves at risk to protect our
communities, and their selfless dedication has saved countless lives.
America's Bravest hold a cherished place in our hearts, and we honor
those who have paid the ultimate price to protect citizens in harm's
way. The sacrifice of these men and women is an inspiration to all and
epitomizes the true meaning of heroism.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 5 through October
11, 2008, as Fire Prevention Week. On Sunday, October 5, 2008, in
accordance with Public Law 107-51, the flag of the United States will be
flown at half staff on all Federal office buildings in honor of the
National Fallen Firefighters Memorial Service. I call on all Americans
to participate in this observance through appropriate programs and
activities and by renewing their efforts to prevent fires and their
tragic consequences.
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IN WITNESS WHEREOF, I have hereunto set my hand this third day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8303 of October 8, 2008
Leif Erikson Day, 2008
By the President of the United States of America
A Proclamation
On Leif Erikson Day, we remember that son of Iceland and grandson of
Norway for his journey to North America, and we celebrate the
influential role Nordic Americans have played in our society.
Leif Erikson was among the world's greatest and most daring explorers.
More than 1,000 years ago, he led a crew across the Atlantic to North
America. Today, the same desire to explore and open new frontiers
inspires our citizens and contributes to the strength of our Nation.
America's friendships with Denmark, Finland, Iceland, Norway, and Sweden
are strong, and Nordic Americans have added to our rich cultural
diversity and proud ancestry. On this day, we recognize these
individuals for their remarkable achievements in all sectors of our
society. America is grateful for the many contributions of Nordic
Americans, and we continue to draw inspiration from the courage and
optimism of the adventurous Leif Erikson.
To honor Leif Erikson and to celebrate our citizens of Nordic American
heritage, the Congress, by joint resolution (Public Law 88-566) approved
on September 2, 1964, has authorized the President to proclaim October 9
of each year as ``Leif Erikson Day.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim October 9, 2008, as Leif Erikson Day. I call
upon all Americans to observe this day with appropriate ceremonies,
activities, and programs to honor our rich Nordic-American heritage.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
[[Page 106]]
Proclamation 8304 of October 10, 2008
National School Lunch Week, 2008
By the President of the United States of America
A Proclamation
During National School Lunch Week, we underscore the importance of
providing America's children with access to nutritious meals and helping
them develop good eating habits through the National School Lunch
Program.
The National School Lunch Program is a federally assisted meal program
administered by the Department of Agriculture's Food and Nutrition
Service in cooperation with State agencies. Since 1946, the National
School Lunch Program has served more than 187 billion lunches to
students across America. The program is designed to ensure that each day
millions of children are receiving the healthy food necessary to succeed
by providing access to nutritious low-cost or free meals. By serving
well-balanced meals that are lower in fat and have plenty of fruits,
vegetables, and whole-grain foods, this program helps children learn
healthy eating habits, reduce their risk of serious health problems, and
perform better in the classroom.
Throughout National School Lunch Week, we recognize the school officials
and parents who encourage young people to develop good eating habits. We
also thank the dedicated food service professionals who serve our
children healthy foods each day at school.
In recognition of the contributions of the National School Lunch Program
to the health, education, and well-being of America's children, the
Congress, by joint resolution of October 9, 1962 (Public Law 87-780), as
amended, has designated the week beginning on the second Sunday in
October of each year as ``National School Lunch Week'' and has requested
the President to issue a proclamation in observance of this week.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim the week of October 12 through October 18,
2008, as National School Lunch Week. I call upon all Americans to join
the dedicated individuals who administer the National School Lunch
Program in appropriate activities that support the health and well-being
of our Nation's children.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8305 of October 10, 2008
Columbus Day, 2008
By the President of the United States of America
A Proclamation
Christopher Columbus' bold voyage across the Atlantic changed the world
forever. On Columbus Day, we remember this Italian explorer's courage in
traveling to the unknown and celebrate his landmark achievements and
lasting legacy.
History holds remarkable examples of heroism and adventure, and the
journey of the navigator from Genoa in 1492 is one of history's great
stories of daring and bravery. Columbus' expedition became an epic of
discovery and opened up the New World for future generations. His
journey will forever stand as a testament to his intrepid spirit and
persistence. Today, his legacy of discovery and determination is an
example for innovators and dreamers as they pursue broader understanding
and use their talents to benefit humanity.
Columbus Day is also an opportunity to reaffirm the close ties between
the United States and Italy. Our two countries will continue to work
together to advance liberty, peace, and prosperity around the globe. Our
Nation recognizes the many inspiring contributions made by Americans of
Italian descent. We also honor the dedication and sacrifice of Italian
Americans who are serving in our country's Armed Forces. In
commemoration of Columbus' journey, the Congress has requested (36
U.S.C. 107) that the President proclaim the second Monday of October of
each year as ``Columbus Day.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim October 13, 2008, as Columbus Day. I call
upon the people of the United States to observe this day with
appropriate ceremonies and activities. I also direct that the flag of
the United States be displayed on all public buildings on the appointed
day in honor of Christopher Columbus.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8306 of October 10, 2008
General Pulaski Memorial Day, 2008
By the President of the United States of America
A Proclamation
On General Pulaski Memorial Day, we celebrate General Casimir Pulaski's
selfless dedication to the cause of freedom during the American
Revolution.
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In our Nation's struggle for independence, brave individuals such as
Casimir Pulaski came to our shores and risked their lives to help bring
liberty to a new continent. General Pulaski fought first against Russian
domination of his Polish homeland and later joined General George
Washington's Continental Army. Pulaski's valor in battle and love of
freedom earned him the rank of Brigadier General and authority to
organize an independent corps of cavalry. Through his skilled leadership
and cavalry tactics he became known as the ``Father of the American
Cavalry.'' During the siege of Savannah, General Pulaski was mortally
wounded, making the ultimate sacrifice for our country and the cause of
freedom.
General Pulaski's life exemplifies the courage and determination of the
many Polish immigrants who have helped make the United States the
greatest Nation on Earth. On General Pulaski Memorial Day, we recognize
our time-honored friendship with Poland, and we are reminded of the
great price our forefathers paid so that we might live in liberty.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 11, 2008, as
General Pulaski Memorial Day. I urge Americans to commemorate this
occasion with appropriate activities and ceremonies honoring General
Casimir Pulaski and all those who defend our freedom.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8307 of October 13, 2008
White Cane Safety Day, 2008
By the President of the United States of America
A Proclamation
Compassion is one of our Nation's defining values, and we must work to
ensure that all Americans are able to participate fully in society. The
white cane allows many of our citizens who are blind or visually
impaired to enjoy increased mobility. On White Cane Safety Day, we
celebrate the symbolism of the white cane and highlight the importance
of ensuring that individuals who are blind or visually impaired can live
independently and realize their full potential.
Through the New Freedom Initiative, my Administration has put into
action our strong commitment to helping more individuals with
disabilities participate in all aspects of life. Since 2001, this
initiative has built on the progress of the Americans with Disabilities
Act and helped create greater access to schools, the workplace, and
community life. These efforts are helping to remove barriers and
enabling more Americans to live with greater dignity and freedom.
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The Congress, by joint resolution approved on October 6, 1964 (Public
Law 88-628), as amended, has designated October 15 of each year as
``White Cane Safety Day.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim October 15, 2008, as White Cane Safety Day.
I call upon public officials, business leaders, educators, librarians,
and all the people of the United States to observe this day with
appropriate ceremonies, activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8308 of October 16, 2008
National Character Counts Week, 2008
By the President of the United States of America
A Proclamation
The strength of our Nation is found in the character of our citizens.
During National Character Counts Week, we recommit ourselves to
instilling strong values in our youth and encourage all Americans to
develop good character.
Parents and families can teach children the timeless principles of
respect, responsibility, honesty, commitment, and compassion. In our
communities, parents, mentors, clergy members, teachers, coaches, and
neighbors serve as role models by dedicating their time and talents to
help others. At home and abroad, members of our Armed Forces exemplify
the true character of our Nation by bravely protecting our freedom and
serving a cause greater than self.
The Helping America's Youth initiative, led by First Lady Laura Bush,
connects young people with caring adults and community organizations
that help them avoid risky behavior and achieve success. By becoming
actively involved in the lives of children, we can help our young people
make the right choices and lead lives of integrity and achievement.
National Character Counts Week is an opportunity for our citizens to
reaffirm their responsibility to their communities and to recognize the
importance of teaching strong values to our next generation of leaders.
For more information on ways to set a positive example and make a
lasting contribution to the future of our country, citizens can visit
volunteer.gov.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 19 through October
25, 2008, as National Character Counts Week. I call upon public
officials, educators, librarians, parents, students, and all Americans
to observe this week with appropriate ceremonies, activities, and
programs.
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IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8309 of October 16, 2008
National Forest Products Week, 2008
By the President of the United States of America
A Proclamation
During National Forest Products Week, we highlight our country's
commitment to protect and wisely use America's forests for our Nation's
prosperity and well-being.
Across our country, citizens rely on forest products to meet their daily
needs. Our forests enable us to produce goods such as paper and
furniture, provide raw materials such as lumber for homes and buildings,
and offer job opportunities that bring economic security for many
Americans.
My Administration is steadfast in its commitment to protect our forests
from both manmade and natural harm. It is vital that we continue to make
progress in conserving our natural resources and using them responsibly.
Since 2002, we have worked to restore our forests and protected them
against catastrophic fires as part of the Healthy Forests Initiative.
Americans take great pride in our country's natural splendor, and by
working together to be good stewards of the environment, we can leave
our children and grandchildren a healthy and flourishing land.
Recognizing the importance of our forests in ensuring our Nation's well-
being, the Congress, by Public Law 86-753 (36 U.S.C. 123), as amended,
has designated the week beginning on the third Sunday in October of each
year as ``National Forest Products Week'' and has authorized and
requested the President to issue a proclamation in observance of this
week.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim October 19 through October 25, 2008, as
National Forest Products Week. I call upon all Americans to observe this
week with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8310 of October 23, 2008
United Nations Day, 2008
By the President of the United States of America
A Proclamation
On October 24, 1945, in the wake of the devastation left by World War
II, the United Nations was formally established. Today, we recognize the
many contributions of the United Nations and renew our commitment to its
founding principles.
Sixty-three years ago, representatives from around the world completed
the founding charter of the United Nations and pledged to reaffirm faith
in fundamental human rights and to unite their strength to maintain
international peace and security. It is vital that this noble pledge
continue to guide the United Nations throughout the 21st century. By
taking an unequivocal stand against terrorists, those who traffic in
persons, and all who exploit the poor, the needy, and the marginalized,
the United Nations can live up to the noble ideals of the Universal
Declaration of Human Rights.
The United Nations is an organization with extraordinary potential for
good works. On United Nation's Day, we recommit ourselves to reforming
the U.N., ensuring the highest standards are upheld throughout the
organization, and renewing the principals of its charter for the 21st
century.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 24, 2008, as
United Nations Day. I urge the Governors of the 50 States, the Governor
of the Commonwealth of Puerto Rico, and the officials of other areas
under the flag of the United States to observe United Nations Day with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day
of October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8311 of October 29, 2008
National Family Caregivers Month, 2008
By the President of the United States of America
A Proclamation
During National Family Caregivers Month we recognize and celebrate the
many individuals throughout our country who work each day to ensure a
better quality of life for their family members. Through their selfless
action, these caregivers provide their loved ones support and comfort as
they age, combat illness, or suffer from disability.
Our Nation is compassionate, and we believe in the sanctity of life at
all stages. Through tireless efforts and inspiring deeds, many Americans
care
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for loved ones in need. By acting as in-home care providers, people
across our Nation are helping to ensure that their family members are
provided with love, comfort, and security. My Administration has worked
to offer caregivers support and training. In 2006, I signed the Lifespan
Respite Care Act of 2006, which established a program to help family
caregivers get access to affordable and high-quality respite care. In
addition, the National Family Caregiver Support Program encourages
cooperation among government agencies and other organizations that
support and work with family caregivers.
National Family Caregivers Month is an opportunity to recognize those
who serve a cause greater than self and contribute to the well-being of
their loved ones. Family caregivers are soldiers in America's armies of
compassion and set an inspiring example for their fellow citizens.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 2008 as National
Family Caregivers Month. I encourage all Americans to honor the selfless
service of caregivers who support their loved ones in need.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8312 of October 29, 2008
National Alzheimer's Disease Awareness Month, 2008
By the President of the United States of America
A Proclamation
During National Alzheimer's Disease Awareness Month, we recognize the
dignity and courage of the men and women living with Alzheimer's
disease. We also honor the devoted family members and caretakers who
bring them love and comfort, and we underscore our dedication to finding
a cure for this tragic disease.
Alzheimer's disease is a brain disorder that seriously impairs a
person's ability to function normally. Age is the most important known
risk factor, and scientists are studying the role that genetics,
education, diet, and environment might play in the development of this
debilitating disease. Through research supported by the National
Institutes of Health and the Department of Veterans Affairs, we are
learning more about the disease and enhancing the quality of life for
those affected. In addition, the Department of Health and Human Services
is improving the delivery of home and community-based services to people
with Alzheimer's.
National Alzheimer's Disease Awareness Month is an opportunity to pay
tribute to the courageous individuals facing this disease and remember
the precious lives lost due to Alzheimer's. All Americans appreciate the
strong
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support and dedication of the families, medical professionals,
scientific researchers, and caregivers who are helping build a society
that values the life and dignity of every person.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 2008 as National
Alzheimer's Disease Awareness Month. I call upon the people of the
United States to observe this month with appropriate programs and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8313 of October 30, 2008
National American Indian Heritage Month, 2008
By the President of the United States of America
A Proclamation
During National American Indian Heritage Month, we celebrate the rich
ancestry of American Indians and Alaska Natives and recognize their many
contributions to our national story.
Native Americans have enriched our heritage and added to all aspects of
our society. Our country is blessed to have their character and
strength, and we are especially grateful for the generations of Native
Americans who have answered the call to defend our country. During World
War II, these brave patriots used their native languages to create an
unbreakable oral code. Today, that legacy continues as Native Americans
work to advance freedom's cause.
My Administration remains committed to protecting tribal sovereignty and
the right to self-determination and to working with tribes on a
government-to-government basis. To help more Native Americans realize
the dream of home ownership, I signed the Native American Housing
Assistance and Self-Determination Reauthorization Act of 2008. For
nearly eight years, we have also worked to strengthen educational
opportunities for all Americans. In 2004, I issued an executive order to
help Native American students fulfill the challenging standards of the
No Child Left Behind Act. This order established the Interagency Working
Group on American Indian and Alaska Native Education to improve
educational programs consistent with tribal traditions, languages, and
cultures. By setting high standards for academic achievement, we are
enabling more Americans throughout our country to pursue their dreams.
During this month, we honor our native peoples and recognize them for
strengthening the diversity of our society.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 2008 as National
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American Indian Heritage Month. I call upon all Americans to commemorate
this month with appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8314 of October 30, 2008
National Diabetes Month, 2008
By the President of the United States of America
A Proclamation
Many Americans, of all ages and backgrounds, are affected by diabetes.
National Diabetes Month is an opportunity to inform individuals about
the risk factors, prevention, and treatment of this serious disease.
Diabetes is a debilitating disease that results from the body's
inability to produce or use insulin effectively. Type 1 diabetes, once
known as juvenile diabetes, usually affects children and young adults
who are dependant on medication for their lack of insulin. The most
common form of diabetes is Type 2 diabetes. Family history and lifestyle
risk factors contribute to the possibility of developing Type 2
diabetes. Regular physical activity, healthy eating habits, and
consultation with a doctor can help prevent and reduce the effects of
this disease.
My Administration is committed to preventing diabetes and finding a cure
for this disease. We have provided substantial funding for diabetes
education programs and research initiatives. Through the Department of
Health and Human Services and other organizations, the National Diabetes
Education Program is helping increase awareness among Americans about
the risk factors of diabetes and the benefits of making healthy choices.
Our Nation must continue to support initiatives that will help turn
today's research opportunities into tomorrow's medical success stories.
During National Diabetes Month, we celebrate the medical professionals,
researchers, and all those whose time, talents, and energy support the
fight against diabetes. Through these efforts and enhanced public
awareness of this serious disease, we will work to continue to bring the
hope of a healthier future to more Americans.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 2008 as National
Diabetes Month. I call upon all Americans to learn more about the risk
factors and symptoms associated with diabetes and to observe this month
with appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8315 of October 31, 2008
National Adoption Month, 2008
By the President of the United States of America
A Proclamation
During National Adoption Month, we recognize the compassion of adoptive
and foster families as we seek to raise awareness of the need for every
child in America to have a safe, loving, and permanent home.
Adopting a child is a great joy and also a great responsibility. Parents
are a child's first teachers, and adoptive families can help children
learn character and values, the importance of giving back to their
community and country, and the courage to realize their potential. On
November 15, caring parents across our Nation will celebrate National
Adoption Day by finalizing their adoptions and bringing home children in
need of a hopeful life.
My Administration is committed to helping young people find the love,
stability, and support that a family can provide. We have joined with
community and faith-based organizations to raise public awareness of
foster children awaiting adoption. With the help of the Congress, we are
assisting families in overcoming the financial barriers to adopting
children through programs such as the Adoption Incentives Program. In
addition, the Collaboration to AdoptUsKids project, which can be found
at adoptuskids.org, provides guidance and resources for parents
exploring adoption.
During National Adoption Month, we honor adoptive and foster parents who
have shown America the depth and kindness of the human heart. Their love
and dedication inspire the next generation of Americans to achieve their
dreams and demonstrate the true spirit of our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 2008 as National
Adoption Month. I call upon all Americans to observe this month with
appropriate programs and activities to honor adoptive families and to
participate in efforts to find permanent homes for waiting children.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8316 of October 31, 2008
National Hospice Month, 2008
By the President of the United States of America
A Proclamation
During National Hospice Month, we honor the dedicated health care
professionals and volunteers who help the terminally ill spend their
final days
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in comfort and with dignity. Hospice care providers and other
compassionate individuals are a constant reminder that the greatness of
America lies in the hearts and souls of its citizens.
Americans believe that every person has matchless value throughout all
of life's stages. Hospice physicians, nurses, counselors, and volunteers
put this belief into action by using their talents and energy to care
for those who are terminally ill and by providing support and comfort to
their loved ones. As an alternative to traditional services, hospice
care frequently provides assistance in the home so that patients can be
surrounded by family and friends. Hospice counselors offer guidance to
patients, as well as to those close to them, as they deal with grief,
anxiety, and other end-of-life issues. Through these and countless other
acts of compassion, our Nation's hospice caregivers lift up souls, offer
peace of mind, and strengthen America's culture of life.
Throughout National Hospice Month, we recognize hospice care
professionals and volunteers for their selfless efforts to provide
physical, psychological, and spiritual assistance to terminally ill
patients and their families.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 2008 as National
Hospice Month. I encourage all Americans to observe this month with
appropriate programs and activities. I also ask Americans to recognize
our health care professionals and volunteers for their contributions to
helping provide comfort and care to those facing terminal illness.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8317 of October 31, 2008
Veterans Day, 2008
By the President of the United States of America
A Proclamation
On Veterans Day, we pay tribute to the service and sacrifice of the men
and women who in defense of our freedom have bravely worn the uniform of
the United States.
From the fields and forests of war-torn Europe to the jungles of
Southeast Asia, from the deserts of Iraq to the mountains of
Afghanistan, brave patriots have protected our Nation's ideals, rescued
millions from tyranny, and helped spread freedom around the globe.
America's veterans answered the call when asked to protect our Nation
from some of the most brutal and ruthless tyrants, terrorists, and
militaries the world has ever known. They stood tall in the face of
grave danger and enabled our Nation to become the greatest force for
freedom in human history. Members of the Army, Navy, Air Force, Marines,
and Coast Guard have answered a high calling to serve and have helped
secure America at every turn.
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Our country is forever indebted to our veterans for their quiet courage
and exemplary service. We also remember and honor those who laid down
their lives in freedom's defense. These brave men and women made the
ultimate sacrifice for our benefit. On Veterans Day, we remember these
heroes for their valor, their loyalty, and their dedication. Their
selfless sacrifices continue to inspire us today as we work to advance
peace and extend freedom around the world.
With respect for and in recognition of the contributions our service
members have made to the cause of peace and freedom around the world,
the Congress has provided (5 U.S.C. 6103(a)) that November 11 of each
year shall be set aside as a legal public holiday to honor America's
veterans.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim November 11, 2008, as Veterans Day and urge
all Americans to observe November 9 through November 15, 2008, as
National Veterans Awareness Week. I encourage all Americans to recognize
the bravery and sacrifice of our veterans through ceremonies and
prayers. I call upon Federal, State, and local officials to display the
flag of the United States and to support and participate in patriotic
activities in their communities. I invite civic and fraternal
organizations, places of worship, schools, businesses, unions, and the
media to support this national observance with commemorative expressions
and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
October, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8318 of November 7, 2008
World Freedom Day, 2008
By the President of the United States of America
A Proclamation
On World Freedom Day, we celebrate the anniversary of the historic fall
of the Berlin Wall and honor the brave citizens of East and West Germany
who helped secure freedom and liberty for future generations.
The Berlin Wall stood as a barrier that isolated the victims of imperial
Communism and totalitarian power from the promise of the free world.
Standing in the presence of the wall, with an unshakable belief in the
power of liberty, President Ronald Reagan issued a resounding challenge
on behalf of the free and the unfree alike: ``Mr. Gorbachev, tear down
this wall.'' On November 9, 1989, the citizens of East Germany finally
triumphed over their Communist oppressors, and the Berlin Wall came
tumbling down. As the hope of freedom spread, the Soviet empire
collapsed, the Iron Curtain was lifted, and Eastern and Central Europe
were liberated from decades of cruel tyranny.
The Cold War demonstrated once again that freedom is precious and cannot
be taken for granted, that evil is real and must be confronted, and that
if they are allowed to do so, harsh rulers will subjugate others in the
name
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of hateful ideologies. History has also proven that the transformative
power of liberty overcomes this oppression. Today, many former Communist
countries are using their sovereignty to aid the rise of other young
democracies and to shine the light of conscience on human rights abuses.
Our belief in the universality of freedom is challenged time and again,
but we continue to go forward with confidence that free nations will
always prevail over the enemies of liberty, peace, and justice.
On World Freedom Day, we are reminded that injustice overseas can
threaten our way of life at home, and we renew our commitment to helping
those who suffer under the weight of oppression.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 9, 2008, as World
Freedom Day. I call upon the people of the United States to observe this
day with appropriate ceremonies and activities, reaffirming our
dedication to freedom and democracy.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of
November, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8319 of November 14, 2008
America Recycles Day, 2008
By the President of the United States of America
A Proclamation
On America Recycles Day, we highlight the importance of recycling as a
way to safeguard and protect the environment and preserve our precious
natural resources.
We live in a country of splendor and beauty, and no matter which State
each of us calls home, we all have a responsibility to practice good
environmental stewardship. It is in our Nation's best interest that
government, businesses, community organizations, and individuals work
together to conserve our natural resources. The Environmental Protection
Agency, through its Resource Conservation Challenge, is encouraging
communities to increase recycling collection. Through the Plug-In To
eCycling Campaign, we are working to make it easier for Americans to
donate or safely recycle old electronics, including TVs, computers, and
cell phones. By recycling we can strengthen local economies, reduce
greenhouse gases, conserve natural resources, and save landfill space.
Using our resources wisely, we can make our communities more livable and
our world a cleaner place for our children and grandchildren.
On this day, we remember our opportunity to preserve the great American
landscape through recycling. By continuing to work together, we can
maintain and enjoy the beauty of our land for generations to come.
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NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 15, 2008, as
America Recycles Day. I call upon the people of the United States to
observe this day with appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
November, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8320 of November 19, 2008
National Farm-City Week, 2008
By the President of the United States of America
A Proclamation
Farmers and ranchers display the values of hard work and good
stewardship, and National Farm-City Week is an opportunity to recognize
these individuals and their urban partners for contributing to our
Nation's well-being.
Farming, America's first industry, helps feed and clothe our citizens
and increasingly provides more of our energy. The agricultural sector
also employs more than a million people across our Nation. Farming has
been a cornerstone of our country since its founding and continues to be
a vital part of our economy.
Our farmers and ranchers provide a safe, healthy, and abundant food
supply, yet they could not succeed in doing so without essential
partnerships with urban communities to supply, sell, and deliver
finished products across our country and around the world. These
cooperative efforts help to create a prosperous future for our citizens
and people everywhere.
Since 2001, my Administration has been committed to strengthening our
agricultural sector, and we have worked to create an environment that
will stimulate growth by opening new markets, encouraging free and fair
trade, and keeping taxes low. As we celebrate this week, we recognize
the vital work of farmers and ranchers, and we pay tribute to all those
who strengthen the relationships between our rural and urban
communities.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 21 through
November 27, 2008, as National Farm-City Week. I encourage all Americans
to join in recognizing farmers, ranchers, and all those who contribute
to the strength of America's agricultural industry.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
November, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8321 of November 20, 2008
National Family Week, 2008
By the President of the United States of America
A Proclamation
During National Family Week, we reflect on the important values and
character that families instill in their children and in our society.
Families offer a stable and nurturing environment for children by
providing support and comfort. A child's parents, siblings,
grandparents, aunts and uncles, and other family members show them love
and teach them right from wrong. Strong families set a positive example
and help young people grow into compassionate and responsible citizens.
My Administration believes families strengthen our communities and help
shape the character and future of our Nation. Over the years, we have
demonstrated our deeply held commitment to supporting America's families
by signing laws that respect the sanctity of life, lower taxes, double
the child tax credit, reduce the marriage penalty, and empower parents
to make choices about their children's education. In addition, the
Helping America's Youth initiative, led by First Lady Laura Bush, is
dedicated to raising awareness about the importance of positive youth
development by keeping children connected to family, school, and
community.
National Family Week is also a time to show our appreciation to our
Nation's military families. We recognize their sacrifices, and we pray
for their loved ones in the Armed Forces who are laying a foundation of
peace for future generations. We owe a debt of gratitude to the brave
men and women who have answered the call to serve our country and their
families who support them.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 23 through
November 29, 2008, as National Family Week. I invite the States,
communities, and all the people of the United States to join together in
observing this week with appropriate ceremonies and activities to honor
our Nation's families.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
November, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
[[Page 121]]
Proclamation 8322 of November 21, 2008
Thanksgiving Day, 2008
By the President of the United States of America
A Proclamation
Thanksgiving is a time for families and friends to gather together and
express gratitude for all that we have been given, the freedoms we
enjoy, and the loved ones who enrich our lives. We recognize that all of
these blessings, and life itself, come not from the hand of man but from
Almighty God.
Every Thanksgiving, we remember the story of the Pilgrims who came to
America in search of religious freedom and a better life. Having arrived
in the New World, these early settlers gave thanks to the Author of Life
for granting them safe passage to this abundant land and protecting them
through a bitter winter. Our Nation's first President, George
Washington, stated in the first Thanksgiving proclamation that ``It is
the duty of all nations to acknowledge the providence of Almighty God,
to obey His will, to be grateful for His benefits, and humbly to implore
His protection and favor.'' While in the midst of the Civil War,
President Abraham Lincoln revived the tradition of proclaiming a day of
thanksgiving, asking God to heal our wounds and restore our country.
Today, as we look back on the beginnings of our democracy, Americans
recall that we live in a land of many blessings where every person has
the right to live, work, and worship in freedom. Our Nation is
especially thankful for the brave men and women of our Armed Forces who
protect these rights while setting aside their own comfort and safety.
Their courage keeps us free, their sacrifice makes us grateful, and
their character makes us proud. Especially during the holidays, our
whole country keeps them and their families in our thoughts and prayers.
Americans are also mindful of the need to share our gifts with others,
and our Nation is moved to compassionate action. We pay tribute to all
caring citizens who reach out a helping hand and serve a cause larger
than themselves.
On this day, let us all give thanks to God who blessed our Nation's
first days and who blesses us today. May He continue to guide and watch
over our families and our country always.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 27, 2008, as a
National Day of Thanksgiving. I encourage all Americans to gather
together in their homes and places of worship with family, friends, and
loved ones to strengthen the ties that bind us and give thanks for the
freedoms and many blessings we enjoy.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
November, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
[[Page 122]]
Proclamation 8323 of November 25, 2008
To Provide for Duty-Free Treatment Under the Earned Import Allowance
Program, and for Other Purposes
By the President of the United States of America
A Proclamation
1. Section 404 of the Dominican Republic-Central America-United States
Free Trade Agreement Implementation Act (the ``CAFTA-DR Act''), as added
by section 2 of Public Law 110-436, 122 Stat. 4976, provides for
preferential tariff treatment of eligible apparel articles wholly
assembled in an eligible country and imported directly from an eligible
country, if such articles are accompanied by an earned import allowance
certificate issued under a program established by the Secretary of
Commerce.
2. Section 404(e)(1) of the CAFTA-DR Act, as amended, provides that the
program providing this preferential treatment shall be in effect for the
10-year period beginning on the date on which the President certifies to
the appropriate congressional committees that sections A, B, C, and D of
the Annex to Presidential Proclamation 8213 of December 20, 2007, have
taken effect.
3. On August 7, 2008, the United States Trade Representative (USTR)
published a notice in the Federal Register (73 FR 46057) announcing that
August 15, 2008, would be the effective date for sections A, B, C, and D
of the Annex to Presidential Proclamation 8213.
4. I have determined, and hereby certify, that the provisions of
Proclamation 8213 referenced in section 404(e)(1) of the CAFTA-DR Act,
as amended, have taken effect.
5. Section 6002 of the Africa Investment Incentive Act of 2006
(division D, title VI of Public Law 109-432) (the ``2006 Act'') amended
section 112(c) of the African Growth and Opportunity Act (AGOA) (19
U.S.C. 3721(c)) to modify the preferential tariff treatment accorded to
designated lesser developed beneficiary sub-Saharan African countries.
6. Pursuant to section 6002 of the 2006 Act, in Proclamation 8114 of
March 19, 2007, I proclaimed modifications to the Harmonized Tariff
Schedule of the United States (HTS) to provide the tariff treatment
authorized by the 2006 Act. The HTS provisions proclaimed in
Proclamation 8114 were modified by Proclamation 8157 of June 28, 2007,
and Proclamation 8240 of April 17, 2008, to provide the tariff treatment
authorized by the 2006 Act.
7. Section 3 of Public Law 110-436 amends section 112(c) of the AGOA to
modify the tariff treatment applicable to lesser developed beneficiary
sub-Saharan African countries, and to provide that Mauritius is to be
treated as a lesser developed beneficiary sub-Saharan African country
for purposes of the AGOA.
8. Accordingly, in order to reflect the amendments to section 112(c) of
the AGOA, I have determined that it is appropriate to modify the HTS to
reflect the tariff treatment provided to lesser developed beneficiary
sub-Saharan African countries and to provide that Mauritius is to be
treated as a
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lesser developed beneficiary sub-Saharan African country for purposes of
the AGOA.
9. Section 203(e)(1)(A)(i) of the Andean Trade Preference Act, as
amended (ATPA) (19 U.S.C. 3202(e)(1)(A)(i)), authorizes the President to
withdraw or suspend the designation of any country as a beneficiary
country for purposes of the ATPA if, after such designation, the
President determines that as a result of changed circumstances such
country should be barred from designation as a beneficiary country.
10. Section 3103 of the Andean Trade Promotion and Drug Eradication Act
(Title XXXI of the Trade Act of 2002, Public Law 107-210) (ATPDEA)
amended section 203(e)(1) of the ATPA (19 U.S.C. 3202(e)(1)) by adding a
new subparagraph (B)(i) authorizing the President to withdraw or suspend
the designation of any country as a beneficiary country for purposes of
the ATPDEA if, after such designation, the President determines that, as
a result of changed circumstances, the performance of such country is
not satisfactory under the eligibility criteria set forth in section
204(b)(6)(B) of the ATPA, as amended (19 U.S.C. 3203(b)(6)(B)).
11. Section 203(e)(2)(A) of the ATPA, as amended (19 U.S.C.
3202(e)(2)(A)) requires the President to publish notice of the action he
proposes to take at least 30 days before taking action under section
203(e)(1) (19 U.S.C. 3202(e)(1)).
12. On October 1, 2008, the USTR, at my direction, published a notice
in the Federal Register (73 FR 57158) announcing that I proposed to
suspend the designation of Bolivia as a beneficiary country for purposes
of the ATPA and the ATPDEA based on Bolivia's failure to satisfy the
eligibility criteria set forth in section 203(d)(11) and section
204(b)(6)(B)(v) of the ATPA, as amended (19 U.S.C. 3202(d)(11),
3203(b)(6)(B)(v)).
13. I have determined that Bolivia no longer satisfies the eligibility
criterion in section 203(d)(11) of the ATPA, as amended. Therefore,
pursuant to section 203(e)(1)(A)(i) of the ATPA, I have determined that,
as a result of this changed circumstance, Bolivia's designation as an
ATPA beneficiary country should be suspended.
14. I have determined that Bolivia is no longer performing
satisfactorily under the eligibility criterion in section
204(b)(6)(B)(v) of the ATPA, as amended. Therefore, pursuant to section
203(e)(1)(B)(i) of the ATPA, I have determined that, as a result of this
changed circumstance, Bolivia's designation as an ATPDEA beneficiary
country should be suspended.
15. Presidential Proclamation 6641 of December 15, 1993, implemented
the North American Free Trade Agreement (NAFTA) with respect to the
United States and, pursuant to the North American Free Trade Agreement
Implementation Act (Public Law 103-182) (the ``NAFTA Implementation
Act''), incorporated in the HTS the tariff modifications and rules of
origin necessary or appropriate to carry out the NAFTA.
16. Section 202 of the NAFTA Implementation Act (19 U.S.C. 3332)
provides rules for determining whether goods imported into the United
States originate in the territory of a NAFTA country and thus are
eligible for the tariff and other treatment contemplated under the
NAFTA. Section 202(q) of the NAFTA Implementation Act (19 U.S.C.
3332(q)) authorizes the President to proclaim, as a part of the HTS, the
rules of origin set out in the NAFTA, and to proclaim modifications to
such previously proclaimed
[[Page 124]]
rules of origin, subject to the consultation and layover requirements of
section 103(a) of the NAFTA Implementation Act (19 U.S.C. 3313(a)).
17. The United States and Canada have agreed to modify certain NAFTA
rules of origin and to apply the modified rules to their bilateral
trade. It is therefore necessary to modify the NAFTA rules of origin set
out in Proclamation 6641.
18. Section 1230 of the Tax Relief and Health Care Act of 2006 (Public
Law 109-432) temporarily modified the rate of duty on triphenyl
phosphine. Modifications to the HTS are necessary to provide the
intended tariff treatment.
19. Presidential Proclamation 7011 of June 30, 1997, implemented the
World Trade Organization Ministerial Declaration on Trade in Information
Technology Products for the United States. Annex 1 to that proclamation
failed to include certain products. Technical corrections and conforming
changes to the HTS are necessary to provide the intended tariff
treatment for those products.
20. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483)
(the ``1974 Act''), authorizes the President to embody in the HTS the
substance of relevant provisions of that Act, or other acts affecting
import treatment, and of actions taken thereunder.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including section 404 of the
CAFTA-DR Act, as amended, section 104 of the AGOA, section 202 of the
NAFTA Implementation Act, section 203 of the ATPA, as amended, section
604 of the 1974 Act, and section 301 of title 3, United States Code, do
proclaim that:
(1) In order to provide the tariff treatment for eligible articles
provided for in section 404 of the CAFTA-DR Act, as added by Public Law
110-436, the HTS is modified as set forth in Annex A to this
proclamation.
(2) In order to reflect changes to the tariff treatment for certain
apparel products under the AGOA, U.S. note 5 to subchapter XIX of
chapter 98 of the HTS, subheadings 9819.15.10 through 9819.15.42,
inclusive, and the superior text thereto are deleted from the HTS,
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after October 31, 2008.
(3) For purposes of section 112(c) of the AGOA, as amended, Mauritius is
included as a lesser developed beneficiary sub-Saharan African country
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after October 31, 2008.
(4) The designation of Bolivia as a beneficiary country for purposes of
the ATPA and ATPDEA is suspended effective on December 15, 2008.
Accordingly, effective on that date, general note 11(a) to the HTS is
modified by deleting ``Bolivia'' from the list of ATPA beneficiary
countries. Further, general note 11(d) to the HTS is modified by
deleting ``Bolivia'' from the list of ATPDEA beneficiary countries. In
addition, U.S. note 1 to subchapter XXII of chapter 98 of the HTS is
modified by removing ``Bolivia'' from the list of ATPDEA beneficiary
countries.
[[Page 125]]
(5) In order to modify the rules of origin under the NAFTA, general note
12 to the HTS is modified as set forth in Annex B to this proclamation.
(6) (a) The modifications to the HTS set forth in Annex A to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the date set forth
in Annex A.
(b) The modifications to the HTS set forth in Annex B to this
proclamation shall enter into effect on the date that the USTR announces
in a notice published in the Federal Register that Canada has completed
its applicable domestic procedures to give effect to corresponding
modifications to be applied to goods of the United States and shall be
effective with respect to goods of Canada entered, or withdrawn from
warehouse for consumption, on or after the date indicated in the notice.
(7) In order to provide the intended tariff treatment to triphenyl
phosphine and to correct the error identified in paragraph 19, the HTS
is modified as provided in Annex C to this proclamation.
(8) The modifications to the HTS made in Annex C to this proclamation
shall be effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the date set out in that Annex.
(9) The USTR shall notify the Congress of this proclamation and my
certification as provided in section 404(e) of the CAFTA-DR Act, as
amended.
(10) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day
of November, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8324 of November 26, 2008
National Drunk and Drugged Driving Prevention Month, 2008
By the President of the United States of America
A Proclamation
During National Drunk and Drugged Driving Prevention Month, we
underscore our commitment to raising awareness about the tragedies that
often result from driving under the influence of drugs or alcohol.
Nearly 13,000 Americans died last year as a result of drunk driving.
During the holidays, people are more likely to drive in an impaired
state, and in order to better protect our citizens this holiday season,
we must educate all Americans about the seriousness of this offense and
its devastating consequences. Individuals across America can help
prevent drunk and drugged driving by making responsible choices,
identifying sober designated drivers, and educating young people about
ways to avoid drunk and drugged driving. All Americans can work together
to make our roads safer and help save lives by preventing others from
driving under the influence of alcohol and drugs.
My Administration is committed to keeping our citizens safe from drunk
and drugged drivers this holiday season. The National Highway Traffic
Safety Administration (NHTSA) is raising public awareness through
advertising, urging the increased use of ignition interlocks, and
encouraging greater law enforcement presence. The NHTSA has extended
their ``Drunk Driving. Over the Limit. Under Arrest.'' campaign through
the holiday season, and we must continue to be vigilant in stopping
impaired driving throughout the year. In addition, the Office of
National Drug Control Policy is working hard to ensure that our law
enforcement officers have the tools they need to detect when drivers are
under the influence of drugs.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim December 2008 as National
Drunk and Drugged Driving Prevention Month. I encourage all Americans to
help keep our Nation's roads safe by making responsible choices and
taking appropriate measures to prevent drunk and drugged driving.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
November, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
[[Page 129]]
Proclamation 8325 of November 26, 2008
World AIDS Day, 2008
By the President of the United States of America
A Proclamation
As Americans, we believe in the inherent dignity and value of every man,
woman, and child. On World AIDS Day, we recommit ourselves to the global
challenge of combating the HIV/AIDS pandemic, and to showing our
compassion for those affected here at home and around the world.
The fight against HIV/AIDS is a noble and necessary battle. As part of
this fight, in 2003 my Administration launched the President's Emergency
Plan for AIDS Relief (PEPFAR). Through this program, the United States
has partnered with other countries, local communities, and faith-based
organizations around the world to support HIV/AIDS treatment, care, and
prevention activities. In July 2008, we worked with the Congress to
reauthorize this important program for another 5 years.
