Establishment of the Interagency Environment Committee for Monitoring and Enforcement Under Section 811 of the United States-Mexico-Canada Agreement Implementation Act
Signed February 28, 2020·Donald Trump·85 FR 12977
Source
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Plain-language summary
Establishes the Interagency Environment Committee for Monitoring and Enforcement to coordinate U.S. efforts under the United States-Mexico-Canada Agreement Implementation Act, including assessing Mexico's and Canada's environmental laws and policies, monitoring their environmental obligations, and requesting enforcement actions. The Committee is chaired by the United States Trade Representative and includes representatives from the Departments of State, Treasury, Justice, the Interior's Fish and Wildlife Service, Agriculture's Forest Service and Animal and Plant Health Inspection Service, Commerce's National Oceanic and Atmospheric Administration, Homeland Security's Customs and Border Protection, the Environmental Protection Agency, and the U.S. Agency for International Development, plus other agencies as appropriate. Decisions are to be made by consensus where possible, or by majority vote if consensus cannot be reached without undue delay. Agency heads may issue regulations to carry out their authorities under the Act, and each agency covers its own costs. The order does not create enforceable rights and applies subject to existing law and available funding.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and section 811 of the United States- Mexico-Canada Agreement Implementation Act (Act) (Public Law 116-113), it is hereby ordered
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The order, in full
Executive Order 13907 of February 28, 2020
Establishment of the Interagency Environment
Committee for Monitoring and Enforcement Under Section
811 of the United States-Mexico-Canada Agreement
Implementation Act
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 301 of title 3, United
States Code, and section 811 of the United States-
Mexico-Canada Agreement Implementation Act (Act)
(Public Law 116-113), it is hereby ordered as follows:
Section 1. Establishment of Interagency Environment
Committee. The Interagency Environment Committee for
Monitoring and Enforcement (Committee) is hereby
established to coordinate United States efforts to
monitor and enforce environmental obligations
consistent with title VIII of the Act and, with respect
to Mexico and Canada, to carry out assessments of their
environmental laws and policies, to carry out
monitoring actions with respect to the implementation
and maintenance of their environmental obligations, and
to request enforcement actions as provided for in
section 814 of the Act.
Sec. 2. Membership. The Committee shall be composed of
the United States Trade Representative (USTR) and
representatives of the Department of State, the
Department of the Treasury, the Department of Justice,
the U.S. Fish and Wildlife Service in the Department of
the Interior, the U.S. Forest Service and the Animal
and Plant Health Inspection Service in the Department
of Agriculture, the National Oceanic Atmospheric
Administration in the Department of Commerce, U.S.
Customs and Border Protection in the Department of
Homeland Security, the Environmental Protection Agency,
and the United States Agency for International
Development, and representatives from other Federal
agencies, as the President determines to be
appropriate. The USTR shall serve as Chair. The Chair
may invite representatives from other executive
departments or agencies, as appropriate, to participate
as members or observers. Each executive department,
agency, and component represented on the Committee
shall ensure that the necessary staff are available to
assist their respective representatives in performing
the responsibilities of the Committee.
Sec. 3. Committee Decision-making. The Committee shall
endeavor to make any decision on an action or
determination under sections 812, 813, and 814 of the
Act by consensus, which shall be deemed to exist where
no Committee member objects to the proposed action or
determination. If the Committee is unable to reach a
consensus on a proposed action or determination and the
Chair determines that allotting further time will cause
a decision to be unduly delayed, the Committee shall
decide the matter by majority vote of its members.
Sec. 4. Implementing Measures. The heads of the
executive departments and agencies set forth in section
2 of this order, in consultation with the Committee,
may prescribe such regulations as are necessary to
carry out the authorities of the respective department
or agency as provided for under subtitle A of title
VIII of the Act.
Sec. 5. General Provisions. (a) Each executive
department and agency shall bear its own expenses
incurred in connection with the Committee's functions
described in sections 811, 812, 813, 814, and 816 of
the Act.
(b) Nothing in this order shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(d) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
February 28, 2020.Reproduced from the Federal Register plain-text record, signed February 28, 2020. Typesetting artifacts are removed; no wording is changed.