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 123STA T . 3 5 5 6CON C UR R E NT RESO L UT I ONS —J UL Y 1 0, 200 9Wher e as e n s l a v e dAf r ic an - A m ericans als op ar t icipated in other facets of constr u ction of the C apitol , includin g carpentr y , masonry, carting, rafting, roofing, plastering, gla z ing, painting, and sa w ing Whereas the mar b le columns in the O ld S enate Chamber and the sandstone walls of the E ast F ront corridor remain as the lasting legacies of the enslaved African-Americans who wor k ed the q uarries; Whereas slave-quarried stones from the remnants of the original Capitol walls can be found in R ock Creek P ark in the D istrict of Columbia; Whereas the Statue of Freedom now atop the Capitol dome could not have been cast without the pivotal intervention of Philip Reid, an enslaved African-American foundry worker who deci- phered the puzzle of how to separate the 5 -piece plaster model for casting when all others failed; Whereas the great hall of the Capitol V isitor Center was named Emancipation H all to help acknowledge the work of the slave laborers who built the Capitol; Whereas no narrative on the construction of the Capitol that does not include the contribution of enslaved African-Americans can fully and accurately reflect its history; Whereas recognition of the contributions of enslaved African-Ameri- cans brings to all Americans an understanding of the continuing evolution of our representative democracy; and Whereas a marker dedicated to the enslaved African-Americans who helped to build the Capitol will reflect the charge of the Capitol Visitor Center to teach visitors about Congress and its development
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ow, therefore, be it Resolv e dbyth e H o u seo f Re pr ese n t a t i ves ( the S enate c oncur - rin g),SECTION1.PLA CE M ENT O F MA RK ER IN CAPITOL V ISITOR CENTER TO ACKNO W LE DG E ROLE OF SLAVE LA B OR IN CONSTR U CTION OF CAPITOL. ( a ) P ROCU R EM E NTA N D P L ACEMENT O FM AR K ER .—T he Architect of the Capitol, sub j ect to the approval of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, shall design, procure, and place in a prominent location in Emancipation Hall in the Capitol Visitor Center a marker which acknowledges the role that slave labor played in the construction of the U nited States Capitol. (b) CR I TERIA FOR DE S I G N OF MARKER.— I n developing the design for the marker required under subsection (a), the Architect of the Capitol— ( 1 ) shall take into consideration the recommendations developed by the Slave L abor Task Force Working G roup; ( 2 ) shall, to the greatest e x tent practicable, ensure that the marker includes stone which was quarried by slaves in the construction of the Capitol; and ( 3 ) shall ensure that the marker includes a plaque or inscription which describes the purpose of the marker. Agreed to J uly 1 0, 200 9.


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 123STA T . 3 5 5 7CON C UR R E NT RESO L UT I ONS —J UL Y 21, 2 0 0 9FO O DAN DN UTRI TION SE R V I C E — RECO G NITION Wher e ast he Fo o d a n d Nu tr i tion S er v i c eo f the D e p art m ent of Ag ricu l ture has b een promoting sound nutrition and fighting hunger in the U nited States since 196 9 Whereas the Food and Nutrition Service w or k s with State and local governments , nonprofit organi z ations, and faith - based organizations to provide food and nutritional support to over 3 6, 0 00,000 people in the United States who live in households that face food insecurit y on a daily basis; Whereas the Food and Nutrition Service supports schools in the United States by providing children with nutritious breakfasts and lunches and promotes wellness policies to ensure that chil- dren have a healthy start in life; and Whereas the nutrition programs of the Food and Nutrition Service reach 1 in 5 citizens of the United States on a daily basis Now, therefore, be it Resolv e dbyth e H o u seo f Re pr ese n t a t i ves ( the S enate c oncur - rin g),T hat C ongress —( 1 ) recognizes the valuable historic and continued contribu- tion of the Food and Nutrition Service and its employees to the citizens of the United States; ( 2 ) commends the efforts of States, territories, local govern- ments, and nonprofit charitable and faith-based organizations to end hunger and provide nutritious food to citizens of the United States; (3) encourages the continued efforts to educate the citizens of the United States about the importance of eating nutritiously and living a healthy lifestyle; and ( 4 ) recognizes and reaffirms the commitment of the United States to end hunger in the United States and continue to lead the world in ending global hunger . Agreed to J uly 21, 2009. B UREAU OF L ABOR STATISTICS— 125 T H ANNIVERSAR Y Whereas the Act entitled ‘ ‘An Act to establish a B ureau of L abor ’ ’, approved on June 2 7 ,1 8 84 (23 Stat. 60), established a bureau to ‘‘collect information upon the sub j ect of labor, its relation to capital, the hours of labor, and the earnings of laboring men and women, and the means of promoting their material, social, intellectual, and moral prosperity’’; Whereas the Bureau of Labor Statistics is the principal factfinding agency for the Federal G overnment in the broad field of labor economics and statistics, and in that role it collects, processes, analyzes, and disseminates essential statistical data to the public, Congress, other Federal agencies, State and local governments, business, and labor; July21, 2 0 0 9[S.Con . Res . 3 0 ] July 21, 2009 [ H . Con. Res. 1 64 ]

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 123STA T . 3 5 5 8CON C UR R E NT RESO L UT I ONS —J UL Y 2 9, 2 0 09 Wher e ast he Bu reau ofL a b or S tat i sti c shasco mpl ete d125y ears of ser v ice to g over n ment , business, labor, and the public by pro - ducing indispensable data and special studies on prices, employ- ment and unemployment, productivity, w ages and other com- pensation, economic growth, industrial relations, occupational safety and health, the use of time by the people of the U nited States, and the economic conditions of States and metropolitan areas Whereas many public programs and private transactions are dependent today on the q uality of such statistics of the Bureau of Labor Statistics as the unemployment rate and the C onsumer P rice I nde x , which play essential roles in the allocation of F ederal funds and the ad j ustment of pensions, welfare payments, private contracts, and other payments to offset the impact of inflation; Whereas the Bureau of Labor Statistics pursues these responsibil- ities with absolute integrity and is k nown for being unfailingly responsive to the need for new types of information and indexes of change; Whereas the Bureau of Labor Statistics has earned an international reputation as a leader in economic and social statistics; Whereas the Bureau of Labor Statistics ’ Internet website, www . bls.gov, began operating in 1 9 95 and meets the public need for timely and accurate information by providing an ever- expanding body of economic data and analysis available to an ever-growing group of online citi z ens; and Whereas the Bureau of Labor Statistics has established the highest standards of professional competence and commitment
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ow, therefore, be it Resolv e dbyth e S e na te ( the H o u seo f Re pr esentat i ves c oncur - rin g),T hat Congress commends the Bureau of Labor Statistics on the occasion of its 125th anniversary for the exemplary service its administrators and employees provide in collecting and dissemi- nating vital information for the United States. A greed to J uly 21, 2 0 09. JOHNART H U R ‘ ‘JA CK’ ’ JOHN S ON ,P OSTHU M OUS PAR D ON — SUPPORT Whereas John Arthur ‘ ‘Jack’’ Johnson was a flamboyant, defiant, and controversial figure in the history of the United States who challenged racial biases; Whereas Jack Johnson was born in G alveston, Texas, in 1 87 8 to parents who were former slaves; Whereas Jack Johnson became a professional boxer and traveled throughout the United States, fighting White and African-Amer- ican heavyweights; Whereas after being denied ( on purely racial grounds ) the oppor- tunity to fight 2 White champions, in 1908, Jack Johnson was granted an opportunity by an Australian promoter to fight the reigning White title-holder, Tommy Burns; July29, 2 0 09 [S.Con . Res .29 ]


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 123STA T . 3 5 5 9CON C UR R E NT RESO L UT I ONS —J UL Y 29, 2 0 09 Wher e asJ a ck J o h n son d e f ea t ed T o m m yBu rns to b ecome the f i rst A frican - American to ho l d the title of H ea v y w ei g ht C ham p ion of the World Whereas the victory by Jack Johnson over Tommy Burns prompted a search for a White bo x er who could beat Jack Johnson , a recruitment effort that was dubbed the search for the ‘ ‘great white hope ’ ’; Whereas in 19 1 0, a White former champion named Jim Jeffries left retirement to fight Jack Johnson in R eno, N evada; Whereas Jim Jeffries lost to Jack Johnson in what was deemed the ‘‘Battle of the Century’’; Whereas the defeat of Jim Jeffries by Jack Johnson led to rioting, aggression against African-Americans, and the racially motivated murder of African-Americans nationwide; Whereas the relationships of Jack Johnson with White women compounded the resentment felt toward him by many Whites; Whereas between 1901 and 1910, 754 African-Americans were lynched, some for simply for being ‘‘too familiar’’ with White women; Whereas in 1910, Congress passed the Act of June 2 5, 1910 ( com- monly known as the ‘‘White S lave Traffic Act’’ or the ‘‘ M ann Act’’ ) (1 8U. S.C. 2421 et se q .), which outlawed the transportation of women in interstate or foreign commerce ‘‘for the purpose of prostitution or debauchery, or for any other immoral purpose’’; Whereas in O ctober 1912, Jack Johnson became involved with a White woman whose mother disapproved of their relationship and sought action from the D epartment of Justice, claiming that Jack Johnson had abducted her daughter; Whereas Jack Johnson was arrested by F ederal marshals on October 18, 1912, for transporting the woman across State lines for an ‘‘immoral purpose’’ in violation of the Mann Act; Whereas the Mann Act charges against Jack Johnson were dropped when the woman refused to cooperate with Federal authorities, and then married Jack Johnson; Whereas Federal authorities persisted and summoned a White woman named Belle Schreiber, who testified that Jack Johnson had transported her across State lines for the purpose of ‘‘prostitu- tion and debauchery’’; Whereas in 191 3, Jack Johnson was convicted of violating the Mann Act and sentenced to 1 year and 1 day in Federal prison; Whereas Jack Johnson fled the United States to Canada and various E uropean and South American countries; Whereas Jack Johnson lost the Heavyweight Championship title to Jess Willard in Cuba in 1915; Whereas Jack Johnson returned to the United States in July 1920, surrendered to authorities, and served nearly a year in the Fed- eral penitentiary at L eavenworth, K ansas; Whereas Jack Johnson subsequently fought in boxing matches, but never regained the Heavyweight Championship title; Whereas Jack Johnson served his country during World War I I by encouraging citi z ens to buy war bonds and participating in exhibition boxing matches to promote the war bond cause;