PEPFAR is the largest international commitment in history by any nation
to combat a single disease, and so far the results are promising. PEPFAR
has supported care for millions of people around the world. We have also
made great strides in the fight against HIV/AIDS through PEPFAR's
commitment to evidence-based prevention interventions, including the ABC
approach: abstinence, be faithful, and correct and consistent condom
use. PEPFAR is spreading hope around the world by saving lives and
showing the good heart of our Nation.
To advance our domestic battle against HIV/AIDS, we must continue to
research and develop new methods of treatment and prevention. In 2006,
the Congress reauthorized the Ryan White CARE Act. This legislation also
focuses on life-saving and life-extending services, increased
accountability for funding, and supports HIV testing to prevent the
further spread of this disease.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim December 1, 2008, as World
AIDS Day. On this day and throughout the year, the red ribbon is a
symbol that helps raise awareness of the importance of fighting against
HIV/AIDS. Again this year, the White House will display the red ribbon
from the North Portico to represent America's commitment to this
struggle. I urge the Governors of the States and the Commonwealth of
Puerto Rico, officials of the other territories subject to the
jurisdiction of the United States, and the American people to join me in
appropriate activities to remember those who have lost their lives to
AIDS and provide support and comfort to those living with this disease.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
November, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
[[Page 130]]
Proclamation 8326 of December 5, 2008
National Pearl Harbor Remembrance Day, 2008
By the President of the United States of America
A Proclamation
On National Pearl Harbor Remembrance Day, we mourn the more than 2,400
Americans whose lives were lost in the surprise attack on our homeland
that changed the course of history. Their service and sacrifice and the
service and sacrifice of all our World War II veterans will be forever
honored on this day by the citizens of a free and grateful Nation.
On December 7, 1941, the enemy nearly destroyed our Pacific Fleet, and
the United States was forced into a long and terrible war. A generation
of Americans stepped forward to fight for our country. Their message to
America's enemies was clear: If you attack this country and harm our
people, there is no corner of the Earth remote enough to protect you
from the reach of our Nation's Armed Forces.
Following the war the United States worked to make our most bitter
enemies into our closest friends through the transformative power of
freedom. The joys of liberty are often secured by the sacrifices of
those who serve a cause greater than self. To honor and recognize the
sacrifice of our Armed Forces, I have designated nine sites as the World
War II Valor in the Pacific National Monument. This monument will
preserve our history and help share this heritage with future
generations. On this anniversary, we honor the heroes who risked and
lost their lives for our security and freedom. Their selfless dedication
exemplifies the great character of America and continues to inspire our
Nation.
The Congress, by Public Law 103-308, as amended, has designated
December 7 of each year as ``National Pearl Harbor Remembrance Day.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim December 7, 2008, as National Pearl Harbor
Remembrance Day. I encourage all Americans to observe this solemn
occasion with appropriate ceremonies and activities. I urge all Federal
agencies and interested organizations, groups, and individuals to fly
the flag of the United States at half-staff this December 7 in honor of
those who died as a result of their service at Pearl Harbor.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of
December, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
[[Page 131]]
Proclamation 8327 of December 5, 2008
Establishment of the World War II Valor In the Pacific National Monument
By the President of the United States of America
A Proclamation
Beginning at Pearl Harbor with the day of infamy that saw the sinking of
the USS ARIZONA and ending on the deck of the USS MISSOURI in Tokyo Bay,
many of the key battles of World War II were waged on and near American
shores and throughout the Pacific. We must always remember the debt we
owe to the members of the Greatest Generation for our liberty. Their
gift is an enduring peace that transformed enemies into steadfast allies
in the cause of democracy and freedom around the globe.
Americans will never forget the harrowing sacrifices made in the Pacific
by soldiers and civilians that began at dawn on December 7, 1941, at
Pearl Harbor on the island of Oahu. The surprise attack killed more than
2,000 American military personnel and dozens of civilians and thrust the
United States fully into World War II.
America responded and mobilized our forces to fight side-by-side with
our allies in the European, Atlantic, and Pacific theaters. The United
States Navy engaged in epic sea battles, such as Midway, and our Armed
Forces fought extraordinary land battles for the possession of occupied
islands. These battles led to significant loss of life for both sides,
as well as for the island's native peoples. Battlegrounds such as
Guadalcanal, Tarawa, Saipan, Guam, Peleliu, the Philippines, Iwo Jima,
and Okinawa are remembered for the heroic sacrifices and valor displayed
there.
The conflict raged as far north as the Alaskan territory. The United
States ultimately won the encounter in the Aleutian Island chain but not
without protracted and costly battles.
There were also sacrifices on the home front. Tens of millions of
Americans rallied to support the war effort, often at great personal
cost. Men and women of all backgrounds were called upon as industrial
workers, volunteers, and civil servants. Many Americans valiantly
supported the war effort even as they struggled for their own civil
rights.
In commemoration of this pivotal period in our Nation's history, the
World War II Valor in the Pacific National Monument adds nine historic
sites to our national heritage of monuments and memorials representing
various aspects of the war in the Pacific.
Five of those sites are in the Pearl Harbor area, which is the home of
both the USS ARIZONA and the USS MISSOURI--milestones of the Pacific
campaign that mark the beginning and the end of the war. The sites in
this area include: the USS ARIZONA Memorial and Visitor Center, the USS
UTAH Memorial, the USS OKLAHOMA Memorial, the six Chief Petty Officer
Bungalows on Ford Island, and mooring quays F6, F7, and F8, which
constituted part of Battleship Row. The USS ARIZONA and USS UTAH vessels
will not be designated as part of the national monument, but instead
will be retained by the Department of Defense (through the Department of
the Navy) as the final resting place for those entombed there.
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Three sites are located in Alaska's Aleutian Islands. The first is the
crash site of a Consolidated B-24D Liberator bomber--an aircraft of a
type that played a highly significant role in World War II--located on
Atka Island. The second is the site of Imperial Japan's occupation of
Kiska Island, beginning in June 1942, which marks the northern limit of
Imperial Japan's expansion in the Pacific. The Kiska site includes
historic relics such as Imperial Japanese coastal and antiaircraft
defenses, camps, roads, an airfield, a submarine base, a seaplane base,
and other installations, as well as the remains of Allied defenses,
including runway facilities and gun batteries.
The third Aleutian designation is on Attu Island, the site of the only
land battle fought in North America during World War II. It still
retains the scars of the battle: thousands of shell and bomb craters in
the tundra; Japanese trenches, foxholes, and gun encampments; American
ammunition magazines and dumps; and spent cartridges, shrapnel, and
shells located at the scenes of heavy fighting. Attu later served as a
base for bombing missions against Japanese holdings.
The last of the nine designations will bring increased understanding of
the high price paid by some Americans on the home front. The Tule Lake
Segregation Center National Historic Landmark and nearby Camp Tule Lake
in California were both used to house Japanese-Americans relocated from
the west coast of the United States. They encompass the original
segregation center's stockade, the War Relocation Authority Motor Pool,
the Post Engineer's Yard and Motor Pool, a small part of the Military
Police Compound, several historic structures used by internees and
prisoners of war at Camp Tule Lake, and the sprawling landscape that
forms the historic setting.
WHEREAS much of the Federal property within the World War II Valor in
the Pacific National Monument is easily accessible to visitors from
around the world;
WHEREAS the Secretary of the Interior should be authorized and directed
to interpret the broader story of World War II in the Pacific in
partnership with the Department of Defense, the States of Hawaii,
Alaska, and California, and other governmental and non-profit
organizations;
WHEREAS the World War II Valor in the Pacific National Monument will
promote understanding of related resources, encourage continuing
research, present interpretive opportunities and programs for visitors
to better understand and honor the sacrifices borne by the Greatest
Generation, and tell the story from Pearl Harbor to Peace;
WHEREAS section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C.
431) (the ``Antiquities Act'') authorizes the President, in his
discretion, to declare by public proclamation historic landmarks,
historic and prehistoric structures, and other objects of historic or
scientific interest that are situated upon lands owned or controlled by
the Government of the United States to be national monuments, and to
reserve as a part thereof parcels of land, the limits of which in all
cases shall be confined to the smallest area compatible with the proper
care and management of the objects to be protected;
WHEREAS it is in the public interest to preserve the areas described
above and on the attached maps as the World War II Valor in the Pacific
National Monument;
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NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by the authority vested in me by section 2 of the Act of June
8, 1906 (34 Stat. 225, 16 U.S.C. 431), do proclaim that there are hereby
set apart and reserved as the World War II Valor in the Pacific National
Monument for the purpose of protecting the objects described above, all
lands and interests in lands owned or controlled by the Government of
the United States within the boundaries described on the accompanying
maps, which are attached and form a part of this proclamation. The
Federal lands and interests in land reserved consist of approximately
6,310 acres, which is the smallest area compatible with the proper care
and management of the objects to be protected.
All Federal lands and interests in lands within the boundaries of this
monument are hereby appropriated and withdrawn from all forms of entry,
location, selection, sale, leasing, or other disposition under the
public land laws, including, but not limited to, withdrawal from
location, entry, and patent under mining laws, and from disposition
under all laws relating to mineral and geothermal leasing.
Management of the National Monument
The Secretary of the Interior shall manage the monument through the
National Park Service and the U.S. Fish and Wildlife Service, pursuant
to applicable legal authorities, to implement the purposes of this
proclamation. The National Park Service shall generally administer the
national monument, except that the U.S. Fish and Wildlife Service shall
administer the portions of the national monument that are within a
national wildlife refuge. The National Park Service and the U.S. Fish
and Wildlife Service may prepare an agreement to share, consistent with
applicable laws, whatever resources are necessary to properly manage the
monument.
For the purposes of preserving, interpreting, and enhancing public
understanding and appreciation of the national monument and the broader
story of World War II in the Pacific, the Secretary of the Interior, in
consultation with the Secretary of Defense, shall prepare a management
plan within 3 years of the date of this proclamation.
The Secretary of the Interior shall have management responsibility for
the monument sites and facilities in Hawaii within the boundaries
designated on the accompanying maps to the extent necessary to implement
this proclamation, including the responsibility to maintain and repair
the Chief Petty Officer Bungalows and other monument facilities. The
Department of Defense may retain the authority to control access to
those sites. The Department of the Interior through the National Park
Service and the Department of the Navy may execute an agreement to
provide for the operational needs and responsibilities of each
Department in implementing this proclamation.
Armed Forces Actions
1. The prohibitions required by this proclamation shall not restrict
activities and exercises of the Armed Forces (including those carried
out by the United States Coast Guard).
2. All activities and exercises of the Armed Forces shall be carried out
in a manner that avoids, to the extent practicable and consistent with
operational requirements, adverse impacts on monument resources and
qualities.
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3. In the event of threatened or actual destruction of, loss of, or
injury to a monument resource or quality resulting from an incident,
including but not limited to spills and groundings, caused by a
component of the Department of Defense or any other Federal agency, the
cognizant component shall promptly coordinate with the Secretary of the
Interior for the purpose of taking appropriate actions to respond to and
mitigate the harm and, if possible, restore or replace the monument
resource or quality.
4. Nothing in this proclamation or any regulation implementing it shall
limit or otherwise affect the Armed Forces' discretion to use, maintain,
improve, or manage any real property under the administrative control of
a Military Department or otherwise limit the availability of such real
property for military mission purposes.
The establishment of this monument is subject to valid existing rights.
Nothing in this proclamation shall be deemed to revoke any existing
withdrawal, reservation, or appropriation; however, the national
monument shall be the dominant reservation.
Nothing in this proclamation shall alter the authority of any Federal
agency to take action in the monument area where otherwise authorized
under applicable legal authorities, except as provided by this
proclamation.
Warning is hereby given to all unauthorized persons not to appropriate,
injure, destroy, or remove any feature of this monument and not to
locate or settle upon any lands thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of
December, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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Proclamation 8328 of December 8, 2008
Human Rights Day, Bill of Rights Day, and Human Rights Week, 2008
By the President of the United States of America
A Proclamation
The United States was founded on the principle that government must
respect people's rights to speak freely, worship as they choose, and
pursue their dreams in liberty. As we remember the enduring importance
of our Constitution's Bill of Rights, our thoughts turn to those who
have yet to secure these precious liberties. During Human Rights Day,
Bill of Rights Day, and Human Rights Week, Americans celebrate the
rights bestowed upon all by our Creator and reaffirm our deep commitment
to helping those whose desire for liberty and justice is still dismissed
and denied.
In a free society, every person is treated with dignity and can rise as
high as their talents and hard work will take them. Yet in countries
like Belarus, Burma, Cuba, Iran, North Korea, Sudan, Syria, and
Zimbabwe, fervent pleas for freedom are silenced by tyranny and
oppression. So long as there are people who fight for liberty, the
United States will stand with them and speak out for those who have no
other voice.
Freedom is the eternal birthright of all mankind, and during Human
Rights Day, Bill of Rights Day, and Human Rights Week, we renew our
commitment to lead the cause of human rights and pray for the day when
the light of liberty will shine on all of humanity.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim December 10, 2008, as
Human Rights Day; December 15, 2008, as Bill of Rights Day; and the week
beginning December 10, 2008, as Human Rights Week. I call upon the
people of the United States to mark these observances with appropriate
ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
December, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8329 of December 16, 2008
Wright Brothers Day, 2008
By the President of the United States of America
A Proclamation
Our history is rich with pioneers and innovators who used their God-
given talents to improve our Nation and the world. On Wright Brothers
Day, we commemorate two brothers, Orville and Wilbur Wright, who took
great risks and ushered in a new era of travel and discovery.
[[Page 144]]
With intrepid spirits and a passion for innovation, Orville and Wilbur
Wright became the first to experience the thrill of manned, powered
flight. On December 17, 1903, Orville Wright flew for 12 seconds over
the North Carolina sand dunes in the presence of only five people. In
the span of one lifetime, our Nation has seen aviation progress from the
first tentative takeoff at Kitty Hawk to an age of supersonic flight and
space exploration.
On this Wright Brothers Day, we recognize all those who have taken great
risks and contributed to our country's legacy of exploration and
discovery. This year, we also celebrate the centennial of the world's
first passenger flight. By remaining dedicated to extending the
frontiers of knowledge, we can ensure that the United States will
continue to lead the world in science, innovation, and technology, and
build a better future for generations to come.
The Congress, by a joint resolution approved December 17, 1963, as
amended (77 Stat. 402; 36 U.S.C. 143), has designated December 17 of
each year as ``Wright Brothers Day'' and has authorized and requested
the President to issue annually a proclamation inviting the people of
the United States to observe that day with appropriate ceremonies and
activities.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim December 17, 2008, as Wright Brothers Day.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
December, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8330 of December 19, 2008
To Take Certain Actions Under the African Growth and Opportunity Act and
the Generalized System of Preferences
By the President of the United States of America
A Proclamation
1. Section 506A(a)(1) of the Trade Act of 1974, as amended (the ``1974
Act'') (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the
African Growth and Opportunity Act (title I of Public Law 106-200)
(AGOA), authorizes the President to designate a country listed in
section 107 of the AGOA (19 U.S.C. 3706) as a beneficiary sub-Saharan
African country if the President determines that the country meets the
eligibility requirements set forth in section 104 of the AGOA (19 U.S.C.
3703) and the eligibility criteria set forth in section 502 of the 1974
Act (19 U.S.C. 2462).
2. Section 104 of the AGOA authorizes the President to designate a
country listed in section 107 of the AGOA as an eligible sub-Saharan
African country if the President determines that the country meets
certain eligibility requirements.
3. Section 112(c) of the AGOA (19 U.S.C. 3721(c)), as added by section
6002(a) of the Africa Investment Incentive Act of 2006 (division D,
title VI
[[Page 145]]
of Public Law 109-432), provides special rules for certain apparel
articles imported from lesser developed beneficiary sub-Saharan African
countries.
4. In Proclamation 8157 of June 28, 2007, I designated the Islamic
Republic of Mauritania (Mauritania) as an eligible sub-Saharan African
country and a beneficiary sub-Saharan African country pursuant to
section 104 of the AGOA and section 506A(a)(1) of the 1974 Act and
provided that it would be considered a lesser developed beneficiary sub-
Saharan African country for purposes of section 112(c) of the AGOA.
5. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) authorizes
the President to terminate the designation of a country as a beneficiary
sub-Saharan African country for purposes of section 506A if he
determines that the country is not making continual progress in meeting
the requirements described in section 506A(a)(1) of the 1974 Act.
6. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined
that Mauritania is not making continual progress in meeting the
requirements described in section 506A(a)(1) of the 1974 Act.
Accordingly, I have decided to terminate the designation of Mauritania
as a beneficiary sub-Saharan African country for purposes of section
506A of the 1974 Act, effective on January 1, 2009.
7. Pursuant to sections 501 and 502(a) of the 1974 Act (19 U.S.C. 2461,
2462(a)), the President is authorized to designate countries as
beneficiary developing countries for purposes of the Generalized System
of Preferences (GSP) program.
8. Pursuant to section 502(a)(1) of the 1974 Act, and having considered
the factors set forth in sections 501 and 502(c) (19 U.S.C. 2462(c)), I
have determined that the Republic of Kosovo (Kosovo) should be
designated as a beneficiary developing country for purposes of the GSP
program.
9. Pursuant to section 502 of the 1974 Act, and having considered the
factors set forth in sections 501 and 502(c), I have determined that the
Republic of Azerbaijan (Azerbaijan) should be designated as a
beneficiary developing country for purposes of the GSP program.
10. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, authorizes
the President to embody in the Harmonized Tariff Schedule of the United
States (HTS) the substance of relevant provisions of that Act, or other
acts affecting import treatment, and of actions taken thereunder.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to section 104
of the AGOA (19 U.S.C. 3703), and title V and section 604 of the 1974
Act (19 U.S.C. 2461-67, 2483), do proclaim that:
(1) The designation of Mauritania as a beneficiary sub-Saharan African
country for purposes of section 506A of the 1974 Act is terminated,
effective on January 1, 2009.
(2) In order to reflect in the HTS that beginning on January 1, 2009,
Mauritania shall no longer be designated as a beneficiary sub-Saharan
African country, general note 16(a) to the HTS is modified by deleting
``Islamic Republic of Mauritania'' from the list of beneficiary sub-
Saharan African countries.
[[Page 146]]
(3) Kosovo is designated as a beneficiary developing country for
purposes of the GSP program.
(4) In order to reflect this designation in the HTS, general note 4(a)
to the HTS is modified by adding in alphabetical order ``Kosovo,''
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after February 1, 2009.
(5) Azerbaijan is designated as a beneficiary developing country for
purposes of the GSP program.
(6) In order to reflect this designation in the HTS, general note 4(a)
to the HTS is modified by adding in alphabetical order ``Azerbaijan,''
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after February 1, 2009.
(7) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
December, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8331 of December 23, 2008
To Implement the Dominican Republic-Central America- United States Free
Trade Agreement With Respect to Costa Rica and for Other Purposes
By the President of the United States of America
A Proclamation
1. On August 5, 2004, the United States entered into the Dominican
Republic-Central America-United States Free Trade Agreement (the
``Agreement'') with Costa Rica, the Dominican Republic, El Salvador,
Guatemala, Honduras, and Nicaragua (the ``Agreement countries''). The
Agreement was approved by the Congress in section 101(a) of the
Dominican Republic-Central America-United States Free Trade Agreement
Implementation Act (the ``Act'') (19 U.S.C. 4011).
2. The Parties to the Agreement entered into an amendment of the
Agreement on July 27, August 6, and August 14, 2007 (the ``Amendment'').
The Amendment provides for temporary duty-free treatment for certain
goods of Costa Rica. The terms of the Amendment with respect to Costa
Rica are contained in letters of understanding described in section
1634(b)(2) of the Pension Protection Act of 2006 (Public Law 109-280,
120 Stat. 780).
3. Section 201(a)(1) of the Act (19 U.S.C. 4031(a)(1)) authorizes the
President to proclaim such modifications or continuation of any duty,
such continuation of duty free or excise treatment, or such additional
duties, as the President determines to be necessary or appropriate to
carry out or apply Articles 3.3 and 3.27, and Annexes 3.3 (including the
schedule of United
[[Page 147]]
States duty reductions with respect to originating goods) and 3.27 of
the Agreement.
4. Consistent with section 201(a)(2) of the Act (19 U.S.C. 4031(a)(2)),
each Agreement country is to be removed from the enumeration of
designated beneficiary developing countries eligible for the benefits of
the Generalized System of Preferences (GSP) on the date the Agreement
enters into force with respect to that country.
5. Consistent with section 201(a)(3) of the Act (19 U.S.C. 4031(a)(3)),
each Agreement country is to be removed from the enumeration of
designated beneficiary countries under the Caribbean Basin Economic
Recovery Act (CBERA) (19 U.S.C. 2701 et seq.) on the date the Agreement
enters into force with respect to that country, subject to the
exceptions set out in section 201(a)(3)(B) of the Act (19 U.S.C.
4031(a)(3)(B)).
6. Consistent with section 213(b)(5)(D) of the CBERA (19 U.S.C.
2703(b)(5)(D)), as amended by the United States-Caribbean Basin Trade
Partnership Act (CBTPA) (Public Law 106-200), each Agreement country is
to be removed from the enumeration of designated CBTPA beneficiary
countries on the date the Agreement enters into force with respect to
that country.
7. Section 201(b) of the Act (19 U.S.C. 4031(b)) authorizes the
President, subject to the consultation and layover requirements of
section 104(a) of the Act (19 U.S.C. 4014(a)), to proclaim such
modifications or continuation of any duty, such modifications as the
United States may agree to with an Agreement country regarding the
staging of any duty treatment set forth in Annex 3.3 of the Agreement,
such continuation of duty-free or excise treatment, or such additional
duties, as the President determines to be necessary or appropriate to
maintain the general level of reciprocal and mutually advantageous
concessions provided for by the Agreement. The consultation and layover
requirements of section 104(a) of the Act have been satisfied with
respect to providing temporary duty free treatment for certain goods of
Costa Rica as set forth in the Amendment.
8. Pursuant to section 201(b) of the Act, I have determined that the
modifications herein proclaimed of duties on goods of Costa Rica are
necessary or appropriate to maintain the general level of reciprocal and
mutually advantageous concessions with respect to Costa Rica provided
for by the Agreement.
9. In Proclamation 8095 of December 29, 2006, consistent with the
authority set out in section 111(b) of the Uruguay Round Agreements Act
(19 U.S.C. 3521(b)), I modified the Harmonized Tariff Schedule of the
United States (HTS) to implement the multilateral agreement negotiated
under the auspices of the World Trade Organization to eliminate tariffs
on certain pharmaceutical products and chemical intermediates. I have
determined that technical corrections to the pharmaceuticals annex to
the HTS are necessary to ensure that certain products receive the
intended duty treatment.
10. Section 604 of the Trade Act of 1974 (the ``1974 Act'') (19 U.S.C.
2483), as amended, authorizes the President to embody in the HTS the
substance of relevant provisions of that Act, and of other Acts
affecting import treatment, and of actions taken thereunder.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution
[[Page 148]]
and the laws of the United States of America, including but not limited
to section 201 of the Act and section 604 of the 1974 Act, and the Act
having taken effect pursuant to section 107, do proclaim that:
(1) In order to provide generally for the preferential tariff treatment
being accorded to Costa Rica under the Agreement, as amended, to provide
certain other treatment to originating goods for the purposes of the
Agreement, to provide tariff-rate quotas with respect to certain goods,
to reflect the removal of Costa Rica from the enumeration of designated
beneficiary developing countries for purposes of the GSP, to reflect the
removal of Costa Rica from the enumeration of designated beneficiary
countries for purposes of the CBERA and the CBTPA, and to make technical
and conforming changes in the general notes to the HTS, the HTS is
modified as set forth in Annexes I and II of Publication 4038 of the
United States International Trade Commission, entitled Modifications to
the Harmonized Tariff Schedule of the United States to Implement the
Dominican Republic-Central America-United States Free Trade Agreement
With Respect to Costa Rica (Publication 4038), which is incorporated by
reference into this proclamation.
(2) In order to make technical corrections necessary to provide the
intended duty treatment to certain pharmaceutical products and chemical
intermediaries, the HTS is modified as set forth in Annex III of
Publication 4038.
(3) The amendments to the HTS made by paragraphs (1) and (2) of this
proclamation shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the relevant dates
indicated in Annex I, II, or III of Publication 4038.
(4) Except as provided in paragraph (3) of this proclamation, this
proclamation shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after January 1, 2009.
(5) Any provisions of previous proclamations and executive orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
December, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8332 of December 29, 2008
To Implement the United States-Oman Free Trade Agreement
By the President of the United States of America
A Proclamation
1. On January 19, 2006, the United States entered into the United
States-Oman Free Trade Agreement (the ``Agreement''). The Congress
approved
[[Page 149]]
the Agreement in section 101(a) of the United States-Oman Free Trade
Agreement Implementation Act (the ``Implementation Act'') (Public Law
109-283, 120 Stat. 1191) (19 U.S.C. 3805 note).
2. Section 105(a) of the Implementation Act authorizes the President to
establish or designate within the Department of Commerce an office that
shall be responsible for providing administrative assistance to panels
established under chapter 20 of the Agreement.
3. Section 201 of the Implementation Act authorizes the President to
proclaim such modifications or continuation of any duty, such
continuation of duty-free or excise treatment, or such additional
duties, as the President determines to be necessary or appropriate to
carry out or apply Articles 2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and the
schedule of duty reductions with respect to Oman set forth in Annex 2-B
of the Agreement.
4. Consistent with section 201(a)(2) of the Implementation Act, Oman is
to be removed from the enumeration of designated beneficiary developing
countries eligible for the benefits of the Generalized System of
Preferences (GSP) on the date the Agreement entered into force. Further,
consistent with section 604 of the Trade Act of 1974, as amended (the
``1974 Act'') (19 U.S.C. 2483), I have determined that other technical
and conforming changes to the Harmonized Tariff Schedule of the United
States (HTS) are necessary to reflect that Oman is no longer eligible to
receive the benefits of the GSP.
5. Section 202 of the Implementation Act sets forth certain rules for
determining whether a good is an originating good for the purpose of
implementing preferential tariff treatment provided for under the
Agreement. I have decided that it is necessary to include these rules of
origin, together with particular rules applicable to certain other
goods, in the HTS.
6. Section 204 of the Implementation Act authorizes the President to
take certain enforcement actions relating to trade with Oman in textile
and apparel goods.
7. Subtitle B of title III of the Implementation Act authorizes the
President to take certain actions in response to a request by an
interested party for relief from serious damage or actual threat thereof
to a domestic industry producing certain textile or apparel articles.
8. Executive Order 11651 of March 3, 1972, as amended, established the
Committee for the Implementation of Textile Agreements (CITA),
consisting of representatives of the Departments of State, the Treasury,
Commerce and Labor, and the Office of the United States Trade
Representative, with the representative of the Department of Commerce as
Chairman, to supervise the implementation of textile trade agreements.
Consistent with section 301 of title 3, United States Code, when
carrying out functions vested in the President by statute and assigned
by the President to CITA, the officials collectively exercising those
functions are all to be officers required to be appointed by the
President with the advice and consent of the Senate.
9. Section 604 of the 1974 Act, as amended, authorizes the President to
embody in the HTS the substance of relevant provisions of that Act, or
other Acts affecting import treatment, and of actions taken thereunder,
including the removal, modification, continuance, or imposition of any
rate of duty or other import restriction.
[[Page 150]]
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
section 604 of the 1974 Act; sections 105(a), 201, 202, and 204, and
subtitle B of title III, of the Implementation Act; and section 301 of
title 3, United States Code, and having made the determination under
section 101(b) of the Implementation Act necessary for the exchange of
notes, do hereby proclaim:
(1) In order to provide generally for the preferential tariff treatment
being accorded under the Agreement, to set forth rules for determining
whether goods imported into the customs territory of the United States
are eligible for preferential tariff treatment under the Agreement, to
provide certain other treatment to originating goods of Oman for the
purposes of the Agreement, to provide tariff-rate quotas with respect to
certain originating goods of Oman, to reflect Oman's removal from the
enumeration of designated beneficiary developing countries for purposes
of the GSP, and to make technical and conforming changes in the general
notes to the HTS, the HTS is modified as set forth in Annex I of
Publication 4050 of the United States International Trade Commission,
entitled, Modifications to the Harmonized Tariff Schedule of the United
States Implementing the United States-Oman Free Trade Agreement
(Publication 4050), which is incorporated by reference into this
proclamation.
(2) In order to implement the initial stage of duty elimination provided
for in the Agreement and to provide for future staged reductions in
duties for originating goods of Oman for purposes of the Agreement, the
HTS is modified as provided in Annex II of Publication 4050, effective
on the dates specified in the relevant sections of such publication and
on any subsequent dates set forth for such duty reductions in that
publication.
(3) The amendments to the HTS made by paragraphs (1) and (2) of this
proclamation shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the relevant dates
indicated in Annex II of Publication 4050.
(4) The Secretary of Commerce is authorized to exercise my authority
under section 105(a) of the Implementation Act to establish or designate
an office within the Department of Commerce to carry out the functions
set forth in that section.
(5) The CITA is authorized to exercise my authority under section 204 of
the Implementation Act to exclude textile and apparel goods from the
customs territory of the United States; to determine whether an
enterprise's production of, and capability to produce, goods are
consistent with statements by the enterprise; to find that an enterprise
has knowingly or willfully engaged in circumvention; and to deny
preferential tariff treatment to textile and apparel goods.
(6) The CITA is authorized to exercise the functions of the President
under subtitle B of title III of the Implementation Act to review
requests, and to determine whether to commence consideration of such
requests; to cause to be published in the Federal Register a notice of
commencement of consideration of a request and notice seeking public
comment thereon; to determine whether imports of an Omani textile or
apparel article are causing serious damage, or actual threat thereof, to
a domestic industry producing an article that is like, or directly
competitive with, the imported article;
[[Page 151]]
and to provide relief from imports of an article that is the subject of
such a determination.
(7) All provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day
of December, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8333 of December 30, 2008
National Mentoring Month, 2009
By the President of the United States of America
A Proclamation
During National Mentoring Month, we recognize the millions of
individuals who dedicate themselves to making a difference in the lives
of others, and we underscore our commitment to supporting these soldiers
in America's armies of compassion.
Every day across our great Nation, men and women of many different
backgrounds work to inspire our next generation of leaders. By sharing
their time and experiences, mentors help instill important values that
encourage America's youth to set high goals and achieve their dreams.
Mentors demonstrate that the strength of our Nation lies in the hearts
and souls of our citizens and that a positive influence in someone's
life helps them secure a more hopeful future.
My Administration has been committed to building a culture of service,
citizenship, and responsibility. Through the Mentoring Children of
Prisoners program, volunteers help provide consistent guidance and
support so that these children can lead lives of opportunity and
achievement. The USA Freedom Corps is strengthening mentoring
opportunities in America and spreading a message of hope across our
Nation. The Helping America's Youth initiative, led by First Lady Laura
Bush, motivates caring adults to connect with youth to help them to grow
up to be responsible and successful adults. By working together, we can
enrich the lives of our next generation and continue a legacy of
kindness and encouragement.
I appreciate our Nation's mentors and all those who contribute to their
community by helping to change a child's life. For more information on
volunteering to be a mentor, visit volunteer.gov. During National
Mentoring Month, we honor the many Americans who have touched the lives
of others with their compassion, and we reflect on their efforts toward
building a stronger and brighter future for all.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim January 2009 as National
[[Page 152]]
Mentoring Month. I call upon the people of the United States to
recognize the importance of mentoring, to look for opportunities to
serve as mentors in their communities, and to observe this month with
appropriate activities and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
December, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
Proclamation 8334 of December 31, 2008
To Extend Duty-Free Treatment for Certain Agricultural Products of
Israel and for Other Purposes
By the President of the United States of America
A Proclamation
1. On April 22, 1985, the United States and Israel entered into the
Agreement on the Establishment of a Free Trade Area between the
Government of the United States of America and the Government of Israel
(USIFTA), which the Congress approved in the United States-Israel Free
Trade Area Implementation Act of 1985 (the ``USIFTA Act'') (19 U.S.C.
2112 note).
2. In order to maintain the general level of reciprocal and mutually
advantageous concessions with respect to agricultural trade with Israel,
on July 27, 2004, the United States entered into an agreement with
Israel concerning certain aspects of trade in agricultural products
during the period January 1, 2004, through December 31, 2008 (the ``2004
Agreement''). The 2004 Agreement reflects an effort by the United States
and Israel to address, through 2008, their continuing differences over
the meaning of certain provisions in the USIFTA governing access for
U.S. agricultural products to Israel's market.
3. Section 4(b) of the USIFTA Act provides that, whenever the President
determines that it is necessary to maintain the general level of
reciprocal and mutually advantageous concessions with respect to Israel
provided for by the USIFTA, the President may proclaim such withdrawal,
suspension, modification, or continuance of any duty, or such
continuance of existing duty-free or excise treatment, or such
additional duties as the President determines to be required or
appropriate to carry out the USIFTA.
4. In Proclamation 7826 of October 4, 2004, consistent with the 2004
Agreement, I proclaimed modifications to the Harmonized Tariff Schedule
of the United States (HTS) to provide duty-free access into the United
States through December 31, 2008, for specified quantities of certain
agricultural products of Israel.
5. On December 10, 2008, the United States entered into an agreement
with Israel to extend the period that the 2004 Agreement is in force
through December 31, 2009, to allow additional time for the two
governments to conclude an agreement to replace the 2004 Agreement.
[[Page 153]]
6. Pursuant to section 4(b) of the USIFTA Act, I have determined that it
is necessary, in order to maintain the general level of reciprocal and
mutually advantageous concessions with respect to Israel provided for by
the USIFTA, to provide duty-free access into the United States through
the close of December 31, 2009, for specified quantities of certain
agricultural products of Israel.
7. On June 6, 2003, the United States and Chile entered into the United
States-Chile Free Trade Agreement (USCFTA). The Congress approved the
USCFTA in section 101(a) of the United States-Chile Free Trade Agreement
Implementation Act (the ``USCFTA Act'') (19 U.S.C. 3805 note). In
Proclamation 7746 of December 30, 2003, I proclaimed the tariff
treatment called for under the USCFTA.
8. Section 201(b) of the USCFTA Act authorizes the President, subject to
the consultation and layover requirements of section 103(a) of the
USCFTA Act, to proclaim such modifications to the staging of duty
treatment set forth in Annex 3.3 of the USCFTA as the United States may
agree to with Chile, as the President determines to be necessary or
appropriate to maintain the general level of reciprocal and mutually
advantageous concessions with respect to Chile provided for by the
USCFTA.
9. On November 26, 2008, the United States entered into an agreement
with Chile that includes an accelerated schedule of duty elimination
under the USCFTA for specific originating goods of Chile. The
consultation and layover requirements of section 103(a) of the USCFTA
Act with respect to the accelerated schedule of duty elimination were
satisfied as of November 8, 2008.
10. Pursuant to section 201(b) of the USCFTA Act, I have determined that
modifications hereinafter proclaimed of rates of duties on originating
goods of Chile are necessary or appropriate to maintain the general
level of reciprocal and mutually advantageous concessions with respect
to Chile provided for by the USCFTA and to carry out the agreement with
Chile on an accelerated schedule of duty elimination for specific
originating goods of Chile.
11. On May 18, 2004, the United States and Australia entered into the
United States-Australia Free Trade Agreement (USAFTA). The Congress
approved the USAFTA in section 101(a) of the United States-Australia
Free Trade Agreement Implementation Act (the ``USAFTA Act'') (19 U.S.C.
3805 note). In Proclamation 7857 of December 20, 2004, I proclaimed the
rules of origin called for under the USAFTA.
12. Section 203(o) of the USAFTA Act authorizes the President, subject
to the consultation and layover requirements of section 104 of the
USAFTA Act, to proclaim such modifications to the rules of origin as are
necessary to implement an agreement with Australia pursuant to article
4.2.5 of the USAFTA.
13. On October 10, 2008, the United States entered into an agreement
with Australia pursuant to article 4.2.5 of the USAFTA to amend the
USAFTA rule of origin for certain yarns of viscose rayon fiber. The
consultation and layover requirements of section 104 of the USAFTA Act
with respect to the proposed modification of the USAFTA rules of origin
were satisfied as of December 24, 2008.
[[Page 154]]
14. Section 604 of the Trade Act of 1974, as amended (the ``1974 Act'')
(19 U.S.C. 2483), authorizes the President to embody in the HTS the
substance of relevant provisions of that Act, or other acts affecting
import treatment, and of actions taken thereunder.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including section 4 of the
USIFTA Act, section 201(b) of the USCFTA Act, section 203(o) of the
USAFTA Act, section 604 of the 1974 Act, and section 301 of title 3,
United States Code, do proclaim that:
(1) In order to implement U.S. tariff commitments under the 2004
Agreement through December 31, 2009, the HTS is modified as provided in
Annex I to this proclamation.
(2)(a) The modifications to the HTS made by Annex I to this proclamation
shall be effective with respect to goods that are the product of Israel
and are entered, or withdrawn from warehouse for consumption, on or
after January 1, 2009.
(b) The provisions of subchapter VIII of chapter 99 of the HTS, as
modified by Annex I to this proclamation, shall continue in effect through
December 31, 2009.
(3) In order to provide for an accelerated schedule of duty elimination
for specific originating goods of Chile, the tariff treatment set forth
in the HTS is modified as provided in Annex II to this proclamation.
(4) The modifications made to the HTS by Annex II to this proclamation
shall be effective with respect to goods entered, or withdrawn from
warehouse for consumption, on or after January 1, 2009.
(5) In order to implement the agreement with Australia to change the
USAFTA rules of origin for certain yarns of viscose rayon fiber, the HTS
is modified as provided in Annex III to this proclamation.
(6) The modifications made to the HTS by Annex III to this proclamation
shall enter into effect on the date that the United States Trade
Representative announces in a notice published in the Federal Register
that Australia has completed its applicable domestic procedures to give
effect to the agreement to change the USAFTA rules of origin for certain
yarns of viscose rayon fiber and shall be effective with respect to
originating goods of Australia entered, or withdrawn from warehouse for
consumption, on or after the date indicated in the notice.
(7) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
December, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH
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________________________________________________________________________
EXECUTIVE ORDERS
________________________________________________________________________
Executive Order 13454 of January 4, 2008
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the laws cited herein,
it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto
and made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the
Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of
Public Law 102-40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for
senior executives in the Senior Executive Service, as established
pursuant to 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto
and made a part hereof.
Sec. 3. Certain Executive, Legislative and Judicial Salaries. The rates
of basic pay or salaries for the following offices and positions are set
forth on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31) at
Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a),
section 140 of Public Law 97-92, and section 305 of Division D of the
Consolidated Appropriations Act, 2008), at Schedule 7.
Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C.
203(a)) for members of the uniformed services, as adjusted under 37
U.S.C. 1009, and the rate of monthly cadet or midshipman pay (37 U.S.C.
203(c)) are set forth on Schedule 8 attached hereto and made a part
hereof.
Sec. 5. Locality-Based Comparability Payments.
[[Page 158]]
(a) Pursuant to section 5304 of title 5, United States Code, and section
740 of Division D of the Consolidated Appropriations Act, 2008,
locality-based comparability payments shall be paid in accordance with
Schedule 9 attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take such
actions as may be necessary to implement these payments and to publish
appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. The rates of basic pay for
administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4), are
set forth on Schedule 10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective on January 1, 2008. The
other schedules contained herein are effective on the first day of the
first applicable pay period beginning on or after January 1, 2008.
Sec. 8. Prior Order Superseded. Executive Order 13420 of December 21,
2006, is superseded.
George W. Bush
The White House,
January 4, 2008.
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Executive Order 13455 of January 22, 2008
Establishing the President's Advisory Council on Financial Literacy
By the authority vested in me as President by the Constitution and the
laws of the United States of America and to promote and enhance
financial literacy among the American people, it is hereby ordered as
follows:
Section 1. Policy. To help keep America competitive and assist the
American people in understanding and addressing financial matters, it is
the policy of the Federal Government to encourage financial literacy
among the American people.
