[Weekly Compilation of Presidential Documents Volume 30, Number 20 (Monday, May 23, 1994)]
[Pages 1085-1086]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12916--Implementation of the Border Environment 
Cooperation Commission and the North American Development Bank

May 13, 1994

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the North American 
Free Trade Agreement Implementation Act, Public Law 103-182; 107 Stat. 
2057 (``NAFTA Implementation Act''), and section 301 of title 3, United 
States Code, it is hereby ordered as follows:
    Section 1. The Agreement Between the Government of the United States 
of America and the Government of the United Mexican States Concerning 
the Establishment of a Border Environment Cooperation Commission and a 
North American Development Bank (``Agreement'') shall be implemented 
consistent with United States policy for the protection of human, animal 
or plant life or health, and the environment. The Agreement shall also 
be implemented to advance sustainable development, pollution prevention, 
environmental justice, ecosystem protection, and biodiversity 
preservation and in a manner that promotes transparency and public 
participation in accordance with the North American Free Trade Agreement 
and the Agreement.
    Sec. 2. (a) The Administrator of the Environmental Protection Agency 
and the United States Commissioner, International Boundary and Water 
Commission, United States and Mexico (``Commissioner''), shall represent 
the United States as Members of the Board of Directors of the Border 
Environment Cooperation Commission in accordance with the Agreement.
    (b) The policies and positions of the United States in the Border 
Environment Cooperation Commission shall be coordinated through 
applicable interagency procedures, which shall include participation by 
the Department of State, the Department of the Treasury, the Department 
of Housing and Urban Development, the Department of the Interior, the 
Agency for International Development, the Environmental Protection 
Agency, and, as appropriate, other Federal agencies.
    (c) The Commissioner shall promote cooperation, as appropriate, 
between the International Boundary and Water Commission and the Border 
Environment Cooperation Commission in planning, developing, carrying out 
border sanitation, and other environmental activities.
    Sec. 3. (a) The United States Government representatives to the 
Board of the North American Development Bank shall be the Secretary of 
the Treasury, the Secretary of State, and the Administrator of the 
Environmental Protection Agency.
    (b) For purposes of loans or guarantees for projects certified by 
the Border Environment Cooperation Commission, the representatives shall 
be instructed in accordance with the procedures of the National Advisory 
Council on International Monetary and Financial Policies (``Council'') 
as established by Executive Order No. 11269. For purposes of this 
section only, the membership of the Council shall be expanded to include 
the Secretary of the Department of Housing and Urban Development, the 
Secretary of the Interior, and the Administrator of the Environmental 
Protection Agency.
    (c) For purposes of loans or guarantees for projects certified by 
the Border Environment Cooperation Commission, the representatives shall 
consult with the Community Adjustment and Investment Program Advisory 
Committee (``Advisory Committee''), established pursuant to section 
543(b) of the NAFTA Implementation Act concerning community adjustment 
and investment aspects of such loans or guarantees.
    (d) For purposes of loans, guarantees, or grants endorsed by the 
United States for community adjustment and investment, the 
representatives shall be instructed by the Secretary of the Treasury in 
accordance with procedures established by the Community Adjustment and 
Investment Program Finance Committee established pursuant to section 7 
of this order.
    Sec. 4. The functions vested in the President by section 543(a)(1) 
of the NAFTA Implementation Act are delegated to the Secretary of the 
Treasury.

[[Page 1086]]

    Sec. 5. The functions vested in the President by section 543(a) (2) 
and (3) of the NAFTA Implementation Act are delegated to the Secretary 
of the Treasury, who shall exercise such functions in accordance with 
the recommendations of the Community Adjustment and Investment Program 
Finance Committee established pursuant to section 7 of this order.
    Sec. 6. The functions vested in the President by section 543(a)(5) 
and section 543(d) of the NAFTA Implementation Act are delegated to the 
Community Adjustment and Investment Program Finance Committee 
established pursuant to section 7 of this order, which shall exercise 
such functions in consultation with the Advisory Committee.
    Sec. 7. (a) There is hereby established a Community Adjustment and 
Investment Program Finance Committee (``Finance Committee'').
    (b) The Finance Committee shall be composed of representatives from 
the Department of the Treasury, the Department of Agriculture, the 
Department of Housing and Urban Development, the Small Business 
Administration, and any other Federal agencies selected by the Chair of 
the Finance Committee to assist in carrying out the community adjustment 
and investment program pursuant to section 543(a)(3) of the NAFTA 
Implementation Act.
    (c) The Department of the Treasury representative shall serve as 
Chair of the Finance Committee. The Chair shall be responsible for 
presiding over the meetings of the Finance Committee, ensuring that the 
views of all other Members are taken into account, coordinating with 
other appropriate United States Government agencies in carrying out the 
community adjustment and investment program, and requesting meetings of 
the Advisory Committee pursuant to section 543(b)(4)(C) of the NAFTA 
Implementation Act.
    Sec. 8. Any advice or conclusions of reviews provided to the 
President by the Advisory Committee pursuant to section 543(b)(3) of the 
NAFTA Implementation Act shall be provided through the Finance 
Committee.
    Sec. 9. Any summaries of public comments or conclusions of 
investigations and audits provided to the President by the ombudsman 
pursuant to section 543(c)(1) of the NAFTA Implementation Act shall be 
provided through the Finance Committee.
    Sec. 10. The authority of the President under section 6 of Public 
Law 102-532; 7 U.S.C. 5404, to establish an advisory board to be known 
as the Good Neighbor Environmental Board is delegated to the 
Administrator of the Environmental Protection Agency.
    Sec. 11. This order is intended only to improve the internal 
management of the executive branch and is not intended to, and does not, 
create any right to administrative or judicial review, or any other 
right or benefit or trust responsibility, substantive or procedural, 
enforceable by a party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other person.
                                            William J. Clinton
The White House,
May 13, 1994.

[Filed with the Office of the Federal Register, 2:53 p.m., May 16, 1994]

Note: This Executive order was released by the Office of the Press 
Secretary on May 16, and it was published in the Federal Register on May 
18.