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 123STA T . 3 560CON C UR R E NT RESO L UT I ONS —J UL Y 2 9, 2009 Wher e asJ a ck J o h n son di edinana ut o m o b i l e accident in 1946; and Whereas in 19 5 4, Jack Johnson w as inducted into the B o x in gH all o fF ame
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ow, therefore, be it Resolv e dbyth e S e na te ( the H o u seo f Re pr esentat i ves c oncur - rin g),T hat it is the sense of C ongress that Jack Johnson should recei v ea p osthumous pardon —( 1 ) to expunge a raciall y motivated abuse of the prosecu - torial authority of the Federal G overnment from the annals of criminal j ustice in the U nited S tates; and ( 2 ) in recognition of the athletic and cultural contributions of Jack Johnson to society .A greed to July 29, 2 0 09. POCKETV E RSI O N O F T H E U NITE D ST A TES CONSTITUTION — HOUSE PRINT Resolved by the Senate (the House of Representatives concur- ring), SECTION1.P OC K ET V E R SION O F T H E U NITE D ST A TES CONSTITUTION. (a) IN G E NE RAL .—The 24th edition of the pocket version of the United States Constitution shall be printed as a Senate document under the direction of the Joint Committee on P rinting. (b) A D D IT I O NAL CO P IE S .—In addition to the usual number, there shall be printed the lesser of— (1) 551,000 copies of the document, of which 441,000 copies shall be for the use of the House of R epresentatives, 100,000 copies shall be for the use of the Senate, and 10,000 copies shall be for the use of the Joint Committee on Printing; or (2) such number of copies of the document as does not exceed a total production and printing cost of $ 21 8, 37 9, with distribution to be allocated in the same proportion as described in paragraph (1), except that in no case shall the number of copies be less than 1 per M ember of Congress. Agreed to July 29, 2009. AD J OURN M ENT—HOUSE OF REPRESENTATIVES AND SENATE Resolved by the House of Representatives (the Senate concur- ring), That, in consonance with section 132(a) of the L egislative Reorgani z ation Act of 1946, when the House adjourns on the legisla- tive day of Friday, July 31, 2009, Saturday, August 1, 2009, or Sunday, August 2, 2009, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand adjourned until 2 p.m. on Tuesday, September 8, 2009, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first; and that when the Senate recesses or adjourns on any day from Thursday, August July31,20 0 9[H.Con . Res .1 7 2 ] July 29, 2009 [ S . Con. Res. 3 5 ]


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 123STA T . 3 56 1 CON C UR R E NT RESO L UT I ONS — AU G .5 , 2 0 0 96,20 0 9, throug h T u esday , A ugust 1 1, 2009, o n a m ot i ono f fered p ursuant to this c oncurrent reso l ution b y its M a j ority L eader or his designee, it stand recessed or adjourned until noon on Tuesday, S eptember 8, 2009, or such other time on that day as may be specified in the motion to recess or adjourn, or until the time of any reassembly pursuant to section 2 of this concurrent resolu - tion, w hiche v er occurs first . S EC. 2. The Spea k er of the H ouse and the Majority Leader of the Senate, or their respective designees, acting jointly after consultation with the Minority Leader of the House and the Minority Leader of the Senate, shall notify the Members of the House and the Senate, respectively, to reassemble at such place and time as they may designate if, in their opinion, the public interest shall warrant it. Agreed to J uly 3 1, 2009. NATIO NA LWE E K EN D O FR E M EM B RAN C E E V ENT — CA P ITOL G RO U ND S AUT H ORI Z ATION Resolv e dbyth e H o u seo f Re pr ese n t a t i ves ( the S enate c oncur - rin g),SECTION1.U SEO F C AP ITO LGR OUN D S FOR NATIONAL W EE K END OF RE M EM B RANCE E V ENT. ( a )ING ENE RAL . — The W hite House C ommission on R emembrance (in this resolution referred to as the ‘ ‘sponsor ’ ’) shall be permitted to sponsor a public event (in this resolution referred to as the ‘‘event’’) on the Capitol Grounds to honor military personnel who have died in service to the U nited States and to acknowledge the sacrifice of the families of those individuals as part of the N ational Weekend of Remembrance. (b) D A T E OFEV ENT.—The event shall be held on September 26, 2009, or on such other date as the Speaker of the House of Representatives and the Committee on Rules and Administration of the Senate jointly designate. SEC. 2 . TERMS AND CONDITIONS. (a) IN GENERAL.—Under conditions to be prescribed by the Architect of the Capitol and the Capitol P olice B oard, the event shall be— (1) free of admission charge and open to the public and (2) arranged not to interfere with the needs of Congress. (b) E XP EN S ES AN D L I A B ILITIES.—The sponsor shall assume full responsibility for all e x penses and liabilities incident to all activities associated with the event. SEC. 3 . EVENT PREPARATIONS. Subject to the approval of the Architect of the Capitol, the sponsor is authori z ed to erect upon the Capitol Grounds such stage, sound amplification devices, and other related structures and e q uipment, as may be required for the event. SEC. 4 . ENFORCEMENT OF RESTRICTIONS. The Capitol Police Board shall provide for enforcement of the restrictions contained in section 5 10 4 (c) of title 40, United States Aug.5,20 0 9[H . Con . Res . 17 1 ]


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 123STA T . 3 56 2 CON C UR R E NT RESO L UT I ONS — SE P T. 8, 2 0 0 9Code,c o n ce r n i n gsal es, ad v er t ise m ents, dis p la y s, and solicitations ont h e Capitol G ro u nds, as w ell as other restrictions applica b le to the Capitol Grounds, in connection with the event .A greed to August 5, 20 0 9 . JOINTSE SSION Resolv e dbyth e H o u seo f Re pr ese n t a t i ves ( the S enate c oncur - rin g),T hat the two H ouses o f Congress assemble in the Hall of the House of R epresentatives on W ednesday, S eptember 9, 2009, at 8: 00 p.m., for the purpose of receiving such communication as the P resident of the U nited States shall be pleased to ma k e to them. Agreed to September 8, 2009. SENIO RCA RE G I V ING — RECOGNITION AN D S UP PORT Whereas 8,000 people in the United States turn 6 0 years old every day Whereas an estimated 3 5,900,000 people, 1 2. 4 percent of the popu - lation, are 65 years of age and older; Whereas the United States population age 65 and older is e x pected to more than double in the next 50 years to 86, 7 00,000 in 2050; Whereas the 85 and older population is pro j ected to reach 9,600,000 in 2030 and double again to 20,900,000 in 2050; Whereas it is estimated that 4,500,000 people in the United States have Al z heimer ’ s disease today; Whereas it is estimated that number will increase to between 11,300,000 and 16,000,000 by 2050; Whereas 70 percent of people with Alzheimer’s disease and other dementias live at home, and these individuals are examples of individuals who need assistance in their homes with their ‘ ‘activi- ties of daily living’’; Whereas currently over 25 percent of all seniors need some level of assistance with their ‘‘activities of daily living’’; Whereas in order to address the surging population of seniors who have significant needs for in-home care, the field of senior caregiving will continue to grow; Whereas there are an estimated 44,000,000 adults in the United States providing care to adult relatives or friends and an esti- mated 725,000 nonfamily private paid senior caregivers; Whereas both unpaid family caregivers and paid caregivers work together to serve the daily living needs of seniors who live in their own homes; Whereas the D epartment of L abor estimated that paid caregivers for the year 2006 worked a total of 835,000,000 hours, and the Sept.23, 2 0 0 9[H . Con . R e s. 5 9 ] Sept. 8 , 2009 [H. Con. Res. 17 9]


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 123STA T . 3 56 3 CON C UR R E NT RESO L UT I ONS — SE P T.3 0, 200 9project e dh o u r s o f p ai dse n ior care g i v ers are esti m ated to increase to 4,350 ,000,000 hours by2 025 and W hereas the l onger a senior is able to provide for his or her o w n care, the less burden is placed on public payment systems in S tate and F ederal governments
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ow, therefore, be it Resolv e dbyth e H o u seo f Re pr ese n t a t i ves ( the S enate c oncur - rin g),T hat C ongress —(1) recogni z es caregiving as a profession; (2) supports the private home care industry and the efforts of family caregivers nationwide by encouraging individuals to provide care to family, friends, and neighbors; (3) encourages accessible and affordable care for seniors; (4) reviews Federal policies and supports current Federal programs which address the needs of seniors and their family caregivers; and (5) encourages the Secretary of H ealth and Human Services to continue wor k ing to educate people in the U nited States on the impact of aging and the importance of knowing the options available to seniors when they need care to meet their personal needs .A greed to September 23, 200 9 . SICKLE CELL D ISE A SEA W A R E N ESS MO N TH— S UP PORT Whereas Sickle Cell D isease is an inherited blood disorder that is a major health problem in the United States and worldwide; Whereas Sickle Cell Disease causes the rapid destruction of sickle cells, which results in multiple medical complications, including anemia, jaundice, gallstones, strokes, and restricted blood flow, damaging tissue in the liver, spleen, and kidneys, and death; Whereas Sickle Cell Disease causes episodes of considerable pain in one ’ s arms, legs, chest, and abdomen; Whereas Sickle Cell Disease affects an estimated 7 0,000 to 100,000 Americans; Whereas appro x imately 1,000 babies are born with Sickle Cell Disease each year in the United States, with the disease occurring in approximately 1 in 500 newborn African - American infants, 1 in 1,000 newborn Hispanic-Americans, and is found in persons of G reek, I talian, E ast Indian, Saudi Arabian, Asian, Syrian, Turkish, Cypriot, Sicilian, and Caucasian origin; Whereas more than 2,000,000 Americans have the sickle cell trait, and 1 in 12 African-Americans carry the trait; Whereas there is a 1 in 4 chance that a child born to parents who both have the sickle cell trait will have the disease; Whereas the life expectancy of a person with Sickle Cell Disease is severely limited, with an average life span for an adult being 45 years; Whereas, though researchers have yet to identify a cure for this painful disease, advances in treating the associated complications have occurred; Sept.30,2 00 9[H . Con . R e s. 186]