Sec. 2. Establishment of the Council. There is established within the
Department of the Treasury the President's Advisory Council on Financial
Literacy (Council).
Sec. 3. Membership and Operation of the Council. (a) The Council shall
consist of 19 members appointed by the President from among individuals
not employed by the Federal Government, consistent with subsection (b)
of this section.
(b) In selecting individuals for appointment to the Council, appropriate
consideration should be given to selection of individuals with
backgrounds as providers of, consumers of, promoters of access to, and
educators with respect to financial education and financial services.
Each individual member of the Council will serve as a representative of
his or her industry, trade group, public interest group, or other
organization or group. The composition of the Council will reflect the
views of diverse stakeholders.
(c) The President shall designate a Chair and a Vice Chair from among
the members of the Council.
(d) Subject to the direction of the Secretary of the Treasury
(Secretary), the Chair shall convene and preside at meetings of the
Council, determine its agenda, direct its work, and, as appropriate to
deal with particular subject matters, establish and direct the work of
subgroups of the Council that shall consist exclusively of members of
the Council.
(e) The Vice Chair shall perform:
(i) the duties of the Chair when the position of Chair is vacant; and
(ii) such other functions as the Chair may from time to time assign.
Sec. 4. Functions of the Council. To assist in implementing the policy
set forth in section 1 of this order, the Council shall:
(a) obtain information and advice concerning financial literacy as
appropriate in the course of its work from:
(i) officers and employees of executive departments and agencies (including
members of the Financial Literacy and Education Commission), unless
otherwise directed by the head of the department or agency;
(ii) State, local, territorial, and tribal officials;
(iii) providers of, consumers of, promoters of access to, and educators
with respect to financial services;
[[Page 170]]
(iv) experts on matters relating to the policy set forth in section 1; and
(v) such other individuals as the Secretary may direct;
(b) advise the President and the Secretary consistent with this order on
means to implement effectively the policy set forth in section 1,
including by providing advice on means to:
(i) improve financial education efforts for youth in school and for adults
in the workplace;
(ii) promote effective access to financial services, especially for those
without access to such services;
(iii) establish effective measures of national financial literacy;
(iv) conduct research on financial knowledge, including the collection of
data on the extent of financial knowledge of individuals; and
(v) strengthen and coordinate public and private sector financial education
programs; and
(c) periodically report to the President, through the Secretary, on:
(i) the status of financial literacy in the United States;
(ii) progress made in implementing the policy set forth in section 1 of
this order; and
(iii) recommendations on means to further implement the policy set forth in
section 1 of this order, including with respect to the matters set forth in
subsection (b)(i) through (v) of this section.
Sec. 5. Administration of the Council. (a) To the extent permitted by
law, the Department of the Treasury shall provide funding and
administrative support for the Council, as determined by the Secretary,
to implement this order.
(b) The heads of executive departments and agencies shall provide, as
appropriate and to the extent permitted by law, such assistance and
information to the Council as the Secretary may request to implement
this order.
(c) Members of the Council:
(i) shall serve without any compensation for their work on the Council; and
(ii) while engaged in the work of the Council, may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by law
for persons serving intermittently in the Government (5 U.S.C. 5701-5707),
consistent with the availability of funds.
(d) The Secretary shall designate an officer or employee of the United
States within the Department of the Treasury to serve as an Executive
Director to supervise the administrative support for the Council.
Sec. 6. Termination of the Council. Unless extended by the President,
the Council shall terminate 2 years from the date of this order.
Sec. 7. General Provisions. (a) Insofar as the Federal Advisory
Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the
Council, any functions of the President under the Act, except for those
in section 6 of the Act, shall be performed by the Secretary in
accordance with the guidelines issued by the Administrator of General
Services.
[[Page 171]]
(b) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to a department or agency or the head thereof;
or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
January 22, 2008.
Executive Order 13456 of January 23, 2008
Further Amendment of Executive Order 11858 Concerning Foreign Investment
in the United States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 721 of the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2170), and
section 301 of title 3, United States Code, it is hereby ordered as
follows:
Section 1. Amendment to Executive Order 11858. Executive Order 11858 of
May 7, 1975, as amended, is further amended to read as follows:
``FOREIGN INVESTMENT IN THE UNITED STATES
By the authority vested in me as President by the Constitution and the laws
of the United States of America, including section 721 of the Defense
Production Act of 1950, as amended (50 U.S.C. App. 2170), and section 301
of title 3, United States Code, it is hereby ordered as follows:
Section 1. Policy. International investment in the United States promotes
economic growth, productivity, competitiveness, and job creation. It is the
policy of the United States to support unequivocally such investment,
consistent with the protection of the national security.
Sec. 2. Definitions. (a) The ``Act'' as used in this order means section
721 of the Defense Production Act of 1950, as amended.
(b) Terms used in this order that are defined in subsection 721(a) of the
Act shall have the same meaning in this order as they have in such
subsection.
(c) ``Risk mitigation measure'' as used in this order means any provision
of a risk mitigation agreement or a condition to which section 7 of this
order refers.
Sec. 3. Establishment. (a) There is hereby established the Committee on
Foreign Investment in the United States (the ``Committee'') as provided in
the Act.
[[Page 172]]
(b) In addition to the members specified in the Act, the following heads of
departments, agencies, or offices shall be members of the Committee:
(i) The United States Trade Representative;
(ii) The Director of the Office of Science and Technology Policy; and
(iii) The heads of any other executive department, agency, or office, as
the President or the Secretary of the Treasury determines appropriate, on a
case-by-case basis.
(c) The following officials (or their designees) shall observe and, as
appropriate, participate in and report to the President on the Committee's
activities:
(i) The Director of the Office of Management and Budget;
(ii) The Chairman of the Council of Economic Advisers;
(iii) The Assistant to the President for National Security Affairs;
(iv) The Assistant to the President for Economic Policy; and
(v) The Assistant to the President for Homeland Security and
Counterterrorism.
Sec. 4. Duties of the Secretary of the Treasury.
(a) The functions of the President under subsections (b)(1)(A) (relating to
review and consideration after notification), (b)(1)(D) (relating to
unilateral initiation of review and consideration), and (m)(3)(A) (relating
to inclusion in annual report and designation) of the Act are assigned to
the Secretary of the Treasury.
(b) The Secretary of the Treasury shall perform the function of issuance of
regulations under section 721(h) of the Act. The Secretary shall consult
the Committee with respect to such regulations prior to any notice and
comment and prior to their issuance.
(c) Except as otherwise provided in the Act or this order, the chairperson
shall have the authority, exclusive of the heads of departments or
agencies, after consultation with the Committee:
(i) to act, or authorize others to act, on behalf of the Committee; and
(ii) to communicate on behalf of the Committee with the Congress and the
public.
(d) The chairperson shall coordinate the preparation of and transmit the
annual report to the Congress provided for in the Act and may assign to any
member of the Committee, as the chairperson determines appropriate and
consistent with the Act, responsibility for conducting studies and
providing analyses necessary for the preparation of the report.
(e) After consultation with the Committee, the chairperson may request that
the Director of National Intelligence begin preparing the analysis required
by the Act at any time, including prior to acceptance of the notice of a
transaction, in accordance with otherwise applicable law. The Director of
National Intelligence shall provide the Director's analysis as soon as
possible and consistent with section 721(b)(4) of the Act.
Sec. 5. Lead Agency. (a) The lead agency or agencies (``lead agency'')
shall have primary responsibility, on behalf of the Committee, for the
[[Page 173]]
specific activity for which the Secretary of the Treasury designates it a
lead agency.
(b) In acting on behalf of the Committee, the lead agency shall keep the
Committee fully informed of its activities. In addition, the lead agency
shall notify the chairperson of any material action that the lead agency
proposes to take on behalf of the Committee, sufficiently in advance to
allow adequate time for the chairperson to consult the Committee and
provide the Committee's direction to the lead agency not to take, or to
amend, such action.
Sec. 6. Reviews and Investigations.
(a) Any member of the Committee may conduct its own inquiry with respect to
the potential national security risk posed by a transaction, but
communication with the parties to a transaction shall occur through or in
the presence of the lead agency, or the chairperson if no lead agency has
been designated.
(b) The Committee shall undertake an investigation of a transaction in any
case, in addition to the circumstances described in the Act, in which
following a review a member of the Committee advises the chairperson that
the member believes that the transaction threatens to impair the national
security of the United States and that the threat has not been mitigated.
(c) The Committee shall send a report to the President requesting the
President's decision with respect to a review or investigation of a
transaction in the following circumstances:
(i) the Committee recommends that the President suspend or prohibit the
transaction;
(ii) the Committee is unable to reach a decision on whether to recommend
that the President suspend or prohibit the transaction; or
(iii) the Committee requests that the President make a determination with
regard to the transaction.
(d) Upon completion of a review or investigation of a transaction, the lead
agency shall prepare for the approval of the chairperson the appropriate
certified notice or report to the Congress called for under the Act. The
chairperson shall transmit such notice or report to the Congress, as
appropriate.
Sec. 7. Risk Mitigation. (a) The Committee, or any lead agency acting on
behalf of the Committee, may seek to mitigate any national security risk
posed by a transaction that is not adequately addressed by other provisions
of law by entering into a mitigation agreement with the parties to a
transaction or by imposing conditions on such parties.
(b) Prior to the Committee or a department or agency proposing risk
mitigation measures to the parties to a transaction, the department or
agency seeking to propose any such measure shall prepare and provide to the
Committee a written statement that: (1) identifies the national security
risk posed by the transaction based on factors including the threat (taking
into account the Director of National Intelligence's threat analysis),
vulnerabilities, and potential consequences; and (2) sets forth the risk
mitigation measures the department or agency believes are reasonably
[[Page 174]]
necessary to address the risk. If the Committee agrees that mitigation is
appropriate and approves the risk mitigation measures, the lead agency
shall seek to negotiate such measures with the parties to the transaction.
(c) A risk mitigation measure shall not, except in extraordinary
circumstances, require that a party to a transaction recognize, state its
intent to comply with, or consent to the exercise of any authorities under
existing provisions of law.
(d) The lead agency designated for the purpose of monitoring a risk
mitigation measure shall seek to ensure that adequate resources are
available for such monitoring. When designating a lead agency for those
purposes, the Secretary of the Treasury shall consider the agency's views
on the adequacy of its resources for such purposes.
(e)(i) Nothing in this order shall be construed to limit the ability of a
department or agency, in the exercise of authorities other than those
provided under the Act, to:
(A) conduct inquiries with respect to a transaction;
(B) communicate with the parties to a transaction; or
(C) negotiate, enter into, impose, or enforce contractual provisions with
the parties to a transaction.
(ii) A department or agency shall not condition actions or the exercise of
authorities to which paragraph (i) of this subsection refers upon the
exercise, or forbearance in the exercise, of its authority under the Act or
this order, and no authority under the Act shall be available for the
enforcement of such actions or authorities.
(f) The Committee may initiate a review of a transaction that has
previously been reviewed by the Committee only in the extraordinary
circumstances provided in the Act.
Sec. 8. Additional Assignments to the Committee. In addition to the
functions assigned to the Committee by the Act, the Committee shall review
the implementation of the Act and this order and report thereon from time
to time to the President, together with such recommendations for policy,
administrative, or legislative proposals as the Committee determines
appropriate.
Sec. 9. Duties of the Secretary of Commerce. The Secretary of Commerce
shall:
(a) obtain, consolidate, and analyze information on foreign investment in
the United States;
(b) monitor and, where necessary, improve procedures for the collection and
dissemination of information on foreign investment in the United States;
(c) prepare for the public, the President or heads of departments or
agencies, as appropriate, reports, analyses of trends, and analyses of
significant developments in appropriate categories of foreign investment in
the United States; and
(d) compile and evaluate data on significant transactions involving foreign
investment in the United States.
[[Page 175]]
Sec. 10. General Provisions. (a) The heads of departments and agencies
shall provide, as appropriate and to the extent permitted by law, such
information and assistance as the Committee may request to implement the
Act and this order.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency or the head thereof;
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals; or
(iii) existing mitigation agreements.
(c) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(d) Officers of the United States with authority or duties under the Act or
this order shall ensure that, in carrying out the Act and this order, the
actions of departments, agencies, and the Committee are consistent with the
President's constitutional authority to: (i) conduct the foreign affairs of
the United States; (ii) withhold information the disclosure of which could
impair the foreign relations, the national security, the deliberative
processes of the Executive, or the performance of the Executive's
constitutional duties; (iii) recommend for congressional consideration such
measures as the President may judge necessary and expedient; and (iv)
supervise the unitary executive branch.
Sec. 11. Revocation. Section 801 of Executive Order 12919 of June 3, 1994,
is revoked.''
Sec. 2. General Provision. This order is not intended to, and does not,
create any right or benefit, substantive or procedural, enforceable at
law or in equity, by any party against the United States, its
departments, agencies or entities, its officers, employees, or agents,
or any other person.
George W. Bush
The White House,
January 23, 2008.
Executive Order 13457 of January 29, 2008
Protecting American Taxpayers From Government Spending on Wasteful
Earmarks
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the Federal Government to be
judicious in the expenditure of taxpayer dollars. To ensure the proper
use of taxpayer funds that are appropriated for Government programs and
purposes, it is necessary that the number and cost of earmarks be
reduced, that their origin and purposes be transparent, and that they be
included in the text of the bills voted upon by the Congress and
presented to the President. For appropriations laws and other
legislation enacted after the date of this
[[Page 176]]
order, executive agencies should not commit, obligate, or expend funds
on the basis of earmarks included in any non-statutory source, including
requests in reports of committees of the Congress or other congressional
documents, or communications from or on behalf of Members of Congress,
or any other non-statutory source, except when required by law or when
an agency has itself determined a project, program, activity, grant, or
other transaction to have merit under statutory criteria or other merit-
based decisionmaking.
Sec. 2. Duties of Agency Heads. (a) With respect to all appropriations
laws and other legislation enacted after the date of this order, the
head of each agency shall take all necessary steps to ensure that:
(i) agency decisions to commit, obligate, or expend funds for any earmark
are based on the text of laws, and in particular, are not based on language
in any report of a committee of Congress, joint explanatory statement of a
committee of conference of the Congress, statement of managers concerning a
bill in the Congress, or any other non-statutory statement or indication of
views of the Congress, or a House, committee, Member, officer, or staff
thereof;
(ii) agency decisions to commit, obligate, or expend funds for any earmark
are based on authorized, transparent, statutory criteria and merit-based
decision making, in the manner set forth in section II of OMB Memorandum M-
07-10, dated February 15, 2007, to the extent consistent with applicable
law; and
(iii) no oral or written communications concerning earmarks shall supersede
statutory criteria, competitive awards, or merit-based decisionmaking.
(b) An agency shall not consider the views of a House, committee,
Member, officer, or staff of the Congress with respect to commitments,
obligations, or expenditures to carry out any earmark unless such views
are in writing, to facilitate consideration in accordance with section
2(a)(ii) above. All written communications from the Congress, or a
House, committee, Member, officer, or staff thereof, recommending that
funds be committed, obligated, or expended on any earmark shall be made
publicly available on the Internet by the receiving agency, not later
than 30 days after receipt of such communication, unless otherwise
specifically directed by the head of the agency, without delegation,
after consultation with the Director of the Office of Management and
Budget, to preserve appropriate confidentiality between the executive
and legislative branches.
(c) Heads of agencies shall otherwise implement within their respective
agencies the policy set forth in section 1 of this order, consistent
with such instructions as the Director of the Office of Management and
Budget may prescribe.
(d) The head of each agency shall upon request provide to the Director
of the Office of Management and Budget information about earmarks and
compliance with this order.
Sec. 3. Definitions. For purposes of this order:
(a) The term ``agency'' means an executive agency as defined in section
105 of title 5, United States Code, and the United States Postal Service
and the Postal Regulatory Commission, but shall exclude the Government
Accountability Office; and
[[Page 177]]
(b) the term ``earmark'' means funds provided by the Congress for
projects, programs, or grants where the purported congressional
direction (whether in statutory text, report language, or other
communication) circumvents otherwise applicable merit-based or
competitive allocation processes, or specifies the location or
recipient, or otherwise curtails the ability of the executive branch to
manage its statutory and constitutional responsibilities pertaining to
the funds allocation process.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to an agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by
any party against the United States, its agencies, instrumentalities, or
entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
January 29, 2008.
Executive Order 13458 of February 4, 2008
Implementation of the Protocol Additional to the Agreement Between the
United States and the International Atomic Energy Agency for the
Application of Safeguards in the United States of America
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the United States
Additional Protocol Implementation Act (the ``Act'')(Public Law 109-401)
and section 301 of title 3, United States Code, and in order to
facilitate implementation of the Act and the Protocol Additional to the
Agreement between the United States and the International Atomic Energy
Agency for the Application of Safeguards in the United States of America
(the ``Additional Protocol''), it is hereby ordered as follows:
Section 1. The Secretaries of State, Defense, Commerce, and Energy, the
Attorney General, the Nuclear Regulatory Commission, and heads of such
other agencies as appropriate, each shall issue, amend, or revise, and
enforce such regulations, orders, directives, instructions, or
procedures as are necessary to implement the Act and United States
obligations under the Additional Protocol.
Sec. 2. The Secretary of Commerce, with the assistance, as necessary, of
the Attorney General, is authorized to obtain and to execute warrants
pursuant to section 223 of the Act for the purpose of gaining
complementary access
[[Page 178]]
to locations subject to regulations issued by the Department of Commerce
pursuant to section 1 of this order.
Sec. 3. The Secretaries of State, Defense, Commerce, and Energy, the
Attorney General, the Nuclear Regulatory Commission, and heads of such
other departments and agencies as appropriate, are authorized to carry
out, consistent with the Act and in accordance with subsequent
directives, appropriate functions that are not otherwise assigned in the
Act and are necessary to implement the Act and United States obligations
under the Additional Protocol. The Secretary of State shall perform the
function of providing notifications or information to the Congress when
required by the Act.
Sec. 4. This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
Sec. 5. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by
any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers, employees, or agents, or
any other person.
George W. Bush
The White House,
February 4, 2008.
Executive Order 13459 of February 7, 2008
Improving the Coordination and Effectiveness of Youth Programs
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in recognition of the
successful interagency collaboration resulting from the Helping
America's Youth initiative, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the Federal Government to promote
achievement of positive results for at-risk youth through:
(a) enhanced collaboration among government organizations at the
Federal, State, and local level, including with faith-based and other
community organizations, as well as among families, schools, and
communities, in order to leverage existing resources and improve
outcomes;
(b) identification and dissemination of promising strategies and
practices that have been proven effective through rigorous evaluation;
and
(c) online publication of essential information to assist interested
citizens and decision-makers, particularly at the community level, to
plan, implement, and participate in effective programs for at-risk
youth.
Sec. 2. Establishment of the Interagency Working Group on Youth
Programs. The Secretary of Health and Human Services (Secretary) shall
establish within the Department of Health and Human Services for
administrative purposes only, an Interagency Working Group on Youth
Programs (Working Group), consistent with this order and reflecting the
ongoing interagency collaboration under the Helping America's Youth
initiative.
[[Page 179]]
Sec. 3. Membership and Operation of the Working Group.
(a) The Working Group shall consist exclusively of the following members
or their designees, who shall be full-time Federal officers or
employees:
(i) the Secretary;
(ii) the Attorney General;
(iii) the Secretaries of Defense, the Interior, Agriculture, Commerce,
Labor, Housing and Urban Development, and Education;
(iv) the Director of the Office of National Drug Control Policy;
(v) the Chief Executive Officer of the Corporation for National and
Community Service; and
(vi) other officers or full-time or permanent part-time employees of the
United States, as determined by the Secretary, with the concurrence of the
head of the department or agency concerned.
(b) The Secretary (or the Secretary's designee) shall serve as Chair,
and the Attorney General (or the Attorney General's designee) shall
serve as Vice Chair, for a period of 2 years from the date of this
order. Subsequent Chairs and Vice Chairs shall be designated by the
Secretary on a biennial basis.
(c) In implementing this section, the Chair, and in the Chair's absence
the Vice Chair, shall convene and preside at meetings of the Working
Group, determine its agenda, direct its work, and establish and direct
subgroups of the Working Group, as appropriate, to deal with particular
subject matters, that shall consist exclusively of members of the
Working Group or their designees. The Chair, after consultation with the
Vice Chair, shall designate an officer or employee of one of the member
departments or agencies to serve as the Executive Secretary of the
Working Group. The Executive Secretary shall head any staff assigned to
the Working Group and any subgroups thereof, and such staff shall
consist exclusively of full-time or permanent part-time Federal
employees.
Sec. 4. Functions of the Working Group. Consistent with the policy set
forth in section 1 of this order, the Working Group shall:
(a) identify and engage key government and private or nonprofit
organizations that can play a role in improving the coordination and
effectiveness of programs serving and engaging youth, such as faith-
based and other community organizations, businesses, volunteers, and
other key constituencies;
(b) develop a new Federal website on youth, built upon the Community
Guide to Helping America's Youth, with the first phase of this website
to be launched within 10 months of the date of this order, by:
(i) identifying and assessing the strengths and weaknesses of existing
Federal websites focusing on youth-serving entities in order to improve
access to the most useful content;
(ii) providing for training to youth-serving entities to enable effective
use of the Federal website;
(iii) developing additional strategies and tools and resources accessible
through the Federal website that will help promote effective community-
based efforts to reduce the factors that put youth at risk and the
provision of high-quality services to at-risk youth across the country; and
[[Page 180]]
(iv) developing strategies to ensure that the Federal website is routinely
updated, improved, and publicized;
(c) encourage all youth-serving Federal and State agencies, communities,
grantees, and organizations to adopt high standards for assessing
program results, including through the use of rigorous impact
evaluations, as appropriate, so that the most effective practices can be
identified and replicated, and ineffective or duplicative programs can
be eliminated or reformed;
(d)(i) identify and promote initiatives and activities that merit strong
interagency collaboration because of their potential to offer cost-
effective solutions to achieve better results for at-risk youth,
including volunteer service in concert with the USA Freedom Corps and
mentoring in concert with the Federal Mentoring Council; and,
(ii) encourage rigorous evaluations, as appropriate, of such initiatives
and activities to ascertain their effectiveness in improving academic,
employment, social, and other individual outcomes, and make these findings
publicly available, and
(e) annually report to the President, through the Assistant to the
President for Domestic Policy, on its work and on the implementation of
any recommendations arising from its work, with the first such report to
be submitted no later than 6 months after the date of this order.
Sec. 5. Administration of the Working Group. (a) The Secretary shall, to
the extent permitted by law, provide administrative support and funding
for the Working Group.
With the consent of the Secretary, other member departments or agencies
may provide administrative support to the Working Group, to the extent
permitted by law and consistent with their statutory authority.
(b) The heads of executive departments and agencies shall provide, as
appropriate, such assistance and information as the Secretary may
request to implement this order.
(c) The website referred to in section 4(b) of this order shall be
funded by contributions from executive departments and agencies to the
extent permitted by law and consistent with their statutory authority.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to a department, agency, or the head thereof;
or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
February 7, 2008.
[[Page 181]]
Executive Order 13460 of February 13, 2008
Blocking Property of Additional Persons in Connection With the National
Emergency With Respect to Syria
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)(IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of
title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, find that
the Government of Syria continues to engage in certain conduct that
formed the basis for the national emergency declared in Executive Order
13338 of May 11, 2004, including but not limited to undermining efforts
with respect to the stabilization of Iraq. I further find that the
conduct of certain members of the Government of Syria and other persons
contributing to public corruption related to Syria, including by
misusing Syrian public assets or by misusing public authority,
entrenches and enriches the Government of Syria and its supporters and
thereby enables the Government of Syria to continue to engage in certain
conduct that formed the basis for the national emergency declared in
Executive Order 13338. In light of these findings, and to take
additional steps with respect to the national emergency declared in
Executive Order 13338 of May 11, 2004, I hereby order:
Section 1. (a) Except to the extent provided in section 203(b)(1), (3),
and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3) and (4)), the Trade
Sanctions Reform and Export Enhancement Act of 2000 (title IX, Public
Law 106-387), or regulations, orders, directives, or licenses that may
be issued pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the effective
date of this order, all property and interests in property that are in
the United States, that hereafter come within the United States, or that
are or hereafter come within the possession or control of any United
States person, including any overseas branch, of the following persons
are blocked and may not be transferred, paid, exported, withdrawn, or
otherwise dealt in: persons determined by the Secretary of the Treasury,
after consultation with the Secretary of State, to be responsible for,
to have engaged in, to have facilitated, or to have secured improper
advantage as a result of, public corruption by senior officials within
the Government of Syria.
(b) The prohibitions in paragraph (a) of this section include, but are
not limited to, (i) the making of any contribution or provision of
funds, goods, or services by, to, or for the benefit of any person
designated pursuant to this order, and (ii) the receipt of any
contribution or provision of funds, goods, or services from any such
person.
Sec. 2. Section 3(a)(iv) of Executive Order 13338 is hereby amended to
read as follows:
``(iv) to be or to have been responsible for or otherwise significantly
contributing to actions taken or decisions made by the Government of Syria
that have the purpose or effect of undermining efforts to stabilize Iraq or
of allowing the use of Syrian territory or facilities to undermine efforts
to stabilize Iraq; or''.
[[Page 182]]
Sec. 3. (a) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading or
avoiding, or attempts to violate any of the prohibitions set forth in
this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 4. For purposes of this order:
(a) the term ``person'' means any individual or entity;
(b) the term ``entity'' means a partnership, association, trust, joint
venture, corporation, group, subgroup, or other organization; and
(c) the term ``United States person'' means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 5. I hereby determine that the making of donations of the type
specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to,
or for the benefit of, persons whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with the national emergency declared in Executive
Order 13338 and relied upon for additional steps taken in Executive
Order 13399 of April 25, 2006, and I hereby prohibit such donations as
provided by section 1 of this order.
Sec. 6. For those persons whose property and interests in property are
blocked pursuant to section 1 of this order who might have a
constitutional presence in the United States, I find that, because of
the ability to transfer funds or other assets instantaneously, prior
notice to such persons of measures to be taken pursuant to this order
would render these measures ineffectual. I therefore determine that for
these measures to be effective in addressing the national emergency
declared in Executive Order 13338 and relied upon for additional steps
taken in Executive Order 13399, there need be no prior notice of a
determination made pursuant to this order.
Sec. 7. The Secretary of the Treasury, after consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA as may be necessary to carry out the
purposes of this order. The Secretary of the Treasury may redelegate any
of these functions to other officers and agencies of the United States
Government, consistent with applicable law. All executive agencies of
the United States Government are hereby directed to take all appropriate
measures within their authority to carry out the provisions of this
order and, where appropriate, to advise the Secretary of the Treasury in
a timely manner of the measures taken.
Sec. 8. Nothing in this order is intended to affect the continued
effectiveness of any rules, regulations, orders, licenses, or other
forms of administrative action issued, taken, or continued in effect
heretofore or hereafter under 31 C.F.R. chapter V, except as expressly
terminated, modified, or suspended by or pursuant to this order.
Sec. 9. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
[[Page 183]]
against the United States, its departments, agencies, instrumentalities,
or entities, its officers or employees, or any other person.
George W. Bush
The White House,
February 13, 2008.
Executive Order 13461 of February 15, 2008
Providing an Order of Succession Within the Department of Health and
Human Services
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Subject to the provisions of section 3 of this order, the
officers named in section 2, in the order listed, shall act as and
perform the functions and duties of the Office of the Secretary of
Health and Human Services (Secretary), if they are eligible to act as
Secretary under the provisions of the Federal Vacancies Reform Act of
1998, during any period in which the Secretary has died, resigned, or
become otherwise unable to perform the functions and duties of the
office of Secretary.
Sec. 2. Order of Succession.
(a) Deputy Secretary of Health and Human Services;
(b) General Counsel of the Department of Health and Human Services;
(c) Assistant Secretary (Resources and Technology);
(d) Assistant Secretary (Planning and Evaluation);
(e) Administrator of the Centers for Medicare and Medicaid Services;
(f) Commissioner of Food and Drugs;
(g) Director of the National Institutes of Health;
(h) Assistant Secretary for Family Support;
(i) Other Assistant Secretaries of the Department of Health and Human
Services appointed by the President, in the order in which they shall
have taken the oath of office as such;
(j) Director, Centers for Disease Control and Prevention; and
(k) Director, Region 4.
Sec. 3. Exceptions.
(a) No individual who is serving in an office listed in section 2 of
this order in an acting capacity, by virtue of so serving, shall act as
Secretary pursuant to this order.
(b) Notwithstanding the provisions of this order, the President retains
discretion, consistent with the Federal Vacancies Reform Act of 1998, to
depart from this order in designating an acting Secretary.
[[Page 184]]
Sec. 4. Revocation. Executive Order 13250 of December 28, 2001
(Providing An Order of Succession Within the Department of Health and
Human Services), and the President's memorandum of March 19, 2002
(Designation of Officers of the Department of Health and Human
Services), are hereby revoked.
George W. Bush
The White House,
February 15, 2008.
Executive Order 13462 of February 29, 2008
President's Intelligence Advisory Board and Intelligence Oversight Board
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to ensure that
the President and other officers of the United States with
responsibility for the security of the Nation and the advancement of its
interests have access to accurate, insightful, objective, and timely
information concerning the capabilities, intentions, and activities of
foreign powers.
Sec. 2. Definitions. As used in this order:
(a) ``department concerned'' means an executive department listed in
section 101 of title 5, United States Code, that contains an
organization listed in or designated pursuant to section 3(4) of the
National Security Act of 1947, as amended (50 U.S.C. 401a(4));
(b) ``intelligence activities'' has the meaning specified in section 3.4
of Executive Order 12333 of December 4, 1981, as amended; and
(c) ``intelligence community'' means the organizations listed in or
designated pursuant to section 3(4) of the National Security Act of
1947, as amended.
Sec. 3. Establishment of the President's Intelligence Advisory Board.
(a) There is hereby established, within the Executive Office of the
President and exclusively to advise and assist the President as set
forth in this order, the President's Intelligence Advisory Board (PIAB).
(b) The PIAB shall consist of not more than 16 members appointed by the
President from among individuals who are not employed by the Federal
Government.
(c) The President shall designate a Chair from among the members of the
PIAB, who shall convene and preside at meetings of the PIAB, determine
its agenda, and direct its work.
(d) Members of the PIAB and the Intelligence Oversight Board (IOB)
established in section 5 of this order:
(i) shall serve without any compensation for their work on the PIAB or
the IOB; and
[[Page 185]]
(ii) while engaged in the work of the PIAB or the IOB, may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by law for persons serving intermittently in the Government
(5 U.S.C. 5701-5707).
(e) The PIAB shall utilize such full-time professional and
administrative staff as authorized by the Chair and approved by the
President or the President's designee. Such staff shall be supervised by
an Executive Director of the PIAB, appointed by the President, whom the
President may designate to serve also as the Executive Director of the
IOB.
Sec. 4. Functions of the PIAB. Consistent with the policy set forth in
section 1 of this order, the PIAB shall have the authority to, as the
PIAB determines appropriate, or shall, when directed by the President:
(a) assess the quality, quantity, and adequacy of intelligence
collection, of analysis and estimates, and of counterintelligence and
other intelligence activities, assess the adequacy of management,
personnel and organization in the intelligence community, and review the
performance of all agencies of the Federal Government that are engaged
in the collection, evaluation, or production of intelligence or the
execution of intelligence policy and report the results of such
assessments or reviews:
(i) to the President, as necessary but not less than twice each year;
and
(ii) to the Director of National Intelligence (DNI) and the heads of
departments concerned when the PIAB determines appropriate; and
(b) consider and make appropriate recommendations to the President, the
DNI, or the head of the department concerned with respect to matters
identified to the PIAB by the DNI or the head of a department concerned.
Sec. 5. Establishment of Intelligence Oversight Board.
(a) There is hereby established a committee of the PIAB to be known as
the Intelligence Oversight Board.
(b) The IOB shall consist of not more than five members of the PIAB who
are designated by the President from among members of the PIAB to serve
on the IOB. The IOB shall utilize such full-time professional and
administrative staff as authorized by the Chair and approved by the
President or the President's designee. Such staff shall be supervised by
an Executive Director of the IOB, appointed by the President, whom the
President may designate to serve also as the Executive Director of the
PIAB.
(c) The President shall designate a Chair from among the members of the
IOB, who shall convene and preside at meetings of the IOB, determine its
agenda, and direct its work.
Sec. 6. Functions of the IOB. Consistent with the policy set forth in
section 1 of this order, the IOB shall:
(a) issue criteria on the thresholds for reporting matters to the IOB,
to the extent consistent with section 1.7(d) of Executive Order 12333 or
the corresponding provision of any successor order;
(b) inform the President of intelligence activities that the IOB
believes:
(i)(A) may be unlawful or contrary to Executive Order or presidential
directive; and
(B) are not being adequately addressed by the Attorney General, the DNI,
or the head of the department concerned; or
[[Page 186]]
(ii) should be immediately reported to the President.
(c) review and assess the effectiveness, efficiency, and sufficiency of
the processes by which the DNI and the heads of departments concerned
perform their respective functions under this order and report thereon
as necessary, together with any recommendations, to the President and,
as appropriate, the DNI and the head of the department concerned;
(d) receive and review information submitted by the DNI under subsection
7(c) of this order and make recommendations thereon, including for any
needed corrective action, with respect to such information, and the
intelligence activities to which the information relates, as necessary,
but not less than twice each year, to the President, the DNI, and the
head of the department concerned; and
(e) conduct, or request that the DNI or the head of the department
concerned, as appropriate, carry out and report to the IOB the results
of, investigations of intelligence activities that the IOB determines
are necessary to enable the IOB to carry out its functions under this
order.
Sec. 7. Functions of the Director of National Intelligence. Consistent
with the policy set forth in section 1 of this order, the DNI shall:
(a) with respect to guidelines applicable to organizations within the
intelligence community that concern reporting of intelligence activities
described in subsection 6(b)(i)(A) of this order:
(i) review and ensure that such guidelines are consistent with section
1.7(d) of Executive Order 12333, or a corresponding provision of any
successor order, and this order; and
(ii) issue for incorporation in such guidelines instructions relating to
the format and schedule of such reporting as necessary to implement this
order;
(b) with respect to intelligence activities described in subsection
6(b)(i)(A) of this order:
(i) receive reports submitted to the IOB pursuant to section 1.7(d) of
Executive Order 12333, or a corresponding provision of any successor
order;
(ii) forward to the Attorney General information in such reports
relating to such intelligence activities to the extent that such
activities involve possible violations of Federal criminal laws or
implicate the authority of the Attorney General unless the DNI or the
head of the department concerned has previously provided such
information to the Attorney General; and
(iii) monitor the intelligence community to ensure that the head of the
department concerned has directed needed corrective actions and that
such actions have been taken and report to the IOB and the head of the
department concerned, and as appropriate the President, when such
actions have not been timely taken; and
(c) submit to the IOB as necessary and no less than twice each year:
(i) an analysis of the reports received under subsection (b)(i) of this
section, including an assessment of the gravity, frequency, trends, and
patterns of occurrences of intelligence activities described in
subsection 6(b)(i)(A) of this order;
[[Page 187]]
(ii) a summary of direction under subsection (b)(iii) of this section
and any related recommendations; and
(iii) an assessment of the effectiveness of corrective action taken by
the DNI or the head of the department concerned with respect to
intelligence activities described in subsection 6(b)(i)(A) of this
order.
Sec. 8. Functions of Heads of Departments Concerned and Additional
Functions of the Director of National Intelligence.
(a) To the extent permitted by law, the DNI and the heads of departments
concerned shall provide such information and assistance as the PIAB and
the IOB may need to perform functions under this order.
(b) The heads of departments concerned shall:
(i) ensure that the DNI receives:
(A) copies of reports submitted to the IOB pursuant to section 1.7(d) of
Executive Order 12333, or a corresponding provision of any successor
order; and
(B) such information and assistance as the DNI may need to perform
functions under this order; and
(ii) designate the offices within their respective organizations that
shall submit reports to the IOB required by Executive Order and inform
the DNI and the IOB of such designations; and
(iii) ensure that departments concerned comply with instructions issued
by the DNI under subsection 7(a)(ii) of this order.
(c) The head of a department concerned who does not implement a
recommendation to that head of department from the PIAB under subsection
4(b) of this order or from the IOB under subsections 6(c) or 6(d) of
this order shall promptly report through the DNI to the Board that made
the recommendation, or to the President, the reasons for not
implementing the recommendation.
(d) The DNI shall ensure that the Director of the Central Intelligence
Agency performs the functions with respect to the Central Intelligence
Agency under this order that a head of a department concerned performs
with respect to organizations within the intelligence community that are
part of that department.
Sec. 9. References and Transition. (a) References in Executive Orders
other than this order, or in any other presidential guidance, to the
``President's Foreign Intelligence Advisory Board'' shall be deemed to
be references to the President's Intelligence Advisory Board established
by this order.
(b) Individuals who are members of the President's Foreign Intelligence
Advisory Board under Executive Order 12863 of September 13, 1993, as
amended, immediately prior to the signing of this order shall be members
of the President's Intelligence Advisory Board immediately upon the
signing of this order, to serve as such consistent with this order until
the date that is 15 months following the date of this order.
(c) Individuals who are members of the Intelligence Oversight Board
under Executive Order 12863 immediately prior to the signing of this
order shall be members of the Intelligence Oversight Board under this
order, to serve
[[Page 188]]
as such consistent with this order until the date that is 15 months
following the date of this order.
(d) The individual serving as Executive Director of the President's
Foreign Intelligence Advisory Board immediately prior to the signing of
this order shall serve as the Executive Director of the PIAB until such
person resigns, dies, or is removed, or upon appointment of a successor
under this order and shall serve as the Executive Director of the IOB
until an Executive Director of the IOB is appointed or designated under
this order.
Sec. 10. Revocation. Executive Order 12863 is revoked.
Sec. 11. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to a department or agency, or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) Any person who is a member of the PIAB or IOB, or who is granted
access to classified national security information in relation to the
activities of the PIAB or the IOB, as a condition of access to such
information, shall sign and comply with the agreements to protect such
information from unauthorized disclosure. This order shall be
implemented in a manner consistent with Executive Order 12958 of April
17, 1995, as amended, and Executive Order 12968 of August 2, 1995, as
amended.
(c) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(d) This order is intended only to improve the internal management of
the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity, by any party against the United States, its departments,
agencies or entities, its officers, employees, or agents, or any other
person.
George W. Bush
The White House,
February 29, 2008.
Executive Order 13463 of April 18, 2008
Amending Executive Orders 13389 and 13390
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C.
5121-5206), it is hereby ordered as follows:
Section 1. Executive Order 13389 of November 1, 2005, as amended, is
further amended:
(a) in subsection 2(a), by striking ``Economic Policy'' and inserting in
lieu thereof ``Homeland Security and Counterterrorism''; and
[[Page 189]]
(b) in section 5, by striking ``3 years from the date of this order''
and inserting in lieu thereof ``February 28, 2009''.
Sec. 2. Subsection 5(b) of Executive Order 13390 of November 1, 2005, is
amended:
(a) by striking the comma after ``applicable law'' and inserting
``and''; and
(b) striking ``3 years from the date of this order'' and inserting in
lieu thereof ``February 28, 2009''.
George W. Bush
The White House,
April 18, 2008.
