(ii) avoid adverse impacts on foreign relations or infringement in fact or appearance of other nations' sovereign responsibilities, or (iii) ensure appropriate reflection of: (1) diplomatic factors; (2) international commercial, competitive and export promotion factors; (3) needs for governmental or commercial confidentiality; (4) national security considerations; (5) difficulties of obtaining information and agency ability to analyze meaningfully environmental effects of a proposed action; and (6) the degree to which the agency is involved in or able to affect a decision to be made. (c) Agency procedure under Section 2-1 may provide for categorical exclusions and for such exemptions in addition to those specified in subsection (a) of this Section as may be necessary to meet emergency circumstances, situations involving exceptional foreign policy and national security sensitivities and other such special circumstances. In utilizing such additional exemptions agencies shall, as soon as feasible, consult with the Department of State and the Council on Environmental Quality. (d) The provisions of Section 2-5 do not apply to actions described in Section 2-3(a) unless permitted by law. SECTION 3 3-1. Rights of Action. This Order is solely for the purpose of establishing internal procedures for Federal agencies to consider the significant effects of their actions on the environment outside the United States, its territories and possessions, and nothing in this Order shall be construed to create a cause of action. 3-2. Foreign Relations. The Department of State shall coordinate all communications by agencies with foreign governments concerning environmental agreements and other arrangements in implementation of this Order. 3-3. Multi-Agency Actions. Where more than one Federal agency is involved in an action or program, a lead agency, as determined by the agencies involved, shall have responsibility for implementation of this Order. 3-4. Certain Terms. For purposes of this Order, "environment" means the natural and physical environment and excludes social, economic and other environments; and an action significantly affects the environment if it does significant harm to the environment even though on balance the agency believes the action to be beneficial to the environment. The term "export approvals" in Section 2-5(a)(v) does not mean or include direct loans to finance exports. 3-5. Multiple Impacts. If a major Federal action having effects on the environment of the United States or the global commons requires preparation of an environmental impact statement, and if the action also has effects on the environment of a foreign nation, an environmental impact statement need not be prepared with respect to the effects on the environment of the foreign nation. o. President's Council on Sustainable Development Executive Order 12852, June 29, 1992, 58 F.R. 35841, 42 U.S.C. 4321 note; amended by Executive Order 12855, July 19, 1993, 58 F.R. 39107 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, it is hereby ordered as follows: Section 1. Establishment. There is established the "President's Council on Sustainable Development" ("Council"). the Council shall consist of not more than 25 members to be appointed by the President from the public and private sectors and who represent industrial, environmental, governmental, and not-for-profit organizations with experience relating to matters of sustainable development. The President shall designate from among the Council members such official or officials to by chairperson, chairpersons, vice-chairperson, or vice-chairpersons of the Council as he shall deem appropriate. The Council shall coordinate with and report to such officials of the executive branch as the President or the Director of the White House Office on Environmental Policy shall from time to time determine. Sec. 2. Functions. (a) the Council shall advise the President on matters involving sustainable development. "Sustainable development" is broadly defined as economic growth that will benefit present and future generations without detrimentally affecting the resources or biological systems of the planet. (b) The Council shall develop and recommend to the President a national sustainable development action strategy that will foster economic vitality. (c) The chairperson or chairpersons may, from time to time, invite experts to submit information to the Council and may form subcommittees of the Council to review and report to the Council on the development of national and local sustainable development plans. Sec. 3. Administration. (a) The heads of executive agencies shall, to the extent permitted by law, provide to the Council such information with respect to sustainable development as the Council requires to carry out its functions. (b) Members of the Council shall serve without compensation, but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707). (c) The White House Office on Environmental Policy shall obtain funding for the Council from the Department of the Interior or such other sources (including other Federal agencies) as may lawfully contribute to such activities. The funding received shall provide for the administrative and financial support of the Council. (d) The Department of the Interior shall, on a reimbursable basis, provide such administrative services for the Council as may be required. Sec. 4. General. (a) I have determined that the Council shall be established in compliance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.). Notwithstanding any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended, except that of reporting to the Congress, which are applicable to the Council, shall be performed by the Department of the Interior 2 in accord with the guidelines and procedures established by the Administrator of General Services. (b) The Council shall exist for a period of 2 years from the date of this order, unless the Council's charter is subsequently extended. (c) Executive Order No. 12737, which established the President's Commission on Environmental Quality, is revoked. 1 Executive Order 12855 of July 19, 1993 (58 F.R. 39107) struck out "The Office of Administration in the Executive Office of the President shall, on a reimbursable basis, provide such administrative services for the Council as may be required", and inserted in lieu thereof "The Department of the Interior shall, on a reimbursable basis, provide such administrative services for the Council as may be required". 2 Executive Order 12855 of July 19, 1993 (58 F.R. 39107) struck out “Office of Administration in the Executive Office of the President" and inserted in lieu thereof "Department of the Interior". M. AVIATION, SPACE, AND INTERNATIONAL SCIENTIFIC COOPERATION CONTENTS 1. Aviation Security a. 49 United States Code-Aviation Security (partial text) b. Aviation Security Improvement Act of 1990 (Public Law 101-604) c. International Security and Development Act of 1985-International 2. International Cooperation in Scientific Research Page 647 647 658 665 667 b. National Aeronautics and Space Act of 1958 (Public Law 85-568) a. National Science Foundation Act of 1950, as amended (Public Law 667 668 c. National Aeronautics and Space Administration Authorization Act, 670 d. National Aeronautics and Space Administration Authorization Act, 676 678 684 687 h. Cooperative East-West Ventures in Space (Public Law 98-562) j. FREEDOM Support Act (Public Law 101-339) (partial text) 1. National Science and Technology Council (Executive Order 12881) 3. Arctic Research a. Arctic Research and Policy Act of 1984 (title I of Public Law 98- b. Arctic Research Commission (Executive Order 12501) 691 694 697 699 699 708 |