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 123STA T . 3 564CON C UR R E NT RESO L UT I ONS — SE P T.3 0, 200 9Wher e as resear c hers are h op e fult hat in less than t w o d ecades ,S ic k le C ell D isease m a yj oin the ranks of chronic illnesses that, when properly treated, do not interfere with the acti v ity, g rowth, or mental development of affected children Whereas Congress recogni z es the importance of researching, pre - venting, and treating Sickle Cell Disease b y authorizing treatment centers to provide medical intervention, education, and other services and by permitting the M edicaid program to cover some primary and secondary preventative medical strategies for chil- dren and adults with Sickle Cell Disease; Whereas the Sickle Cell Disease A ssociation of America, I nc . remains the preeminent advocacy organization that serves the sickle cell community by focusing its efforts on public policy, research funding, patient services, public awareness, and edu- cation related to developing effective treatments and a cure for Sickle Cell Disease; and Whereas the Sickle Cell Disease Association of America, Inc. has re q uested that the Congress designate September as Sickle Cell Disease Awareness Month in order to educate communities across the N ation about sickle cell and the need for research funding, early detection methods, effective treatments, and prevention pro- grams Now, therefore, be it Resolv e dbyth e H o u seo f Re pr ese n t a t i ves ( the S enate c oncur - rin g),T hat the Congress supports the goals and ideals of Sickle Cell Disease Awareness Month. Agreed to September 30, 2 00 9 . ENROL L M EN TC ORRECT I ON S—H. R. 2918 Resolved by the House of Representatives (the Senate concur- ring), That, in the enrollment of the bill (H . R .29 18) making appro- priations for the L egislative B ranch for the fiscal year ending Sep- tember 30, 2010, and for other purposes, the Clerk of the House of Representatives shall make the following corrections: (1) In section 1 5 8(a) of division B, strike ‘ ‘section 158 ’ ’ and insert ‘‘section 15 7 ’’. (2) In section 158(b) of division B, strike ‘‘section 158’’ and insert ‘‘section 157’’. (3) In section 1 6 2 of division B, strike ‘‘sections 158 through 162’’ and insert ‘‘sections 157 through 161’’. Agreed to September 30, 2009. H UD SON RI V ER Q U A DRICENTENNIAL CELE B RATION—RECO G NITION Whereas the Netherlands and the U nited States are two countries united by shared values and historic ties; Oct.5,20 0 9[H . Con . Res . 178]S e p t. 3 0, 2009 [H. Con. Res. 191]


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 123STA T . 3 56 5 CON C UR R E NT RESO L UT I ONS — OCT. 6 , 2 0 0 9Wher e as20 0 9m ar k s t he Qu a d r ic e n tennia ly ear that H enry Huds o n ca p tained the ship ‘ ‘Hal v e M aen ’ ’ under the auspices o f the D utch E ast I ndia C ompany and discovered the Hudson R iver Whereas the discovery of that river and its fertile lands g ave rise to the esta b lishment of the N e w Netherland settlement and the ensuing positive relations between the Netherlands and A merica; Whereas the Netherlands was the first country to salute the U.S. flag in 17 7 6 at St. Eustatius; Whereas the drafters of the Declaration of Independence were influ - enced by the Dutch Constitution; Whereas the Netherlands has remained a friend and staunch ally of the United States , from providing necessary loans during the Revolutionary War to standing shoulder-to-shoulder in Afghani- stan in defense of democratic values, protection of human rights and promotion of the rule of law; Whereas the New Netherland settlement left a legacy of values such as open-mindedness, entrepreneurship, democracy, tolerance and hard work, as well as freedom of religion and speech; Whereas the bonds of free trade, open markets and commerce have continuously linked the Dutch and the Americans to such ane x tent that the Netherlands remains among the top four foreign investors in the U.S.; Whereas the Netherlands provided immediate assistance in the aftermath of Hurricane K atrina and continues today by sharing expertise in water management that will help rebuild New O rleans and its levees; and Whereas the heritage of 4 00 years of friendship between the Nether- lands and the United States is a laudable example and should be properly extolled Now, therefore, be it Resolv e dbyth e H o u seo f Re pr ese n t a t i ves ( the S enate c oncur - rin g),T hat it is the sense of Congress that we reaffirm the historic ties and friendship between the United States and the Netherlands by recogni z ing the Quadricentennial celebration of the discovery of the Hudson River and honoring the enduring values of the settlers of New Netherland that continue to permeate American society. Agreed to October 5, 2009. HEL E NK ELLE RSTA T U E — NAT IO NAL STATUAR Y HALL Whereas Helen Keller was born in Tuscumbia, Alabama on J une 27, 1 8 80, and at the age of 19 months lost her sight and hearing as a result of meningitis; Whereas Helen was liberated from the ‘‘double dungeon of darkness and silence’’ by her teacher, Anne Sullivan, when she discovered language and communication at the water pump when she was 7 years old; Oct.6,20 0 9[S . Con . Res . 4 2 ]


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 123STA T . 3 56 6 CON C UR R E NT RESO L UT I ONS — OCT. 6 , 2 0 0 9Wher e asH e l e n enr o lle di n R ad c li f fe C olle g ein 190 0 and grad u a t ed cu m laude in 190 4 to b ecome the first deaf and blind college graduate Whereas Helen ’ s life ser v ed as a model for all p eople w ith disabil - ities in A merica and worldwide; Whereas Helen became recogni z ed as one of Alabama’s and Amer- ica’s best k nown figures and became ‘ ‘America’s G oodwill Ambas- sador to the World’’; Whereas Helen pioneered the concept of ‘‘talking books’’ for the blind; Whereas LIFEM agazine hailed Helen as ‘‘one of the 100 most important Americans of the 2 0th Centur y— a national treasure’’; and Whereas Helen’s presence in the Capitol will become an even greater inspiration for people with disabilities worldwide
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ow , therefore, be it Resolv e dbyth e S e na te ( the H o u seo f Re pr esentat i ves c oncur - rin g),T hat— SECTION1.A CCE P TANCE O FH E L EN K ELLE R, FRO M THE PEOPLE OF ALA B AMA, FOR PLACEMENT IN THE CAPITOL. ( a ) I N G E NE RAL. —The statue of Helen K eller, furnished by the people of Alabama for placement in the Capitol, in accordance with section 1 8 14 of the Revised S tatutes of the U nited States (2 U.S.C. 21 3 1), is accepted in the name of the United States, and the thanks of Congress are tendered to the people of Alabama for providing this commemoration of one of Alabama’s most eminent personages. (b) P RE S EN T AT IO N CERE M ON Y .—The State of Alabama is author- ized to use the Rotunda of the Capitol on O ctober 7, 2009, for a presentation ceremony for the statue. The Architect of the Capitol and the Capitol Police B oard shall take such action as may be necessary with respect to physical preparations and security for the ceremony. (c) D IS P LAY IN ROT U N D A.—The Architect of the Capitol shall provide for the display of the statue accepted under this section in the Rotunda of the Capitol for a period of not more than 6 months, after which period the statue shall be displayed in the Capitol, in accordance with the procedures described in section 311(e) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 2132(e)). SEC. 2 . TRANSMITTAL TO G O V ERNOR OF ALABAMA. The Secretary of the Senate shall transmit an enrolled copy of this concurrent resolution to the Governor of Alabama. Agreed to October 6, 2009.


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 123STA T . 3 567CON C UR R E NT RESO L UT I ONS — OCT. 2 9, 2 0 09 EDWAR DW .B R O O K E I II ,C O NG RE S SIONA L GOLD M EDAL AWARD CEREMON Y— CA P I T OL ROT U NDA AUT H ORI Z ATION Wher e asEdw ard W il lia mB r o o k e I II was t he f irst A fri c a n American elected byp op u lar v ote to the U nited S tates Senate and served with distinction for 2 terms from J anuary 3,1967, to January 3, 1979 Whereas on M arch 29, 2 0 07, the United States Senate passed S . 6 8 2, sponsored by the late Senator Edward M. K ennedy with 68 co - sponsors, by unanimous consent, to award Senator Brooke the C on g ressional G old Medal; Whereas on June 10, 2008, the H ouse passed S. 682 under suspen- sion of the rules by voice vote and a similar measure, H. R. 1000 was introduced in the House by Representative Eleanor Holmes N orton with 286 co-sponsors; and Whereas the P resident signed the bill on July 1, 2008, and it became Public L aw 110 – 260 Now, therefore, be it Resolv e dbyth e S e na te ( the H o u seo f Re pr esentat i ves c oncur - rin g),SECTION1.U SEO F T H E R OTUN DA OF THE CA P ITO L FOR THE PRESEN - TATION OF THE CON G RESSIONAL GOLD M EDAL. T he rotunda of the United States Capitol is authori z edtobe used on O ctober 28, 2009, for the presentation of the Congressional Gold Medal to former Senator Edward Brooke. Physical prepara- tions for the conduct of the ceremony shall be carried out in accord- ance with such conditions as may be prescribed by the Architect of the Capitol. Agreed to October 21, 2009. U.S. CITIZENS HELD IN IRAN—ENCOURAGING COMMUNICATION AND REUNITING WITH THEIR F AMILIES Whereas on July 31, 2009, officials of the Government of Iran took 3 United States citizens, Joshua F attal, Shane Bauer, and Sarah Shourd, into custody near the Ahmed Awa region of northern Ira q , after the 3 United States citizens reportedly crossed into the territory of Iran while hiking in Iraq; Whereas officials of the Government of Iran have confirmed that they are holding the 3 United States citizens; and Whereas officials of the Government of Iran have allowed consular access by the Embassy of the Government of Switzerland ( in its formal capacity as the representative of the interests of the United States in Iran ) to the 3 young United States citizens in accordance with the V ienna Convention on Consular Relations, done at Vienna April 2 4, 1963: Now, therefore, be it Resolved by the Senate (the House of Representatives concur- ring), That Congress —Oct.29, 2 0 09 [S . Con . Res . 45] Oct. 2 1, 2009 [S. Con. Res. 4 3 ]