Executive Order 13464 of April 30, 2008
Blocking Property and Prohibiting Certain Transactions Related to Burma
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), the Burmese Freedom
and Democracy Act of 2003 (Public Law 108-61, as amended, 50 U.S.C. 1701
note), and section 301 of title 3, United States Code, and in order to
take additional steps with respect to the Government of Burma's
continued repression of the democratic opposition in Burma, and with
respect to the national emergency declared in Executive Order 13047 of
May 20, 1997, relied upon for additional steps taken in Executive Order
13310 of July 28, 2003, and expanded in Executive Order 13448 of October
18, 2007,
I, GEORGE W. BUSH, President of the United States of America, hereby
order:
Section 1. Except to the extent provided in section 203(b)(1), (3), and
(4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), the Trade Sanctions
Reform and Export Enhancement Act of 2000 (title IX, Public Law 106-
387), or regulations, orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any contract entered into or
any license or permit granted prior to the effective date of this order,
all property and interests in property of the following persons that are
in the United States, that hereafter come within the United States, or
that are or hereafter come within the possession or control of United
States persons, including their overseas branches, are blocked and may
not be transferred, paid, exported, withdrawn, or otherwise dealt in:
(a) the persons listed in the Annex attached and made a part of this
order; and
(b) any person determined by the Secretary of the Treasury, after
consultation with the Secretary of State:
(i) to be owned or controlled by, directly or indirectly, the Government
of Burma or an official or officials of the Government of Burma;
[[Page 190]]
(ii) to have materially assisted, sponsored, or provided financial,
material, logistical, or technical support for, or goods or services in
support of, the Government of Burma, the State Peace and Development
Council of Burma, the Union Solidarity and Development Association of
Burma, any successor entity to any of the foregoing, any senior official
of any of the foregoing, or any person whose property and interests in
property are blocked pursuant to Executive Order 13310, Executive Order
13448, or this order; or
(iii) to be owned or controlled by, or to have acted or purported to act
for or on behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant to Executive Order 13310,
Executive Order 13448, or this order.
Sec. 2. (a) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading or
avoiding, or attempts to violate any of the prohibitions set forth in
this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association, trust, joint
venture, corporation, group, subgroup, or other organization;
(c) the term ``United States person'' means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States; and
(d) the term ``Government of Burma'' means the Government of Burma
(sometimes referred to as Myanmar), its agencies, instrumentalities and
controlled entities, and the Central Bank of Burma.
Sec. 4. I hereby determine that the making of donations of the type
specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to,
or for the benefit of, persons whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with the national emergency declared in Executive
Order 13047, relied upon for additional steps taken in Executive Order
13310, and expanded in Executive Order 13448, and hereby prohibit such
donations as provided by section 1 of this order.
Sec. 5. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render these measures
ineffectual. I therefore determine that for these measures to be
effective in addressing the national emergency declared in Executive
Order 13047, relied upon for additional steps taken in Executive Order
13310, and expanded in Executive Order 13448, there need be no prior
notice of a listing or determination made pursuant to section 1 of this
order.
[[Page 191]]
Sec. 6. The Secretary of the Treasury, after consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA and section 4 of the Burmese Freedom
and Democracy Act of 2003 as may be necessary to carry out the purposes
of this order. The Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United States Government
consistent with applicable law. All agencies of the United States
Government are hereby directed to take all appropriate measures within
their authority to carry out the provisions of this order.
Sec. 7. The Secretary of the Treasury, after consultation with the
Secretary of State, is hereby authorized to determine, and to take
necessary action to give effect to that determination, that
circumstances no longer warrant the blocking of the property and
interests in property of, or the prohibiting of transactions with, a
person listed in the Annex to this order.
Sec. 8. Nothing in this order is intended to affect the continued
effectiveness of any rules, regulations, orders, licenses, or other
forms of administrative action issued, taken, or continued in effect
heretofore or hereafter under 31 C.F.R. chapter V, except as expressly
terminated, modified, or suspended by or pursuant to this order.
Sec. 9. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other
person.
Sec. 10. This order is effective at 12:01 a.m. eastern daylight time on
May 1, 2008.
George W. Bush
The White House,
April 30, 2008.
[GRAPHIC] [TIFF OMITTED] TD02MY08.055
[[Page 192]]
Executive Order 13465 of June 6, 2008
Amending Executive Order 12989, as Amended
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including subsection 121(a) of
title 40 and section 301 of title 3, United States Code, and in order to
take further steps to promote economy and efficiency in Federal
Government procurement, it is hereby ordered as follows:
Section 1. Executive Order 12989 of February 13, 1996, as amended, is
further amended:
(a) by striking the title and inserting in lieu thereof ``Economy and
Efficiency in Government Procurement Through Compliance with Certain
Immigration and Nationality Act Provisions and Use of an Electronic
Employment Eligibility Verification System''; and
(b) by striking the material that follows the title and precedes section
1 of the order and inserting in lieu thereof the following:
``This order is designed to promote economy and efficiency in Federal
Government procurement. Stability and dependability are important
elements of economy and efficiency. A contractor whose workforce is less
stable will be less likely to produce goods and services economically
and efficiently than a contractor whose workforce is more stable. It is
the policy of the executive branch to enforce fully the immigration laws
of the United States, including the detection and removal of illegal
aliens and the imposition of legal sanctions against employers that hire
illegal aliens. Because of the worksite enforcement policy of the United
States and the underlying obligation of the executive branch to enforce
the immigration laws, contractors that employ illegal aliens cannot rely
on the continuing availability and service of those illegal workers, and
such contractors inevitably will have a less stable and less dependable
workforce than contractors that do not employ such persons. Where a
contractor assigns illegal aliens to work on Federal contracts, the
enforcement of Federal immigration laws imposes a direct risk of
disruption, delay, and increased expense in Federal contracting. Such
contractors are less dependable procurement sources, even if they do not
knowingly hire or knowingly continue to employ unauthorized workers.
``Contractors that adopt rigorous employment eligibility confirmation
policies are much less likely to face immigration enforcement actions,
because they are less likely to employ unauthorized workers, and they
are therefore generally more efficient and dependable procurement
sources than contractors that do not employ the best available measures
to verify the work eligibility of their workforce. It is the policy of
the executive branch to use an electronic employment verification system
because, among other reasons, it provides the best available means to
confirm the identity and work eligibility of all employees that join the
Federal workforce. Private employers that choose to contract with the
Federal Government should meet the same standard.
``I find, therefore, that adherence to the general policy of contracting
only with providers that do not knowingly employ unauthorized alien
workers
[[Page 193]]
and that have agreed to utilize an electronic employment verification
system designated by the Secretary of Homeland Security to confirm the
employment eligibility of their workforce will promote economy and
efficiency in Federal procurement.
``NOW, THEREFORE, to ensure the economical and efficient administration
and completion of Federal Government contracts, and by the authority
vested in me as President by the Constitution and the laws of the United
States of America, including subsection 121(a) of title 40 and section
301 of title 3, United States Code, it is hereby ordered as follows:''.
Sec. 2. Section 1 of Executive Order 12989, as amended, is further
amended by:
(a) striking the last sentence in subsection 1(a); and
(b) striking subsection (b) and inserting in lieu thereof the following
new subsections:
``(b) It is the policy of the executive branch in procuring goods and
services that, to ensure the economical and efficient administration and
completion of Federal Government contracts, contracting agencies may not
enter into contracts with employers that do not use the best available
means to confirm the work authorization of their workforce.
``(c) It is the policy of the executive branch to enforce fully the
antidiscrimination provisions of the INA. Nothing in this order relieves
employers of antidiscrimination obligations under section 274B of the INA
(8 U.S.C. 1324b) or any other law.
``(d) All discretion under this order shall be exercised consistent with
the policies set forth in this section.''.
Sec. 3. Section 5 of Executive Order 12989, as amended, is further
amended to read as follows:
``Sec. 5. (a) Executive departments and agencies that enter into contracts
shall require, as a condition of each contract, that the contractor agree
to use an electronic employment eligibility verification system designated
by the Secretary of Homeland Security to verify the employment eligibility
of: (i) all persons hired during the contract term by the contractor to
perform employment duties within the United States; and (ii) all persons
assigned by the contractor to perform work within the United States on the
Federal contract.
``(b) The Secretary of Homeland Security:
``(i) shall administer, maintain, and modify as necessary and
appropriate the electronic employment eligibility verification
system designated by the Secretary under subsection (a) of this
section; and
``(ii) may establish with respect to such electronic
employment verification system:
``(A) terms and conditions for use of the system; and
``(B) procedures for monitoring the use, failure to use, or
improper use of the system.
``(c) The Secretary of Defense, the Administrator of General Services, and
the Administrator of the National Aeronautics and Space Administration
shall amend the Federal Acquisition Regulation to the extent necessary
[[Page 194]]
and appropriate to implement the debarment responsibility, the employment
eligibility verification responsibility, and other related responsibilities
assigned to heads of departments and agencies under this order.
``(d) Except to the extent otherwise specified by law or this order, the
Secretary of Homeland Security and the Attorney General:
``(i) shall administer and enforce this order; and
``(ii) may, after consultation to the extent appropriate with
the Secretary of Defense, the Secretary of Labor, the
Administrator of General Services, the Administrator of the
National Aeronautics and Space Administration, the Administrator
for Federal Procurement Policy, and the heads of such other
departments or agencies as may be appropriate, issue such rules,
regulations, or orders, or establish such requirements, as may be
necessary and appropriate to implement this order.''.
Sec. 4. Section 7 of Executive Order 12989, as amended, is amended by
striking ``respective agencies'' and inserting in lieu thereof
``respective departments or agencies''.
Sec. 5. Section 8 of Executive Order 12989, as amended, is amended to
read as follows:
``Sec. 8. (a) This order shall be implemented in a manner intended to
minimize the burden on participants in the Federal procurement process.
``(b) This order shall be implemented in a manner consistent with the
protection of intelligence and law enforcement sources, methods, and
activities from unauthorized disclosure.''.
Sec. 6. Section 9 of Executive Order 12989, as amended, is amended to
read as follows:
``Sec. 9. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) authority granted by law to a department or agency or the
head thereof; or
(ii) functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative
proposals.
``(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
``(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by any
party against the United States, its departments, agencies or entities, its
officers, employees, or agents, or any other person.''.
Sec. 7. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by
any party against the United States, its departments, agencies or
entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
June 6, 2008.
[[Page 195]]
Executive Order 13466 of June 26, 2008
Continuing Certain Restrictions With Respect to North Korea and North
Korean Nationals
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301
of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, find that
the current existence and risk of the proliferation of weapons-usable
fissile material on the Korean Peninsula constitute an unusual and
extraordinary threat to the national security and foreign policy of the
United States, and I hereby declare a national emergency to deal with
that threat. I further find that, as we deal with that threat through
multilateral diplomacy, it is necessary to continue certain restrictions
with respect to North Korea that would otherwise be lifted pursuant to a
forthcoming proclamation that will terminate the exercise of authorities
under the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.) (TWEA)
with respect to North Korea.
Accordingly, I hereby order:
Section 1. Except to the extent provided in statutes or in regulations,
orders, directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any license or
permit granted prior to the date of this order, the following are
blocked and may not be transferred, paid, exported, withdrawn, or
otherwise dealt in:
all property and interests in property of North Korea or a North Korean
national that, pursuant to the President's authorities under the TWEA, the
exercise of which has been continued in accordance with section 101(b) of
Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), were blocked
as of June 16, 2000, and remained blocked immediately prior to the date of
this order.
Sec. 2. Except to the extent provided in statutes or in regulations,
orders, directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any license or
permit granted prior to the date of this order, United States persons
may not register a vessel in North Korea, obtain authorization for a
vessel to fly the North Korean flag, or own, lease, operate, or insure
any vessel flagged by North Korea.
Sec. 3. (a) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading or
avoiding, or attempts to violate any of the prohibitions set forth in
this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 4. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association, trust, joint
venture, corporation, group, subgroup, or other organization; and
[[Page 196]]
(c) the term ``United States person'' means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 5. The Secretary of the Treasury, after consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA as may be necessary to carry out the
purposes of this order. The Secretary of the Treasury may redelegate any
of these functions to other officers and agencies of the United States
Government consistent with applicable law. All agencies of the United
States Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order.
Sec. 6. The Secretary of the Treasury, after consultation with the
Secretary of State, is hereby authorized to submit the recurring and
final reports to the Congress on the national emergency declared in this
order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and
section 204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 7. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other
person.
George W. Bush
The White House,
June 26, 2008.
Executive Order 13467 of June 30, 2008
Reforming Processes Related to Suitability for Government Employment,
Fitness for Contractor Employees, and Eligibility for Access to
Classified National Security Information
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to ensure an
efficient, practical, reciprocal, and aligned system for investigating
and determining suitability for Government employment, contractor
employee fitness, and eligibility for access to classified information,
while taking appropriate account of title III of Public Law 108-458, it
is hereby ordered as follows:
PART 1--POLICY, APPLICABILITY, AND DEFINITIONS
Section 1.1. Policy. Executive branch policies and procedures relating
to suitability, contractor employee fitness, eligibility to hold a
sensitive position, access to federally controlled facilities and
information systems, and eligibility for access to classified
information shall be aligned using consistent standards to the extent
possible, provide for reciprocal recognition,
[[Page 197]]
and shall ensure cost-effective, timely,and efficient protection of the
national interest, while providing fair treatment to those upon whom the
Federal Government relies to conduct our Nation's business and protect
national security.
Sec. 1.2. Applicability. (a) This order applies to all covered
individuals as defined in section 1.3(g), except that:
(i) the provisions regarding eligibility for physical access to federally
controlled facilities and logical access to federally controlled
information systems do not apply to individuals exempted in accordance with
guidance pursuant to the Federal Information Security Management Act (title
III of Public Law 107-347) and Homeland Security Presidential Directive 12;
and
(ii) the qualification standards for enlistment, appointment, and induction
into the Armed Forces pursuant to title 10, United States Code, are
unaffected by this order.
(b) This order also applies to investigations and determinations of
eligibility for access to classified information for employees of
agencies working in or for the legislative or judicial branches when
those investigations or determinations are conducted by the executive
branch.
Sec. 1.3. Definitions. For the purpose of this order: (a)
``Adjudication'' means the evaluation of pertinent data in a background
investigation, as well as any other available information that is
relevant and reliable, to determine whether a covered individual is:
(i) suitable for Government employment;
(ii) eligible for logical and physical access;
(iii) eligible for access to classified information;
(iv) eligible to hold a sensitive position; or
(v) fit to perform work for or on behalf of the Government as a contractor
employee.
(b) ``Agency'' means any ``Executive agency'' as defined in section 105
of title 5, United States Code, including the ``military departments,''
as defined in section 102 of title 5, United States Code, and any other
entity within the executive branch that comes into possession of
classified information or has designated positions as sensitive, except
such an entity headed by an officer who is not a covered individual.
(c) ``Classified information'' means information that has been
determined pursuant to Executive Order 12958 of April 17, 1995, as
amended, or a successor or predecessor order, or the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.) to require protection against
unauthorized disclosure.
(d) ``Continuous evaluation'' means reviewing the background of an
individual who has been determined to be eligible for access to
classified information (including additional or new checks of commercial
databases, Government databases, and other information lawfully
available to security officials) at any time during the period of
eligibility to determine whether that individual continues to meet the
requirements for eligibility for access to classified information.
[[Page 198]]
(e) ``Contractor'' means an expert or consultant (not appointed under
section 3109 of title 5, United States Code) to an agency; an industrial
or commercial contractor, licensee, certificate holder, or grantee of
any agency, including all subcontractors; a personal services
contractor; or any other category of person who performs work for or on
behalf of an agency (but not a Federal employee).
(f) ``Contractor employee fitness'' means fitness based on character and
conduct for work for or on behalf of the Government as a contractor
employee.
(g) ``Covered individual'' means a person who performs work for or on
behalf of the executive branch, or who seeks to perform work for or on
behalf of the executive branch, but does not include:
(i) the President or (except to the extent otherwise directed by the
President) employees of the President under section 105 or 107 of title 3,
United States Code; or
(ii) the Vice President or (except to the extent otherwise directed by the
Vice President) employees of the Vice President under section 106 of title
3 or annual legislative branch appropriations acts.
(h) ``End-to-end automation'' means an executive branch-wide federated
system that uses automation to manage and monitor cases and maintain
relevant documentation of the application (but not an employment
application), investigation, adjudication, and continuous evaluation
processes.
(i) ``Federally controlled facilities'' and ``federally controlled
information systems'' have the meanings prescribed in guidance pursuant to
the Federal Information Security Management Act (title III of Public Law
107-347) and Homeland Security Presidential Directive 12.
(j) ``Logical and physical access'' means access other than occasional
or intermittent access to federally controlled facilities or information
systems.
(k) ``Sensitive position'' means any position so designated under
Executive Order 10450 of April 27, 1953, as amended.
(l) ``Suitability'' has the meaning and coverage provided in 5 CFR Part
731.
PART 2--ALIGNMENT, RECIPROCITY, AND GOVERNANCE
Sec. 2.1. Aligned System. (a) Investigations and adjudications of
covered individuals who require a determination of suitability,
eligibility for logical and physical access, eligibility to hold a
sensitive position, eligibility for access to classified information,
and, as appropriate, contractor employee fitness, shall be aligned using
consistent standards to the extent possible. Each successively higher
level of investigation and adjudication shall build upon, but not
duplicate, the ones below it.
(b) The aligned system shall employ updated and consistent standards and
methods, enable innovations with enterprise information technology
capabilities and end-to-end automation to the extent practicable, and
ensure that relevant information maintained by agencies can be accessed
and shared rapidly across the executive branch, while protecting
national security, protecting privacy-related information, ensuring
resulting decisions are in the national interest, and providing the
Federal Government with an effective workforce.
(c) Except as otherwise authorized by law, background investigations and
adjudications shall be mutually and reciprocally accepted by all
agencies.
[[Page 199]]
An agency may not establish additional investigative or adjudicative
requirements (other than requirements for the conduct of a polygraph
examination consistent with law, directive, or regulation) that exceed
the requirements for suitability, contractor employee fitness,
eligibility for logical or physical access, eligibility to hold a
sensitive position, or eligibility for access to classified information
without the approval of the Suitability Executive Agent or Security
Executive Agent, as appropriate, and provided that approval to establish
additional requirements shall be limited to circumstances where
additional requirements are necessary to address significant needs
unique to the agency involved or to protect national security.
Sec. 2.2. Establishment and Functions of Performance Accountability
Council. (a) There is hereby established a Suitability and Security
Clearance Performance Accountability Council (Council).
(b) The Deputy Director for Management, Office of Management and Budget,
shall serve as Chair of the Council and shall have authority, direction,
and control over the Council's functions. Membership on the Council
shall include the Suitability Executive Agent and the Security Executive
Agent. The Chair shall select a Vice Chair to act in the Chair's
absence. The Chair shall have authority to designate officials from
additional agencies who shall serve as members of the Council. Council
membership shall be limited to Federal Government employees and shall
include suitability and security professionals.
(c) The Council shall be accountable to the President to achieve,
consistent with this order, the goals of reform, and is responsible for
driving implementation of the reform effort, ensuring accountability by
agencies, ensuring the Suitability Executive Agent and the Security
Executive Agent align their respective processes, and sustaining reform
momentum.
(d) The Council shall:
(i) ensure alignment of suitability, security, and, as appropriate,
contractor employee fitness investigative and adjudicative processes;
(ii) hold agencies accountable for the implementation of suitability,
security, and, as appropriate, contractor employee fitness processes and
procedures;
(iii) establish requirements for enterprise information technology;
(iv) establish annual goals and progress metrics and prepare annual reports
on results;
(v) ensure and oversee the development of tools and techniques for
enhancing background investigations and the making of eligibility
determinations;
(vi) arbitrate disparities in procedures between the Suitability Executive
Agent and the Security Executive Agent;
(vii) ensure sharing of best practices; and
(viii) advise the Suitability Executive Agent and the Security Executive
Agent on policies affecting the alignment of investigations and
adjudications.
(e) The Chair may, to ensure the effective implementation of the policy
set forth in section 1.1 of this order and to the extent consistent with
law, assign, in whole or in part, to the head of any agency (solely or
jointly) any
[[Page 200]]
function within the Council's responsibility relating to alignment and
improvement of investigations and determinations of suitability,
contractor employee fitness, eligibility for logical and physical
access, eligibility for access to classified information, or eligibility
to hold a sensitive position.
Sec. 2.3. Establishment, Designation, and Functions of Executive Agents.
(a) There is hereby established a Suitability Executive Agent and a
Security Executive Agent.
(b) The Director of the Office of Personnel Management shall serve as
the Suitability Executive Agent. As the Suitability Executive Agent, the
Director of the Office of Personnel Management will continue to be
responsible for developing and implementing uniform and consistent
policies and procedures to ensure the effective, efficient, and timely
completion of investigations and adjudications relating to
determinations of suitability and eligibility for logical and physical
access.
(c) The Director of National Intelligence shall serve as the Security
Executive Agent. The Security Executive Agent:
(i) shall direct the oversight of investigations and determinations of
eligibility for access to classified information or eligibility to hold a
sensitive position made by any agency;
(ii) shall be responsible for developing uniform and consistent policies
and procedures to ensure the effective, efficient, and timely completion of
investigations and adjudications relating to determinations of eligibility
for access to classified information or eligibility to hold a sensitive
position;
(iii) may issue guidelines and instructions to the heads of agencies to
ensure appropriate uniformity, centralization, efficiency, effectiveness,
and timeliness in processes relating to determinations by agencies of
eligibility for access to classified information or eligibility to hold a
sensitive position;
(iv) shall serve as the final authority to designate an agency or agencies
to conduct investigations of persons who are proposed for access to
classified information to ascertain whether such persons satisfy the
criteria for obtaining and retaining access to classified information or
eligibility to hold a sensitive position;
(v) shall serve as the final authority to designate an agency or agencies
to determine eligibility for access to classified information in accordance
with Executive Order 12968 of August 2, 1995;
(vi) shall ensure reciprocal recognition of eligibility for access to
classified information among the agencies, including acting as the final
authority to arbitrate and resolve disputes among the agencies involving
the reciprocity of investigations and determinations of eligibility for
access to classified information or eligibility to hold a sensitive
position; and
(vii) may assign, in whole or in part, to the head of any agency (solely or
jointly) any of the functions detailed in (i) through (vi), above, with the
agency's exercise of such assigned functions to be subject to the Security
Executive Agent's oversight and with such terms and conditions (including
approval by the Security Executive Agent) as the Security Executive Agent
determines appropriate.
[[Page 201]]
(d) Nothing in this order shall be construed in a manner that would
limit the authorities of the Director of the Office of Personnel
Management or the Director of National Intelligence under law.
Sec. 2.4. Additional Functions. (a) The duties assigned to the Security
Policy Board by Executive Order 12968 of August 2, 1995, to consider,
coordinate, and recommend policy directives for executive branch
security policies, procedures, and practices are reassigned to the
Security Executive Agent.
(b) Heads of agencies shall:
(i) carry out any function assigned to the agency head by the Chair, and
shall assist the Chair, the Council, the Suitability Executive Agent, and
the Security Executive Agent in carrying out any function under sections
2.2 and 2.3 of this order;
(ii) implement any policy or procedure developed pursuant to this order;
(iii) to the extent permitted by law, make available to the Performance
Accountability Council, the Suitability Executive Agent, or the Security
Executive Agent such information as may be requested to implement this
order;
(iv) ensure that all actions taken under this order take account of the
counterintelligence interests of the United States, as appropriate; and
(v) ensure that actions taken under this order are consistent with the
President's constitutional authority to:
(A) conduct the foreign affairs of the United States;
(B) withhold information the disclosure of which could impair
the foreign relations, the national security, the deliberative
processes of the Executive, or the performance of the Executive's
constitutional duties;
(C) recommend for congressional consideration such measures as
the President may judge necessary or expedient; and
(D) supervise the unitary executive branch.
PART 3--MISCELLANEOUS
Sec. 3. General Provisions. (a) Executive Order 13381 of June 27, 2005,
as amended, is revoked. Nothing in this order shall:
(i) supersede, impede, or otherwise affect:
(A) Executive Order 10450 of April 27, 1953, as amended;
(B) Executive Order 10577 of November 23, 1954, as amended;
(C) Executive Order 12333 of December 4, 1981, as amended;
(D) Executive Order 12829 of January 6, 1993, as amended; or
(E) Executive Order 12958 of April 17, 1995, as amended; nor
(ii) diminish or otherwise affect the denial and revocation procedures
provided to individuals covered by Executive Order 10865 of February 20,
1960, as amended.
(b) Executive Order 12968 of August 2, 1995 is amended:
(i) by inserting: ``Sec. 3.5. Continuous Evaluation. An individual who has
been determined to be eligible for or who currently has access to
classified information shall be subject to continuous evaluation under
standards (including, but not limited to, the frequency of such evaluation)
as determined by the Director of National Intelligence.''; and
[[Page 202]]
(ii) by striking ``the Security Policy Board shall make recommendations to
the President through the Assistant to the President for National Security
Affairs'' in section 6.3(a) and inserting in lieu thereof ``the Director of
National Intelligence shall serve as the final authority'';
(iii) by striking ``Security Policy Board'' and inserting in lieu thereof
``Security Executive Agent'' in each instance;
(iv) by striking ``the Board'' in section 1.1(j) and inserting in lieu
thereof ``the Security Executive Agent''; and
(v) by inserting ``or appropriate automated procedures'' in section 3.1(b)
after ``by appropriately trained adjudicative personnel''.
(c) Nothing in this order shall supersede, impede, or otherwise affect
the remainder of Executive Order 12968 of August 2, 1995, as amended.
(d) Executive Order 12171 of November 19, 1979, as amended, is further
amended by striking ``The Center for Federal Investigative Services'' in
section 1-216 and inserting in lieu thereof ``The Federal Investigative
Services Division.''
(e) Nothing in this order shall be construed to impair or otherwise
affect the:
(i) authority granted by law to a department or agency, or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(f) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(g) Existing delegations of authority made pursuant to Executive Order
13381 of June 27, 2005, as amended, to any agency relating to granting
eligibility for access to classified information and conducting
investigations shall 13 remain in effect, subject to the exercise of
authorities pursuant to this order to revise or revoke such delegation.
(h) If any provision of this order or the application of such provision
is held to be invalid, the remainder of this order shall not be
affected.
(i) This order is intended only to improve the internal management of
the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity, by any party against the United States, its agencies,
instrumentalities, or entities, its officers or employees, or any other
person.
George W. Bush
The White House,
June 30, 2008.
[[Page 203]]
Executive Order 13468 of July 24, 2008
2008 Amendments to the Manual for Courts-Martial, United States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including chapter 47 of title 10,
United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-
946), and in order to prescribe amendments to the Manual for Courts-
Martial, United States, prescribed by Executive Order 12473 of April 13,
1984, as amended, it is hereby ordered as follows:
Section 1. Parts II and IV of the Manual for Courts- Martial, United
States, are amended as described in the Annex attached and made a part
of this order.
Sec. 2. These amendments shall take effect 30 days from the date of this
order.
(a) Nothing in these amendments shall be construed to make punishable
any act done or omitted prior to the effective date of this order that
was not punishable when done or omitted.
(b) Nothing in these amendments shall be construed to invalidate any
nonjudicial punishment proceedings, restraint, investigation, referral
of charges, trial in which arraignment occurred, or other action begun
prior to the effective date of this order, and any such nonjudicial
punishment, restraint, investigation, referral of charges, trial, or
other action may proceed in the same manner and with the same effect as
if these amendments had not been prescribed.
George W. Bush
The White House,
July 24, 2008.
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Executive Order 13469 of July 25, 2008
Blocking Property of Additional Persons Undermining Democratic Processes
or Institutions in Zimbabwe
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of
title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, find that
the continued actions and policies of the Government of Zimbabwe and
other persons to undermine Zimbabwe's democratic processes or
institutions, manifested most recently in the fundamentally undemocratic
election held on June 27, 2008, to commit acts of violence and other
human rights abuses against political opponents, and to engage in public
corruption, including by misusing public authority, constitute an
unusual and extraor- dinary threat to the foreign policy of the United
States, and to deal with that threat, hereby expand the scope of the
national emergency declared in Executive Order 13288 of March 6, 2003,
and relied upon for additional steps taken in Executive Order 13391 of
November 22, 2005, and hereby order:
Section 1. (a) Except to the extent provided by statutes, or provided in
regulations, orders, directives, or licenses that may be issued pursuant
to this order, and notwithstanding any contract entered into or any
license or permit granted prior to the date of this order, all property
and interests in property that are in the United States, that hereafter
come within the United States, or that are or hereafter come within the
possession or control of United States persons, including their overseas
branches, of the following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
Any person determined by the Secretary of the Treasury, after
consultation with the Secretary of State:
(i) to be a senior official of the Government of Zimbabwe;
(ii) to be owned or controlled by, directly or indirectly, the Government
of Zimbabwe or an official or officials of the Government of Zimbabwe;
(iii) to have engaged in actions or policies to undermine Zimbabwe's
democratic processes or institutions;
(iv) to be responsible for, or to have participated in, human rights abuses
related to political repression in Zimbabwe;
(v) to be engaged in, or to have engaged in, activities facilitating public
corruption by senior officials of the Government of Zimbabwe;
(vi) to be a spouse or dependent child of any person whose property and
interests in property are blocked pursuant to Executive Order 13288,
Executive Order 13391, or this order;
(vii) to have materially assisted, sponsored, or provided financial,
material, logistical, or technical support for, or goods or services in
support
[[Page 217]]
of, the Government of Zimbabwe, any senior official thereof, or any person
whose property and interests in property are blocked pursuant to Executive
Order 13288, Executive Order 13391, or this order; or (viii) to be owned or
controlled by, or to have acted or purported to act for or on behalf of,
directly or indirectly, any person whose property and interests in property
are blocked pursuant to Executive Order 13288, Executive Order 13391, or
this order.
(b) I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2))
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to paragraph (a) of this section would
seriously impair my ability to deal with the national emergency declared
in Executive Order 13288, as amended, and I hereby prohibit such
donations as provided by paragraph (a) of this section.
(c) The prohibitions of this section include but are not limited to (i)
the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to Executive Order 13288, Executive Order
13391, or this order, and (ii) the receipt of any contribution or
provision of funds, goods, or services from any such person.
(d) The provisions of Executive Orders 13288 and 13391 remain in effect,
and this order does not affect any action taken pursuant to those
orders.
Sec. 2. (a) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading or
avoiding, or attempts to violate any of the prohibitions set forth in
this order is prohibited.
(b)Any conspiracy formed to violate any of the prohibitions set forth in
this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association, trust, joint
venture, corporation, group, subgroup, or other organization;
(c) the term ``United States person'' means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States; and
(d) the term ``Government of Zimbabwe'' means the Government of
Zimbabwe, its agencies, instrumentalities, and controlled entities.
Sec. 4. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that, because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render these measures
ineffectual. I therefore determine that, for these measures to be
effective in addressing the national emergency declared in Executive
Order 13288, there need be no prior notice of a listing or determination
made pursuant to section 1 of this order.
[[Page 218]]
Sec. 5. The Secretary of the Treasury, after consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA as may be necessary to carry out the
purposes of this order. The Secretary of the Treasury may redelegate any
of these functions to other officers and agencies of the United States
Government consistent with applicable law. All agencies of the United
States Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order.
Sec. 6. The Secretary of the Treasury, after consultation with the
Secretary of State, is hereby authorized to submit the recurring and
final reports to the Congress on the national emergency declared in
Executive Order 13288, as amended, and 5 expanded in this order,
consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and
section 204(c) of IEEPA (50 U.S.C. 1703).
Sec. 7. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other
person.
George W. Bush
The White House,
July 25, 2008.
Executive Order 13470 of July 30, 2008
Further Amendments to Executive Order 12333, United States Intelligence
Activities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458), and in order
to update and clarify Executive Order 13355 of August 27, 2004,
Executive Order 12333 of December 4, 1981, as amended, is hereby further
amended as follows:
Section 1. The Preamble to Executive Order 12333, as amended, is further
amended by:
(a) Striking ``and'' and inserting in lieu thereof a comma before the
word ``accurate'', and inserting ``, and insightful'' after the word
``accurate'' in the first sentence;
(b) Striking ``statutes'' and inserting in lieu thereof ``the laws''
before ``of the United States of America'' in the third sentence; and
(c) Striking ``the'' before ``United States intelligence activities'' in
the third sentence.
Sec. 2. Executive Order 12333, as amended, is further amended by
striking Part 1 in its entirety and inserting in lieu thereof the
following new part:
PART 1 Goals, Directions, Duties, and Responsibilities with Respect to
United States Intelligence Efforts
[[Page 219]]
1.1 Goals. The United States intelligence effort shall provide the
President, the National Security Council, and the Homeland Security
Council with the necessary information on which to base decisions
concerning the development and conduct of foreign, defense, and economic
policies, and the protection of United States national interests from
foreign security threats. All departments and agencies shall cooperate
fully to fulfill this goal.
(a) All means, consistent with applicable Federal law and this order,
and with full consideration of the rights of United States persons,
shall be used to obtain reliable intelligence information to protect the
United States and its interests.
(b) The United States Government has a solemn obligation, and shall
continue in the conduct of intelligence activities under this order, to
protect fully the legal rights of all United States persons, including
freedoms, civil liberties, and privacy rights guaranteed by Federal law.
(c) Intelligence collection under this order should be guided by the
need for information to respond to intelligence priorities set by the
President.
(d) Special emphasis should be given to detecting and countering:
(1) Espionage and other threats and activities directed by foreign powers
or their intelligence services against the United States and its interests;
(2) Threats to the United States and its interests from terrorism; and
(3) Threats to the United States and its interests from the development,
possession, proliferation, or use of weapons of mass destruction.
(e) Special emphasis shall be given to the production of timely,
accurate, and insightful reports, responsive to decisionmakers in the
executive branch, that draw on all appropriate sources of information,
including open source information, meet rigorous analytic standards,
consider diverse analytic viewpoints, and accurately represent
appropriate alternative views.
(f) State, local, and tribal governments are critical partners in
securing and defending the United States from terrorism and other
threats to the United States and its interests. Our national
intelligence effort should take into account the responsibilities and
requirements of State, local, and tribal governments and, as
appropriate, private sector entities, when undertaking the collection
and dissemination of information and intelligence to protect the United
States.
(g) All departments and agencies have a responsibility to prepare and to
provide intelligence in a manner that allows the full and free exchange
of information, consistent with applicable law and presidential
guidance.
1.2 The National Security Council.
(a) Purpose. The National Security Council (NSC) shall act as the
highest ranking executive branch entity that provides support to the
President for review of, guidance for, and direction to the conduct of
all foreign intelligence, counterintelligence, and covert action, and
attendant policies and programs.
(b) Covert Action and Other Sensitive Intelligence Operations. The NSC
shall consider and submit to the President a policy recommendation,
including all dissents, on each proposed covert action and conduct a
periodic review of ongoing covert action activities, including an
evaluation of the
[[Page 220]]
effectiveness and consistency with current national policy of such
activities and consistency with applicable legal requirements. The NSC
shall perform such other functions related to covert action as the
President may direct, but shall not undertake the conduct of covert
actions. The NSC shall also review proposals for other sensitive
intelligence operations.
1.3 Director of National Intelligence. Subject to the authority,
direction, and control of the President, the Director of National
Intelligence (Director) shall serve as the head of the Intelligence
Community, act as the principal adviser to the President, to the NSC,
and to the Homeland Security Council for intelligence matters related to
national security, and shall oversee and direct the implementation of
the National Intelligence Program and execution of the National
Intelligence Program budget. The Director will lead a unified,
coordinated, and effective intelligence effort. In addition, the
Director shall, in carrying out the duties and responsibilities under
this section, take into account the views of the heads of departments
containing an element of the Intelligence Community and of the Director
of the Central Intelligence Agency.
(a) Except as otherwise directed by the President or prohibited by law,
the Director shall have access to all information and intelligence
described in section 1.5(a) of this order. For the purpose of access to
and sharing of information and intelligence, the Director:
(1) Is hereby assigned the function under section 3(5) of the Act, to
determine that intelligence, regardless of the source from which derived
and including information gathered within or outside the United States,
pertains to more than one United States Government agency; and
(2) Shall develop guidelines for how information or intelligence is
provided to or accessed by the Intelligence Community in accordance with
section 1.5(a) of this order, and for how the information or intelligence
may be used and shared by the Intelligence Community. All guidelines
developed in accordance with this section shall be approved by the Attorney
General and, where applicable, shall be consistent with guidelines issued
pursuant to section 1016 of the Intelligence Reform and Terrorism
Protection Act of 2004 (Public Law 108-458) (IRTPA).
(b) In addition to fulfilling the obligations and responsibilities
prescribed by the Act, the Director:
(1) Shall establish objectives, priorities, and guidance for the
Intelligence Community to ensure timely and effective collection,
processing, analysis, and dissemination of intelligence, of whatever nature
and from whatever source derived;
(2) May designate, in consultation with affected heads of departments or
Intelligence Community elements, one or more Intelligence Community
elements to develop and to maintain services of common concern on behalf of
the Intelligence Community if the Director determines such services can be
more efficiently or effectively accomplished in a consolidated manner;
(3) Shall oversee and provide advice to the President and the NSC with
respect to all ongoing and proposed covert action programs;
(4) In regard to the establishment and conduct of intelligence arrangements
and agreements with foreign governments and international organizations:
[[Page 221]]
(A) May enter into intelligence and counterintelligence
arrangements and agreements with foreign governments and
international organizations;
(B) Shall formulate policies concerning intelligence and
counterintelligence arrangements and agreements with foreign
governments and international organizations; and
(C) Shall align and synchronize intelligence and
counterintelligence foreign relationships among the elements of
the Intelligence Community to further United States national
security, policy, and intelligence objectives;
(5) Shall participate in the development of procedures approved by the
Attorney General governing criminal drug intelligence activities abroad to
ensure that these activities are consistent with foreign intelligence
programs;
(6) Shall establish common security and access standards for managing and
handling intelligence systems, information, and products, with special
emphasis on facilitating:
(A) The fullest and most prompt access to and dissemination of
information and intelligence practicable, assigning the highest
priority to detecting, preventing, preempting, and disrupting
terrorist threats and activities against the United States, its
interests, and allies; and
(B) The establishment of standards for an interoperable
information sharing enterprise that facilitates the sharing of
intelligence information among elements of the Intelligence
Community;
(7) Shall ensure that appropriate departments and agencies have access to
intelligence and receive the support needed to perform independent
analysis;
(8) Shall protect, and ensure that programs are developed to protect,
intelligence sources, methods, and activities from unauthorized disclosure;
(9) Shall, after consultation with the heads of affected departments and
agencies, establish guidelines for Intelligence Community elements for:
(A) Classification and declassification of all intelligence
and intelligence-related information classified under the
authority of the Director or the authority of the head of a
department or Intelligence Community element; and
(B) Access to and dissemination of all intelligence and
intelligence-related information, both in its final form and in
the form when initially gathered, to include intelligence
originally classified by the head of a department or Intelligence
Community element, except that access to and dissemination of
information concerning United States persons shall be governed by
procedures developed in accordance with Part 2 of this order;
(10) May, only with respect to Intelligence Community elements, and after
consultation with thehead of the originating Intelligence Community element
or the head of the originating department, declassify, or direct the
declassification of, information or intelligence relating to intelligence
sources, methods, and activities. The Director may only delegate this
authority to the Principal Deputy Director of National Intelligence;
[[Page 222]]
(11) May establish, operate, and direct one or more national intelligence
centers to address intelligence priorities;
(12) May establish Functional Managers and Mission Managers, and designate
officers or employees of the United States to serve in these positions.
(A) Functional Managers shall report to the Director
concerning the execution of their duties as Functional Managers,
and may be charged with developing and implementing strategic
guidance, policies, and procedures for activities related to a
specific intelligence discipline or set of intelligence
activities; set training and tradecraft standards; and ensure
coordination within and across intelligence disciplines and
Intelligence Community elements and with related non-intelligence
activities. Functional Managers may also advise the Director on:
the management of resources; policies and procedures; collection
capabilities and gaps; processing and dissemination of
intelligence; technical architectures; and other issues or
activities determined by the Director.
(i) The Director of the National Security Agency is designated the
Functional Manager for signals intelligence;
(ii) The Director of the Central Intelligence Agency is designated
the Functional Manager for human intelligence; and
(iii) The Director of the National Geospatial-Intelligence Agency
is designated the Functional Manager for geospatial intelligence.
(B) Mission Managers shall serve as principal substantive
advisors on all or specified aspects of intelligence related to
designated countries, regions, topics, or functional issues;
(13) Shall establish uniform criteria for the determination of relative
priorities for the transmission of critical foreign intelligence, and
advise the Secretary of Defense concerning the communications requirements
of the Intelligence Community for the transmission of such communications;
(14) Shall have ultimate responsibility for production and dissemination of
intelligence produced by the Intelligence Community and authority to levy
analytic tasks on intelligence production organizations within the
Intelligence Community, in consultation with the heads of the Intelligence
Community elements concerned;
(15) May establish advisory groups for the purpose of obtaining advice from
within the Intelligence Community to carry out the Director's
responsibilities, to include Intelligence Community executive management
committees composed of senior Intelligence Community leaders. Advisory
groups shall consist of representatives from elements of the Intelligence
Community, as designated by the Director, or other executive branch
departments, agencies, and offices, as appropriate;
(16) Shall ensure the timely exploitation and dissemination of data
gathered by national intelligence collection means, and ensure that the
resulting intelligence is disseminated immediately to appropriate
government elements, including military commands;
(17) Shall determine requirements and priorities for, and manage and direct
the tasking, collection, analysis, production, and dissemination of,
national intelligence by elements of the Intelligence Community, including
approving requirements for collection and analysis and resolving
[[Page 223]]
conflicts in collection requirements and in the tasking of national
collection assets of Intelligence Community elements (except when otherwise
directed by the President or when the Secretary of Defense exercises
collection tasking authority under plans and arrangements approved by the
Secretary of Defense and the Director);
(18) May provide advisory tasking concerning collection and analysis of
information or intelligence relevant to national intelligence or national
security to departments, agencies, and establishments of the United States
Government that are not elements of the Intelligence Community; and shall
establish procedures, in consultation with affected heads of departments or
agencies and subject to approval by the Attorney General, to implement this
authority and to monitor or evaluate the responsiveness of United States
Government departments, agencies, and other establishments;
(19) Shall fulfill the responsibilities in section 1.3(b)(17) and (18) of
this order, consistent with applicable law and with full consideration of
the rights of United States persons, whether information is to be collected
inside or outside the United States;
(20) Shall ensure, through appropriate policies and procedures, the
deconfliction, coordination, and integration of all intelligence activities
conducted by an Intelligence Community element or funded by the National
Intelligence Program. In accordance with these policies and procedures:
(A) The Director of the Federal Bureau of Investigation shall
coordinate the clandestine collection of foreign intelligence
collected through human sources or through human-enabled means and
counterintelligence activities inside the United States;
(B) The Director of the Central Intelligence Agency shall
coordinate the clandestine collection of foreign intelligence
collected through human sources or through human-enabled means and
counterintelligence activities outside the United States;
(C) All policies and procedures for the coordination of
counterintelligence activities and the clandestine collection of
foreign intelligence inside the United States shall be subject to
the approval of the Attorney General; and
(D) All policies and procedures developed under this section
shall be coordinated with the heads of affected departments and
Intelligence Community elements;
(21) Shall, with the concurrence of the heads of affected departments and
agencies, establish joint procedures to deconflict, coordinate, and
synchronize intelligence activities conducted by an Intelligence Community
element or funded by the National Intelligence Program, with intelligence
activities, activities that involve foreign intelligence and security
services, or activities that involve the use of clandestine methods,
conducted by other United States Government departments, agencies, and
establishments;
(22) Shall, in coordination with the heads of departments containing
elements of the Intelligence Community, develop procedures to govern major
system acquisitions funded in whole or in majority part by the National
Intelligence Program;
[[Page 224]]
(23) Shall seek advice from the Secretary of State to ensure that the
foreign policy implications of proposed intelligence activities are
considered, and shall ensure, through appropriate policies and procedures,
that intelligence activities are conducted in a manner consistent with the
responsibilities pursuant to law and presidential direction of Chiefs of
United States Missions; and
(24) Shall facilitate the use of Intelligence Community products by the
Congress in a secure manner.
(c) The Director's exercise of authorities in the Act and this order
shall not abrogate the statutory or other responsibilities of the heads
of departments of the United States Government or the Director of the
Central Intelligence Agency. Directives issued and actions taken by the
Director in the exercise of the Director's authorities and
responsibilities to integrate, coordinate, and make the Intelligence
Community more effective in providing intelligence related to national
security shall be implemented by the elements of the Intelligence
Community, provided that any department head whose department contains
an element of the Intelligence Community and who believes that a
directive or action of the Director violates the requirements of section
1018 of the IRTPA or this subsection shall bring the issue to the
attention of the Director, the NSC, or the President for resolution in a
manner that respects and does not abrogate the statutory
responsibilities of the heads of the departments.
(d) Appointments to certain positions.
(1) The relevant department or bureau head shall provide recommendations
and obtain the concurrence of the Director for the selection of: the
Director of the National Security Agency, the Director of the National
Reconnaissance Office, the Director of the National Geospatial-Intelligence
Agency, the Under Secretary of Homeland Security for Intelligence and
Analysis, the Assistant Secretary of State for Intelligence and Research,
the Director of the Office of Intelligence and Counterintelligence of the
Department of Energy, the Assistant Secretary for Intelligence and Analysis
of the Department of the Treasury, and the Executive Assistant Director for
the National Security Branch of the Federal Bureau of Investigation. If the
Director does not concur in the recommendation, the department head may not
fill the vacancy or make the recommendation to the President, as the case
may be. If the department head and the Director do not reach an agreement
on the selection or recommendation, the Director and the department head
concerned may advise the President directly of the Director's intention to
withhold concurrence.
(2) The relevant department head shall consult with the Director before
appointing an individual to fill a vacancy or recommending to the President
an individual be nominated to fill a vacancy in any of the following
positions: the Under Secretary of Defense for Intelligence; the Director of
the Defense Intelligence Agency; uniformed heads of the intelligence
elements of the Army, the Navy, the Air Force, and the Marine Corps above
the rank of Major General or Rear Admiral; the Assistant Commandant of the
Coast Guard for Intelligence; and the Assistant Attorney General for
National Security.
(e) Removal from certain positions.
(1) Except for the Director of the Central Intelligence Agency, whose
removal the Director may recommend to the President, the Director and
[[Page 225]]
the relevant department head shall consult on the removal, or
recommendation to the President for removal, as the case may be, of: the
Director of the National Security Agency, the Director of the National
Geospatial-Intelligence Agency, the Director of the Defense Intelligence
Agency, the Under Secretary of Homeland Security for Intelligence and
Analysis, the Assistant Secretary of State for Intelligence and Research,
and the Assistant Secretary for Intelligence and Analysis of the Department
of the Treasury. If the Director and the department head do not agree on
removal, or recommendation for removal, either may make a recommendation to
the President for the removal of the individual.
(2) The Director and the relevant department or bureau head shall consult
on the removal of: the Executive Assistant Director for the National
Security Branch of the Federal Bureau of Investigation, the Director of the
Office of Intelligence and Counterintelligence of the Department of Energy,
the Director of the National Reconnaissance Office, the Assistant
Commandant of the Coast Guard for Intelligence, and the Under Secretary of
Defense for Intelligence. With respect to an individual appointed by a
department head, the department head may remove the individual upon the
request of the Director; if the department head chooses not to remove the
individual, either the Director or the department head may advise the
President of the department head's intention to retain the individual. In
the case of the Under Secretary of Defense for Intelligence, the Secretary
of Defense may recommend to the President either the removal or the
retention of the individual. For uniformed heads of the intelligence
elements of the Army, the Navy, the Air Force, and the Marine Corps, the
Director may make a recommendation for removal to the Secretary of Defense.
(3) Nothing in this subsection shall be construed to limit or otherwise
affect the authority of the President to nominate, appoint, assign, or
terminate the appointment or assignment of any individual, with or without
a consultation, recommendation, or concurrence.
1.4 The Intelligence Community. Consistent with applicable Federal law
and with the other provisions of this order, and under the leadership of
the Director, as specified in such law and this order, the Intelligence
Community shall:
(a) Collect and provide information needed by the President and, in the
performance of executive functions, the Vice President, the NSC, the
Homeland Security Council, the Chairman of the Joint Chiefs of Staff,
senior military commanders, and other executive branch officials and, as
appropriate, the Congress of the United States;
(b) In accordance with priorities set by the President, collect
information concerning, and conduct activities to protect against,
international terrorism, proliferation of weapons of mass destruction,
intelligence activities directed against the United States,
international criminal drug activities, and other hostile activities
directed against the United States by foreign powers, organizations,
persons, and their agents;
(c) Analyze, produce, and disseminate intelligence;
(d) Conduct administrative, technical, and other support activities
within the United States and abroad necessary for the performance of
authorized
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activities, to include providing services of common concern for the
Intelligence Community as designated by the Director in accordance with
this order;
(e) Conduct research, development, and procurement of technical systems
and devices relating to authorized functions and missions or the
provision of services of common concern for the Intelligence Community;
(f) Protect the security of intelligence related activities,
information, installations, property, and employees by appropriate
means, including such investigations of applicants, employees,
contractors, and other persons with similar associations with the
Intelligence Community elements as are necessary;
(g) Take into account State, local, and tribal governments' and, as
appropriate, private sector entities' information needs relating to
national and homeland security;
(h) Deconflict, coordinate, and integrate all intelligence activities
and other information gathering in accordance with section 1.3(b)(20) of
this order; and
(i) Perform such other functions and duties related to intelligence
activities as the President may direct.
1.5 Duties and Responsibilities of the Heads of Executive Branch
Departments and Agencies. The heads of all departments and agencies
shall:
(a) Provide the Director access to all information and intelligence
relevant to the national security or that otherwise is required for the
performance of the Director's duties, to include administrative and
other appropriate management information, except such information
excluded by law, by the President, or by the Attorney General acting
under this order at the direction of the President;
(b) Provide all programmatic and budgetary information necessary to
support the Director in developing the National Intelligence Program;
(c) Coordinate development and implementation of intelligence systems
and architectures and, as appropriate, operational systems and
architectures of their departments, agencies, and other elements with
the Director to respond to national intelligence requirements and all
applicable information sharing and security guidelines, information
privacy, and other legal requirements;
(d) Provide, to the maximum extent permitted by law, subject to the
availability of appropriations and not inconsistent with the mission of
the department or agency, such further support to the Director as the
Director may request, after consultation with the head of the department
or agency, for the performance of the Director's functions;
(e) Respond to advisory tasking from the Director under section
1.3(b)(18) of this order to the greatest extent possible, in accordance
with applicable policies established by the head of the responding
department or agency;
(f) Ensure that all elements within the department or agency comply with
the provisions of Part 2 of this order, regardless of Intelligence
Community affiliation, when performing foreign intelligence and
counterintelligence functions;
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(g) Deconflict, coordinate, and integrate all intelligence activities in
accordance with section 1.3(b)(20), and intelligence and other
activities in accordance with section 1.3(b)(21) of this order;
(h) Inform the Attorney General, either directly or through the Federal
Bureau of Investigation, and the Director of clandestine collection of
foreign intelligence and counterintelligence activities inside the
United States not coordinated with the Federal Bureau of Investigation;
(i) Pursuant to arrangements developed by the head of the department or
agency and the Director of the Central Intelligence Agency and approved
by the Director, inform the Director and the Director of the Central
Intelligence Agency, either directly or through his designee serving
outside the United States, as appropriate, of clandestine collection of
foreign intelligence collected through human sources or through human-
enabled means outside the United States that has not been coordinated
with the Central Intelligence Agency; and
(j) Inform the Secretary of Defense, either directly or through his
designee, as appropriate, of clandestine collection of foreign
intelligence outside the United States in a region of combat or
contingency military operations designated by the Secretary of Defense,
for purposes of this paragraph, after consultation with the Director of
National Intelligence.
1.6 Heads of Elements of the Intelligence Community. The heads of
elements of the Intelligence Community shall:
(a) Provide the Director access to all information and intelligence
relevant to the national security or that otherwise is required for the
performance of the Director's duties, to include administrative and
other appropriate management information, except such information
excluded by law, by the President, or by the Attorney General acting
under this order at the direction of the President;
(b) Report to the Attorney General possible violations of Federal
criminal laws by employees and of specified Federal criminal laws by any
other person as provided in procedures agreed upon by the Attorney
General and the head of the department, agency, or establishment
concerned, in a manner consistent with the protection of intelligence
sources and methods, as specified in those procedures;
(c) Report to the Intelligence Oversight Board, consistent with
Executive Order 13462 of February 29, 2008, and provide copies of all
such reports to the Director, concerning any intelligence activities of
their elements that they have reason to believe may be unlawful or
contrary to executive order or presidential directive;
(d) Protect intelligence and intelligence sources, methods, and
activities from unauthorized disclosure in accordance with guidance from
the Director;
(e) Facilitate, as appropriate, the sharing of information or
intelligence, as directed by law or the President, to State, local,
tribal, and private sector entities;
(f) Disseminate information or intelligence to foreign governments and
international organizations under intelligence or counterintelligence
arrangements or agreements established in accordance with section
1.3(b)(4) of this order;
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(g) Participate in the development of procedures approved by the
Attorney General governing production and dissemination of information
or intelligence resulting from criminal drug intelligence activities
abroad if they have intelligence responsibilities for foreign or
domestic criminal drug production and trafficking; and
(h) Ensure that the inspectors general, general counsels, and agency
officials responsible for privacy or civil liberties protection for
their respective organizations have access to any information or
intelligence necessary to perform their official duties.
1.7 Intelligence Community Elements. Each element of the Intelligence
Community shall have the duties and responsibilities specified below, in
addition to those specified by law or elsewhere in this order.
Intelligence Community elements within executive departments shall serve
the information and intelligence needs of their respective heads of
departments and also shall operate as part of an integrated Intelligence
Community, as provided in law or this order.
(a) THE CENTRAL INTELLIGENCE AGENCY. The Director of the Central
Intelligence Agency shall:
(1) Collect (including through clandestine means), analyze, produce, and
disseminate foreign intelligence and counterintelligence;
(2) Conduct counterintelligence activities without assuming or performing
any internal security functions within the United States;
(3) Conduct administrative and technical support activities within and
outside the United States as necessary for cover and proprietary
arrangements;
(4) Conduct covert action activities approved by the President. No agency
except the Central Intelligence Agency (or the Armed Forces of the United
States in time of war declared by the Congress or during any period covered
by a report from the President to the Congress consistent with the War
Powers Resolution, Public Law 93-148) may conduct any covert action
activity unless the President determines that another agency is more likely
to achieve a particular objective;
(5) Conduct foreign intelligence liaison relationships with intelligence or
security services of foreign governments or international organizations
consistent with section 1.3(b)(4) of this order;
(6) Under the direction and guidance of the Director, and in accordance
with section 1.3(b)(4) of this order, coordinate the implementation of
intelligence and counterintelligence relationships between elements of the
Intelligence Community and the intelligence or security services of foreign
governments or international organizations; and
(7) Perform such other functions and duties related to intelligence as the
Director may direct.
(b) THE DEFENSE INTELLIGENCE AGENCY. The Director of the Defense
Intelligence Agency shall:
(1) Collect (including through clandestine means), analyze, produce, and
disseminate foreign intelligence and counterintelligence to support
national and departmental missions;
[[Page 229]]
(2) Collect, analyze, produce, or, through tasking and coordination,
provide defense and defense-related intelligence for the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff, combatant commanders,
other Defense components, and non-Defense agencies;
(3) Conduct counterintelligence activities;
(4) Conduct administrative and technical support activities within and
outside the United States as necessary for cover and proprietary
arrangements;
(5) Conduct foreign defense intelligence liaison relationships and defense
intelligence exchange programs with foreign defense establishments,
intelligence or security services of foreign governments, and international
organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i)
of this order;
(6) Manage and coordinate all matters related to the Defense Attach[eacute]
system; and
(7) Provide foreign intelligence and counterintelligence staff support as
directed by the Secretary of Defense.
(c) THE NATIONAL SECURITY AGENCY. The Director of the National Security
Agency shall:
(1) Collect (including through clandestine means), process, analyze,
produce, and disseminate signals intelligence information and data for
foreign intelligence and counterintelligence purposes to support national
and departmental missions;
(2) Establish and operate an effective unified organization for signals
intelligence activities, except for the delegation of operational control
over certain operations that are conducted through other elements of the
Intelligence Community. No other department or agency may engage in signals
intelligence activities except pursuant to a delegation by the Secretary of
Defense, after coordination with the Director;
(3) Control signals intelligence collection and processing activities,
including assignment of resources to an appropriate agent for such periods
and tasks as required for the direct support of military commanders;
(4) Conduct administrative and technical support activities within and
outside the United States as necessary for cover arrangements;
(5) Provide signals intelligence support for national and departmental
requirements and for the conduct of military operations;
(6) Act as the National Manager for National Security Systems as
established in law and policy, and in this capacity be responsible to the
Secretary of Defense and to the Director;
(7) Prescribe, consistent with section 102A(g) of the Act, within its field
of authorized operations, security regulations covering operating
practices, including the transmission, handling, and distribution of
signals intelligence and communications security material within and among
the elements under control of the Director of the National Security Agency,
and exercise the necessary supervisory control to ensure compliance with
the regulations; and
[[Page 230]]
(8) Conduct foreign cryptologic liaison relationships in accordance with
sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.
(d) THE NATIONAL RECONNAISSANCE OFFICE. The Director of the National
Reconnaissance Office shall:
(1) Be responsible for research and development, acquisition, launch,
deployment, and operation of overhead systems and related data processing
facilities to collect intelligence and information to support national and
departmental missions and other United States Government needs; and
(2) Conduct foreign liaison relationships relating to the above missions,
in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this
order.
(e) THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY. The Director of the
National Geospatial-Intelligence Agency shall:
(1) Collect, process, analyze, produce, and disseminate geospatial
intelligence information and data for foreign intelligence and
counterintelligence purposes to support national and departmental missions;
(2) Provide geospatial intelligence support for national and departmental
requirements and for the conduct of military operations;
(3) Conduct administrative and technical support activities within and
outside the United States as necessary for cover arrangements; and
(4) Conduct foreign geospatial intelligence liaison relationships, in
accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.
(f) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF THE ARMY, NAVY,
AIR FORCE, AND MARINE CORPS. The Commanders and heads of the
intelligence and counterintelligence elements of the Army, Navy, Air
Force, and Marine Corps shall:
(1) Collect (including through clandestine means), produce, analyze, and
disseminate defense and defense-related intelligence and
counterintelligence to support departmental requirements, and, as
appropriate, national requirements;
(2) Conduct counterintelligence activities;
(3) Monitor the development, procurement, and management of tactical
intelligence systems and equipment and conduct related research,
development, and test and evaluation activities; and
(4) Conduct military intelligence liaison relationships and military
intelligence exchange programs with selected cooperative foreign defense
establishments and international organizations in accordance with sections
1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.
(g) INTELLIGENCE ELEMENTS OF THE FEDERAL BUREAU OF INVESTIGATION. Under
the supervision of the Attorney General and pursuant to such regulations
as the Attorney General may establish, the intelligence elements of the
Federal Bureau of Investigation shall:
(1) Collect (including through clandestine means), analyze, produce, and
disseminate foreign intelligence and counterintelligence to support
national and departmental missions, in accordance with procedural
guidelines approved by the Attorney General, after consultation with the
Director;
(2) Conduct counterintelligence activities; and
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(3) Conduct foreign intelligence and counterintelligence liaison
relationships with intelligence, security, and law enforcement services of
foreign governments or international organizations in accordance with
sections 1.3(b)(4) and 1.7(a)(6) of this order.
(h) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF THE COAST
GUARD. The Commandant of the Coast Guard shall:
(1) Collect (including through clandestine means), analyze, produce, and
disseminate foreign intelligence and counterintelligence including defense
and defense-related information and intelligence to support national and
departmental missions;
(2) Conduct counterintelligence activities;
(3) Monitor the development, procurement, and management of tactical
intelligence systems and equipment and conduct related research,
development, and test and evaluation activities; and
(4) Conduct foreign intelligence liaison relationships and intelligence
exchange programs with foreign intelligence services, security services or
international organizations in accordance with sections 1.3(b)(4),
1.7(a)(6), and, when operating as part of the Department of Defense,
1.10(i) of this order.
(i) THE BUREAU OF INTELLIGENCE AND RESEARCH, DEPARTMENT OF STATE; THE
OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF THE TREASURY; THE
OFFICE OF NATIONAL SECURITY INTELLIGENCE, DRUG ENFORCEMENT
ADMINISTRATION; THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF
HOMELAND SECURITY; AND THE OFFICE OF INTELLIGENCE AND
COUNTERINTELLIGENCE, DEPARTMENT OF ENERGY. The heads of the Bureau of
Intelligence and Research, Department of State; the Office of
Intelligence and Analysis, Department of the Treasury; the Office of
National Security Intelligence, Drug Enforcement Administration; the
Office of Intelligence and Analysis, Department of Homeland Security;
and the Office of Intelligence and Counterintelligence, Department of
Energy shall:
(1) Collect (overtly or through publicly available sources), analyze,
produce, and disseminate information, intelligence, and counterintelligence
to support national and departmental missions; and
(2) Conduct and participate in analytic or information exchanges with
foreign partners and international organizations in accordance with
sections 1.3(b)(4) and 1.7(a)(6) of this order.
(j) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. The Director
shall collect (overtly or through publicly available sources), analyze,
produce, and disseminate information, intelligence, and
counterintelligence to support the missions of the Office of the
Director of National Intelligence, including the National
Counterterrorism Center, and to support other national missions.
1.8 The Department of State. In addition to the authorities exercised by
the Bureau of Intelligence and Research under sections 1.4 and 1.7(i) of
this order, the Secretary of State shall:
(a) Collect (overtly or through publicly available sources) information
relevant to United States foreign policy and national security concerns;
[[Page 232]]
(b) Disseminate, to the maximum extent possible, reports received from
United States diplomatic and consular posts;
(c) Transmit reporting requirements and advisory taskings of the
Intelligence Community to the Chiefs of United States Missions abroad;
and
(d) Support Chiefs of United States Missions in discharging their
responsibilities pursuant to law and presidential direction.
1.9 The Department of the Treasury. In addition to the authorities
exercised by the Office of Intelligence and Analysis of the Department
of the Treasury under sections 1.4 and 1.7(i) of this order the
Secretary of the Treasury shall collect (overtly or through publicly
available sources) foreign financial information and, in consultation
with the Department of State, foreign economic information.
1.10 The Department of Defense. The Secretary of Defense shall:
(a) Collect (including through clandestine means), analyze, produce, and
disseminate information and intelligence and be responsive to collection
tasking and advisory tasking by the Director;
(b) Collect (including through clandestine means), analyze, produce, and
disseminate defense and defense-related intelligence and
counterintelligence, as required for execution of the Secretary's
responsibilities;
(c) Conduct programs and missions necessary to fulfill national,
departmental, and tactical intelligence requirements;
(d) Conduct counterintelligence activities in support of Department of
Defense components and coordinate counterintelligence activities in
accordance with section 1.3(b)(20) and (21) of this order;
(e) Act, in coordination with the Director, as the executive agent of
the United States Government for signals intelligence activities;
(f) Provide for the timely transmission of critical intelligence, as
defined by the Director, within the United States Government;
(g) Carry out or contract for research, development, and procurement of
technical systems and devices relating to authorized intelligence
functions;
(h) Protect the security of Department of Defense installations,
activities, information, property, and employees by appropriate means,
including such investigations of applicants, employees, contractors, and
other persons with similar associations with the Department of Defense
as are necessary;
(i) Establish and maintain defense intelligence relationships and
defense intelligence exchange programs with selected cooperative foreign
defense establishments, intelligence or security services of foreign
governments, and international organizations, and ensure that such
relationships and programs are in accordance with sections 1.3(b)(4),
1.3(b)(21) and 1.7(a)(6) of this order;
(j) Conduct such administrative and technical support activities within
and outside the United States as are necessary to provide for cover and
proprietary arrangements, to perform the functions described in sections
(a) though (i) above, and to support the Intelligence Community elements
of the Department of Defense; and
(k) Use the Intelligence Community elements within the Department of
Defense identified in section 1.7(b) through (f) and, when the Coast
Guard is
[[Page 233]]
operating as part of the Department of Defense, (h) above to carry out
the Secretary of Defense's responsibilities assigned in this section or
other departments, agencies, or offices within the Department of
Defense, as appropriate, to conduct the intelligence missions and
responsibilities assigned to the Secretary of Defense.
1.11 The Department of Homeland Security. In addition to the authorities
exercised by the Office of Intelligence and Analysis of the Department
of Homeland Security under sections 1.4 and 1.7(i) of this order, the
Secretary of Homeland Security shall conduct, through the United States
Secret Service, activities to determine the existence and capability of
surveillance equipment being used against the President or the Vice
President of the United States, the Executive Office of the President,
and, as authorized by the Secretary of Homeland Security or the
President, other Secret Service protectees and United States officials.
No information shall be acquired intentionally through such activities
except to protect against use of such surveillance equipment, and those
activities shall be conducted pursuant to procedures agreed upon by the
Secretary of Homeland Security and the Attorney General.
1.12 The Department of Energy. In addition to the authorities exercised
by the Office of Intelligence and Counterintelligence of the Department
of Energy under sections 1.4 and 1.7(i) of this order, the Secretary of
Energy shall:
(a) Provide expert scientific, technical, analytic, and research
capabilities to other agencies within the Intelligence Community, as
appropriate;
(b) Participate in formulating intelligence collection and analysis
requirements where the special expert capability of the Department can
contribute; and
(c) Participate with the Department of State in overtly collecting
information with respect to foreign energy matters.
1.13 The Federal Bureau of Investigation. In addition to the authorities
exercised by the intelligence elements of the Federal Bureau of
Investigation of the Department of Justice under sections 1.4 and 1.7(g)
of this order and under the supervision of the Attorney General and
pursuant to such regulations as the Attorney General may establish, the
Director of the Federal Bureau of Investigation shall provide technical
assistance, within or outside the United States, to foreign intelligence
and law enforcement services, consistent with section 1.3(b)(20) and
(21) of this order, as may be necessary to support national or
departmental missions.
Sec. 3. Part 2 of Executive Order 12333, as amended, is further amended
by:
(a) In section 2.1, striking the first sentence and inserting in lieu
thereof: ``Timely, accurate, and insightful information about the
activities, capabilities, plans, and intentions of foreign powers,
organizations, and persons, and their agents, is essential to informed
decisionmaking in the areas of national security, national defense, and
foreign relations.``;
(b) In section 2.1, inserting a comma after ``innovative'';
(c) In section 2.2, inserting ``, the spread of weapons of mass
destruction,`` after ``international terrorist activities'' in the first
sentence;
[[Page 234]]
(d) In the first sentence of section 2.3, striking ``Agencies within
the'' and inserting in lieu thereof ``Elements of the'', inserting a
comma after ``retain'', striking ``agency'' and inserting in lieu
thereof ``Intelligence Community element'', and inserting ``or by the
head of a department containing such element'' after ``concerned'';
(e) In section 2.3, inserting ``, after consultation with the Director''
preceding the period at the end of the first sentence;
(f) In section 2.3, inserting a comma after ``retention'' in the second
sentence;
(g) In section 2.3(b), striking ``FBI'' and inserting in lieu thereof
``Federal Bureau of Investigation (FBI)'';
(h) In section 2.3(b), striking ``agencies'' and inserting in lieu
thereof ``elements'' each time it appears;
(i) In section 2.3(c), striking ``narcotics'' and inserting in lieu
thereof ``drug,'';
(j) In section 2.3(d), inserting a comma after ``victims'';
(k) In section 2.3(e), striking ``sources or methods'' and inserting in
lieu thereof ``sources, methods, and activities'';
(l) In section 2.3(e), striking ``agencies'' and inserting in lieu
thereof ``elements'' and striking ``agency'' and inserting in lieu
thereof ``element'';
(m) In section 2.3(g), inserting a comma after ``physical'';
(n) In section 2.3(h), striking ``and'';
(o) In section 2.3(i), striking ``federal'' and inserting in lieu
thereof ``Federal'' and inserting a comma after ``local'';
(p) In the last sentence of section 2.3, striking ``agencies within''
and inserting in lieu thereof ``elements of'', striking ``, other than
information derived from signals intelligence,'', striking ``agency''
and inserting in lieu thereof ``element'' in both instances and
inserting immediately before the period: ``, except that information
derived from signals intelligence may only be disseminated or made
available to Intelligence Community elements in accordance with
procedures established by the Director in coordination with the
Secretary of Defense and approved by the Attorney General'';
(q) In the first three sentences of section 2.4, striking ``Agencies
within'' and inserting in lieu thereof ``Elements of''; striking
``Agencies'' and inserting in lieu thereof ''Elements of the
Intelligence Community''; and striking ``agency'' and inserting in lieu
thereof ``Intelligence Community element concerned or the head of a
department containing such element'';
(r) In the second sentence of section 2.4, inserting ``, after
consultation with the Director`` after ``Attorney General'';
(s) In section 2.4(a), striking ``CIA'' and inserting in lieu thereof
``Central Intelligence Agency (CIA)'';
(t) In section 2.4(b) and (c), striking ``agencies'' and inserting in
lieu thereof ``elements of the Intelligence Community''.
(u) In section 2.4(b)(2), striking the period and inserting in lieu
thereof a semicolon;
[[Page 235]]
(v) In section 2.4(c)(1), striking ``agency'' and inserting in lieu
thereof ``element'';
(w) In section 2.4(c)(2), striking the period and inserting in lieu
thereof ``; and'';
(x) In section 2.4(d) striking ``than'' and inserting in lieu thereof
``that'';
(y) In section 2.5, striking the final sentence and inserting in lieu
thereof ``The authority delegated pursuant to this paragraph, including
the authority to approve the use of electronic surveillance as defined
in the Foreign Intelligence Surveillance Act of 1978, as amended, shall
be exercised in accordance with that Act.'';
(z) In section 2.6, inserting ``and other Civil'' before ``Authorities''
in the caption and striking ``Agencies within'' and inserting in lieu
thereof ``Elements of'';
(aa) In section 2.6(a), inserting a comma after ``property'' and
striking ``agency'' and inserting in lieu thereof ``element'';
(bb) In section 2.6(c), striking ``General Counsel'' and inserting in
lieu thereof ``general counsel'', and striking ``agency'' and inserting
in lieu thereof ``element or department'' in the second sentence;
(cc) In section 2.6(d), inserting ``or other civil'' before
``authorities'';
(dd) In section 2.7, striking ``Agencies within'' and inserting in lieu
thereof ``Elements of'';
(ee) In section 2.9, striking ``agencies within'' and inserting in lieu
thereof ``elements of'', and striking ``agency within'' and inserting in
lieu thereof ``element of'' the first time it appears and ``Intelligence
Community element'' the second and third times it appears;
(ff) In section 2.9, striking ``his'' and inserting in lieu thereof
``such person's'';
(gg) In section 2.9, inserting ``or the head of a department containing
such element'' before ``and approved by the Attorney General``, and
inserting '', after consultation with the Director'' after ``the
Attorney General'';
(hh) In section 2.10, striking ``agency within'' and inserting in lieu
thereof ``element of'', and inserting a comma after ``contract for'';
(ii) In section 2.12, striking ``agency'' and inserting in lieu thereof
``element''; and
(jj) At the end of Part 2, inserting a new section 2.13 as follows:
``2.13 Limitation on Covert Action. No covert action may be conducted
which is intended to influence United States political processes, public
opinion, policies, or media.''.
Sec. 4. Part 3 of Executive Order 12333, as amended, is further amended
by:
(a) In section 3.1, striking ``of Central Intelligence''; inserting
``elements,'' after ``agencies,''; and striking ``special'' and
inserting in lieu thereof ``covert action'';
[[Page 236]]
(b) Striking section 3.2 and inserting in lieu thereof: ``3.2
Implementation. The President, supported by the NSC, and the Director
shall issue such appropriate directives, procedures, and guidance as are
necessary to implement this order. Heads of elements within the
Intelligence Community shall issue appropriate procedures and
supplementary directives consistent with this order. No procedures to
implement Part 2 of this order shall be issued without the Attorney
General's approval, after consultation with the Director. The Attorney
General shall provide a statement of reasons for not approving any
procedures established by the head of an element in the Intelligence
Community (or the head of the department containing such element) other
than the FBI. In instances where the element head or department head and
the Attorney General are unable to reach agreements on other than
constitutional or other legal grounds, the Attorney General, the head of
department concerned, or the Director shall refer the matter to the
NSC.'';
(c) Striking section 3.3 and inserting in lieu thereof: `` 3.3
Procedures. The activities herein authorized that require procedures
shall be conducted in accordance with existing procedures or
requirements established under Executive Order 12333. New procedures, as
required by Executive Order 12333, as further amended, shall be
established as expeditiously as possible. All new procedures promulgated
pursuant to Executive Order 12333, as amended, shall be made available
to the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives.'';
(d) Inserting after section 3.3 the following new section: `` 3.4
References and Transition. References to ``Senior Officials of the
Intelligence Community'' or ``SOICs'' in executive orders or other
Presidential guidance, shall be deemed references to the heads of
elements in the Intelligence Community, unless the President otherwise
directs; references in Intelligence Community or Intelligence Community
element policies or guidance, shall be deemed to be references to the
heads of elements of the Intelligence Community, unless the President or
the Director otherwise directs.'';
(e) Striking ``3.4 Definitions'' and inserting in lieu thereof ``3.5
Definitions'';
(f) Amending the definition of `` Counterintelligence'' in section
3.5(a), as renumbered, by inserting ``identify, deceive, exploit,
disrupt, or'' before ``protect against espionage'', inserting ``or their
agents,'' after ``persons,'', inserting ``organizations or activities''
after terrorist, and striking ``activities, but not including personnel,
physical, document or communications security programs'';
(g) Striking section 3.5(b)-(h), as renumbered, and inserting in lieu
thereof:
``(b) Covert action means an activity or activities of the United States
Government to influence political, economic, or military conditions abroad,
where it is intended that the role of the United States Government will not
be apparent or acknowledged publicly, but does not include:
(1) Activities the primary purpose of which is to acquire
intelligence, traditional counterintelligence activities,
traditional activities to improve or maintain the operational
security of United States Government programs, or administrative
activities;
[[Page 237]]
(2) Traditional diplomatic or military activities or routine
support to such activities;
(3) Traditional law enforcement activities conducted by
United States Government law enforcement agencies or routine
support to such activities; or
(4) Activities to provide routine support to the overt
activities (other than activities described in paragraph (1), (2),
or (3)) of other United States Government agencies abroad.
(c) Electronic surveillance means acquisition of a nonpublic communication
by electronic means without the consent of a person who is a party to an
electronic communication or, in the case of a nonelectronic communication,
without the consent of a person who is visibly present at the place of
communication, but not including the use of radio direction-finding
equipment solely to determine the location of a transmitter.
(d) Employee means a person employed by, assigned or detailed to, or acting
for an element within the Intelligence Community.
(e) Foreign intelligence means information relating to the capabilities,
intentions, or activities of foreign governments or elements thereof,
foreign organizations, foreign persons, or international terrorists.
(f) Intelligence includes foreign intelligence and counterintelligence.
(g) Intelligence activities means all activities that elements of the
Intelligence Community are authorized to conduct pursuant to this order.
(h) Intelligence Community and elements of the Intelligence Community
refers to:
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) The other offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(8) The intelligence and counterintelligence elements of the
Army, the Navy, the Air Force, and the Marine Corps;
(9) The intelligence elements of the Federal Bureau of
Investigation;
(10) The Office of National Security Intelligence of the Drug
Enforcement Administration;
(11) The Office of Intelligence and Counterintelligence of the
Department of Energy;
(12) The Bureau of Intelligence and Research of the Department
of State;
(13) The Office of Intelligence and Analysis of the Department
of the Treasury;
(14) The Office of Intelligence and Analysis of the Department
of Homeland Security;
[[Page 238]]
(15) The intelligence and counterintelligence elements of the
Coast Guard; and
(16) Such other elements of any department or agency as may be
designated by the President, or designated jointly by the Director
and the head of the department or agency concerned, as an element
of the Intelligence Community.
(i) National Intelligence and Intelligence Related to National Security
means all intelligence, regardless of the source from which derived and
including information gathered within or outside the United States, that
pertains, as determined consistent with any guidance issued by the
President, or that is determined for the purpose of access to information
by the Director in accordance with section 1.3(a)(1) of this order, to
pertain to more than one United States Government agency; and that involves
threats to the United States, its people, property, or interests; the
development, proliferation, or use of weapons of mass destruction; or any
other matter bearing on United States national or homeland security.
(j) The National Intelligence Program means all programs, projects, and
activities of the Intelligence Community, as well as any other programs of
the Intelligence Community designated jointly by the Director and the head
of a United States department or agency or by the President. Such term does
not include programs, projects, or activities of the military departments
to acquire intelligence solely for the planning and conduct of tactical
military operations by United States Armed Forces.''.
(h) Redesignating the definition of `` United States Person'' as section
3.5(k) and therein striking ``agency'' and inserting in lieu thereof
``element'';
(i) Striking section 3.5;
(j) In section 3.6, striking ``Order No. 12036 of January 24, 1978, as
amended, entitled ``United States Intelligence Activities,'' is'' and
inserting in lieu thereof ``Orders 13354 and 13355 of August 27, 2004,
are'', and inserting before the period ``; and paragraphs 1.3(b)(9) and
(10) of Part 1 supersede provisions within Executive Order 12958, as
amended, to the extent such provisions in Executive Order 12958, as
amended, are inconsistent with this Order''; and
(k) Inserting the following new section 3.7 to read as follows:
``3.7 General Provisions.
(a) Consistent with section 1.3(c) of this order, nothing in this order
shall be construed to impair or otherwise affect:
(1) Authority granted by law to a department or agency, or the head
thereof; or
(2) Functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is intended only to improve the internal management of
the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity, by any party against the United States, its departments,
agencies or entities, its officers, employees, or agents, or any other
person.''.
[[Page 239]]
Sec. 5. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable by any party at law or
in equity against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
July 30, 2008.
Executive Order 13471 of August 28, 2008
Further Amendments To Executive Order 13285, President's Council On
Service And Civic Participation
By the authority vested in me as President by the Constitution and the
laws of the United States, and in order to increase the membership and
extend the duration of the President's Council on Service and Civic
Participation, it is hereby ordered that Executive Order 13285 of
January 29, 2003, as amended, is further amended as follows:
Section 1. Section 1 is amended by adding at the end of section 1 the
following new subsection: ``(c) To conduct and vote on official business
during meetings, the Council must convene a quorum of at least 10
Council members.''
Sec. 2. Section 4(b) is amended to read: ``(b) Unless further extended
by the President, this order shall expire on June 30, 2009.''
Sec. 3. Section 4 is amended by adding at the end thereof the following
new subsection:
``(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.''
George W. Bush
The White House,
August 28, 2008.
Executive Order 13472 of September 11, 2008
Executive Branch Responsibilities With Respect To Orders of Succession
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the Federal Government to ensure
that each executive branch agency can perform its essential functions
and remain an effectively functioning part of the Federal Government
under all
[[Page 240]]
conditions. Accordingly, each agency shall take all appropriate actions
to establish, maintain, and, as necessary, revise an order of
succession, or to propose presidential action to establish or revise an
order of succession.
Sec. 2. Definitions. As used in this order:
(a) ``agency'' means:
(i) an executive agency as defined in section 105 of title 5,
United States Code, other than the Government Accountability
Office; and
(ii) the United States Postal Service and the Postal
Regulatory Commission; and
(b) ``order of succession'' means a list of officials by position who shall
act as and perform the functions and duties of the office of the head of
the agency in the event that the office-holder has died, resigned, or
otherwise become unable to perform the functions and duties of the office.
``Order of succession'' does not include any order, rule, memorandum, or
other document delegating or partially delegating the authority of an
office.
Sec. 3. Orders of Succession Requiring Presidential Action.
(a) Each agency for which presidential action is required to establish an
order of succession shall draft a proposed order of succession if no such
order exists and, not later than 30 days from the date of this order, send
such proposed draft order to the Counsel to the President for review and
comment.