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 123STA T . 3 568CON C UR R E NT RESO L UT I ONS — NO V. 9, 2 0 09 (1)encourag e sth e G o v ern m ent o fI rantoa l lo wJ oshua F attal ,S hane B auer, an d Sarah Shourd to commun i cate by tele p hone with their families in the U nited States and ( 2 ) encourages the Government of Iran to allow Joshua Fattal, Shane Bauer, and Sarah Shourd to reunite with their families in the United States as soon as possible .A greed to O ctober 2 9 ,2 0 09. ADJOURNME N T—H OU S EO F RE P RESENTAT IV ES AND SENATE Resolv e dbyth e H o u seo f Re pr ese n t a t i ves ( the S enate c oncur - rin g),T hat when the H ouse ad j ourns on any legislative day from Friday, N ovember 6, 2009, through Tuesday, November 10, 2009, on a motion offered pursuant to this concurrent resolution by its M ajority L eader or his designee, it stand adjourned until 2 p.m. on Monday, November 16, 2009, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first; and that when the Senate recesses or adjourns on any day from Friday, November 6, 2009, through Tuesday, November 10, 2009, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand recessed or adjourned until noon on Monday, November 16, 2009, or such other time on that day as may be specified in the motion to recess or adjourn, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first. S EC . 2. The Spea k er of the House and the Majority Leader of the Senate, or their respective designees, acting jointly after consultation with the Minority Leader of the House and the Minority Leader of the Senate, shall notify the Members of the House and the Senate, respectively, to reassemble at such place and time as they may designate if, in their opinion, the public interest shall warrant it. Agreed to November 9, 2009. ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE Resolved by the House of Representatives (the Senate concur- ring), That when the House adjourns on the legislative day of Thursday, November 19, 2009, or Friday, November 20, 2009, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand adjourned until 2 p.m. on Tuesday, D ecember 1, 2009, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first; and that when the Senate recesses or adjourns on any day from Friday, November 20, 2009, through W ednesday, November 2 5, 2009, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand recessed or adjourned until noon on Monday, November 3 0, 2009, or such Nov.20, 200 9[H . C o n. Res .2 14] Nov. 9, 2009 [H. Con. Res. 210]


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 123STA T . 3 569CON C UR R E NT RESO L UT I ONS —D EC. 1 8, 2 0 09 other t im eo n th a t d a y a s may b es p e c i f ied in the motion to recess or ad j o u rn , or unti l the time of any reassembly pursuant to section 2 of this concurrent resolution, w hiche v er occurs first .SEC . 2. T he Spea k er of the H ouse and the M ajority L eader of the Senate, or their respective desi g nees, acting jointly after consultation with the Minority Leader of the House and the Minority Leader of the Senate, shall notify the Members of the House and the Senate, respectively, to reassemble at such place and time as they may designate if, in their opinion, the public interest shall warrant it. A greed to N ovember 2 0, 200 9 . MAGUIND ANA O,PH I L IPPIN ES MASSA CR E — CONDOLENCES AND CONDEMNA T ION W hereas, on November 2 3, 2009, 57 unarmed civilians were slain in Maguindanao in the worst politically motivated violence in recent P hilippine history Whereas those killed were on their way to file nomination papers on behalf of I smael Mangudadatu, vice mayor of B uluan, who intended to run against Andal Ampatuan, J r. who is currently mayor of D atay U nsu, in ne x t year ’ s gubernatorial elections to succeed Andal Ampatuan, Sr., the father of Andal Ampatuan, Jr.; Whereas many of those killed were women and children, including the wife of V ice Mayor Ismael Mangudadatu and his two sisters; Whereas most of the women were reportedly raped and their bodies were mutilated after being shot; Whereas as of December 2, 2009, initial charges have been filed in connection with the massacre, according to press reports; Whereas the F reedom Fund for Filipino Journalists reports that at least 30 journalists and media workers were killed in the Maguindanao massacre; Whereas, the C ommittee to Protect Journalists reports that prior to the Maguindanao massacre, 30 journalists had been killed in the Philippines since 2000, and suspects were prosecuted in no more than 4 cases, putting into q uestion the safety of journal - ists and the integrity of independent journalism in the Phil- ippines; Whereas government prosecutors and judges with jurisdiction over the massacre have allegedly received threats and have been told to ‘ ‘go slow’’ on the investigation; Whereas President G loria Macapagal Arroyo declared a state of emergency in Maguindanao the day after the massacre, vowing that ‘‘no effort will be spared to bring justice to the victims’’; Whereas extrajudicial killings and election-related violence are common in the Philippines, though never on this scale and rarely with this level of brutality; and Whereas the United States and the Philippines share a strong friendship based on shared history and the commitment to democ- racy and freedom Now, therefore, be it Dec.18,20 0 9[H . Con . R e s . 218 ]


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 123STA T . 3 570CON C UR R E NT RESO L UT I ONS —D EC. 22, 200 9Resolv e dbyth e H o u seo f Re pr ese n t a t i ves ( the S enate c oncur - rin g),ThatCongres s —(1) regrets the sense l ess ki lling o fu nar m e dc i v ilians and e xp resses its deepest condolences to the families of the 57 victims ( 2 ) condemns the culture of impunit y that continues to exist among clans , politicians, armed elements, and other per - sons of influence in the P hilippines; ( 3 ) calls for a thorough, transparent, and independent investigation and prosecution of those w ho are responsi b le for the massacre, including those who committed the killings and anyone who may have ordered them, and that the proceedings be conducted with the highest possible level of professionalism, impartiality, and regard for witness protection to assure the F ilipino people that all the responsible persons are brought to j ustice; ( 4 ) calls for an end to extrajudicial killings and election- related violence; (5) calls for freedom of press and the safety of the reporters investigating the massacre; ( 6 ) urges the D epartments of S tate and J ustice and other U nited States G overnment agencies to review their assistance programs to the Government of the Philippines, and to offer any technical assistance, such as forensics support, that Phil- ippine authorities may re q uest; and (7) reaffirms the United States commitment to working alongside Philippine authorities to combat corruption, ter- rorism, and security threats .A greed to December 1 8 ,2 0 0 9 . ARMYSIGN A LCO R P S T RAINING C E NTER AT F ORT GOR D ON , GEORGIA —60 T H ANNI V ERSARY W hereas in 1940, in preparation for possible involvement in World War I I, the United States Army identified a site near Augusta, Georgia, that was suitable for division-level training, and the War Department entered into a $ 22 million contract to construct the new installation; Whereas, at the groundbreaking ceremony on O ctober 18, 1941, the new installation was named Camp Gordon in memory of John B . Gordon, a general in the Civil War and former Georgia Governor; Whereas during World War II, Camp Gordon was home to three Army divisions, namely the 4th Infantry Division, the 26th Infantry Division, and the 10th Armored Division until they were deployed to E urope, where all three served with distinction; Whereas after the war, on N ovember 1, 1948, Camp Gordon began its signal corps tradition by becoming the home of the Signal Corps Training Center; Whereas by 1950, the need for signalmen for the Army during the K orean War led to a major expansion of the Signal Corps Dec.2 2, 2 0 0 9[H . Con . R e s .20 6]


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 123STA T . 3 57 1 CON C UR R E NT RESO L UT I ONS —D EC. 22, 2 0 0 9Train in gCe n t er ,m a k ingitt h e l arge s t single s ou r c eo fA rm y communications s p ecialists hereas, on M arch 21 ,1 956, Camp G or d on w as made a permanent installation and renamed F ort Gordon; Whereas the military conflicts in S outheast Asia in the 196 0 s and 19 7 0s, together with ad v ances in communications - electronics ( C –E) technology, placed heavy training demands on Fort Gordon; Whereas at the height of the V ietnam War, the Signal Corps Training Center was renamed the Southeastern Signal School and b ecame the primary source of personnel for tactical C–E units in Vietnam; Whereas in September 1965, the Southeastern Signal School acti- vated the Signal O fficer Candidate School, from which more than 2,000 officers graduated by February 196 8 Whereas in the post-Vietnam era, as the Army reorgani z ed and modernized, signal training at Fort Gordon progressed to keep pace with rapid technological advances on the modern battlefield, and the Southeastern Signal School was renamed first as the U nited States Army Signal School and subse q uently the United States Army Signal Center at Fort Gordon; Whereas in J une 1986, the United States Army Signal Corp R egi- ment was established, and Fort Gordon was designated as the regimental home base; Whereas the Signal Center ’ s efforts included the development of Mobile Subscriber Equipment, the Army’s communications architecture and assuming the lead for the Army’s I nformation Mission Area, which included the integration of automation, communications, visual information, records management, and publications and printing; Whereas in 1990 and 1991, the Signal Center played a vital role in preparing soldiers for deployment during Operation D esert Shield and Operation Desert Storm; Whereas in the 1990s, Fort Gordon became the home for training most of the personnel within the Department of Defense who operate and maintain satellites and continued to train signal troops of allied and foreign countries; Whereas Fort Gordon continues to serve as a power pro j ection base for several Signal units responsible for conducting operations overseas; Whereas appro x imately 19,000 soldiers are stationed at Fort Gordon, and many of these soldiers have been deployed in Oper- ation Iraqi Freedom or Operation Enduring Freedom multiple times; and Whereas the strength and unwavering support of the soldiers and their families of Fort Gordon and the entire Augusta community have contributed to making the United States a safe and secure country
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ow, therefore, be it Resolv e dbyth e H o u seo f Re pr ese n t a t i ves ( the S enate c oncur - rin g), That Congress — (1) recognizes Fort Gordon as the home of the United States Army Signal Corps on the occasion of the 60th anniver- sary of Fort Gordon serving as the home of the Signal Corps Training Center;


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 123STA T . 3 57 2 CON C UR R E NT RESO L UT I ONS —D EC. 2 4, 2 0 0 9(2)com m endsth eso l d i e r s , their fa milies, and the ci v ilian p ersonnel at F ort G ordon for their service and dedication to the U nited S tates and ( 3 ) reco g ni z es the contri bu tions of Fort Gordon to O peration I ra q i Freedom and Operation E nduring Freedom .A greed to D ecember 22, 2 0 0 9 . ADJOURNME N T—H OU S EO F RE P RESENTAT IV ES AND SENATE Resolv e dbyth e H o u seo f Re pr ese n t a t i ves ( the S enate c oncur - rin g),T hat w hen the H ouse ad j ourns on an y legislative day from W ednesday, December 16, 2009, through Saturday, J anuary 2, 2010, on a motion offered pursuant to this concurrent resolution by its M ajority L eader or his designee, it stand adjourned sine die, or until the time of any reassembly pursuant to section 3 of this concurrent resolution; and that when the Senate adjourns on any day from Friday, December 1 8, 2009, through Saturday, January 2, 2010, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand adjourned sine die, or until the time of any reassembly pursuant to section 3 of this concurrent resolution.S EC. 2. When the House adjourns on any legislative day of the second session of the One Hundred Eleventh C ongress from Tuesday, January 5, 2010, through Satur - day, January 9, 2010, on a motion offered pursuant to this concur- rent resolution by its Majority Leader or his designee, it shall stand adjourned until noon on Tuesday, January 12, 2010, or until the time of any reassembly pursuant to section 3 of this concurrent resolution, whichever occurs first; and that when the Senate recesses or adjourns on any day of the second session of the One Hundred Eleventh Congress from Tuesday, January 5, 2010, through Saturday, January 9, 2010, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it shall stand recessed or adjourned until noon on Tuesday, January 19, 2010, or until such other time on that day as may be specified by its Majority Leader or his designee in the motion to recess or adjourn, or until the time of any reassembly pursuant to section 3 of this concurrent resolution, whichever occurs first.SEC. 3. The Spea k er of the House and the Majority Leader of the Senate, or their respective designees, acting jointly after consultation with the Minority Leader of the House and the Minority Leader of the Senate, shall notify the Members of the House and the Senate, respectively, to reassemble at such place and time as they may designate if, in their opinion, the public interest shall warrant it. Agreed to December 2 4, 2009. Dec.24, 2 0 0 9[H . Con . R e s .22 3]