(b) Each agency described in subsection 3(a) of this order shall send any
proposed updates or revisions to the agency's order of succession to the
Counsel to the President for review and comment.
(c) Upon completion of the requirements set forth by subsections (a) or (b)
of this section with respect to a proposed order, the agency shall submit
the proposed order to the Office of Management and Budget in accordance
with Executive Order 11030, as amended.
Sec. 4. Orders of Succession Not Requiring Presidential Action. (a) Each
agency for which presidential action is not required to establish an
order of succession because of the agency's existing legal authority
shall establish and maintain such order in accordance with applicable
law and any applicable guidance issued by the President or the Secretary
of Homeland Security, including the laws and guidance regarding
continuity plans and programs for the executive branch.
(b) Each agency described in subsection 4(a) of this order shall update and
revise its order of succession as necessary. Before implementing any
revisions to its order of succession, such agency shall send the proposed
revisions to the Counsel to the President for review and comment.
(c) Not later than 30 days from the date of this order, and not later than
7 days from the issuance date of any subsequent final revision to an
existing order of succession, each agency described in subsection 4(a) of
this order shall provide a copy of its order of succession to the Counsel
to the President, the Assistant to the President for Homeland Security and
Counterterrorism, and the Director of the Office of Management and Budget.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
[[Page 241]]
(i) authority granted by law to a department, agency, or the
head thereof; or
(ii) functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative
proposals.
(b) Nothing in this order shall be construed to delegate the President's
authority under the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et
seq., to designate individuals to perform the functions and duties of a
vacant office temporarily in an acting capacity.
(c) This order shall be implemented in a manner consistent with applicable
law and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by any
party against the United States, its agencies, instrumentalities, or
entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
September 11, 2008.
Executive Order 13473 of September 25, 2008
To Authorize Certain Noncompetitive Appointments in the Civil Service
for Spouses of Certain Members of the Armed Forces
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 3301 and 3302
of title 5, United States Code, it is hereby ordered as follows:
Section 1. Policy. It shall be the policy of the United States to
provide for the appropriately expedited recruitment and selection of
spouses of members of the Armed Forces for appointment to positions in
the competitive service of the Federal civil service as part of the
effort of the United States to recruit and retain in military service,
skilled and experienced members of the Armed Forces and to recognize and
honor the service of such members injured, disabled, or killed in
connection with their service.
Sec. 2. Definitions. As used in this order:
(a) the term ``agency'' has the meaning specified for the term
``executive agency'' in section 105 of title 5, United States Code, but
does not include the Government Accountability Office;
(b) the term ``Armed Forces'' has the meaning specified for that
term in section 101 of title 10, United States Code;
(c) the term ``active duty'' means full-time duty in an armed force
and includes full-time National Guard duty, except that, for Reserve
Component members, the term ``active duty'' does not include training
duties or attendance at service schools.
(d) the term ``permanent change of station'' means the assignment,
detail, or transfer of a member of the Armed Forces serving at a present
permanent
[[Page 242]]
duty station to a different permanent duty station under a competent
authorization or order that does not:
(i) specify the duty as temporary;
(ii) provide for assignment, detail, or transfer, after that different
permanent duty station, to a further different permanent duty station; or
(iii) direct return to the present permanent duty station; and
(e) the term ``totally disabled retired or separated member'' means
a member of the Armed Forces who:
(i) retired under chapter 61 of title 10, United States Code, with a
disability rating at the time of retirement of 100 per cent; or (ii)
retired or separated from the Armed Forces and has a disability rating of
100 percent from the Department of Veterans Affairs.
Sec. 3. Noncompetitive Appointment Authority. Consistent with the policy
set forth in section 1 of this order and such regulations as the
Director of the Office of Personnel Management may prescribe, the head
of an agency may make a noncompetitive appointment to any position in
the competitive service, for which the individual is qualified, of an
individual who is:
(a) the spouse of a member of the Armed Forces who, as determined by
the Secretary of Defense, is performing active duty pursuant to orders
that authorize a permanent change of station move, if such spouse
relocates to the member's new permanent duty station;
(b) the spouse of a totally disabled retired or separated member of
the Armed Forces; or
(c) the unremarried widow or widower of a member of the Armed Forces
killed while performing active duty.
Sec. 4. Administrative Provisions. The heads of agencies shall employ,
as appropriate, appointment authority available to them, in addition to
the authority granted by section 3 of this order, to carry out the
policy set forth in section 1.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to a department or agency or the head
thereof; and
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative functions.
(b) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its agencies, instrumentalities, or
entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
September 25, 2008.
[[Page 243]]
Executive Order 13474 of September 26, 2008
Amendments to Executive Order 12962
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to conserve, restore,
and enhance aquatic systems to provide for increased recreational
fishing opportunities nationwide, it is hereby ordered as follows:
Section 1. Executive Order 12962 of June 7, 1995, is hereby amended: (a)
in the preamble, by striking ``and the Magnuson Fishery Conservation and
Management Act (16 U.S.C 1801-1882)'' and inserting before ``, and other
pertinent statutes,'' the following:
``the National Marine Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.),
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd-ee), the National Park Service Organic Act (16 U.S.C. 1 et
seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.),
Wilderness Act (16 U.S.C. 1131 et seq.), the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), the Coastal
Zone Management Act (16 U.S.C. 1451 et seq.), the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.)''; and
(b) by redesignating subsections (d) through (i) in section 1 as
subsections (e) through (j), respectively, and inserting after
subsection (c) the following new subsection:
``(d) ensuring that recreational fishing shall be managed as a
sustainable activity in national wildlife refuges, national parks,
national monuments, national marine sanctuaries, marine protected areas,
or any other relevant conservation or management areas or activities
under any Federal authority, consistent with applicable law;''.
Sec. 2. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by
any party against the United States, its agencies, instrumentalities, or
entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
September 26, 2008.
Executive Order 13475 of October 7, 2008
Further Amendments To Executive Orders 12139 And 12949 In Light of the
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 104 and 303 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), as amended by the Foreign Intelligence Surveillance Act of 1978
Amendments Act of 2008 (Public Law 110-261), it is hereby ordered as
follows:
[[Page 244]]
Section 1. Section 1-103 of Executive Order 12139 of May 23, 1979, as
amended, is further amended by:
(a) striking ``(7)'' each place it appears and inserting in lieu
thereof ``(6)'';
(b) adding after subsection (h) ``(i) Deputy Director of the Federal
Bureau of Investigation.''; and
(c) by adding after the sentence that begins ``None of the above
officials . . .'', a new sentence to read ``The requirement of the
preceding sentence that the named official must be appointed by the
President with the advice and consent of the Senate does not apply to
the Deputy Director of the Federal Bureau of Investigation.''
Sec. 2. Section 3 of Executive Order 12949 of February 9, 1995, as
amended, is further amended by:
(a) striking ``(7)'' each place it appears and inserting in lieu
thereof ``(6)'';
(b) striking ``and'' at the end of subsection (g);
(c) striking the period at the end of subsection (h) and inserting
in lieu thereof ``; and'';
(d) adding after subsection (h) ``(i) Deputy Director of the Federal
Bureau of Investigation.''; and
(e) by adding after the sentence that begins ``None of the above
officials . . .'', a new sentence to read ``The requirement of the
preceding sentence that the named official must be appointed by the
President with the advice and consent of the Senate does not apply to
the Deputy Director of the Federal Bureau of Investigation.''
Sec. 3. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by
any party against the United States, its agencies, instrumentalities, or
entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
October 7, 2008.
Executive Order 13476 of October 9, 2008
Facilitation of a Presidential Transition
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 7301 of title 5,
United States Code, and the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) (IRTPA), and in order to further the
purposes of the Presidential Transition Act of 1963, as amended, and to
assist the presidential transition, it is hereby ordered as follows:
Section 1. Presidential Transition Coordination. (a) To assist and
support the transition efforts of the transition teams for the ``major
party'' ``candidates,'' as those terms are used in the IRTPA and defined
in section 9002(2) and (6) of the Internal Revenue Code of 1986 (26
U.S.C. 9002(2), (6)), and the President-elect, there is established a
Presidential Transition Coordinating Council (Council).
[[Page 245]]
(b) The Council shall be composed of the following officials or
their designees:
(i) Chief of Staff to the President, who shall serve as Chair;
(ii) Assistant to the President and Deputy Chief of Staff for Operations,
who shall serve as Vice Chair;
(iii) Assistant to the President and Deputy Chief of Staff for Policy;
(iv) Counsel to the President;
(v) Assistant to the President for Presidential Personnel;
(vi) Assistant to the President for National Security Affairs;
(vii) Assistant to the President for Homeland Security and
Counterterrorism;
(viii) Assistant to the President for Economic Policy and Director,
National Economic Council;
(ix) Attorney General;
(x) Director of National Intelligence;
(xi) Director of the Office of Management and Budget;
(xii) Director of the Office of Personnel Management;
(xiii) Administrator of General Services;
(xiv) Archivist of the United States;
(xv) Director of the Office of Government Ethics; and
(xvi) Such others as the President or the Chair of the Council may select.
(c) The Council shall assist the major party candidates and the
President-elect by making every reasonable effort to facilitate the
transition between administrations. This assistance may include, among
other things, providing information relevant to facilitating the
personnel aspects of a presidential transition and such other
information that, in the Council's judgment, is useful and appropriate,
as long as providing such information is not otherwise prohibited by
law.
(d) In order to obtain a wide range of facts and information on
prior transitions and best practices, the Council, its members, or their
designees may, from time to time, seek information from private
individuals, including individuals within outside organizations, who
have significant experience or expertise in presidential transitions.
The Council, its members, or their designees shall endeavor to obtain
such facts and information from individuals representing a range of
bipartisan or nonpartisan viewpoints. If the Council, its members, or
their designees find it necessary to seek advice from private
individuals or outside organizations, such counsel should be sought in a
manner that seeks individual advice and does not involve collective
judgment or deliberation.
(e) It shall be the policy of the Council to provide appropriate
information and assistance to the major party candidates on an equal
basis and without regard for party affiliation.
Sec. 2. Transition Activities and Materials. (a) At the direction of the
Council or its designee(s), the Administrator of General Services shall
coordinate
[[Page 246]]
orientation activities with the appropriate agencies, including the
Office of Government Ethics and the Office of Personnel Management, for
key prospective presidential appointees.
(b) At the direction of the Council or its designee(s), the White
House Office of Presidential Personnel shall supplement as appropriate
and necessary the electronic record of all title 5 presidentially
appointed positions provided by the Office of Personnel Management to
the major party candidates pursuant to section 8403(b) of IRTPA.
(c) The Suitability and Security Clearance Performance
Accountability Council shall coordinate with the Council when performing
those functions authorized by Executive Order 13467 of June 30, 2008,
that are necessary to assist in transition-related activities.
(d) At the direction of the Council or its designee(s), executive
departments and agencies shall prepare a set of briefing materials for
new political appointees before the inauguration of the President-elect.
The current Administration shall work with the incoming transition team
to provide copies of all such materials.
(e) At the direction of the Council or its designee(s) and
consistent with the Presidential Transition Act of 1963, as amended, the
Administrator of General Services, in consultation with the Archivist of
the United States and other appropriate agencies, shall develop a
Transition Directory. This directory shall include Federal publications
and other materials that provide information on each executive
department and agency.
Sec. 3. Transition Agreements. To assist and support the transition,
transition agreements between the White House or appropriate executive
branch departments and agencies and the transition teams for the major
party candidates and the President-elect will be entered into, as
necessary, regarding transition procedures and identification of
transition contacts.
Sec. 4. General Provisions. (a) In order to take appropriate account of
the transition reforms made by IRTPA and to further update and clarify
the presidential transition process, this order supersedes Executive
Order 13176 of November 27, 2000.
(b) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to a department or agency, or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(c) This order is intended only to facilitate the transition and is
not intended to, and does not, create any right or benefit, substantive
or procedural, enforceable at law or in equity, by any party against the
United States, its agencies, instrumentalities, or entities, its
officers, employees, or agents, or any other person.
(d) Unless extended by the President, this order shall expire on
February 20, 2009.
George W. Bush
The White House,
October 9, 2008.
[[Page 247]]
Executive Order 13477 of October 31, 2008
Settlement of Claims Against Libya
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and pursuant to the August 14,
2008, claims settlement agreement between the United States of America
and Libya (Claims Settlement Agreement), and in recognition of the
October 31, 2008, certification of the Secretary of State, pursuant to
section 5(a)(2) of the Libyan Claims Resolution Act (Public Law 110-
301), and in order to continue the process of normalizing relations
between the United States and Libya, it is hereby ordered as follows:
Section 1. All claims within the terms of Article I of the Claims
Settlement Agreement (Article I) are settled.
(a) Claims of United States nationals within the terms of Article I
are espoused by the United States and are settled according to the terms
of the Claims Settlement Agreement.
(i) No United States national may assert or maintain any claim
within the terms of Article I in any forum, domestic or foreign,
except under the procedures provided for by the Secretary of
State.
(ii) Any pending suit in any court, domestic or foreign, by
United States nationals (including any suit with a judgment that
is still subject to appeal or other forms of direct judicial
review) coming within the terms of Article I shall be terminated.
(iii) The Secretary of State shall provide for procedures
governing applications by United States nationals with claims
within the terms of Article I for compensation for those claims.
(iv) The Attorney General shall enforce this subsection
through all appropriate means, which may include seeking the
dismissal, with prejudice, of any claim of a United States
national within the terms of Article I pending or filed in any
forum, domestic or foreign.
(b) Claims of foreign nationals within the terms of Article I are
settled according to the terms of the Claims Settlement Agreement.
(i) No foreign national may assert or maintain any claim
coming within the terms of Article I in any court in the United
States.
(ii) Any pending suit in any court in the United States by
foreign nationals (including any suit with a judgment that is
still subject to appeal or other forms of direct judicial review)
coming within the terms of Article I shall be terminated.
(iii) Neither the dismissal of the lawsuit, nor anything in
this order, shall affect the ability of any foreign national to
pursue other available remedies for claims coming within the terms
of Article I in foreign courts or through the efforts of foreign
governments.
(iv) The Attorney General shall enforce this subsection
through all appropriate means, which may include seeking the
dismissal, with prejudice, of any claim of a foreign national
within the terms of Article I pending or filed in any court in the
United States.
Sec. 2. For purposes of this order:
[[Page 248]]
(a) The term ``United States national'' has the same meaning as
``national of the United States'' in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)), but also
includes any entity organized under the laws of the United States or any
jurisdiction within the United States (including foreign branches).
(b) The term ``foreign national'' means any person other than a
United States national.
(c) The term ``person'' means any individual or entity, including
both natural and juridical persons.
(d) The term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization.
Sec. 3. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other
person.
George W. Bush
The White House,
October 31, 2008.
Executive Order 13478 of November 18, 2008
Amendments To Executive Order 9397 Relating To Federal Agency Use of
Social Security Numbers
By the authority vested in me as President by the Constitution and laws
of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States that Federal
agencies should conduct agency activities that involve personal
identifiers in a manner consistent with protection of such identifiers
against unlawful use.
Sec. 2. Amendments to Executive Order 9397. Executive Order 9397 of
November 22, 1943, is amended:
(a) in paragraph 1 by:
(i) striking ``shall'' and inserting in lieu thereof ``may'';
(ii) striking ``exclusively'';
(iii) striking ``Title 26, section 402.502'' and inserting in
lieu thereof ``title 20, section 422.103''; and
(iv) striking ``the 1940 Supplement to'';
(b) by striking ``Bureau of the Budget'' in paragraph 5 and
inserting in lieu thereof ``Office of Management and Budget'';
(c) by renumbering paragraph 6 as paragraph 8;
(d) by inserting immediately following paragraph 5 the following new
paragraphs:
``6. This order shall be implemented in accordance with
applicable law and subject to the availability of appropriations.
[[Page 249]]
``7. This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or
in equity, by any party against the United States, its
departments, agencies, instrumentalities, or entities, its
officers, employees, or agents, or any other person.''; and
(e) by striking ``Board'' each place it appears and inserting in
lieu thereof in each such place ``Administration''.
Sec. 3. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by
any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers, employees, or agents, or
any other person.
George W. Bush
The White House,
November 18, 2008.
Executive Order 13479 of November 18, 2008
Transformation of the National Air Transportation System
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to establish
and maintain a national air transportation system that meets the present
and future civil aviation, homeland security, economic, environmental
protection, and national defense needs of the United States, including
through effective implementation of the Next Generation Air
Transportation System (NextGen).
Sec. 2. Definitions. As used in this order the term ``Next Generation
Air Transportation System'' means the system to which section 709 of the
Vision 100--Century of Aviation Reauthorization Act (Public Law 108-176)
(Act) refers.
Sec. 3. Functions of the Secretary of Transportation. Consistent with
sections 709 and 710 of the Act and the policy set forth in section 1 of
this order, the Secretary of Transportation shall:
(a) take such action within the authority of the Secretary, and
recommend as appropriate to the President such action as is within the
authority of the President, to implement the policy set forth in section
1 of this order and in particular to implement the NextGen in a safe,
secure, timely, environmentally sound, efficient, and effective manner;
(b) convene quarterly, unless the Secretary determines that meeting
less often is consistent with effective implementation of the policy set
forth in section 1 of this order, the Senior Policy Committee
established pursuant to section 710 of the Act (Committee);
(c) not later than 60 days after the date of this order, establish
within the Department of Transportation a support staff (Staff),
including employees from departments and agencies assigned pursuant to
subsection 4(e) of this order, to support, as directed by the Secretary,
the Secretary and the Committee in the performance of their duties
relating to the policy set forth in section 1 of this order; and
[[Page 250]]
(d) not later than 180 days after the date of this order, establish
an advisory committee to provide advice to the Secretary and, through
the Secretary, the Committee concerning the implementation of the policy
set forth in section 1 of this order, including aviation-related
subjects and any related performance measures specified by the
Secretary, pursuant to section 710 of the Act.
Sec. 4. Functions of Other Heads of Executive Departments and Agencies.
Consistent with the policy set forth in section 1 of this order:
(a) the Secretary of Defense shall assist the Secretary of
Transportation by:
(i) collaborating, as appropriate, and verifying that the
NextGen meets the national defense needs of the United States
consistent with the policies and plans established under
applicable Presidential guidance; and
(ii) furnishing, as appropriate, data streams to integrate
national defense capabilities of the United States civil and
military systems relating to the national air transportation
system, and coordinating the development of requirements and
capabilities to address tracking and other activities relating to
non-cooperative aircraft in consultation with the Secretary of
Homeland Security, as appropriate;
(b) the Secretary of Commerce shall:
(i) develop and make available, as appropriate, the
capabilities of the Department of Commerce, including those
relating to aviation weather and spectrum management, to support
the NextGen; and
(ii) take appropriate account of the needs of the NextGen in
the trade, commerce, and other activities of the Department of
Commerce, including those relating to the development and setting
of standards;
(c) the Secretary of Homeland Security shall assist the Secretary of
Transportation by ensuring that:
(i) the NextGen includes the aviation-related security
capabilities necessary to ensure the security of persons,
property, and activities within the national air transportation
system consistent with the policies and plans established under
applicable Presidential guidance; and
(ii) the Department of Homeland Security shall continue to
carry out all statutory and assigned responsibilities relating to
aviation security, border security, and critical infrastructure
protection in consultation with the Secretary of Defense, as
appropriate;
(d) the Administrator of the National Aeronautics and Space
Administration shall carry out the Administrator's duties under
Executive Order 13419 of December 20, 2006, in a manner consistent with
that order and the policy set forth in section 1 of this order;
(e) the heads of executive departments and agencies shall provide to
the Secretary of Transportation such information and assistance,
including personnel and other resources for the Staff to which
subsection 3(c) of this order refers, as may be necessary and
appropriate to implement this order as agreed to by the heads of the
departments and agencies involved; and
(f) the Director of the Office of Management and Budget may issue
such instructions as may be necessary to implement subsection 5(b) of
this order.
[[Page 251]]
Sec. 5. Additional Functions of the Senior Policy Committee. In addition
to performing the functions specified in section 710 of the Act, the
Committee shall:
(a) report not less often than every 2 years to the President,
through the Secretary of Transportation, on progress made and projected
to implement the policy set forth in section 1 of this order, together
with such recommendations including performance measures for
administrative or other action as the Committee determines appropriate;
(b) review the proposals by the heads of executive departments and
agencies to the Director of the Office of Management and Budget with
respect to programs affecting the policy set forth in section 1 of this
order, and make recommendations including performance measures thereon,
through the Secretary of Transportation, to the Director; and
(c) advise the Secretary of Transportation and, through the
Secretary of Transportation, the Secretaries of Defense, Commerce, and
Homeland Security, and the Administrator of the National Aeronautics and
Space Administration, with respect to the activities of their
departments and agencies in the implementation of the policy set forth
in section 1 of this order.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the
head thereof; or
(ii) functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by
any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers, employees, or agents, or
any other person.
George W. Bush
The White House,
November 18, 2008.
Executive Order 13480 of November 26, 2008
Exclusions From the Federal Labor-Management Relations Program
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 7103(b)(1) of
title 5, United States Code, and in order to reflect the effects of the
reorganization and restructuring of the Departments of Energy, Homeland
Security, Justice, Transportation, and the Treasury on their
subdivisions exempted from coverage under the Federal Labor-Management
Relations Program, it is hereby ordered as follows:
[[Page 252]]
Section 1. Determinations. The subdivisions of the Departments of
Energy, Homeland Security, Justice, Transportation, and the Treasury set
forth in sections 2 through 6 of this order are hereby determined to
have as a primary function intelligence, counterintelligence,
investigative, or national security work. It is further determined that
chapter 71 of title 5, United States Code, cannot be applied to these
subdivisions in a manner consistent with national security requirements
and considerations.
Sec. 2. Department of Energy. Executive Order 12171 of November 19,
1979, as amended, is further amended by revising section 1-210 to read
as follows:
``1-210. Agencies or subdivisions of the Department of Energy:
(a) The National Nuclear Security Administration.
(b) The Office of Intelligence.
(c) The Office of Counterintelligence.
(d) The Office of Intelligence and Counterintelligence.
(e) The Savannah River Operations Office.''
Sec. 3. Department of Homeland Security. Executive Order 12171 of
November 19, 1979, as amended, is further amended by revising section 1-
214 to read as follows:
``1-214. Agencies or subdivisions of the Department of Homeland
Security:
(a) Office of the Military Advisor.
(b) The following office within the Management Directorate:
(1) Office of Security.
(c) Office of Operations Coordination.
(d) Office of Counternarcotics Enforcement.
(e) Office of Intelligence and Analysis.
(f) Domestic Nuclear Detection Office.
(g) The following offices and subdivisions within the United States
Coast Guard:
(1) Maritime Intelligence Fusion Centers, Atlantic.
(2) Pacific Area Intelligence Division.
(3) Intelligence Coordination Center.
(4) Coast Guard Investigative Service.
(5) Coast Guard Security Center.
(h) The following offices and subdivisions within United States
Immigration and Customs Enforcement:
(1) The Office of Investigations.
(2) The Office of International Affairs.
(3) The Office of Intelligence.
(4) The National Incident Response Unit.
(i) The following office within the Transportation Security
Administration:
[[Page 253]]
(1) The Office of Law Enforcement/Federal Air Marshal Service.
(j) The following office within United States Customs and Border
Protection:
(1) The Office of Intelligence and Operations Coordination.
(k) The following offices and subdivisions within the Federal
Emergency Management Agency:
(1) The following offices and subdivisions within the Office of National
Continuity Programs:
(A) The Office of the Assistant Administrator.
(B) The Operations Division.
(C) The Continuity of Operations Division.
(D) The Readiness Division.
(E) The Integrated Public Alert and Warning Systems Division.
(2) The following subdivisions within the Disaster Operations
Directorate:
(A) The Mobile Emergency Response Support Operations, including
Mobile Emergency Response Support Detachments.
(B) The FEMA Operations Center.
(C) The Alternate FEMA Operations Center.``
Sec. 4. Department of Justice. Executive Order 12171 of November 19,
1979, as amended, is further amended by:
(a) revising subsection (g) of section 1-209 to read as follows:
``(g) National Security Division.''; and
(b) adding to the end of section 1-209 the following new subsection:
``(h) Bureau of Alcohol, Tobacco, Firearms, and Explosives.''
Sec. 5. Department of Transportation. Executive Order 12171 of November
19, 1979, as amended, is further amended by revising section 1-213 to
read as follows:
``1-213. The following subdivision of the Federal Aviation
Administration (FAA), Department of Transportation: National Security
Coordination Division, Office of Emergency Operations and
Investigations, FAA Office of Security and Hazardous Materials.''
Sec. 6. Department of the Treasury. Executive Order 12171 of November
19, 1979, as amended, is further amended by revising section 1-203 to
read as follows:
``1-203. Agencies or subdivisions of the Department of the Treasury:
(a) The Office of Terrorism and Financial Intelligence.
(b) The Financial Crimes Enforcement Network.
(c) Criminal Investigation, Internal Revenue Service.
(d) The Trade Analysis and Enforcement Division, Alcohol and Tobacco
Tax and Trade Bureau.``
Sec. 7. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
[[Page 254]]
against the United States, its agencies, instrumentalities, or entities,
its officers, employees, or agents, or any other person.
George W. Bush
The White House,
November 26, 2008.
Executive Order 13481 of December 9, 2008
Providing An Order of Succession Within the Department of Justice
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Subject to the provisions of section 2 of this order, the
following officers, in the order listed, shall act as and perform the
functions and duties of the office of Attorney General, during any
period in which the Attorney General, the Deputy Attorney General, the
Associate Attorney General, and the officers designated by the Attorney
General pursuant to 28 U.S.C. 508 to act as Attorney General have died,
resigned, or otherwise become unable to perform the functions and duties
of the office of Attorney General, until such time as at least one of
the officers mentioned above is able to perform the functions and duties
of that office:
(a) United States Attorney for the District of Maryland;
(b) United States Attorney for the Southern District of Alabama; and
(c) United States Attorney for the Northern District of Georgia.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1 of this order in an acting capacity, by virtue of so
serving, shall act as Attorney General pursuant to this order.
(b) No individual listed in section 1 shall act as Attorney General
unless that individual is otherwise eligible to so serve under the
Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this order, the President
retains discretion, to the extent permitted by law, to depart from this
order in designating an acting Attorney General.
Sec. 3. This order supersedes the President's Memorandum for the
Attorney General of December 8, 2006 (Designation of Officers of the
Department of Justice).
Sec. 4. This order is intended to improve the internal management of the
executive branch and is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity,
by any party against the United States, its agencies, instrumentalities,
or entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
December 9, 2008.
[[Page 255]]
Executive Order 13482 of December 12, 2008
Closing of Executive Departments and Agencies of the Federal Government
on Friday, December 26, 2008
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. All executive branch departments and agencies of the Federal
Government shall be closed and their employees excused from duty on
Friday, December 26, 2008, the day after Christmas Day, except as
provided in section 2 of this order.
Sec. 2. The heads of executive branch departments and agencies may
determine that certain offices and installations of their organizations,
or parts thereof, must remain open and that certain employees must
report for duty on December 26, 2008, for reasons of national security
or defense or other public need.
Sec. 3. Friday, December 26, 2008, shall be considered as falling within
the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C.
5546 and 6103(b) and other similar statutes insofar as they relate to
the pay and leave of employees of the United States.
Sec. 4. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by
any party against the United States, its agencies, instrumentalities, or
entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
December 12, 2008.
Executive Order 13483 of December 18, 2008
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the laws cited herein,
it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto
and made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the
Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of
Public Law 102-40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for
senior executives in the Senior Executive Service, as established
pursuant to 5
[[Page 256]]
U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part
hereof.
Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates
of basic pay or salaries for the following offices and positions are set
forth on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31)
at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a),
section 140 of Public Law 97-92, and section 305 of Division D of the
Consolidated Appropriations Act, 2008), at Schedule 7.
Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C.
203(a)) for members of the uniformed services, as adjusted under 37
U.S.C. 1009, and section 601 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417, October 14,
2008), and the rate of monthly cadet or midshipman pay (37 U.S.C.
203(c)) are set forth on Schedule 8 attached hereto and made a part
hereof.
Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to section
5304 of title 5, United States Code, and section 142 of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act, 2009
(Public Law 110-329, September 30, 2008), locality-based comparability
payments shall be paid in accordance with Schedule 9 attached hereto and
made a part hereof.
(b) The Director of the Office of Personnel Management shall take
such actions as may be necessary to implement these payments and to
publish appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. The rates of basic pay for
administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4), are
set forth on Schedule 10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2009. The
other schedules contained herein are effective on the first day of the
first applicable pay period beginning on or after January 1, 2009.
Sec. 8. Prior Order Superseded. Executive Order 13454 of January 4,
2008, is superseded.
George W. Bush
The White House,
December 18, 2008.
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________________________________________________________________________
OTHER PRESIDENTIAL DOCUMENTS
________________________________________________________________________
Page
Subchapter A-- [Reserved]
Subchapter B-- Administrative Orders 267
Subchapter C-- Reorganization Plans [None]
Subchapter D-- Designations [None]
________________________________________________________________________
Subchapter B-- Administrative Orders
________________________________________________________________________
Notice of January 18, 2008
Continuation of the National Emergency With Respect to Terrorists Who
Threaten To Disrupt the Middle East Peace Process
On January 23, 1995, by Executive Order 12947, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by grave acts of violence
committed by foreign terrorists who threaten to disrupt the Middle East
peace process. On August 20, 1998, by Executive Order 13099, the
President modified the Annex to Executive Order 12947 to identify four
additional persons, including Usama bin Laden, who threaten to disrupt
the Middle East peace process.
Because these terrorist activities continue to threaten the Middle East
peace process and to pose an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States, the
national emergency declared on January 23, 1995, as expanded on August
20, 1998, and the measures adopted on those dates to deal with that
emergency must continue in effect beyond January 23, 2008. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency with
respect to foreign terrorists who threaten to disrupt the Middle East
peace process.
[[Page 268]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
January 18, 2008.
Presidential Determination No. 2008-8 of January 22, 2008
Determination on the Proposed Agreement for Cooperation Between the
United States of America and the Republic of Turkey Concerning Peaceful
Uses of Nuclear Energy
Memorandum for the Secretary of State [and] the Secretary of Energy
I have considered the proposed Agreement for Cooperation Between the
United States of America and the Republic of Turkey Concerning Peaceful
Uses of Nuclear Energy, signed at Ankara on July 26, 2000, along with
the views, recommendations, and statements of interested agencies.
I approve the proposed Agreement and have determined the performance of
the Agreement will promote, and will not constitute an unreasonable risk
to, the common defense and security.
The Secretary of State is authorized to publish this determination in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, January 22, 2008.
Presidential Determination No. 2008-9 of January 28, 2008
Waiver of Section 1083 of the National Defense Authorization Act for
Fiscal Year 2008
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, and section 1083(d) of the National Defense Authorization
Act for Fiscal Year 2008 (the ``Act''), I hereby determine that:
All provisions of section 1083 of the Act, if applied to Iraq or
any agency or instrumentality thereof, may affect Iraq or its agencies or
instrumentalities, by exposing Iraq or its agencies or instrumentalities to
liability in United States courts and by entangling their assets in
litigation.
The economic security and successful reconstruction of Iraq
continue to be top national security priorities of the United States.
Section 1083 of the Act threatens those key priorities. If permitted to
apply to Iraq, section 1083 would risk the entanglement of substantial
Iraqi assets in
[[Page 269]]
litigation in the United States--including those of the Development Fund
for Iraq, the Central Bank of Iraq, and commercial entities in the United
States in which Iraq has an interest. Section 1083 also would expose Iraq
to new liability of at least several billion dollars by undoing judgments
favorable to Iraq, by foreclosing available defenses on which Iraq is
relying in pending litigation, and by creating a new Federal cause of
action backed by the prospect of punitive damages to support claims that
may previously have been foreclosed. If permitted to apply to Iraq, section
1083 would have a significant financial impact on Iraq and would result in
the redirection of financial resources from the continued reconstruction of
Iraq and the harming of Iraq's stability, contrary to the interests of the
United States.
A waiver of all provisions of section 1083 with respect to Iraq
and any agency or instrumentality of Iraq is therefore in the national
security interest of the United States and will promote the reconstruction
of, the consolidation of democracy in, and the relations of the United
States with, Iraq.
Iraq continues to be a reliable ally of the United States and a
partner in combating acts of international terrorism. The November 26,
2007, Declaration of Principles for a Long-Term Relationship of Cooperation
and Friendship between the Republic of Iraq and the United States of
America confirmed the commitment of the United States and Iraq to build an
enduring relationship in the political, diplomatic, economic, and security
arenas and to work together to combat all terrorist groups, including al-
Qaida.
Accordingly, I hereby waive all provisions of section 1083 of the Act
with respect to Iraq and any agency or instrumentality thereof.
You are authorized and directed to notify the Congress of this
determination and waiver and the accompanying memorandum of
justification, incorporated by reference herein, and to arrange for
their publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, January 28, 2008.
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Presidential Determination No. 2008-10 of January 29, 2008
Unexpected Urgent Refugee and Migration Needs Related to Africa and the
Middle East
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and the laws of the
United States, including sections 2 and 4(a)(1) of the Migration and
Refugee Assistance Act of 1962 (the ``Act''), as amended (22 U.S.C. 2601
and 2603), and section 301 of title 3, United States Code:
(1) I hereby determine, pursuant to 2(c)(1) of the Act, that it is
important to the national interest to furnish assistance under the Act
in an amount not to exceed $32 million from the United States Emergency
Refugee and Migration Assistance Fund for the purpose of meeting
unexpected and urgent refugee and migration needs, including by
contributions to international, governmental, and nongovernmental
organizations and payment of administrative expenses of the Bureau of
Population, Refugees, and Migration of the Department of State, related
to humanitarian needs in Africa and in the West Bank and Gaza; and
(2) the functions of the President in relation to this memorandum under
2(d) of the Act, and of establishing terms and conditions under section
2(c)(1) of the Act, are assigned to you.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, January 29, 2008.
Notice of February 5, 2008
Continuation of the National Emergency Blocking Property of Certain
Persons Contributing to the Conflict in Cote d'Ivoire
On February 7, 2006, by Executive Order 13396, I declared a national
emergency and ordered related measures blocking the property of certain
persons contributing to the conflict in Cote d'Ivoire, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706). I
took this action to deal with the unusual and extraordinary threat to
the national security and foreign policy of the United States
constituted by the situation in or in relation to Cote d'Ivoire, which
has been addressed by the United Nations Security Council in Resolution
1572 of November 15, 2004, and subsequent resolutions, and has resulted
in the massacre of large numbers of civilians, widespread human rights
abuses, significant political violence and unrest, and attacks against
international peacekeeping forces leading to fatalities. Because the
situation in or in relation to Cote d'Ivoire continues to pose an
unusual and extraordinary threat to the national security and
[[Page 274]]
foreign policy of the United States, the national emergency declared on
February 7, 2006, and the measures adopted on that date to deal with
that emergency, must continue in effect beyond February 7, 2008.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency declared in Executive Order 13396.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
February 5, 2008.
Notice of February 6, 2008
Continuation of the National Emergency Relating to Cuba and of the
Emergency Authority Relating to the Regulation of the Anchorage and
Movement of Vessels
On March 1, 1996, by Proclamation 6867, a national emergency was
declared to address the disturbance or threatened disturbance of
international relations caused by the February 24, 1996, destruction by
the Cuban government of two unarmed U.S.-registered civilian aircraft in
international airspace north of Cuba. In July 1996 and on subsequent
occasions, the Cuban government stated its intent to forcefully defend
its sovereignty against any U.S.- registered vessels or aircraft that
might enter Cuban territorial waters or airspace while involved in a
flotilla or peaceful protest. Since these events, the Cuban government
has not demonstrated that it will refrain from the future use of
reckless and excessive force against U.S. vessels or aircraft that may
engage in memorial activities or peaceful protest north of Cuba. On
February 26, 2004, by Proclamation 7757, the scope of the national
emergency was expanded in order to deny monetary and material support to
the repressive Cuban government, which had taken a series of steps to
destabilize relations with the United States, including threatening to
abrogate the Migration Accords with the United States and to close the
United States Interests Section. Further, Cuba's most senior officials
repeatedly asserted that the United States intended to invade Cuba,
despite explicit denials from the U.S. Secretaries of State and Defense
that such action is planned. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing the national emergency with respect to Cuba and the emergency
authority relating to the regulation of the anchorage and movement of
vessels set out in Proclamation 6867 as amended and expanded by
Proclamation 7757.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
February 6, 2008.
[[Page 275]]
Presidential Determination No. 2008-11 of February 11, 2008
Implementation of Sections 603 and 604 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228)
Memorandum for the Secretary of State
Consistent with the authority contained in section 604 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228)(the
``Act''), and with reference to the determinations set out in the report
to be transmitted to the Congress pursuant to section 603 of that Act
regarding noncompliance by the Palestine Liberation Organization and the
Palestinian Authority with certain commitments, I hereby impose the
sanction set out in section 604(a)(2), ``Downgrade in Status of the PLO
Office in the United States.'' This sanction is imposed for a period of
180 days from the date hereof or until such time as the next report
required by section 603 of the Act is transmitted to the Congress,
whichever is later. You are authorized and directed to transmit to the
appropriate congressional committees the report described in section 603
of the Act.
Furthermore, I hereby determine that it is in the national security
interest of the United States to waive that sanction, pursuant to
section 604(c) of the Act. This waiver shall be effective for a period
of 180 days from the date hereof or until such time as the next report
required by section 603 of the Act is transmitted to the Congress,
whichever is later.
You are hereby authorized and directed to transmit this determination to
the Congress and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, February 11, 2008.
Presidential Determination No. 2008-12 of February 13, 2008
Implementation of Sections 603 and 604 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228)
Memorandum for the Secretary of State
Consistent with the authority contained in section 604 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228)(the
``Act''), and with reference to the determinations set out in the report
to be transmitted to the Congress pursuant to section 603 of that Act
regarding noncompliance by the Palestine Liberation Organization and the
Palestinian Authority with certain commitments, I hereby impose the
sanction set out in section 604(a)(2), ``Downgrade in Status of the PLO
Office in the United States.'' This sanction is imposed for a period of
180 days from the date hereof or until such time as the next report
required by section 603 of the Act is transmitted to the Congress,
whichever is later. You are authorized
[[Page 276]]
and directed to transmit to the appropriate congressional committees the
report described in section 603 of the Act.
Furthermore, I hereby determine that it is in the national security
interest of the United States to waive that sanction, pursuant to
section 604(c) of the Act. This waiver shall be effective for a period
of 180 days from the date hereof or until such time as the next report
required by section 603 of the Act is transmitted to the Congress,
whichever is later.
You are hereby authorized and directed to transmit this determination to
the Congress and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, February 13, 2008.
Memorandum of February 14, 2008
Assignment of Function Regarding Medicare Funding
Memorandum for the Secretary of Health and Human Services
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, you are directed to perform the function of the President
as described under section 802 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173, 31
U.S.C. 1105(h) (1)).
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, February 14, 2008.
Presidential Determination No. 2008-13 of February 28, 2008
Waiver of Restriction on Providing Funds to the Palestinian Authority
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 650(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (Division J, Public Law 110-161) (the ``Act''),
I hereby certify that it is important to the national security interests
of the United States to waive the provisions of section 650(a) of the
Act, in order to provide funds appropriated to carry out chapter 4 of
part II of the Foreign Assistance Act of 1961, as amended, to the
Palestinian Authority.
[[Page 277]]
You are directed to transmit this determination to the Congress, with a
report pursuant to section 650(d) of the Act, and to publish the
determination in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, February 28, 2008.
Notice of March 4, 2008
Continuation of the National Emergency With Respect to Zimbabwe
On March 6, 2003, by Executive Order 13288, I declared a national
emergency and blocked the property of persons undermining democratic
processes or institutions in Zimbabwe, pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706). I took this action
to deal with the unusual and extraordinary threat to the foreign policy
of the United States constituted by the actions and policies of certain
members of the Government of Zimbabwe and other persons to undermine
Zimbabwe's democratic processes or institutions. These actions have
contributed to the deliberate breakdown in the rule of law in Zimbabwe,
politically motivated violence and intimidation, and political and
economic instability in the southern African region. On November 22,
2005, I issued Executive Order 13391 to take additional steps with
respect to the national emergency declared in Executive Order 13288 by
ordering the blocking of the property of additional persons undermining
democratic processes or institutions in Zimbabwe.
Because the actions and policies of these persons continue to pose an
unusual and extraordinary threat to the foreign policy of the United
States, the national emergency declared on March 6, 2003, and the
measures adopted on that date and on November 22, 2005, to deal with
that emergency, must continue in effect beyond March 6, 2008. Therefore,
in accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency with
respect to the actions and policies of certain members of the Government
of Zimbabwe and other persons to undermine Zimbabwe's democratic
processes or institutions.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
March 4, 2008.
[[Page 278]]
Presidential Determination No. 2008-14 of March 7, 2008
Unexpected Urgent Refugee and Migration Needs Related to Kenya
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and the laws of the
United States, including sections 2 and 4(a)(1) of the Migration and
Refugee Assistance Act of 1962 (the ``Act''), as amended (22 U.S.C. 2601
and 2603), and section 301 of title 3, United States Code:
(1) I hereby determine, pursuant to section 2(c)(1) of the Act, that it
is important to the national interest to furnish assistance under the
Act, in an amount not to exceed $4.9 million from the United States
Emergency Refugee and Migration Assistance Fund for the purpose of
meeting unexpected and urgent refugee and migration needs, including by
contributions to international, governmental, and nongovernmental
organizations and payment of administrative expenses of the Bureau of
Population, Refugees and Migration of the Department of State, related
to humanitarian needs in Kenya and for Kenyan refugees in neighboring
countries; and
(2) the functions of the President in relation to this memorandum under
section 2(d) of the Act, and of establishing terms and conditions under
section 2(c)(1) of the Act, are assigned to you, and you may further
assign such functions to any of your subordinates, consistent with
applicable law.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, March 7, 2008.
Notice of March 11, 2008
Continuation of the National Emergency With Respect to Iran
On March 15, 1995, by Executive Order 12957, the President declared a
national emergency with respect to Iran pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States constituted by the actions and
policies of the Government of Iran. On May 6, 1995, the President issued
Executive Order 12959 imposing more comprehensive sanctions to further
respond to this threat, and on August 19, 1997, the President issued
Executive Order 13059 consolidating and clarifying the previous orders.
Because the actions and policies of the Government of Iran continue to
pose an unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States, the national emergency
declared on March 15, 1995, must continue in effect beyond March 15,
2008. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50
[[Page 279]]
U.S.C. 1622(d)), I am continuing for 1 year the national emergency with
respect to Iran. Because the emergency declared by Executive Order 12957
constitutes an emergency separate from that declared on November 14,
1979, by Executive Order 12170, this renewal is distinct from the
emergency renewal of November 2007. This notice shall be published in
the Federal Register and transmitted to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
March 11, 2008.
Presidential Determination No. 2008-15 of March 19, 2008
Eligibility of Kosovo to Receive Defense Articles and Defense Services
Under the Foreign Assistance Act of 1961, as Amended, and the Arms
Export Control Act, as Amended
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and the laws
of the United States, including section 503(a) of the Foreign Assistance
Act of 1961, as amended, and section 3(a)(1) of the Arms Export Control
Act, as amended, I hereby find that the furnishing of defense articles
and defense services to Kosovo will strengthen the security of the
United States and promote world peace.
You are authorized and directed to transmit this determination to the
Congress and to arrange for the publication of this determination in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, March 19, 2008.
Presidential Determination No. 2008-16 of March 24, 2008
Determination To Waive Military Coup-Related Provision of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2008, With Respect to Pakistan
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and laws of
the United States, including section 1(b) of Public Law 107-57, as
amended, I hereby determine and certify, with respect to Pakistan, that
a waiver of section 608 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2008 (Consolidated
Appropriations Act, 2008, Public Law 110-161; the ``Act''):
(a) would facilitate the transition to democratic rule in Pakistan; and
[[Page 280]]
(b) is important to U.S. efforts to respond to, deter, or prevent acts of
international terrorism.
Accordingly, I hereby waive, with respect to Pakistan, section 608 of
such Act.
You are authorized and directed to transmit this determination to the
Congress and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, March 24, 2008.
Presidential Determination No. 2008-17 of March 28, 2008
Determinations Under Section 1106(a) of the Omnibus Trade and
Competitiveness Act of 1988--Ukraine
Memorandum for the United States Trade Representative
Pursuant to section 1106(a) of the Omnibus Trade and Competitiveness Act
of 1988 (19 U.S.C. 2905(a)) (the ``Act''), I determine that state
trading enterprises account for a significant share of Ukraine's exports
and goods that compete with imports into Ukraine. I further determine
that such state trading enterprises unduly burden and restrict, or
adversely affect, the foreign trade of the United States or the United
States economy, or are likely to result in such burden, restriction, or
effect.
Ukraine is seeking to become a member of the World Trade Organization
(WTO). The terms and conditions for Ukraine's accession to the WTO
include Ukraine's commitments that it will ensure that all state trading
enterprises will make purchases of goods and services that are not
intended for governmental use, and sales in international trade in
accordance with commercial considerations (including price, quality,
availability, marketability, and transportation) and that U.S. firms
will have an adequate opportunity, in conformity with customary
practice, to compete for such purchases or sales.
The obligations that Ukraine will assume under the WTO Agreement,
including Ukraine's protocol of accession, meet the requirements of
section 1106(b)(2)(A) of the Act (19 U.S.C. 2905(b)(2)(A)), and thus my
determinations under section 1106(a) do not require invocation of the
nonapplication provisions of the Marrakesh Agreement Establishing the
WTO with regard to Ukraine.
You are directed to publish this determination in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, March 28, 2008.
[[Page 281]]
Memorandum of March 28, 2008
Assignment of Functions Under Section 1821(c) of the Implementing
Recommendations of the 9/11 Commission Act of 2007
Memorandum for the Secretary of State
By virtue of the authority vested in me as President by the Constitution
and the laws of the United States, including section 301 of title 3,
United States Code, I hereby assign to you the functions of the
President under section 1821(c) of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110-53).
In the performance of your responsibility under this memorandum, you
shall, as appropriate, consult the heads of other departments and
agencies.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, March 28, 2008.
Memorandum of April 10, 2008
Designation of the Committee on Technology of the National Science and
Technology Council To Carry Out Certain Requirements of the America
COMPETES Act
Memorandum for the Director of the Office of Science and Technology
Policy
By the authority vested in me as President of the United States by the
Constitution and the laws of the United States of America, including
section 1006(e) of the America COMPETES Act (Public Law 110-69) (the
``Act''), I hereby designate the Committee on Technology of the National
Science and Technology Council to carry out the responsibilities
assigned to the Council on Innovation and Competitiveness in section
1006 of the Act.
The Director of the Office of Science and Technology Policy is
authorized and directed to publish this memorandum in the Federal
Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, April 10, 2008.
[[Page 282]]
Presidential Determination No. 2008-18 of April 10, 2008
Waiver and Certification of Statutory Provisions Regarding the Palestine
Liberation Organization Office
Memorandum for the Secretary of State
Pursuant to the authority and conditions contained in section 634(d) of
the Department of State, Foreign Operations and Related Programs
Appropriations Act, 2008 (Div. J, Public Law 110-161), I hereby
determine and certify that it is important to the national security
interests of the United States to waive the provisions of section 1003
of the Anti-Terrorism Act of 1987, Public Law 100-204.
This waiver shall be effective for a period of 6 months from the date
hereof. You are hereby authorized and directed to transmit this
determination to the Congress and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, April 10, 2008.
Presidential Determination No. 2008-19 of May 5, 2008
Proposed Agreement Between the Government of the United States of
America and the Government of the Russian Federation for Cooperation in
the Field of Peaceful Uses of Nuclear Energy
Memorandum for the Secretary of State [and] the Secretary of Energy
I have considered the proposed Agreement Between the Government of the
United States of America and the Government of the Russian Federation
for Cooperation in the Field of Peaceful Uses of Nuclear Energy, along
with the views, recommendations, and statements of interested agencies.
I have determined that the performance of the Agreement will promote,
and will not constitute an unreasonable risk to, the common defense and
security. Pursuant to section 123 b. of the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2153(b)), I hereby approve the proposed Agreement
and authorize the Secretary of State to arrange for its execution.
The Secretary of State is authorized to publish this determination in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, May 5, 2008.
[[Page 283]]
Memorandum of May 6, 2008
Assignment of Reporting Function Under Subsection 1225(a) of the John
Warner National Defense Authorization Act for Fiscal Year 2007
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, I hereby assign to you the function of the President
under subsection 1225(a) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, May 6, 2008.
Notice of May 7, 2008
Continuation of the National Emergency Blocking Property of Certain
Persons and Prohibiting the Export of Certain Goods to Syria
On May 11, 2004, pursuant to my authority under the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706) and the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003 (Public
Law 108-175), I issued Executive Order 13338, in which I declared a
national emergency with respect to the actions of the Government of
Syria. To deal with this national emergency, Executive Order 13338
authorized the blocking of property of certain persons and prohibited
the exportation or re-exportation of certain goods to Syria. On April
25, 2006, and February 13, 2008, I issued Executive Order 13399 and
Executive Order 13460, respectively, to take additional steps with
respect to this national emergency.
I took these actions to deal with the unusual and extraordinary threat
to the national security, foreign policy, and economy of the United
States constituted by the actions of the Government of Syria in
supporting terrorism, maintaining its then-existing occupation of
Lebanon, pursuing weapons of mass destruction and missile programs
including the recent revelation of illicit nuclear cooperation with
North Korea, and undermining U.S. and international efforts with respect
to the stabilization and reconstruction of Iraq.
Because the actions and policies of the Government of Syria continue to
pose an unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States, the national emergency
declared
[[Page 284]]
on May 11, 2004, and the measures adopted on that date and on April 25,
2006, in Executive Order 13399, and on February 13, 2008, in Executive
Order 13460, to deal with that emergency, must continue in effect beyond
May 11, 2008. Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year
the national emergency authorizing the blocking of property of certain
persons and prohibiting the exportation or re-exportation of certain
goods to Syria.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
May 7, 2008.
Notice of May 16, 2008
Continuation of the National Emergency With Respect to Burma
On May 20, 1997, the President issued Executive Order 13047, certifying
to the Congress under section 570(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997 (Public Law
104-208), that the Government of Burma has engaged in large-scale
repression of the democratic opposition in Burma after September 30,
1996, thereby invoking the prohibition on new investment in Burma by
United States persons contained in that section. The President also
declared a national emergency to deal with the threat posed to the
national security and foreign policy of the United States by the actions
and policies of the Government of Burma, invoking the authority, inter
alia, of the International Emergency Economic Powers Act, 50 U.S.C. 1701
et seq.
On July 28, 2003, I issued Executive Order 13310 taking additional steps
with respect to that national emergency by putting in place an import
ban required by the Burmese Freedom and Democracy Act of 2003 and
prohibiting exports of financial services to Burma and the dealing in
property in which certain designated Burmese persons have an interest.
On October 18, 2007, I issued Executive Order 13448 to expand
prohibitions to include the Burmese regime's financial supporters and
their companies, as well as individuals determined to be responsible for
or to have participated in human rights abuses or to have engaged in
activities facilitating public corruption. On April 30, 2008, I issued
Executive Order 13464 taking additional steps with respect to the
Government of Burma's continued repression of the democratic opposition
in Burma.
Because the actions and policies of the Government of Burma continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States, the national emergency declared on
May 20, 1997, and expanded on October 18, 2007, and April 30, 2008, and
the measures adopted to deal with that emergency, must continue in
effect beyond May 20, 2008. Therefore, in accordance with section 202(d)
of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for
1 year the
[[Page 285]]
national emergency with respect to Burma. This notice shall be published
in the Federal Register and transmitted to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
May 16, 2008.
Notice of May 20, 2008
Continuation of the National Emergency With Respect to the Stabilization
of Iraq
On May 22, 2003, by Executive Order 13303, I declared a national
emergency protecting the Development Fund for Iraq and certain other
property in which Iraq has an interest, pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706) (IEEPA). I took this
action to deal with the unusual and extraordinary threat to the national
security and foreign policy of the United States posed by obstacles to
the orderly reconstruction of Iraq, the restoration and maintenance of
peace and security in the country, and the development of political,
administrative, and economic institutions in Iraq.
In Executive Order 13315 of August 28, 2003, Executive Order 13350 of
July 29, 2004, Executive Order 13364 of November 29, 2004, and Executive
Order 13438 of July 17, 2007, I modified the scope of the national
emergency declared in Executive Order 13303 and amended the steps taken
pursuant to it.
Because the obstacles to the orderly reconstruction of Iraq, the
restoration and maintenance of peace and security in the country, and
the development of political, administrative, and economic institutions
in Iraq continue to pose an unusual and extraordinary threat to the
national security and foreign policy of the United States, the national
emergency declared on May 22, 2003, and the measures adopted on that
date, August 28, 2003, July 29, 2004, November 29, 2004, and July 17,
2007, to deal with that emergency must continue in effect beyond May 22,
2008. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to the stabilization of Iraq.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
May 20, 2008.
[[Page 286]]
Presidential Determination No. 2008-20 of June 4, 2008
Suspension of Limitations Under the Jerusalem Embassy Act
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President by the Constitution
and the laws of the United States, including section 7(a) of the
Jerusalem Embassy Act of 1995 (Public Law 104-45) (the ``Act''), I
hereby determine that it is necessary, in order to protect the national
security interests of the United States, to suspend for a period of 6
months the limitations set forth in sections 3(b) and 7(b) of the Act.
My Administration remains committed to beginning the process of moving
our Embassy to Jerusalem.
You are hereby authorized and directed to transmit this determination to
the Congress, accompanied by a report in accordance with section 7(a) of
the Act, and to publish the determination in the Federal Register.
This suspension shall take effect after transmission of this
determination and report to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 4, 2008.
Notice of June 6, 2008
Continuation of the National Emergency With Respect to the Actions and
Policies of Certain Members of the Government of Belarus and Other
Persons Undermining Democratic Processes or Institutions in Belarus
On June 16, 2006, by Executive Order 13405, I declared a national
emergency and ordered related measures blocking the property of certain
persons undermining democratic processes or institutions in Belarus,
pursuant to the International Emergency Economic Powers Act (50 U.S.C.
1701-1706). I took this action to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the actions and policies of certain members
of the Government of Belarus and other persons that have undermined
democratic processes or institutions; committed human rights abuses
related to political repression, including detentions and
disappearances; and engaged in public corruption, including by diverting
or misusing Belarusian public assets or by misusing public authority.
Because these actions and policies continue to pose an unusual and
extraordinary threat to the national security and foreign policy of the
United States, the national emergency declared on June 16, 2006, and the
measures adopted on that date to deal with that emergency, must continue
in effect beyond June 16, 2008. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency declared in Executive Order
13405.
[[Page 287]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
June 6, 2008.
Notice of June 18, 2008
Continuation of the National Emergency With Respect to the Risk of
Nuclear Proliferation Created by the Accumulation of Weapons-Usable
Fissile Material in the Territory of the Russian Federation
On June 21, 2000, President Clinton issued Executive Order 13159 (the
``order'') blocking property and interests in property of the Government
of the Russian Federation that are in the United States, that hereafter
come within the United States, or that are or hereafter come within the
possession or control of United States persons that are directly related
to the implementation of the Agreement Between the Government of the
United States of America and the Government of the Russian Federation
Concerning the Disposition of Highly Enriched Uranium Extracted from
Nuclear Weapons, dated February 18, 1993, and related contracts and
agreements (collectively, the ``HEU Agreements''). The HEU Agreements
allow for the downblending of highly enriched uranium derived from
nuclear weapons to low enriched uranium for peaceful commercial
purposes. The order invoked the authority, inter alia, of the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and
declared a national emergency to deal with the unusual and extraordinary
threat to the national security and foreign policy of the United States
posed by the risk of nuclear proliferation created by the accumulation
of a large volume of weapons-usable fissile material in the territory of
the Russian Federation.
The national emergency declared on June 21, 2000, must continue beyond
June 21, 2008, to provide continued protection from attachment,
judgment, decree, lien, execution, garnishment, or other judicial
process for the property and interests in property of the Government of
the Russian Federation that are directly related to the implementation
of the HEU Agreements and subject to U.S. jurisdiction. Therefore, in
accordance with section 202 (d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency with
respect to the risk of nuclear proliferation created by the accumulation
of weapons-usable fissile material in the territory of the Russian
Federation. This notice shall be published in the Federal Register and
transmitted to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
June 18, 2008.
[[Page 288]]
Presidential Determination No. 2008-21 of June 20, 2008
Waiving the Prohibition on the Use of Economic Support Funds With
Respect to Various Parties to the Rome Statute Establishing the
International Criminal Court
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and the laws
of the United States, including section 574 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2006 (Public
Law 109-102), as carried forward by the Revised Continuing
Appropriations Resolution, 2007 (Public Law 110-5), I hereby:
Determine that it is important to the national interests of the
United States to waive the prohibition of aforementioned section 574(a)
with respect to Bolivia, Costa Rica, Cyprus, Ecuador, Kenya, Mali,
Mexico, Namibia, Niger, Paraguay, Peru, Samoa, South Africa, and
Tanzania; and
Waive the prohibition of aforementioned section 574(a) with
respect to these countries.
You are authorized and directed to report this determination to the
Congress and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 20, 2008.
Presidential Determination No. 2008-22 of June 20, 2008
Unexpected Urgent Refugee and Migration Needs Related to Africa, the
Middle East, Asia, and the Western Hemisphere
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and the laws of the
United States, including sections 2 and 4(a)(1) of the Migration and
Refugee Assistance Act of 1962 (the ``Act''), as amended, (22 U.S.C.
2601 and 2603), and section 301 of title 3, United States Code:
(1) I hereby determine, pursuant to section 2(c)(1) of the Act, that it
is important to the national interest to furnish assistance under the
Act in an amount not to exceed $32.8 million from the United States
Emergency Refugee and Migration Assistance Fund for the purpose of
meeting unexpected and urgent refugee and migration needs, including by
contributions to international, governmental, and nongovernmental
organizations, and payment of administrative expenses of the Bureau of
Population, Refugees, and Migration of the Department of State, related
to humanitarian needs in Africa, the Middle East, Asia, and the Western
Hemisphere; and
(2) the functions of the President in relation to this memorandum under
section 2(d) of the Act, and of establishing terms and conditions under
section 2(c)(1) of the Act, are assigned to you, and you may further
assign such functions to your subordinates, consistent with applicable
law.
[[Page 289]]
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 20, 2008.
Notice of June 24, 2008
Continuation of the National Emergency With Respect to the Western
Balkans
On June 26, 2001, by Executive Order 13219, I declared a national
emergency with respect to the Western Balkans pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to
deal with the unusual and extraordinary threat to the national security
and foreign policy of the United States constituted by the actions of
persons engaged in, or assisting, sponsoring, or supporting (i)
extremist violence in the Republic of Macedonia and elsewhere in the
Western Balkans region, or (ii) acts obstructing implementation of the
Dayton Accords in Bosnia or United Nations Security Council Resolution
1244 of June 10, 1999, in Kosovo. I subsequently amended that order in
Executive Order 13304 of May 28, 2003.
Because the actions of persons threatening the peace and international
stabilization efforts in the Western Balkans continue to pose an unusual
and extraordinary threat to the national security and foreign policy of
the United States, the national emergency declared on June 26, 2001, and
the measures adopted on that date and thereafter to deal with that
emergency, must continue in effect beyond June 26, 2008. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency with
respect to the Western Balkans.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
June 24, 2008.
Memorandum of June 26, 2008
Certification of Rescission of North Korea's Designation as a State
Sponsor of Terrorism
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, and consistent with section 6(j)(4)(B) of the Export
Administration Act of 1979, Public Law 96-72, as amended (50 U.S.C. App.
[[Page 290]]
2405(j)), and as continued in effect by Executive Order 13222 of August
17, 2001, 66 FR 44025, I hereby certify, with respect to the rescission
of the determination of January 20, 1988, regarding North Korea that:
(i) the Government of North Korea has not provided any support for
international terrorism during the preceding 6-month period; and
(ii) the Government of North Korea has provided assurances that it will not
support acts of international terrorism in the future.
This certification shall also satisfy the provisions of section
620A(c)(2) of the Foreign Assistance Act of 1961, Public Law 87-195, as
amended (22 U.S.C. 2371(c)), and section 40(f)(1)(B) of the Arms Export
Control Act, Public Law 90-629, as amended (22 U.S.C. 2780(f)).
You are authorized and directed to report this certification and the
attached memorandum justifying the rescission to the Congress and to
arrange for the publication of this certification in the Federal
Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 26, 2008.
Notice of July 16, 2008
Continuation of the National Emergency With Respect to the Former
Liberian Regime of Charles Taylor
On July 22, 2004, by Executive Order 13348, I declared a national
emergency and ordered related measures, including the blocking of the
property of certain persons connected to the former Liberian regime of
Charles Taylor, pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701-1706). I took this action to deal with the unusual
and extraordinary threat to the foreign policy of the United States
constituted by the actions and policies of former Liberian President
Charles Taylor and other persons, in particular their unlawful depletion
of Liberian resources and their removal from Liberia and secreting of
Liberian funds and property, which have undermined Liberia's transition
to democracy and the orderly development of its political,
administrative, and economic institutions and resources. I further noted
that the Comprehensive Peace Agreement signed on August 18, 2003, and
the related cease-fire had not yet been universally implemented
throughout Liberia, and that the illicit trade in round logs and timber
products was linked to the proliferation of and trafficking in illegal
arms, which perpetuated the Liberian conflict and fueled and exacerbated
other conflicts throughout West Africa.
The actions and policies of Charles Taylor and others have left a legacy
of destruction that continues to undermine Liberia's transformation and
recovery. Because the actions and policies of these persons continue to
pose an unusual and extraordinary threat to the foreign policy of the
United States, the national emergency declared on July 22, 2004, and the
measures adopted on that date to deal with that emergency, must continue
in effect
[[Page 291]]
beyond July 22, 2008. Therefore, in accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency declared in Executive Order 13348.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
July 16, 2008.
Notice of July 23, 2008
Continuation of Emergency Regarding Export Control Regulations
On August 17, 2001, consistent with the authority provided to me under
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), I issued Executive Order 13222. In that order, I declared a
national emergency with respect to the unusual and extraordinary threat
to the national security, foreign policy, and economy of the United
States in light of the expiration of the Export Administration Act of
1979, as amended (50 U.S.C. App. 2401 et seq.). Because the Export
Administration Act has not been renewed by the Congress, the national
emergency declared on August 17, 2001, must continue in effect beyond
August 17, 2008. Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year
the national emergency declared in Executive Order 13222.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
July 23, 2008.
Presidential Determination No. 2008-23 of July 25, 2008
Emergency Fund Drawdown to Assist Zimbabwean Refugees in South Africa,
Botswana, Mozambique, and Zambia
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and the laws of the
United States, including sections 2 and 4(a)(1) of the Migration and
Refugee Assistance Act of 1962 (the ``Act''), as amended (22 U.S.C. 2601
and 2603) and section 301 of title 3, United States Code:
(1) I hereby determine, pursuant to 2(c)(1) of the Act, that it is
important to the national interest to furnish assistance under the Act,
in an amount not to exceed $2.5 million from the United States Emergency
Refugee and
[[Page 292]]
Migration Assistance Fund, for the purpose of meeting unexpected and
urgent refugee and migration needs, including by contributions to
international, governmental, and nongovernmental organizations and
payment of administrative expenses of the Bureau of Population,
Refugees, and Migration of the Department of State, related to
humanitarian needs of Zimbabwean refugees and asylum seekers; and
(2) the functions of the President in relation to this memorandum under
section 2(d) of the Act, and of establishing terms and conditions under
section 2(c)(1) of the Act, are assigned to you, and you may further
assign such functions to any of your subordinates, consistent with
applicable law.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, July 25, 2008.
Notice of July 30, 2008
Continuation of the National Emergency With Respect To the Actions of
Certain Persons To Undermine the Sovereignty of Lebanon Or Its
Democratic Processes And Institutions
On August 1, 2007, by Executive Order 13441, I declared a national
emergency and ordered related measures blocking the property of certain
persons undermining the sovereignty of Lebanon or its democratic
processes or institutions and certain other persons, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706). I
took this action to deal with the unusual and extraordinary threat to
the national security and foreign policy of the United States
constituted by the actions of certain persons to undermine Lebanon's
legitimate and democratically elected government or democratic
institutions, to contribute to the deliberate breakdown in the rule of
law in Lebanon, including through politically motivated violence and
intimidation, to reassert Syrian control or contribute to Syrian
interference in Lebanon, or to infringe upon or undermine Lebanese
sovereignty which contributes to political and economic instability in
that country and the region.
Because these actions continue to pose an unusual and extraordinary
threat to the national security and foreign policy of the United States,
the national emergency declared on August 1, 2007, and the measures
adopted on that date to deal with that emergency, must continue in
effect beyond August 1, 2008. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency declared in Executive Order
13441.
[[Page 293]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
July 30, 2008.
Presidential Determination No. 2008-24 of August 15, 2008
Continuation of U.S. Drug Interdiction Assistance to the Government of
Colombia
Memorandum for the Secretary of State [and] the Secretary of Defense
Pursuant to the authority vested in me by section 1012 of the National
Defense Authorization Act for Fiscal Year 1995, as amended (22 U.S.C.
2291-4), I hereby certify, with respect to Colombia, that (1)
interdiction of aircraft reasonably suspected to be primarily engaged in
illicit drug trafficking in that country's airspace is necessary because
of the extraordinary threat posed by illicit drug trafficking to the
national security of that country; and (2) that country has appropriate
procedures in place to protect against innocent loss of life in the air
and on the ground in connection with such interdiction, which shall at a
minimum include effective means to identify and warn an aircraft before
the use of force is directed against the aircraft.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register and to notify the Congress of this
determination.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, August 15, 2008.
Notice of August 28, 2008
Continuation of the National Emergency With Respect To Certain Terrorist
Attacks
Consistent with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency I
declared on September 14, 2001, in Proclamation 7463, with respect to
the terrorist attacks at the World Trade Center, New York, New York, the
Pentagon, and aboard United Airlines flight 93, and the continuing and
immediate threat of further attacks on the United States.
Because the terrorist threat continues, the national emergency declared
on September 14, 2001, and the powers and authorities adopted to deal
with that emergency, must continue in effect beyond September 14, 2008.
Therefore, I am continuing in effect for an additional year the national
emergency I declared on September 14, 2001, with respect to the
terrorist threat.
[[Page 294]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
August 28, 2008.
Presidential Determination No. 2008-25 of August 28, 2008
Emergency Fund Drawdown to Assist Georgian Victims of Conflict
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and the laws of the
United States, including sections 2 and 4(a)(1) of the Migration and
Refugee Assistance Act of 1962 (the ``Act''), as amended, (22 U.S.C.
2601 and 2603) and section 301 of title 3, United States Code:
(1) I hereby determine, pursuant to section 2(c)(1) of the Act, that it
is important to the national interest to furnish assistance under the
Act, in an amount not to exceed $5.75 million from the United States
Emergency Refugee and Migration Assistance Fund, for the purpose of
meeting unexpected and urgent refugee and migration needs, including by
contributions to international, governmental, and nongovernmental
organizations and payment of administrative expenses of the Bureau of
Population, Refugees, and Migration of the Department of State, related
to the humanitarian needs of conflict victims and those displaced by
recent violence in Georgia.
(2) I hereby assign to you the functions of the President in relation to
this memorandum under section 2(d) of the Act, and of establishing terms
and conditions under section 2(c)(1) of the Act, and you may further
assign such functions to your subordinates, consistent with applicable
law.
You are authorized and directed to publish this memorandum in the
Federal Register .
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, August 28, 2008.
Presidential Determination No. 2008-26 of September 10, 2008
Proposed Agreement for Cooperation Between the Government of the United
States of America and the Government of India Concerning Peaceful Uses
of Nuclear Energy
Memorandum for the Secretary of State [and] the Secretary of Energy
I have considered the Proposed Agreement for Cooperation Between the
Government of the United States of America and the Government of India
[[Page 295]]
Concerning Peaceful Uses of Nuclear Energy, along with the views,
recommendations, and statements of interested agencies.
I have determined that the performance of the Agreement will promote,
and will not constitute an unreasonable risk to, the common defense and
security. Pursuant to section 123 b. of the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2153(B)), I hereby approve the proposed agreement
and authorize the Secretary of State to arrange for its execution.
In addition, pursuant to the authority vested in me by the Constitution
and the laws of the United States of America, including the Henry J.
Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006
(Public Law 109-401), I hereby determine that:
1. India has provided the United States and the IAEA with a credible
plan to separate civil and military nuclear facilities, materials, and
programs, and has filed a declaration regarding its civil facilities and
materials with the IAEA;
2. India and the IAEA have concluded all legal steps required prior to
signature by the parties of an agreement requiring the application of
IAEA safeguards in perpetuity in accordance with IAEA standards,
principles, and practices (including IAEA Board of Governors Document
GOV/1621 (1973)) to India's civil nuclear facilities, materials, and
programs as declared in the plan described in paragraph (1), including
materials used in or produced through the use of India's civil nuclear
facilities;
3. India and the IAEA are making substantial progress toward concluding
an Additional Protocol consistent with IAEA principles, practices, and
policies that would apply to India's civil nuclear program;
4. India is working actively with the United States for the early
conclusion of a multilateral treaty on the cessation of the production
of fissile materials for use in nuclear weapons or other nuclear
explosive devices;
5. India is working with and supporting United States and international
efforts to prevent the spread of enrichment and reprocessing technology
to any state that does not already possess full-scale, functioning
enrichment or reprocessing plants;
6. India is taking the necessary steps to secure nuclear and other
sensitive materials and technology, including through (A) the enactment
and effective enforcement of comprehensive export control legislation
and regulations; (B) harmonization of its export control laws,
regulations, policies, and practices with the guidelines and practices
of the Missile Technology Control Regime (MTCR) and the Nuclear
Suppliers Group (NSG); and (C) adherence to the MTCR and the NSG in
accordance with the procedures of those regimes for unilateral
adherence; and
7. The NSG has decided by consensus to permit supply to India of nuclear
items covered by the guidelines of the NSG.
I therefore hereby (1) exempt the proposed Agreement for Cooperation
Between the Government of the United States of America and the
Government of India Concerning Peaceful Uses of Nuclear Energy arranged
pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153) from the requirement of subsection 123 a.(2) of such section; (2)
waive the application of section 128 of the Atomic Energy Act of 1954
(42 U.S.C. 2157) with
[[Page 296]]
respect to exports to India; and (3) waive with respect to India the
application of:
(A) subsection 129 a.(1)(D) of the Atomic Energy Act of 1954 (42 U.S.C.
2158(a)(1)(D)); and
(B) section 129 of the Atomic Energy Act of 1954 (42 U.S.C. 2158)
regarding any actions that occurred before July 18, 2005.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 10, 2008.
Presidential Determination No. 2008-27 of September 12, 2008
Continuation of the Exercise of Certain Authorities Under the Trading
With the Enemy Act
Memorandum for the Secretary of State [and] the Secretary of the
Treasury
Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App.
5(b) note), and a previous determination on September 13, 2007 (72 FR
53409), the exercise of certain authorities under the Trading With the
Enemy Act is scheduled to terminate on September 14, 2008.
I hereby determine that the continuation for 1 year of the exercise of
those authorities with respect to Cuba is in the national interest of
the United States.
Therefore, consistent with the authority vested in me by section 101(b)
of Public Law 95-223, I continue for 1 year, until September 14, 2009,
the exercise of those authorities with respect to Cuba as implemented by
the Cuban Assets Control Regulations, 31 C.F.R. Part 515.
The Secretary of the Treasury is authorized and directed to publish this
determination in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 12, 2008.
[[Page 297]]
Presidential Determination No. 2008-28 of September 15, 2008
Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal
Year 2009
Memorandum for the Secretary of State
Pursuant to section 706(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228) (FRAA), I hereby identify the
following countries as major drug transit or major illicit drug
producing countries: Afghanistan, The Bahamas, Bolivia, Brazil, Burma,
Colombia, Dominican Republic, Ecuador, Guatemala, Haiti, India, Jamaica,
Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, and Venezuela.
A country's presence on the Majors List is not necessarily an adverse
reflection of its government's counternarcotics efforts or level of
cooperation with the United States. Consistent with the statutory
definition of a major drug transit or drug producing country set forth
in section 481(e)(2) and (5) of the Foreign Assistance Act of 1961, as
amended (FAA), one of the reasons that major drug transit or illicit
drug producing countries are placed on the list is the combination of
geographic, commercial, and economic factors that allow drugs to transit
or be produced despite the concerned government's most assiduous
enforcement measures.
Pursuant to section 706(2)(A) of the FRAA, I hereby designate Bolivia,
Burma, and Venezuela as countries that have failed demonstrably during
the previous 12 months to adhere to their obligations under
international counternarcotics agreements and take the measures set
forth in section 489(a)(1) of the FAA. Attached to this report are
justifications for the determinations on Bolivia, Burma, and Venezuela,
as required by section 706(2)(B). I have also determined, in accordance
with provisions of section 706(3)(A) of the FRAA, that support for
programs to aid Venezuela's democratic institutions and continued
support for bilateral programs in Bolivia are vital to the national
interests of the United States.
Under the leadership of President Karzai, the Government of Afghanistan
has made some progress in combating narcotics. However, drug trafficking
remains a serious threat to the future of Afghanistan, contributing to
widespread public corruption, damaging legitimate economic growth, and
fueling violence and insurgency.
A successful counternarcotics strategy in Afghanistan hinges on
maintaining security, building public capacity, attaining local support,
and actively pursuing our joint counternarcotics strategy.
Poppy cultivation continues to be marked by the divide between the
increasingly poppy-free northern provinces and the insurgency-dominated
regions in the south. Through political will, and by using a mixture of
incentives and disincentives, governors in key northern provinces like
Badakshan and Nangarhar have significantly reduced poppy cultivation.
Inspired by the Nangarhar model, the newly appointed governor of the
southern province of Helmand has taken bold steps to implement the first
truly serious counternarcotics campaign in the province. It is clear
that progress in Helmand Province will not come easily. Drug control
efforts in
[[Page 298]]
this area of pronounced poppy cultivation are thwarted by heavily
entrenched Taliban centers of power. In 2007 Helmand Province cultivated
more than half of Afghanistan's illegal poppy crop.
Difficult security conditions greatly impede counternarcotics
operations, particularly in the south and southwest provinces, areas in
which the insurgency and organized crime groups predominate and where
over 85 percent of Afghan poppy is cultivated.
Drug-related corruption in Afghanistan--one of the most intransigent
problems in the country--must be confronted, particularly at provincial
and district government levels. Corruption and illegal drugs in
Afghanistan threaten to undermine all aspects of the country's efforts
to build a sustainable economic infrastructure and functioning
democracy.
The United States enjoys close cooperation with Canada across a broad
range of law enforcement issues. Both of our nations face a serious
challenge from the 2-way flow of drugs across our long border. While
Canada is primarily a drug consuming country, it is also a significant
producer of highly potent marijuana and has become the primary source
country for MDMA (ecstasy) available in the United States. Additionally,
Canada serves as a transit or diversion point for precursor chemicals
and over-the-counter pharmaceuticals used to produce illicit synthetic
drugs, most notably MDMA. While methamphetamine use has decreased in the
United States, due in large part to past efforts to reduce precursor
chemical diversion by Canadian authorities, production of finished
methamphetamine is increasing in Canada and could lead to greater
supplies in the United States. Canada is pursuing a new National Anti-
Drug Strategy that focuses on proven approaches to reduce drug use and
deter drug trafficking. The United States and Canada continue to work
productively in joint law enforcement operations that disrupt drug and
currency smuggling operations along the border.
The growing expansion of drug trafficking in Central America poses
serious challenges to the region's limited capability to combat both the
narcotics trade and organized crime. We are particularly concerned about
the increasing presence of drug trafficking organizations in Central
America that are fleeing more robust counternarcotics regimes elsewhere,
especially in Mexico and Colombia. Often unimpeded, traffickers use long
Central American coastlines for illegal maritime drug shipments. Even
though there have been noteworthy seizures, a high proportion of drugs
transiting Central America are not detected or seized.
The March 2008 gun battle between drug organizations in Guatemala
demonstrates that criminal organizations such as the Sinaloa cartel are
trying to reinforce their trafficking strongholds in Central America. In
2008, Guatemala passed new anti-organized crime and extradition laws.
While such actions are encouraging, Guatemala must work aggressively to
implement these measures, just as neighboring countries must redouble
their practical efforts to implement adopted reforms aimed at thwarting
criminal activity.
The United States is encouraged by the commitment of the Regional
Integration System to a regional response, such as sharing
counternarcotics intelligence. Support for cohesive regional
institution-building and practical law enforcement enhancements in
Central America are critical components
[[Page 299]]
to a successful regional counternarcotics strategy. We look forward to
working with Guatemala and other Central American nations to support
counternarcotics programs and the rule of law under the new Merida
Initiative.
The Government of Ecuador is committed to protecting its borders and
territory against drug trafficking and other transnational crimes. The
increased presence of Ecuadorian security forces in its counternarcotics
efforts provided a more effective deterrent to drug production and
trafficking. The identification of new trafficking trends and increased
staffing and inspection at all air, land, and sea ports are also helping
to hinder drug trafficking. With a system for tracking vessels already
in place, Ecuador is expanding this capability and more effectively
utilizing it as a tool for working with partner nations. The country's
ability to identify the nationality of ships is of special concern as
considerable cocaine destined for the United States has been detected on
Ecuadorian-flagged vessels.
The countries of West Africa have emerged as key transit hubs for Andean
cocaine trafficked through Venezuela and Brazil and destined for
European markets. This trafficking is undermining many of the already
fragile institutions of countries in the region. Narcotics traffickers
have focused their illegal activities in Guinea-Bissau, but have
recently extended their operations south to Guinea. The presence of
Latin American drug traffickers and the large quantities of cocaine
trafficked openly suggest that drug criminals may exercise the
prerogatives of sovereign nation-states in these two countries. West
Africa has long been a hub for illicit criminal networks. West African
states lack resources to sufficiently counter efforts by drug
trafficking organizations whose activity threatens the stability of
these countries and the well-being of their people.
International donors and organizations are working to assist governments
in their counternarcotic efforts. We support these efforts to preserve
and protect stability and positive growth in this region.
Nigeria, a major transit country for illicit drugs destined for the
United States, continues to make some progress on counternarcotics and
has cooperated effectively with the United States on drug-related money
laundering cases. Since it began operations in 2005, the Nigerian
Financial Intelligence Unit has investigated numerous suspicious
transaction reports that have resulted in high-profile convictions
recorded by the Economic and Financial Crimes Commission (EFCC).
However, recent developments in Nigeria raise questions about whether
the EFCC will remain an effective anticorruption agency. The United
States Government has had extradition requests pending in Nigeria for
years and is concerned that Nigeria's extradition practices and
procedures remain obstacles to the effectiveness of this essential
counternarcotics law enforcement tool. We are encouraged that Nigeria's
use of U.S.-donated body scanners at its four major international
airports has resulted in the arrest of numerous drug traffickers.
Moreover, we fully support the National Drug Law Enforcement Agency's
recent cooperation in regional search and seizure operations.