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 123STA T . 3 57 5 PROCL A M AT I O N8 335 —J AN. 6, 2 0 0 9Proclam a ti o n83 3 5—J an u ar y6,20 0 9Establi s hmen t of the M a r ianas T ren c h Marine N ational Mon u ment BythePr e sid e n t of the U nited S t a tes of Am eri c a A Proc l amation Overap pr oxim a t e ly480n a u ti c al mile s, t h e M ariana A rchipela g oen - compasses the 1 4 islan d so f the U nited S tates C ommon w ealth of the N orthern Mariana I slands and the United States T erritory of G uam that sit atop the Mariana R idge in an area k nown as the Mariana V olcanic Arc . The Mariana Volcanic Arc is part of a su b duction system in which the P acific Plate plunges beneath the Philippine Sea Plate and into the E arth ’ s mantle, creating the Mariana Trench. Six of the archipelago’s islands have been volcanically active in historic times, and numerous seamounts along the Mariana Ridge are volcanically or hydrothermically active. The Mariana Trench is approximately 9 40 nautical miles long and 3 8 nautical miles wide within the United States Exclusive Economic Z one and contains the deepest known points in the global ocean. The Mariana Volcanic Arc contains ob j ects of scientific interest, in- cluding the largest active mud volcanoes on Earth. The Champagne vent, located at the Eifuku submarine volcano, produces almost pure li q uid carbon dioxide. This phenomenon has only been observed at one other site in the world. The Sulfur Cauldron, a pool of liquid sul- fur, is found at the D aikoku submarine volcano. The only other known location of molten sulfur is on Io, a moon of J upiter. Unlike other reefs across the Pacific, the northernmost Mariana reefs provide unique vol- canic habitats that support marine biological communities requiring basalt. Maug Crater represents one of only a handful of places on Earth where photosynthetic and chemosynthetic communities of life are known to come together. The waters of the archipelago’s northern islands are among the most biologically diverse in the W estern Pacific and include the greatest di- versity of seamount and hydrothermal vent life yet discovered. These volcanic islands are ringed by coral ecosystems with very high num- bers of apex predators, including large numbers of sharks. They also contain one of the most diverse collections of stony corals in the West- ern Pacific. The northern islands and shoals in the archipelago have substantially higher large fish biomass, including apex predators, than the southern islands and Guam. The waters of F arallon de Pajaros ( also known as Uracas ) , Maug, and Asuncion support some of the largest biomass of reef fishes in the Mariana Archipelago. These relatively pristine coral reef ecosystems are objects of scientific interest and es- sential to the long-term study of tropical marine ecosystems. W H EREAS the submerged volcanic areas of the Mariana Ridge, the coral reef ecosystems of the waters surrounding the islands of Farallon de Pajaros, Maug, and Asuncion in the Commonwealth of the Northern Mariana Islands, and the Mariana Trench contain objects of scientific interest that are situated upon lands owned or controlled by the Gov- ernment of the United States


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 123STA T . 3 576PROCL A M AT I O N8 335 —J AN. 6, 2 0 0 9WHER E AStheUni te d St a te sco ntin u es to act in acco r dance w ith the b a l ance o f interests relatin g to traditional uses of the oceans recog - ni z ing freedo m of na v igation and overflight and other internationall y recognized lawful uses of the sea WHEREAS the islands , waters, and airs p ace of the M ariana Ridge are of particular importance to the national security of the United States; WHEREAS section 2 of the Act of J une 8, 1906(34 Stat . 22 5 , 16 U.S. C . 431 ) (the ‘ ‘Anti q uities Act ’ ’) authorizes the P resident, in his discretion, to declare by public proclamation historic landmar k s, historic and pre- historic structures, and other ob j ects of historic or scientific interest that are situated upon lands owned or controlled by the G overnment 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 con- fined to the smallest area compatible with the proper care and manage- ment of the objects to be protected; WHEREAS it is in the public interest to preserve the known volcanic areas of the Mariana Ridge, the marine environment around the islands of F arallon de Pajaros, Maug, and Asuncion in the Commonwealth of the N orthern Mariana I slands, and the Mariana T rench for the care and management of the scientific objects therein N O W, THEREFORE, I, GEORGE W. B USH, President of the United States of America, by the authority vested in me by section 2 of the Antiquities Act do proclaim that there are hereby set apart and re- served as the Marianas Trench Marine National Monument (the ‘‘monument’’ or ‘‘marine national monument’’) for the purpose of pro- tecting the objects identified above, all lands and interests in lands owned or controlled by the Government of the United States within the boundaries described below and depicted on the accompanying map entitled ‘‘Marianas Trench Marine National Monument’’ attached to and forming a part of this proclamation. The monument includes the waters and submerged lands of the three northernmost Mariana Islands (the ‘‘Islands Unit’’) and only the submerged lands of designated vol- canic sites (the ‘‘ V olcanic Unit’’) and the Mariana Trench (the ‘‘Trench Unit’’) to the e x tent described as follows: The seaward boundaries of the Islands Unit of the monument extend to the lines of latitude and longitude depicted on the accompanying map, which lie approximately 50 nautical miles from the mean low water line of Farallon de Pajaros (Uracas), Maug, and Asuncion. The inland boundary of the Islands Unit of the monument is the mean low water line. The boundary of the Trench Unit of the monument extends from the northern limit of the Exclusive Economic Z one of the United States in the Common- wealth of the Northern Mariana Islands to the southern limit of the Ex- clusive Economic Zone of the United States in Guam approximately following the points of latitude and longitude identified on the accom- panying map. The boundaries of the Volcanic Unit of the monument include a circle drawn with a 1 nautical mile radius centered on each of the volcanic features identified on the accompanying map and its legend. The Federal land and interests in land reserved consists of ap- proximately 95,216 square miles of submerged lands and waters of the Mariana Archipelago, which is the smallest area compatible with the proper care and management of the objects to be protected. Submerged lands that by legislation are subsequently granted by the United States to the Commonwealth of the Northern Mariana Islands


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 123STA T . 3 57 7 PROCL A M AT I O N8 335 —J AN. 6, 2 0 0 9butremainco ntro l le d b y t h e U nited S tate s under the A nti q uities Act may remain p art o f the monument , for coordination of mana g ement w ith the G o v ernment of the C ommonwealth of the N orthern M ariana I slands . Any submerged lands and interests in submerged lands within the monument not owned or controlled by the United States shall be reserved as a part of the monument upon acquisition of title or control by the United States. Man a gem en tof t h eMa ri ne N ationa l Mon u ment T he Secretaries of Commerce, through the National O ceanic and At - mospheric Administration, and the Interior, shall manage the monu- ment pursuant to applicable legal authorities and in consultation with the Secretary of D efense. The Secretary of the Interior shall have man- agement responsibility for the monument, in consultation with the Sec- retary of Commerce, e x cept that the Secretary of Commerce shall have the primary management responsibility, in consultation with the Sec- retary of the Interior, with respect to fishery-related activities regulated pursuant to the Magnuson-Stevens F ishery Conservation and Manage- ment Act (16 U.S.C. 1 80 1 ets e q . ) and any other applicable authorities. The Secretaries of the Interior and Commerce shall not allow or permit any appropriation, in j ury, destruction, or removal of any feature of this monument except as provided for by this proclamation or as otherwise provided for by law. The Secretaries of the Interior and Commerce shall ta k e appropriate ac- tion pursuant to their respective authorities under the Antiquities Act and the Magnuson-Stevens Fishery Conservation and Management Act, and such other authorities as may be available to implement this proc- lamation, to regulate fisheries, and to ensure proper care and manage- ment of the monument. R e gula t ion o fSc ientific Exp lo r ation an d Researc h Subject to such terms and conditions as the Secretary deems necessary for the care and management of the objects of this monument, the Sec- retary of the Interior may permit scientific exploration and research within the monument, including incidental appropriation, injury, de- struction, or removal of features of this monument for scientific study, and the Secretary of Commerce may permit fishing within the monu- ment for scientific exploration and research purposes to the extent au- thori z ed by the Magnuson-Stevens Fishery Conservation and Manage- ment Act. The prohibitions required by this proclamation shall not re- strict scientific exploration or research activities by or for the Secre- taries, and nothing in this proclamation shall be construed to require a permit or other authorization from the other Secretary for their re- spective scientific activities. Regulation of F ishing and M anage m ent of Fisher y Resources W ithin the Islands Unit of the monument, the Secretary of Commerce shall prohibit commercial fishing. Subject to such terms and conditions as the Secretary of Commerce deems necessary for the care and man- agement of the objects of the Islands Unit, the Secretary, consistent with E xecutive Order 1 29 62 of J une 7, 199 5 , as amended, shall ensure that sustenance, recreational, and traditional indigenous fishing shall be managed as a sustainable activity consistent with other applicable law and after due consideration with respect to traditional indigenous