The Government of India maintains a strong track record of regulating,
monitoring, and curbing its licit opium production and distribution
process. India has introduced robust, high-tech methods to control
cultivation by licensed opium farmers. In this sense, India must
continue to refine its control measures to guard against the continuing
problem of diversion of licit opium crops, grown for the production of
pharmaceutical products, to
[[Page 300]]
illegal markets. The United States continues to be concerned about
illicit opium poppy production in certain areas of the country, such as
West Bengal and the state of Uttaranchal along the India-China Border,
previously thought to be free of such cultivation. Nevertheless, during
the past year the country has destroyed substantial areas of illicit
poppy cultivation. The Indian Government must also continue to
investigate cases of large, illicit poppy production and accordingly
bring perpetrators to trial. The United States, along with other foreign
governments and international organizations, has a good working
relationship with India to interdict the flow of narcotics being
smuggled across India's borders.
You are hereby authorized and directed to submit this report under
section 706 of the FRAA, transmit it to the Congress, and publish it in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 15, 2008.
Memorandum of September 18, 2008
Designation of Officers of the Council on Environmental Quality to Act
as Chairman of the Council on Environmental Quality
Memorandum for the Chairman of the Council on Environmental Quality
By the authority vested in me as President by the Constitution and laws
of the United States of America, including the Federal Vacancies Reform
Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2
of this memorandum, the following officials of the Council on
Environmental Quality in the order listed, shall act as and perform the
functions and duties of the office of the Chairman of the Council on
Environmental Quality (Chairman), during any period in which the
Chairman has died, resigned, or otherwise become unable to perform the
functions and duties of the office of Chairman until such time as the
Chairman is able to perform the functions and duties of that office:
(a) Chief of Staff;
(b) General Counsel; and
(c) Associate Directors in the order that they shall have been appointed
as such.
Sec. 2. Exceptions.
(a) No individual who is serving in an office listed in section 1 in an
acting capacity, by virtue of so serving, shall act as the Chairman
pursuant to this memorandum.
(b) No individual listed in section 1 shall act as Chairman unless that
individual is otherwise eligible to so serve under the Federal Vacancies
Reform Act of 1998.
[[Page 301]]
(c) Notwithstanding the provisions of this memorandum, the President
retains discretion, to the extent permitted by law, to depart from this
order in designating an acting Chairman.
Sec. 3. Judicial Review. This memorandum is intended to improve the
internal management of the executive branch and is not intended to, and
does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United States,
its departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Sec. 4. You are authorized and directed to publish this memorandum in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 18, 2008.
Notice of September 18, 2008
Continuation of the National Emergency With Respect to Persons Who
Commit, Threaten to Commit, or Support Terrorism
On September 23, 2001, by Executive Order 13224, I declared a national
emergency with respect to persons who commit, threaten to commit, or
support terrorism, pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706). I took this action to deal with the
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States constituted by the grave acts
of terrorism and threats of terrorism committed by foreign terrorists,
including the terrorist attacks in New York, in Pennsylvania, and
against the Pentagon committed on September 11, 2001, and the continuing
and immediate threat of further attacks against United States nationals
or the United States. Because the actions of these persons who commit,
threaten to commit, or support terrorism continue to pose an unusual and
extraordinary threat to the United States, the national emergency
declared on September 23, 2001, and the measures adopted on that date to
deal with that emergency, must continue in effect beyond September 23,
2008. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to persons who commit, threaten to
commit, or support terrorism.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
September 18, 2008.
[[Page 302]]
Memorandum of September 25, 2008
Assignment of Function Under Section 203(e)(2)(A) of the Andean Trade
Preference Act, As Amended
Memorandum for the United States Trade Representative
I propose to suspend Bolivia's designation as a beneficiary country
under the Andean Trade Preference Act, as amended (the ``Act''), and as
an Andean Trade Promotion and Drug Eradication Act beneficiary country.
By virtue of the authority vested in me by the Constitution and laws of
the United States, including section 301 of title 3 of the United States
Code and the Act, you are hereby assigned the function vested in me by
section 203(e)(2)(A) of the Act (19 U.S.C. 3202(e)(2)(A)), to publish a
notice in the Federal Register announcing the proposed action set forth
above.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 25, 2008.
Presidential Determination No. 2008-29 of September 30, 2008
Fiscal Year 2009 Refugee Admissions Numbers And Authorizations of In-
country Refugee Status Pursuant To Sections 207 And 101(A)(42),
Respectively, of the Immigration And Nationality Act, And Determination
Pursuant To Section 2(B)(2) of the Migration And Refugee Assistance Act,
As Amended
Memorandum for the Secretary of State [and] the Secretary of Homeland
Security
In accordance with section 207 of the Immigration and Nationality Act
(the ``Act'') (8 U.S.C. 1157), as amended, and after appropriate
consultations with the Congress, I hereby make the following
determinations and authorize the following actions:
The admission of up to 80,000 refugees to the United States during
Fiscal Year(FY) 2009 is justified by humanitarian concerns or is
otherwise in the national interest; provided, however, that this number
shall be understood as including persons admitted to the United States
during FY 2009 with Federal refugee resettlement assistance under the
Amerasian immigrant admissions program, as provided below. The ceiling
shall be construed as a maximum not to be exceeded and not a minimum to
be achieved.
[[Page 303]]
The 80,000 admissions numbers shall be allocated among refugees of
special humanitarian concern to the United States in accordance with the
following regional allocations; provided, however, that the number of
admissions allocated to the East Asia region shall include persons
admitted to the United States during FY 2009 with Federal refugee
resettlement assistance under section 584 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act of 1988, as
contained in section 101(e) of Public Law 100-202 (Amerasian immigrants
and their family members):
Africa 12,000
East Asia 19,000
Europe and Central Asia 2,500
Latin America/Caribbean 4,500
Near East/South Asia 37,000
Unallocated Reserve 5,000
The 5,000 unallocated refugee numbers shall be allocated to regional
ceilings, as needed. Upon providing notification to the Judiciary
Committees of the Congress, the Secretary of State is hereby authorized
to use unallocated admissions in regions where the need for additional
admissions arises.
Additionally, upon notification to the Judiciary Committees of the
Congress, the Secretary of State is further authorized to transfer
unused admissions allocated to a particular region to one or more other
regions, if there is a need for greater admissions for the region or
regions to which the admissions are being transferred. Consistent with
section 2(b)(2) of the Migration and Refugee Assistance Act of 1962, as
amended, I hereby determine that assistance to or on behalf of persons
applying for admission to the United States as part of the overseas
refugee admissions program will contribute to the foreign policy
interests of the United States and designate such persons for this
purpose.
Consistent with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)),
and after appropriate consultation with the Congress, I also specify
that, for FY 2009, the following persons may, if otherwise qualified, be
considered refugees for the purpose of admission to the United States
within their countries of nationality or habitual residence:
a. Persons in Vietnam
b. Persons in Cuba
c. Persons in the former Soviet Union
d. Persons in Iraq
e. In exceptional circumstances, persons identified by a
United States Embassy in any location
The Secretary of State is authorized and directed to report this
determination to the Congress immediately and to publish it in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 30, 2008.
[[Page 304]]
Memorandum of October 3, 2008
Designation of Officers of the Office of the Director of National
Intelligence to Act as Director of National Intelligence
Memorandum for the Director of National Intelligence
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq.,
it is hereby ordered that:
Section 1. Subject to the provisions of sections 2 and 3 of this
memorandum, the following officers of the office of the Director of
National Intelligence, in the order listed, shall act as and perform the
functions and duties of the office of the Director of National
Intelligence (DNI), during any period in which the DNI and the Principal
Deputy Director of National Intelligence have died, resigned, or
otherwise become unable to perform the functions and duties of the
office of the DNI, until such time as the DNI or the Principal Deputy
Director is able to perform the functions and duties of the office of
DNI:
(a) Director of the Intelligence Staff;
(b) Deputy Director of National Intelligence for Policy, Plans, and
Requirements;
(c) Deputy Director of National Intelligence for Analysis;
(d) Deputy Director of National Intelligence for Collection;
(e) Director of the National Counterterrorism Center; and
(f) National Counterintelligence Executive.
Sec. 2. National Security Act of 1947. This memorandum shall not
supersede the authority of the Principal Deputy Director of National
Intelligence to act for, and exercise the powers of, the Director of
National Intelligence during the absence or disability of the Director
of National Intelligence or during a vacancy in the position of Director
of National Intelligence (National Security Act of 1947, as amended, 50
U.S.C. 403-3a).
Sec. 3. Exceptions. (a) No individual who is serving in an office listed
in section 1 in an acting capacity, by virtue of so serving, shall act
as DNI pursuant to this memorandum.
(b) No individual listed in section 1 shall act as DNI unless that
individual is otherwise eligible to so serve under the Federal Vacancies
Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President
retains discretion, to the extent permitted by law, to depart from this
memorandum in designating an acting DNI.
Sec. 4. This memorandum supersedes the President's memorandum of
December 20, 2005 (Designation of Officers of the Office of the Director
of National Intelligence to Act as Director of National Intelligence).
Sec. 5. This memorandum is intended to improve the internal management
of the executive branch and is not intended to, and does not, create any
[[Page 305]]
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its agencies,
instrumentalities, or entities, its officers, employees, or agents, or
any other person.
Sec. 6. You are authorized and directed to publish this memorandum in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 3, 2008.
Presidential Determination No. 2009-1 of October 3, 2008
Unexpected Urgent Humanitarian Needs Related to Pakistan, Afghanistan,
and Georgia
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and the laws of the
United States, including sections 2 and 4(a)(1) of the Migration and
Refugee Assistance Act of 1962 (the ``Act''), as amended, (22 U.S.C.
2601 and 2603) and section 301 of title 3, United States Code:
(1) I hereby determine, pursuant to section 2(c)(1) of the Act, that it
is important to the national interest to furnish assistance under the
Act, in an amount not to exceed $8.3 million from the United States
Emergency Refugee and Migration Assistance Fund, for the purpose of
meeting unexpected and urgent refugee and migration needs in Pakistan
and Afghanistan resulting from intensified armed conflict and flooding,
and in Georgia due to recent violence, including by contributions to
international, governmental, and nongovernmental organizations, and
payment of administrative expenses of the Bureau of Population,
Refugees, and Migration of the Department of State; and
(2) The functions of the President in relation to this memorandum under
section 2(d) of the Act, and of establishing terms and conditions under
section 2(c)(1) of the Act, are assigned to you, and you may further
assign such functions to your subordinates, consistent with applicable
law.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 3, 2008.
[[Page 306]]
Presidential Determination No. 2009-2 of October 6, 2008
Waiver of Restriction on Providing Funds to the Palestinian Authority
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 650(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (Division J, Public Law 110-161) (the ``Act''),
as carried forward under section 1417 of the Supplemental Appropriations
Act, 2008 (Public Law 110-252) (the ``Supplemental''), I hereby certify
that it is important to the national security interests of the United
States to waive the provisions of section 650(a) of the Act, as carried
forward under the Supplemental, in order to provide funds appropriated
for fiscal year 2009 under the heading Economic Support Funds to the
Palestinian Authority.
You are directed to transmit this determination to the Congress, with a
report pursuant to section 650(d) of the Act, as carried forward under
the Supplemental, and to publish the determination in the Federal
Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 6, 2008.
Presidential Determination No. 2009-3 of October 9, 2008
Waiver and Certification of Statutory Provisions Regarding the Palestine
Liberation Organization Office
Memorandum for the Secretary of State
Pursuant to the authority and conditions contained in section 634(d) of
the Department of State, Foreign Operations and Related Programs
Appropriations Act, 2008 (Division J, Public Law 110-161), as carried
forward by the Continuing Appropriations Resolution, 2009 (Division A,
Public Law 110-329), I hereby determine and certify that it is important
to the national security interests of the United States to waive the
provisions of section 1003 of the Anti-Terrorism Act of 1987, Public Law
100-204.
This waiver shall be effective for a period of 6 months from the date
hereof. You are hereby authorized and directed to transmit this
determination to the Congress and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 9, 2008.
[[Page 307]]
Presidential Determination No. 2009-4 of October 15, 2008
Provision of U.S. Drug Interdiction Assistance to the Government of
Brazil
Memorandum for the Secretary of State [and] the Secretary of Defense
Pursuant to the authority vested in me by section 1012 of the National
Defense Authorization Act for Fiscal Year 1995, as amended (22 U.S.C.
2291-4), I hereby certify, with respect to Brazil, that (1) interdiction
of aircraft reasonably suspected to be primarily engaged in illicit drug
trafficking in that country's airspace is necessary because of the
extraordinary threat posed by illicit drug trafficking to the national
security of that country; and (2) that country has appropriate
procedures in place to protect against innocent loss of life in the air
and on the ground in connection with such interdiction, which shall at a
minimum include effective means to identify and warn an aircraft before
the use of force is directed against the aircraft.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register and to notify the Congress of this
determination.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 15, 2008.
Notice of October 16, 2008
Continuation of the National Emergency With Respect To Significant
Narcotics Traffickers Centered in Colombia
On October 21, 1995, by Executive Order 12978, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by the actions of significant
narcotics traffickers centered in Colombia, and the extreme level of
violence, corruption, and harm such actions cause in the United States
and abroad.
Because the actions of significant narcotics traffickers centered in
Colombia continue to threaten the national security, foreign policy, and
economy of the United States and to cause an extreme level of violence,
corruption, and harm in the United States and abroad, the national
emergency declared on October 21, 1995, and the measures adopted
pursuant thereto to deal with that emergency, must continue in effect
beyond October 21, 2008. Therefore, in accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency with respect to significant narcotics
traffickers centered in Colombia. This
[[Page 308]]
notice shall be published in the Federal Register and transmitted to the
Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
October 16, 2008.
Memorandum of October 17, 2008
Designation of Officers of the Social Security Administration to Act as
the Commissioner of Social Security
Memorandum for the Commissioner of Social Security
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2
of this memorandum, the following officials of the Social Security
Administration, in the order listed, shall act as and perform the
functions and duties of the office of the Commissioner of Social
Security (Commissioner), during any period in which both the
Commissioner and Deputy Commissioner have died, resigned, or become
otherwise unable to perform the functions and duties of the office of
the Commissioner, until such time as the Commissioner or Deputy
Commissioner are able to perform the duties of that office:
(a) Chief of Staff;
(b) Deputy Commissioner for Operations;
(c) Deputy Commissioner for Budget, Finance and Management;
(d) Deputy Commissioner for Systems;
(e) Deputy Commissioner for Quality Performance;
(f) Regional Commissioner, Atlanta; and
(g) Regional Commissioner, Dallas.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1 in an acting capacity, by virtue of so serving, shall act
as Commissioner pursuant to this memorandum.
(b) No individual listed in section 1 shall act as Commissioner
unless that individual is otherwise eligible to so serve under the
Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President
retains the discretion, to the extent permitted by law, to depart from
this memorandum in designating an acting Commissioner.
Sec. 3. This memorandum supersedes the President's Memorandum of April
17, 2006 (Designation of Officers of the Social Security
Administration).
Sec. 4. This memorandum is intended to improve the internal management
of the executive branch and is not intended to, and does not, create any
[[Page 309]]
right or benefit, substantive or procedural, enforceable at law or in
equity, by any party against the United States, its agencies,
instrumentalities, or entities, its officers, employees, or agents, or
any other person.
Sec. 5. You are authorized and directed to publish this memorandum in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 17, 2008.
Presidential Determination No. 2009-5 of October 17, 2008
Presidential Determination With Respect To Foreign Governments' Efforts
Regarding Trafficking In Persons
Memorandum for the Secretary of State
Consistent with section 110 of the Trafficking Victims Protection Act of
2000 (Division A of Public Law 106-386), as amended, (the ``Act''), I
hereby:
Make the determination provided in section 110(d)(1)(A)(i) of the Act,
with respect to Burma, the Democratic People's Republic of Korea (DPRK),
and Syria, not to provide certain funding for those countries'
governments for Fiscal Year 2009, until such government complies with
the minimum standards or makes significant efforts to bring itself into
compliance, as may be determined by the Secretary of State in a report
to the Congress pursuant to section 110(b) of the Act;
Make the determination provided in section 110(d)(1)(A)(ii) of the
Act, with respect to Cuba and Iran not to provide certain funding
for those countries' governments for Fiscal Year 2009, until such
government complies with the minimum standards or makes significant
efforts to bring itself into compliance, as may be determined by the
Secretary of State in a report to the Congress pursuant to section
110(b) of the Act;
Make the determination provided in section 110(d)(3) of the Act,
concerning the determination of the Secretary of State with respect
to Moldova and Oman;
Determine, consistent with section 110(d)(4) of the Act, with
respect to Algeria, Fiji, Kuwait, Papua New Guinea, Qatar, Saudi
Arabia, and Sudan, that provision to these countries' governments of
all programs, projects, or activities of assistance described in
sections 110(d) (1)(A)(i) and 110(d)(1)(B) of the Act would promote
the purposes of the Act or is otherwise in the national interest of
the United States;
[[Page 310]]
Determine, consistent with section 110(d)(4) of the Act, with
respect to the DPRK, that a partial waiver to allow funding for
programs described in section 110(d)(1)(A)(i) of the Act that
support the goals of the Six-Party talks would promote the purposes
of the Act or is otherwise in the national interest of the United
States; and
Determine, consistent with section 110(d)(4) of the Act, with
respect to Iran, that a partial waiver to allow funding for
educational and cultural exchange programs described in section
110(d)(1)(A)(ii) of the Act would promote the purposes of the Act or
is otherwise in the national interest of the United States.
You are hereby authorized and directed to submit this determination and
the certification required by section 110(e) of the Act to the Congress
and to publish this determination in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 17, 2008.
Presidential Determination No. 2009-6 of October 20, 2008
Certifications Pursuant to the United States-India Nuclear Cooperation
Approval and Nonproliferation Enhancement Act (Public Law 110-369)
Memorandum for the Secretary of State
Pursuant to section 102(c) and section 204(a) of the United States-India
Nuclear Cooperation Approval and Nonproliferation Enhancement Act, I
hereby certify that:
1.
Entry into force and implementation of the United States-India
Agreement for Cooperation on Peaceful Uses of Nuclear Energy
pursuant to its terms is consistent with the obligation of the
United States under the Treaty on the Non-Proliferation of Nuclear
Weapons not in any way to assist, encourage, or induce India to
manufacture or otherwise acquire nuclear weapons or other nuclear
explosive devices; and
2.
It is the policy of the United States to work with members of the
Nuclear Suppliers Group, individually and collectively, to agree to
further restrict the transfers of equipment and technology related
to the enrichment of uranium and reprocessing of spent nuclear fuel.
You are authorized and directed to publish this determination in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 20, 2008.
[[Page 311]]
Notice of October 22, 2008
Continuation of the National Emergency With Respect to the Situation in
or in Relation to the Democratic Republic of the Congo
On October 27, 2006, by Executive Order 13413, I declared a national
emergency with respect to the situation in or in relation to the
Democratic Republic of the Congo and, pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706), ordered related
measures blocking the property of certain persons contributing to the
conflict in that country. I took this action to deal with the unusual
and extraordinary threat to the foreign policy of the United States
constituted by the situation in or in relation to the Democratic
Republic of the Congo, which has been marked by widespread violence and
atrocities that continue to threaten regional stability.
Because this situation continues to pose an unusual and extraordinary
threat to the foreign policy of the United States, the national
emergency declared on October 27, 2006, and the measures adopted on that
date to deal with that emergency, must continue in effect beyond October
27, 2008. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency declared in Executive Order 13413.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
October 22, 2008.
Notice of October 30, 2008
Continuation of the National Emergency with Respect to the Situation in
or in Relation to Sudan
On November 3, 1997, by Executive Order 13067, a national emergency was
declared with respect to Sudan, pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701-1706), to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the actions and policies of the Government
of Sudan. On April 26, 2006, in Executive Order 13400, I determined that
the conflict in Sudan's Darfur region posed an unusual and extraordinary
threat to the national security and foreign policy of the United States,
expanded the scope of the national emergency to deal with that threat,
and ordered the blocking of property of certain persons connected to the
conflict. On October 13, 2006, I issued Executive Order 13412 to take
additional steps with respect to the national emergency and to implement
the Darfur Peace and Accountability Act of 2006 (Public Law 109-344).
[[Page 312]]
Because the actions and policies of the Government of Sudan continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States, the national emergency declared on
November 3, 1997, as expanded on April 26, 2006, must continue in effect
beyond November 3, 2008. Therefore, consistent with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency with respect to Sudan.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
October 30, 2008.
Memorandum of October 31, 2008
Assignment of Functions Under Section 1265 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181)
Memorandum for the Secretary of State
By virtue of the authority vested in me as President by the Constitution
and the laws of the United States, including section 301 of title 3,
United States Code, I hereby assign to you the reporting function
conferred upon the President by section 1265 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181).
You are authorized and directed to publish this memorandum in the
Federal Register .
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 31, 2008.
Notice of November 10, 2008
Continuation of the National Emergency with Respect to Iran
On November 14, 1979, by Executive Order 12170, the President declared a
national emergency with respect to Iran pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706), to deal with the
unusual and extraordinary threat to the national security, foreign
policy,
[[Page 313]]
and economy of the United States constituted by the situation in Iran.
Because our relations with Iran have not yet returned to normal, and the
process of implementing the January 19, 1981, agreements with Iran is
still underway, the national emergency declared on November 14, 1979,
must continue in effect beyond November 14, 2008. Therefore, consistent
with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing for 1 year this national emergency with respect to Iran.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
November 10, 2008.
Notice of November 10, 2008
Continuation of National Emergency with Respect to Weapons of Mass
Destruction
On November 14, 1994, by Executive Order 12938, the President declared a
national emergency with respect to the unusual and extraordinary threat
to the national security, foreign policy, and economy of the United
States posed by the proliferation of nuclear, biological, and chemical
weapons (weapons of mass destruction) and the means of delivering such
weapons. On July 28, 1998, the President issued Executive Order 13094
amending Executive Order 12938 to respond more effectively to the
worldwide threat of weapons of mass destruction proliferation
activities. On June 28, 2005, I issued Executive Order 13382 that, inter
alia, further amended Executive Order 12938 to improve our ability to
combat proliferation. The proliferation of weapons of mass destruction
and the means of delivering them continues to pose an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States; therefore, the national emergency first
declared on November 14, 1994, and extended in each subsequent year,
must continue. In accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency declared in Executive Order 12938, as amended.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
November 10, 2008.
[[Page 314]]
Presidential Determination No. 2009-7 of November 14, 2008
Proposed Agreement for Cooperation Between the Government of the United
States of America And the Government of the United Arab Emirates
Concerning Peaceful Uses of Nuclear Energy
Memorandum for the Secretary of State [and] the Secretary of Energy
I have considered the proposed Agreement for Cooperation Between the
Government of the United States of America and the Government of the
United Arab Emirates Concerning Peaceful Uses of Nuclear Energy, along
with the views, recommendations, and statements of the interested
agencies.
I have determined that the performance of the Agreement will promote,
and will not constitute an unreasonable risk to, the common defense and
security. Pursuant to section 123 b. of the Atomic Energy Act of 1954,
as amended ( 42 U.S.C. 2153 (b) ), I hereby approve the proposed
Agreement and authorize the Secretary of State to arrange for its
execution.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, November 14, 2008.
Memorandum of November 25, 2008
Provision of Marine War Risk Insurance Coverage
Memorandum for the Secretary of State[,] the Secretary of Transportation
[and] the Director of the Office of Management And Budget
By virtue of the authority vested in me by the Constitution and laws of
the United States, including 3 U.S.C. 301 and 46 U.S.C. chapter 539, I
hereby approve the provision by the Secretary of Transportation of
insurance or reinsurance of vessels (including cargo and crew) against
loss or damage from war risks in the manner and to the extent provided
in chapter 539 of title 46, United States Code, for trade in the Black
Sea, whenever, after consultation with the Secretary of State, it
appears to the Secretary of Transportation that such insurance adequate
for the needs of the water-borne commerce of the United States cannot be
obtained on reasonable terms and conditions from companies authorized to
do insurance business in a State of the United States. To the extent
individual policies involve an exposure in excess of the amounts
available in the War Risk Revolving Fund, such policies may be issued
only after consultation with the Office of Management and Budget. This
approval to provide insurance or reinsurance is effective for 90 days,
except that existing policies shall remain in force pursuant to the
terms of these policies. I hereby delegate to the Secretary of
Transportation, in consultation with the Secretary of State, the
authority vested in me by 46 U.S.C. 53902 and 53905.
[[Page 315]]
The Secretary of Transportation is directed to bring the approval to the
immediate attention of all U.S.-flag vessel operators and to arrange for
its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, November 25, 2008.
Presidential Determination No. 2009-8 of December 4, 2008
Suspension of Limitations Under the Jerusalem Embassy Act
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President by the Constitution
and the laws of the United States, including section 7(a) of the
Jerusalem Embassy Act of 1995 (Public Law 104-45) (the ``Act''), I
hereby determine that it is necessary to protect the national security
interests of the United States to suspend for a period of 6 months the
limitations set forth in sections 3(b) and 7(b) of the Act. My
Administration remains committed to beginning the process of moving our
embassy to Jerusalem.
You are hereby authorized and directed to transmit this determination to
the Congress, accompanied by a report in accordance with section 7(a) of
the Act, and to publish the determination in the Federal Register.
This suspension shall take effect after transmission of this
determination and report to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 4, 2008.
Memorandum of December 9, 2008
Designation of Officers of the Pension Benefit Guaranty Corporation To
Act As Director of the Pension Benefit Guaranty Corporation
Memorandum for the Director of the Pension Benefit Guaranty Corporation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2
of this memorandum, the following officials of the Pension Benefit
Guaranty Corporation, in the order listed, shall act as and perform the
functions and duties of the office of the Director of the Pension
Benefit Guaranty Corporation (Director), during any period in which the
Director has died, resigned,
[[Page 316]]
or otherwise become unable to perform the functions and duties of the
office of Director, until such time as the Director is able to perform
the functions and duties of that office:
(a) Deputy Director for Operations;
(b) Chief Management Officer;
(c) Chief Operating Officer; and
(d) General Counsel.
Sec. 2. Exceptions. a) No individual who is serving in an office listed
in section 1 in an acting capacity, by virtue of so serving, shall act
as the Director pursuant to this memorandum.
(b) No individual listed in section 1 shall act as Director unless
that individual is otherwise eligible to so serve under the Federal
Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President
retains discretion, to the extent permitted by law, to depart from this
memorandum in designating an acting Director.
Sec. 3. This memorandum is intended to improve the internal management
of the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity, by any party against the United States, it agencies,
instrumentalities, or entities, its officers, employees, or agents, or
any other person.
Sec. 4. You are authorized and directed to publish this memorandum in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 9, 2008.
Memorandum of December 9, 2008
Designation of Officers of the United States Agency for International
Development To Act As Administrator
Memorandum for the Administrator of the United States Agency for
International Development
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2
of this memorandum, the Assistant Administrators for the Bureaus, in the
order in which they were appointed as an Assistant Administrator, shall
act as and perform the functions and duties of the office of the
Administrator (Administrator), during any period in which the
Administrator and the Deputy Administrator have died, resigned, or
otherwise become unable
[[Page 317]]
to perform the functions and duties of the office of Administrator,
until such time as the Administrator or Deputy Administrator are able to
perform the functions and duties of that office:
(a) Bureau for Africa;
(b) Bureau for Asia;
(c) Bureau for Democracy, Conflict, and Humanitarian Assistance;
(d) Bureau for Economic Growth, Agriculture, and Trade;
(e) Bureau for Europe and Eurasia;
(f) Bureau for Global Health;
(g) Bureau for Latin America and the Caribbean;
(h) Bureau for Legislative and Public Affairs;
(i) Bureau for Management; and
(j) Bureau for the Middle East.
Sec. 2. Exceptions. (a) No individual who is serving in an office
listed in section 1 in an acting capacity, by virtue of so serving,
shall act as the Administrator pursuant to this memorandum.
(b) No individual listed in section 1 shall act as Administrator
unless that individual is otherwise eligible to so serve under the
Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President
retains discretion, to the extent permitted by law, to depart from this
memorandum in designating an acting Administrator.
Sec. 3. This memorandum supersedes the President's memorandum of July
10, 2002, (Designation of Officers of the United States Agency for
International Development to Act as Administrator).
Sec. 4. This memorandum is intended to improve the internal management
of the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity, by any party against the United States, it agencies,
instrumentalities, or entities, its officers, employees, or agents, or
any other person.
Sec. 5. You are authorized and directed to publish this memorandum in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 9, 2008.
[[Page 318]]
Presidential Determination No. 2009-9 of December 18, 2008
Unexpected Urgent Humanitarian Needs Related to the Democratic Republic
of Congo, Rwanda, and Uganda
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and the laws of the
United States, including sections 2 and 4(a)(1) of the Migration and
Refugee Assistance Act of 1962 (the ``Act''), as amended, (22 U.S.C.
2601 and 2603) and section 301 of title 3, United States Code:
(1) I hereby determine, pursuant to section 2(c)(1) of the Act, that it is
important to the national interest to furnish assistance under the Act in
an amount not to exceed $6 million from the United States Emergency Refugee
and Migration Assistance Fund, for the purpose of meeting unexpected and
urgent refugee and migration needs related to humanitarian needs of
Congolese refugees and internally displaced, including by contributions to
international, governmental, and nongovernmental organizations and payment
of administrative expenses of the Bureau of Population, Refugees, and
Migration of the Department of State; and
(2) The functions of the President in relation to this memorandum under
section 2(d) of the Act, and of establishing terms and conditions under
section 2(c)(1) of the Act, are assigned to you, and you may further assign
such functions to your subordinates, consistent with applicable law.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 18, 2008.
Memorandum of December 23, 2008
Provision of Aviation Insurance Coverage for Commercial Air Carrier
Service in Domestic and International Operations
Memorandum for the Secretary of Transportation
By the authority vested in me as President by the Constitution and laws
of the United States including 49 U.S.C. 44302, et seq., I hereby:
1. Determine that continuation of U.S.-flag commercial air service is
necessary in the interest of air commerce, national security, and the
foreign policy of the United States.
2. Approve provision by the Secretary of Transportation (Secretary) of
insurance or reinsurance to U.S.-flag air carriers against loss or
damage arising out of any risk from the operation of an aircraft in the
manner and to the extent provided in chapter 443 of 49 U.S.C.:
(a) Until March 31, 2009;
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(b) After March 31, 2009, but no later than August 31, 2009, when the
Secretary determines that such insurance or reinsurance cannot be obtained
on reasonable terms and conditions from any company authorized to conduct
an insurance business in a State of the United States.
3. Delegate to the Secretary the authority, vested in me by 49 U.S.C.
44306(c), to extend this determination for additional periods beyond
March 31, 2009, but no later than August 31, 2009, when the Secretary
finds that the continued operation of aircraft to be insured or
reinsured is necessary in the interest of air commerce or the national
security, or to carry out the foreign policy of the United States
Government.
You are directed to bring this determination immediately to the
attention of all air carriers within the meaning of 49 U.S.C. 40102(2),
and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 23, 2008.
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CHAPTER I--EXECUTIVE OFFICE OF THE PRESIDENT
--------------------------------------------------------------------
Part Page
100 Standards of conduct........................ 322
101 Public information provisions of the
Administrative Procedures Act........... 322
102 Enforcement of nondiscrimination on the
basis of handicap in programs or
activities conducted by the Executive
Office of the President................. 322
[[Page 322]]
PART 100_STANDARDS OF CONDUCT--Table of Contents
Authority: 5 U.S.C. 7301.
Source: 64 FR 12881, Mar. 16, 1999, unless otherwise noted.
Sec. 100.1 Ethical conduct standards and financial disclosure regulations.
Employees of the Executive Office of the President are subject to
the executive branch-wide standards of ethical conduct at 5 CFR part
2635, and the executive branch-wide financial disclosure regulations at
5 CFR part 2634.
PART 101_PUBLIC INFORMATION PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT--
Table of Contents
Sec.
101.1 Executive Office of the President.
101.2 Office of Management and Budget.
101.3 Office of Administration.
101.4 National Security Council.
101.5 Council on Environmental Quality.
101.6 Office of National Drug Control Policy.
101.7 Office of Science and Technology Policy.
101.8 Office of the United States Trade Representative.
Authority: 5 U.S.C. 552.
Source: 40 FR 8061, Feb. 25, 1975 and 55 FR 46067, November 1, 1990,
unless otherwise noted.
Sec. 101.1 Executive Office of the President.
Until further regulations are promulgated, the remainder of the
entities within the Executive Office of the President, to the extent
that 5 U.S.C. 552 is applicable, shall follow the procedures set forth
in the regulations applicable to the Office of Management and Budget (5
CFR Ch. III). Requests for information from these other entities should
be submitted directly to such entity.
Sec. 101.2 Office of Management and Budget.
Freedom of Information regulations for the Office of Management and
Budget appear at 5 CFR Ch. III.
Sec. 101.3 Office of Administration.
Freedom of Information regulations for the Office of Administration
appear at 5 CFR part 2502.
[55 FR 46037, Nov. 1, 1990]
Sec. 101.4 National Security Council.
Freedom of Information regulations for the National Security Council
appear at 32 CFR Ch. XXI.
Sec. 101.5 Council on Environmental Quality.
Freedom of Information regulations for the Council on Environmental
Quality appear at 40 CFR Ch. V.
[42 FR 65131, Dec. 30, 1977]
Sec. 101.6 Office of National Drug Control Policy.
Freedom of Information regulations for the Office of National Drug
Control Policy appear at 21 CFR parts 1400-1499.
[55 FR 46037, Nov. 1, 1990]
Sec. 101.7 Office of Science and Technology Policy.
Freedom of Information regulations for the Office of Science and
Technology Policy appear at 32 CFR part 2402.
[55 FR 46037, Nov. 1, 1990]
Sec. 101.8 Office of the United States Trade Representative.
Freedom of Information regulations for the Office of the United
States Trade Representative appear at 15 CFR part 2004.
[55 FR 46037, Nov. 1, 1990]
PART 102_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS
OR ACTIVITIES CONDUCTED BY THE EXECUTIVE OFFICE OF THE PRESIDENT--Table of
Contents
Sec.
102.101 Purpose.
102.102 Application.
102.103 Definitions.
102.104-102.109 [Reserved]
102.110 Self-evaluation.
102.111 Notice.
102.112-102.129 [Reserved]
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102.130 General prohibitions against discrimination.
102.131-102.139 [Reserved]
102.140 Employment.
102.141-102.148 [Reserved]
102.149 Program accessibility: Discrimination prohibited.
102.150 Program accessibility: Existing facilities.
102.151 Program accessibility: New construction and alterations.
102.152-102.159 [Reserved]
102.160 Communications.
102.161-102.169 [Reserved]
102.170 Compliance procedures.
102.171-102.999 [Reserved]
Authority: 29 U.S.C. 794.
Source: 53 FR 25879, July 8, 1988, unless otherwise noted.
Sec. 102.101 Purpose.
The purpose of this regulation is to effectuate section 119 of the
Rehabilitation, Comprehensive Services, and Developmental Disabilities
Amendments of 1978, which amended section 504 of the Rehabilitation Act
of 1973 to prohibit discrimination on the basis of handicap in programs
or activities conducted by Executive agencies or the United States
Postal Service.
Sec. 102.102 Application.
This regulation (Sec. Sec. 102.101-102.170) applies to all programs
or activities conducted by the agency, except for programs or activities
conducted outside the United States that do not involve individuals with
handicaps in the United States.
Sec. 102.103 Definitions.
For purposes of this regulation, the term--
Agency means, for purposes of this regulation only, the following
entities in the Executive Office of the President: the White House
Office, the Office of the Vice President, the Office of Management and
Budget, the Office of Policy Development, the National Security Council,
the Office of Science and Technology Policy, the Office of the United
States Trade Representative, the Council on Environmental Quality, the
Council of Economic Advisers, the Office of Administration, the Office
of Federal Procurement Policy, and any committee, board, commission, or
similar group established in the Executive Office of the President.
Agency head or head of the agency; as used in Sec. Sec.
102.150(a)(3), 102.160(d) and 102.170 (i) and (j), shall be a three-
member board which will include the Director, Office of Administration,
the head of the Executive Office of the President, agency in which the
issue needing resolution or decision arises and one other agency head
selected by the two other board members. In the event that an issue
needing resolution or decision arises within the Office of
Administration, one of the board members shall be the Director of the
Office of Management and Budget.
Assistant Attorney General means the Assistant Attorney General,
Civil Rights Division, United States Department of Justice.
Auxiliary aids means services or devices that enable persons with
impaired sensory, manual, or speaking skills to have an equal
opportunity to participate in, and enjoy the benefits of, programs or
activities conducted by the agency. For example, auxiliary aids useful
for persons with impaired vision include readers, Brailled materials,
audio recordings, and other similar services and devices. Auxiliary aids
useful for persons with impaired hearing include telephone handset
amplifiers, telephones compatible with hearing aids, telecommunication
devices for deaf persons (TDD's), interpreters, notetakers, written
materials, and other similar services and devices.
Complete complaint means a written statement that contains the
complainant's name and address and describes the agency's alleged
discriminatory action in sufficient detail to inform the agency of the
nature and date of the alleged violation of section 504. It shall be
signed by the complainant or by someone authorized to do so on his or
her behalf. Complaints filed on behalf of classes or third parties shall
describe or identify (by name, if possible) the alleged victims of
discrimination.
Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, rolling stock or other
conveyances, or other real or personal property.
Historic preservation programs means programs conducted by the
agency that
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have preservation of historic properties as a primary purpose.
Historic properties means those properties that are listed or
eligible for listing in the National Register of Historic Places or
properties designated as historic under a statute of the appropriate
State or local government body.
Individual with handicaps means any person who has a physical or
mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as having
such an impairment.
As used in this definition, the phrase:
(1) Physical or mental impairment includes--
(i) Any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
Neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic; skin; and endocrine; or
(ii) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. The term ``physical or mental
impairment'' includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech, and hearing impairments,
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, mental retardation, emotional illness,
and drug addiction and alcoholism.
(2) Major life activities includes functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(3) Has a record of such an impairment means has a history of, or
has been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(4) Is regarded as having an impairment means--
(i) Has a physical or mental impairment that does not substantially
limit major life activities but is treated by the agency as constituting
such a limitation;
(ii) Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defined in paragraph (1) of this
definition but is treated by the agency as having such an impairment.
Qualified individual with handicaps means--
(1) With respect to preschool, elementary, or secondary education
services provided by the agency, an individual with handicaps who is a
member of a class of persons otherwise entitled by statute, regulation,
or agency policy to receive education services from the agency;
(2) With respect to any other agency program or activity under which
a person is required to perform services or to achieve a level of
accomplishment, an individual with handicaps who meets the essential
eligibility requirements and who can achieve the purpose of the program
or activity without modifications in the program or activity that the
agency can demonstrate would result in a fundamental alteration in its
nature;
(3) With respect to any other program or activity, an individual
with handicaps who meets the essential eligibility requirements for
participation in, or receipt of benefits from, that program or activity;
and
(4) ``Qualified handicapped person'' as that term is defined for
purposes of employment in 29 CFR 1613.702(f), which is made applicable
to this regulation by Sec. 102.140.
Section 504 means section 504 of the Rehabilitation Act of 1973
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617);
the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); and the
Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810).
As used in this regulation, section 504 applies only to programs or
activities conducted by Executive agencies and not to federally assisted
programs.
Substantial impairment means a significant loss of the integrity of
finished
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materials, design quality, or special character resulting from a
permanent alteration.
Sec. Sec. 102.104-102.109 [Reserved]
Sec. 102.110 Self-evaluation.
(a) The agency shall, by September 6, 1989, evaluate its current
policies and practices, and the effects thereof, that do not or may not
meet the requirements of this regulation and, to the extent modification
of any such policies and practices is required, the agency shall proceed
to make the necessary modifications.
(b) The agency shall provide an opportunity to interested persons,
including individuals with handicaps or organizations representing
individuals with handicaps, to participate in the self-evaluation
process by submitting comments (both oral and written).
(c) The agency shall, for at least three years following completion
of the self-evaluation, maintain on file and make available for public
inspection:
(1) A description of areas examined and any problems identified; and
(2) A description of any modifications made.