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 123STA T . 3 578PROCL A M AT I O N 8335 —J AN. 6, 2 0 0 9fish i ngo f a n ydet e rm ination b y the G o v ernment of the C ommon w ea l th of the N orthern M ariana I slands .Monume n t M a na g ement Pl ann i ng T he S e c retaries of the Interior and Commerce shall , within 2 years of the date of this p roclamation, prepare management plans within their respective a u thorities and promulgate implementing regulations that address any further specific actions necessary for the proper care and management of the ob j ects identified in this proclamation. In devel - oping and implementing any management plans and any management rules and regulations, the Secretaries shall designate and involve as co- operating agencies the agencies with jurisdiction or special e x pertise, including the D epartment of Defense, the Department of State, and other agencies through scoping in accordance with the National E nvi- ronmental P olicy A ct (4 2 U .S.C. 4 3 2 1 et s e q . ) , its implementing regula- tions and with Executive O rder 133 5 2 of August 2 6 ,2 0 04, F acilitation of Cooperative Conservation, and shall treat as a cooperating agency the Government of the Commonwealth of the Northern Mariana Is- lands, consistent with these authorities. The monument management plans shall ensure that the monument will be administered in accord- ance with this proclamation, and shall, as appropriate to their respec- tive authorities, provide for 1. management of the Islands Unit of the monument, in consultation with the Government of the Commonwealth of the Northern Mariana Islands, including designation of specific roles and responsibilities and the means of consultation on management decisions as appropriate, without affecting the respective authorities or jurisdictions of the Com- monwealth of the Northern Mariana Islands or the Secretaries of the Interior or of Commerce 2. public education programs and public outreach regarding the coral reef ecosystem and related marine resources and species of the monu- ment and efforts to conserve them; 3. traditional access by indigenous persons, as identified by the Secre- taries in consultation with the Government of the Commonwealth of the Northern Mariana Islands, for culturally significant subsistence, cultural and religious uses within the monument; 4. a program to assess and promote monument-related scientific explo- ration and research, tourism, and recreational and economic activities and opportunities in the Commonwealth of the Northern Mariana Is- lands; 5. a process to consider re q uests for recreational fishing permits in cer- tain areas of the Islands Unit, based on an analysis of the li k ely effects of such fishing on the marine ecosystems of these areas, sound profes- sional judgment that such fishing will not materially interfere with or detract from the fulfillment of the purposes of this proclamation, and the extent to which such recreational fishing shall be managed as a sustainable activity consistent with Executive Order 12 9 62, as amend- ed, and other applicable law; and 6. programs for monitoring and enforcement necessary to ensure that scientific exploration and research, tourism, and recreational and com- mercial activities do not degrade the monument ’ s coral reef ecosystem or related marine resources or species or diminish the monument’s nat- ural character.


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 123STA T . 3 579PROCL A M AT I O N8 335 —J AN. 6, 2 0 09 Theman a g emen tpl an s an d the ir implementing reg u lati o ns shall im - pose no restri c tions on innocent passage in the territorial sea or other- w ise restrict na v igation , over f light, and other internationall y recog- ni z ed lawful uses of the sea, and shall incorporate the provisions of this proclamation regarding A rmed F orces actions and compliance with international law . This proclamation shall b e applied in accordance with international law. N o restrictions shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the U nited S tates ( includ- ing foreign flag vessels ) unless in accordance with international law. Nothing in this proclamation shall be deemed to diminish or enlarge the j urisdiction of the C ommonwealth of the Northern M ariana I slands. AdvisoryC o unc i l The Secretaries of the Interior and Commerce, within 3 months of the date of this proclamation and after considering recommendations from the G overnor of the Commonwealth of the Northern Mariana Islands, the Secretary of D efense, and the Secretary of H omeland Security, shall establish the Mariana Monument Advisory Council to provide advice and recommendations on the development of management plans and management of the monument. The Advisory Council shall consist of three officials of the Government of the Commonwealth of the North- ern Mariana Islands and one representative each from the Department of Defense and the United States Coast Guard. Members of the Advisory Council will be appointed for a term of 3 years by the Secretaries of the Interior and Commerce after nomination by the head of the pertinent e x ecutive branch agency or, with respect to the officials of the Government of the Commonwealth of the North- ern Mariana Islands, by the Governor of the Commonwealth of the Northern Mariana Islands. The Advisory Council will adopt such pro- cedures as it deems necessary to govern its activities. E ach partici- pating agency shall be responsible for the expenses of its representative and the Departments of the Interior and Commerce shall be e q ually re- sponsible for the costs of the Advisory Council. Eme r g encies ,Nat ional S ecurity, and L a w En f orcement Activities 1 . The prohibitions required by this proclamation shall not apply to ac- tivities necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for national security or law enforcement purposes. 2 . Nothing in this proclamation shall limit agency actions to respond to emergencies posing an unacceptable threat to human health or safety or to the marine environment and admitting of no other feasible solu- tion. Armed F orces Actions 1. The prohibitions required by this proclamation shall not apply to ac- tivities and exercises of the Armed Forces (including those carried out by the United States Coast Guard). 2. The Armed Forces shall ensure, by the adoption of appropriate measures not impairing operations or operational capabilities, that its vessels and aircraft act in a manner consistent, so far as is reasonable and practicable, with this proclamation.


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 123STA T . 3 580PROCL A M AT I O N 8335 —J AN. 6, 200 93.Inthe e v ent of th r e a tene d ora c t u a l de s truct i on of , loss of, or in j ur y toa m onument livin g marine resource resulting from an incident, in - cluding b ut not limited to s p ills and groundings, caused by a compo- nent of the D epartment of Defense or the U nited S tates C oast G uard, the cogni z ant component shall promptly coordinate w ith the Secretary of the Interior or Commerce, as appropriate, for the purpose of ta k ing appropriate actions to respond to and mitigate any actual harm and, if possible, restore or replace the monument resource or q uality. 4 . N othing in this proclamation or any regulation implementing it shall limit or otherwise affect the A rmed F orces ’ discretion to use, maintain, improve, manage, or control any property under the administrative control of a M ilitary Department or otherwise limit the availability of such property for military mission purposes. T his proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, agents, or any other person. All Federal lands and interests in lands within the boundaries of this monument are hereby withdrawn from all forms of entry, location, se- lection, sale, or leasing or other disposition under the public land laws, tothee x tent that those laws apply. The establishment of this monument is subject to valid existing rights. Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation however, the national monu- ment shall be dominant over any other existing Federal withdrawal, reservation, or appropriation. W arning is hereby given to all unauthorized persons not to appro- priate, excavate, injure, destroy, or remove any feature of this monu- ment and not to locate or settle upon any lands thereof. IN WITN E SSW H E R E O F, I have hereunto set my hand this sixth day of J anuary, in the year of our L ord two thousand nine, and of the Inde- pendence of the United States of America the two hundred and thirty- third. GEORGE W. B USH


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 123STA T . 3 58 1 PROCL A M AT I O N 8335 —J AN. 6, 2 0 0 9


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 123STA T . 3 58 2 PROCL A M AT I O N 833 6—J AN. 6, 2 0 0 9Proclam a ti o n83 3 6 o fJ an u ar y 6 ,20 0 9Establi s hmen t — the P a c i f ic R em o te I slan d s M a r ine N ational Mon u ment BythePr e sid e n t of the U nited S t a tes of Am eri c a A Proc l amation ThePacif ic R e mot e Isl a nd sa r ea consists of W a k e ,B aker, H o w land, and J ar v is Islands, Johnston A toll, K in g man Reef, and Palm y ra Atoll, which lie to the so u th and west of Hawaii . With the e x ce p tion of Wake Is - land, these islands are administered as N ational Wildlife Refuges b y the U nited S tates F ish and Wildlife Service of the D epartment of the Interior. These refuges are an important part of the most widespread collection of marine- and terrestrial-life protected areas on the planet under a single country ’ s j urisdiction. They sustain many endemic spe- cies including corals, fish, shellfish, marine mammals, seabirds, water birds, land birds, insects, and vegetation not found elsewhere. Wake Island, to the west of Honolulu, Hawaii, is the northernmost atoll in the M arshall Islands geological ridge and perhaps the oldest living atoll in the world. Though it was substantially modified by the United States to create a military base before and after World War II, its major habitats are the three low coral islands consisting of shells, coral skele- tons, and sand, supporting atoll vegetation adapted to arid climate. Wake Island supports 12 species of resident nesting seabirds and 6 spe- cies of migratory shorebirds, including 2 species of tropicbirds, 3 spe- cies of boobies, G reat Frigatebird, Sooty Tern, Brown Noddy, and Wedge-tailed Shearwater. Black-footed Albatross and L aysan Albatross recently recoloni z ed Wake Island, making it one of the few northern albatross colonies outside the Hawaiian archipelago. Shallow coral reefs thrive around the perimeter of Wake Island. Fish populations are abundant and support at least 323 species, including large populations of the Napoleon wrasse (C helin u s ) , sharks of several species, and large schools of the Bumphead parrotfish (Bol b ometa p on), all of which are globally depleted. Beyond the shallow reefs, the outer reef slope descends sharply to great depths. Baker, Howland, and Jarvis Islands were first formed as fringing reefs around islands formed by C retaceous-era volcanoes (approximately 12 0–75 million years ago). As the volcanoes subsided, the coral reefs grew upward, maintaining proximity to the sea surface. These low coral islands consist of coral rock, shells, and sand that support trees, shrubs, and grasses adapted to the arid climate at the e q uator. All three are surrounded by shallow coral reefs to depths of 100 meters, below which the reef slope descends steeply to great depths. Deep coral for- ests occur below photic zones of all three islands at depths below 200 meters, especially at Jarvis where surveys have revealed living colonies of precious and ancient gold coral up to 5,000 years old. The waters surrounding Baker, Howland, and Jarvis Islands have fish biomass double that of the Papahanaumokuakea Marine National Monument, and 16 times that of the main Hawaiian Islands, due to the E quatorial Undercurrent that moves from west to east along the equa- tor, creating localized nutrient-rich upwellings in shallows next to the islands. These are three of only six islands in the entire Pacific O cean


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 123STA T . 3 58 3 PROCL A M AT I O N 833 6—J AN. 6, 2 0 0 9wher e t h isp he nom enon is possi bl e .T hese isl a n d sarehi g hin c oral co v er and biodiversit y and are predator - dominated systems. Their bio- mass o f top predators e x ceeds that of the G reat B arrier R eef or K enyan M arine P rotected A reas. The islands now host abo u tado z en nesting bird species including several nesting and migratory bird species that are of conservation significance. J arvis alone has nearly 3 million pairs of S ooty Terns. There are about 3 0 0 fish species found off the islands. Giant clams (Tridacn a ),N apoleon wrasses, and Bumphead parrotfish are common, and shar k s of many species are especially abundant at Jarvis and commonly larger there than elsewhere. E ndangered hawksbill turtle and threatened green turtles forage in nearshore wa- ters. All three islands afford uni q ue opportunities to conduct climate change research at the equator, far from population centers. The coral skeletons there have recorded the earth ’ s climatic history for many mil- lions of years. Johnston Atoll, the northernmost island in the island chain, is an an- cient atoll and probably one of the oldest in the Pacific O cean. U nlike most atolls, it does not have a surrounding barrier reef but has a semi- circular emergent reef around the north and western margins of the is- land. F our ma j or habitats characterize Johnston low-lying islets con- sisting of the remains of corals and shells, shallow coral reefs to depths of 15 0 meters, deeper reefs to depths of 1,000 meters or more, and the slope of the ancient volcano on which the island rests. Johnston is a genetic and larval stepping stone from the Remote I slands to the H awaiian Islands for invertebrates, other reef fauna, corals, and dolphins. D espite its isolation, Johnston supports thriving communities of Table corals ( A cr op ora) and a total of 4 5 coral species, including a dozen species confined to the Hawaiian and northern L ine Islands. Some 300 species of reef fish are at Johnston, including the endemic Nahacky’s pygmy angelfish. Many threatened, endangered, and de- pleted species thrive there, including the green turtle, hawksbill turtle, pearl oyster, giant clams, reef sharks, groupers, humphead wrasse, bumphead parrotfish, whales, and dolphins. Endangered Hawaiian Monk Seals occasionally visit the atoll. Deep diving submersible sur- veys have revealed that Johnston supports the deepest reef building corals ( Le p t o s eris) on record and large populations of hydrozoan corals ( M i l lepora ,D istic h opora, S ta y laster). Land areas support large popu- lations of migratory shorebirds and resident seabird species, including populations of regional, national, or international significance: W edge- tailed Shearwaters, C hristmas Shearwaters, Red-tailed Tropicbirds, Brown Boobies, Great Frigatebirds, Gray-backed Terns, and White Terns. Approximately 2 00 threatened Green turtles forage at Johnston. The surrounding waters are used by six depleted or endangered listed cetacean species: Sperm, Blue, Sei, Humpback, and North Pacific Right whales. Spinner dolphins are abundant, and endangered Humpback whales may calve there. Palmyra Atoll is a classic Darwinian atoll that formed atop a sinking Cretaceous-era volcano. Kingman Reef formed in the same manner but is considered an atoll reef because it lacks permanent fast land areas or islands. Kingman Reef contains a sheltered lagoon that served as a way station for flying boats on Hawaii-to-American Samoa flights dur- ing the late 1 9 30s. There are no terrestrial plants on the reef, which is frequently awash, but it does support abundant and diverse marine fauna and flora. Palmyra Atoll is managed by the United States Fish


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 123STA T . 3 584PROCL A M AT I O N 833 6—J AN. 6, 2 0 0 9andWil dli feS e rv i c ea s a w ildlife ref ug e .I n 20 0 1,th e Secretar yo f the Interior esta b lished N ational Wildlife R efuges at P al m yra A toll and K ingman Reef. Palmyra Atoll and Kingman Reef are k nown to be among the most p ris - tine coral reefs in the world, with a fully structured inverted food web. Kingman Reef is the most pristine of any reef under U .S. j urisdiction. T hey are ideal laboratories for assessing effects of climate change with- out the difficulty of filtering anthropogenic impacts. B oth Palmyra Atoll and Kingman Reef support higher levels of coral and other cnidarian species diversity ( 1 8 0 – 1 9 0 species ) than any other atoll or reef island in the central Pacific, twice as many as are found in H awaii or F lorida. Palmyra atoll has one of the best remaining e x amples of Pisonia grandis forest found in the Pacific region. This forest type has been lost or severely degraded over much of its range due to increased human population and development. Fish species diversity at Palmyra ( 4 18 species) is higher than, while that of Kingman (29 7 species) is comparable to, that of the other remote Pacific refuges. M any threat- ened, endangered, and depleted species thrive there, including the green and hawksbill turtle, pearl oyster, giant clams (the highest con- centration in the Pacific Remote Island Area), reef sharks, C oconut crabs, groupers, humphead and Napoleon wrasse, bumphead parrotfish, and dolphins. Significant numbers of threatened green tur- tles forage at both atolls, especially at Palmyra endangered Hawksbill sea turtles forage at both atolls. L arge schools of rare Melon-headed whales reside off both atolls. A possibly new species of beaked whale was recently described from 2 specimens stranded at Palmyra and 1 at Christmas Island. Palmyra supports 11 nesting seabird species includ- ing the third-largest Red-footed Booby colony in the world. Large num- bers of Bristle-thighed Curlews, a migratory shorebird of conservation significance, winter at Palmyra. WH E REAS Wake, Baker, Howland, and J arvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll and their surrounding waters contain objects of historic or scientific interest that are situated upon lands owned or controlled by the G overnment of the United States; WHEREAS the D epartment of Defense has historically maintained fa- cilities, defensive areas, and airspace reservations at Wake Island and Johnston Atoll; WHEREAS the United States continues to act in accordance with the balance of interests relating to traditional uses of the oceans recog- ni z ing freedom of navigation and overflight and other internationally recognized lawful uses of the sea; WHEREAS section 2 of the Act of June 8, 190 6 ( 3 4 Stat. 22 5, 16 U.S.C. 431) (the ‘ ‘Anti q uities Act ’ ’) authorizes the President, in his discretion, to declare by public proclamation historic landmarks, historic and pre- historic 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 con- fined to the smallest area compatible with the proper care and manage- ment of the objects to be protected; WHEREAS it is in the public interest to preserve the marine environ- ment around the islands of Wake, Baker, Howland, and Jarvis Islands,


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 123STA T . 3 58 5 PROCL A M AT I O N 833 6—J AN. 6, 2 0 0 9Johnst on A to l l ,Ki n gma n Re e f ,an dP alm yr a Atoll for the c are and man - agement of the historic and scientific o bj ects therein
 * NOW

, THE RE F ORE, I , G EORGE W .BUS H, President of the United States of America, by the a u thority v ested in me by section 2 of the Anti q uities Act, do p roclaim that there are hereby set apart and re- served as the Pacific Remote Islands M arine National Monument ( the ‘ ‘monument ’ ’ or ‘‘marine national monument’’ ) for the purpose of pro- tecting the objects identified above, all lands and interests in lands o w ned or controlled by the Government of the United States within the boundaries described below and depicted on the accompanying maps entitled ‘‘Pacific Remote Islands Marine National Monument’’ attached to and forming a part of this proclamation. The monument includes the waters and submerged and emergent lands of the Pacific Remote Is- lands to the lines of latitude and longitude depicted on the accom- panying maps, which lie appro x imately 50 nautical miles from the mean low water lines of Wa k e, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll. The Federal land and interests in land reserved consists of approximately 86 ,888 square miles, which is the smallest area compatible with the proper care and management of the objects to be protected. All Federal lands and interests in lands within the boundaries of this monument are hereby withdrawn from all forms of entry, location, se- lection, sale, leasing, or other disposition under the public land laws to the extent that those laws apply. L ands and interests in lands within the monument not owned or controlled by the United States shall be reserved as a part of the monument upon acquisition of title or control by the United States. Man a gem en tof t h eMa ri ne N ationa l Mon u ment The Secretary of the Interior, in consultation with the Secretary of C ommerce, shall have responsibility for management of the monument, including out to 1 2 nautical miles from the mean low water lines of Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll, pursuant to applicable legal authorities. How- ever, the Secretary of D efense shall continue to manage Wake Island, according to the terms and conditions of an Agreement between the Secretary of the Interior and Secretary of the Air Force, unless and until such Agreement is terminated. The Secretary of Commerce, through the National Oceanic and Atmospheric Administration, and in consultation with the Secretary of the Interior, shall have primary re- sponsibility for management of the monument seaward of the area 12 nautical miles of the mean low water lines of Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll, with respect to fishery-related activities regulated pursuant to the Mag- nuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 ets e q. ) and any other applicable legal authorities. The Secretaries of Commerce and the Interior shall not allow or permit any appropria- tion, injury, destruction, or removal of any feature of this monument except as provided for by this proclamation and shall prohibit commer- cial fishing within boundaries of the monument. The Secretaries of the Interior and of Commerce shall take appropriate action pursuant to their respective authorities under the Antiquities Act and the Magnuson-Stevens Fishery Conservation and Management Act, and such other authorities as may be available to implement this


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Translation:Shulchan Aruch/Orach Chaim/538

Some Things with a Potential Loss

כמה ענינים הנקראים דבר האבד

Paragraph 1 - If one turned his olives or had wine in the pit and then something forced him [to not finish the process] or he forgot or he neglected to do it because he thought that it could wait until after the holiday, and he thus did not finish the process before the holiday, because there is potential loss involved, he may empty the vats [into the press], both big and little ones, and cork (meaning to put in the stopper) the vats as usual with no change [in the way it is done]. Rem"a: It is also the case that he can fix the vats by fixing them with wicker (Mordechai). However, he should not plan to do this work on hol hamoed. Rather, he should do everything before the holiday if he knows that it will end up being necessary on the holiday (Hagahot Maimoni and Trumat Hadeshen). He can also take his flax out of the retting, and any other similar case that involves a potential loss, as long as he does not plan to do this work on the holiday.

סעיף א - מי שהפך את זיתיו או שהיה יינו בבור, וארע אנס או ששכח או נתעצל שהיה סבור שהיה יכול לשהות לאחר הרגל, ולא עשה קדם הרגל, מאחר שהוא דבר האבד זולף, וגומר, ומזפת החביות בין קטנות בין גדולות, וגף (פרוש שישים בהן מגופתן) החביות, כדרכו בלא שנוי. הגה: ''והוא הדין דיכול לתקן החביות לקשרם בעקלים (מרדכי). אבל לא יכון מלאתו במועד, אלא יעשה הכל קדם המועד אם יודע שיצטרך במועד (הגהות מיימוני ותרומת הדשן).'' וכן שולה פשתנו מן המשרה, וכל כיוצא בזה מדבר האבד, ובלבד שלא יכון מלאכתו במועד.

Paragraph 2 - It is permitted to bring fruit in because of [fear of] theft if they are not in a protected place. However, this should be done in secret, for instance, at night. If it is something that will be more public during night than during the day, like if it will need to be done with torches and noise, he should bring them in during the day. Rem"a: If it is only possible to do this publicly, everything is allowed when there is potential loss (the Magid chapter 7 and Mordechai chapter "Mi sheHafach").

סעיף ב - מתר להכניס פרות מפני הגנבים אם אינם במקום המשתמר ומיהו יעשה בצנעה, כגון שיכניסם בלילה, ואם הוא דבר שיש בו פרסום בלילה יותר מביום, כגון שצריך להכניסו באבוקות ובקולות, יכניסם ביום. הגה: ואם אי אפשר לעשותן כי אם בפרהסיא, הכל שרי בדבר האבד (המגיד פרק ז' ומרדכי פרק מי שהפך).

Paragraph 3 - It is forbidden to transport money between cities if there is no potential loss involved.

סעיף ג - אסור להסיע ממונו מעיר לעיר אם לא בשביל דבר האבד.

Paragraph 4 - If one had figs lying in the field to dry and he worries about rain, he is allowed to cover them with straw. The cover can even be thick.

סעיף ד - היו לא תאנים שטוחים בשדה ליבש וירא מהמטר, מתר לחפותם בקש אפלו חפוי עב.

Paragraph 5 - If somebody has merchandise that will be ruined if it is not flipped, it is permitted to flip it on hol hamoed.

סעיף ה - מי שיש לו סחורה שאם לא יהפכנה ממטה למעלה תתקלקל, מתר להפכה בחל המועד.

Paragraph 6 - If one planned his work such that it would be left for hol hamoed and did it on hol hamoed, the court destroys what he accomplished, repossesses it, and renders it ownerless. Rem"a: If he did work for others such that it is impossible to penalize him, like if he is a tailor or a scribe who does work for others, they would excommunicate him and lash him (Beit Yosef and Rabbenu Yerucham). If he died, his son should not be penalized. [His son] is permitted to do the work if there is a potential loss involved.

סעיף ו - המכון מלאכתו והניחה למועד ועשאה במועד, בית דין מאבדין אותה ממנו ומפקירים אותה לכל. הגה: ואם הוא עושה מלאכת אחרים שאי אפשר לקנסו, כגון חיט או סופר שעושה מלאכת אחרים, היו משמתין ליה ומלקין אותו (בית יוסף ורבינו ירוחם). ואם מת, לא יקנסו בנו אחריו, ומתר לו לעשותה אם הוא דבר האבד.

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 123STA T . 3 586PROCL A M AT I O N 8336 —J AN. 6, 2 0 0 9proclam a ti o n, tor egu late f i sh eries, an d to ensure proper care and man - agement of the monument .Regulation o fSc ientific Exp lo r ation an d Re s earc hS u bj ect to such terms and conditions as the respecti v e Secretar y deems necessary for the care and management of the objects of this monu- ment, the Secretary of the I nterior may permit scientific e x ploration and research w ithin the monument, including incidental appropria- tion, injury, destruction, or removal of features of this monument for scientific study, and the Secretary of C ommerce may permit fishing within the monument for scientific exploration and research purposes to the extent authori z ed by the M agnuson-Stevens F ishery Conserva- tion and Management A ct. T he prohibitions re q uired by this proclama- tion shall not restrict scientific exploration or research activities by or for the Secretaries, and nothing in this proclamation shall be construed to require a permit or other authorization from the other Secretary for their respective scientific activities. Regulation of F ishing and M anage m ent of Fisher y Resources The respective Secretaries may permit noncommercial fishing upon re- quest, at specific locations in accordance with this proclamation. N on- commercial fishing opportunities currently allowed by the U .S. Fish and W ildlife Service at P almyra Atoll may continue unless the Sec- retary of the Interior determines such fishing would not be compatible with the purposes of the Palmyra Atoll National Wildlife R efuge. The Secretary shall provide a process to ensure that recreational fishing shall be managed as a sustainable activity in certain areas of the monu- ment, consistent with E xecutive O rder 1296 2of J une 7, 199 5 ,as amended, and other applicable law. Monument Management P lanning The Secretaries of the Interior and Commerce shall, within 2 years of the date of this proclamation, prepare management plans within their respective authorities and promulgate implementing regulations that address any further specific actions necessary for the proper care and management of the objects identified in this proclamation at B a k er, H owland, and Jarvis Islands, K ingman Reef, and Palmyra Atoll. The Secretaries shall revise and update the management plans as necessary. The Secretary of the Interior shall revise the management plan to incor- porate measures for the management of Johnston Atoll within 2 years of the date that the D epartment of Defense terminates its use of John- ston Atoll. If the Secretary of the Air Force terminates the Agreement regarding its use of Wake Island, the Secretary of the Interior shall re- vise the management plan to incorporate Wake Island management within 2 years of the date that the Air Force terminates its use of Wake Island. In developing and implementing any management plans and any management rules and regulations, the Secretaries shall consult and designate and involve as cooperating agencies the agencies with jurisdiction or special expertise, including the Department of Defense, in accordance with the National Environmental Policy Act (4 2 U.S.C. 4 3 21etse q.,) its implementing regulations, and with Executive Order 13352, of August 26, 2 0 04, Facilitation of Cooperative Conservation. The management plans and their implementing regulations shall im- pose no restrictions on innocent passage in the territorial sea or other- wise restrict navigation and overflight and other internationally recog-


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 123STA T . 3 587PROCL A M AT I O N 833 6—J AN. 6, 2 0 0 9nizedlawfu lu s es o f th eseainthe m onument and shall in c o rp orate the pro v isions of this proclamation re g arding A rmed F orces actions and compliance with international law .T his proclamation shall b e applied in accordance with international law. N o restrictions shall appl y to or be enforced against a person who is not a citizen , national, or resident alien of the U nited S tates ( includ - ing foreign flag vessels ) unless in accordance with international law. Emerg e nci e s,Nat i o na lS ec u rit y ,an dL a w En f orcement A cti v ities 1 . The prohibitions re q uired by this proclamation shall not apply to ac- tivities necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for national security or law enforcement purposes. 2 . Nothing in this proclamation shall limit agency actions to respond to emergencies posing an unacceptable threat to human health or safety or to the marine environment and admitting of no other feasible solu- tion. Armed F orces Actions 1. The prohibitions required by this proclamation shall not apply to ac- tivities and e x ercises of the Armed Forces (including those carried out by the United States C oast G uard). 2. The Armed Forces shall ensure, by the adoption of appropriate measures not impairing operations or operational capabilities, that its vessels and aircraft act in a manner consistent, so far as is reasonable and practicable, with this proclamation. 3 . I n the event of threatened or actual destruction of, loss of, or in j ury to a monument resource or quality resulting from an incident, includ- ing but not limited to spills and groundings, caused by a component of the D epartment of Defense or the United States Coast Guard, the cognizant component shall promptly coordinate with the Secretary of the Interior or Commerce, as appropriate, for the purpose of ta k ing ap- propriate actions to respond to and mitigate any actual harm and, if possible, restore or replace the monument resource or quality. 4 . Nothing in this proclamation or any regulation implementing it shall limit or otherwise affect the Armed Forces ’ discretion to use, maintain, improve, manage, or control any property under the administrative control of a M ilitary Department or otherwise limit the availability of such property for military mission purposes, including, but not limited to, defensive areas and airspace reservations. The establishment of this monument is subject to valid existing rights. This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, agents, or any other person. Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation however, the national monu- ment shall be dominant over any other existing federal withdrawal, reservation, or appropriation. W arning is hereby given to all unauthorized persons not to appro- priate, excavate, injure, destroy, or remove any feature of this monu- ment and not to locate or settle upon any lands thereof.


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 123STA T . 3 58 8 PROCL A M AT I O N 833 6—J AN. 6, 2 0 0 9INW I T N ES SW H E R E OF, I have he r e untos et my han d th i ssi x th day o fJ anuary, in the year of our L ord t w o thousand nine, and of the Inde -p enden c eofthe U nited States of A merica the two hundred and thirty- third .G EORGE W. B USH


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Page:United States Statutes at Large Volume 123.djvu/3614

 123STA T . 3 594PROCL A M AT I O N8 33 7—J AN. 6, 2 0 09 Proclam a ti o n83 3 7 o fJ an u ar y6,20 0 9Establi s hmen t of the R ose A toll M a r ine N ational Mon u ment BythePr e sid e n t of the U nited S t a tes of Am eri c a A Proc l amation InthePacif ic O cean a p p rox i m ate ly130 na u tical mile s east - southeast of Pa g o Pago H ar b or ,A merican S amoa, lies R ose Atoll — the easternmost Samoan islan d and the southernmost point of the U nited States .T his small atoll, w hich includes the Rose Atoll N ational W ildlife Refuge with about 2 0 acres of land and 1, 6 00 acres of lagoon, remains one of the most pristine atolls in the world. The lands, submerged lands, wa- ters, and marine en v ironment around Rose Atoll support a dynamic reef ecosystem that is home to a very diverse assemblage of terrestrial and marine species, many of which are threatened or endangered. One of the most stri k ing features of Rose Atoll is the pink hue of fring- ing reef caused by the dominance of coralline algae, which is the pri- mary reef-building species. Though there are roughly 100 species of stony corals, the shallow reefs are dominated by crustose coralline algae, making them distinctive and q uite different from those found at other Samoan islands. The marine area provides isolated, unmolested nesting grounds for green and hawksbill turtles and has the largest number of nesting turtles in American Samoa. Its waters are frequented by numerous large predators whitetip reef sharks, blacktip reef sharks, gray reef sharks, snappers, j acks, groupers, and barracudas. Species that have faced depletion elsewhere, some of which have declined worldwide by as much as 98 percent, are found in abundance at Rose Atoll, including giant clams, M aori wrasse, large parrotfishes, and blacktip, whitetip, and gray reef sharks. Humpback whales, pilot whales, and the porpoise genus Stenella have all been spotted at Rose Atoll. There are 2 7 2 species of reef fish, with seven species first de- scribed by scientists at Rose and do z ens more new species discovered on the first deep water dive to 200 meters. Recent submersible dives around Rose Atoll have revealed abundant marine life, deep sea coral forests, and several new fish and invertebrate species. Rose Atoll supports most of the seabird population of American Samoa, including 12 federally protected migratory seabirds, five spe- cies of federally protected shorebirds, and a migrant forest bird, the long-tailed cuckoo. Rare species of nesting petrels, shearwaters, and terns are thriving at Rose Atoll and increasing in number. The atoll is known to Samoans, who have periodically visited over the past millen- nium, as ‘ ‘Nu ’ u O Manu’’ ( ‘‘ V illage of seabirds’’ ) . It is believed that Polynesians have harvested at Rose Atoll for millennia and several spe- cies, such as the giant clam, were used for cultural celebrations and events. F ew relatively undisturbed islands remain in the world and Rose Atoll is one of the last remaining refuges for the seabird and tur- tle species of the C entral Pacific. Threatened Pisonia atoll forest trees are also found at Rose Atoll. WH E REAS the lands, submerged lands, and waters of and marine envi- ronment around Rose Atoll contain objects of historic or scientific in- terest that are situated upon lands owned or controlled by the G overn- ment of the United States