BACKGROUNDER ON THE "OCEANS ACT OF 2000" (P.L. 106-256)

Purpose

To establish a commission to make recommendations for a coordinated and comprehensive national ocean policy that will promote:

(1) protection of life & property
(2) stewardship of ocean & coastal resources
(3) protection of marine environment and prevention of marine pollution
(4) enhancement of maritime commerce
(5) expansion of human knowledge of the marine environment
(6) investments in technologies to promote energy and food security
(7) close cooperation among government agencies
(8) U.S. leadership in ocean & coastal activities.

How? - A summary

The law establishes a Commission which, in coordination with the States, a scientific advisory panel, and the public, develops a National Oceans Report. This report makes recommendations to the President and Congress on ocean and coastal issues. The President then responds to these recommendations in a "National Ocean Policy" that he submits to Congress.

What is the scope of the recommendations?

The Commission's report is required to include the following, as relevant to ocean and coastal activities:

• an assessment of facilities (people, vessels, computers, satellites)
• a review of federal activities
• a review of the cumulative effect of federal laws
• a review of the supply and demand for ocean and coastal resources
• a review of the relationships between federal, state, and local governments, and the private sector
• a review of the opportunities for the investment in new products and technologies
• recommendations for modifications to federal laws and/or the structure of federal agencies
• a review of the effectiveness of existing federal interagency policy coordination

The Commission is to give equal consideration to environmental, technical feasibility, economic, and scientific factors. In addition, the recommendations may not be specific to the lands or waters within a single state.

Commission on Ocean Policy:

• Eligibility: Representatives, knowledgeable in ocean and coastal activities, from state and local governments, ocean-related industries, academic and technical institutions, and public interest organizations involved with scientific, regulatory, economic, and environmental ocean and coastal activities.
• Composition: The membership of the Commission is to be "balanced by area of expertise and balanced geographically".
• Nominations/Appointments: The Commission is composed of 16 members. The House and Senate Majority each nominate 8 people, and the President appoints 4 from each list. The House and Senate Minority each nominate 4 people, and the President appoints 2 from each list. The President independently appoints 4 people.
• Chair: The Commission selects the Chair who is responsible for supervising staff and the expenditure of funds.

Resources ­ Sources of Information

The Commission is empowered to secure information from any federal agency, enter into contracts and employ experts, and establish a science advisory panel.

Science Advisory Panel

The Commission, in consultation with the Ocean Studies Board, will establish a multi-disciplinary science advisory panel to assist the Commission in preparing its report, ensuring that the scientific information considered is based on the best available.

Staffing

The Commission is authorized to hire an Executive Director and other staff.

Public Meetings

The Commission is required to make all meetings public (with the exception of issues of national security). The Commission must hold at least one meeting in each of 6 specified areas around the country. Meetings must be advertised in the Federal Register.

Role of states

The Commission must provide a copy of their draft report to the Governor of each coastal state. The Governors' comments will be included in the Commission's final report. The President shall develop his National Ocean Policy in consultation with the states.

Biennial Report

Beginning in September 2001, the President submits to Congress a biennial report of all federal programs related to coastal and ocean activities, including:

• a description of each program
• the current level of funding for the program
• linkages to other federal programs
• a projection of the funding level for the program for each of the next 5 fiscal years

Funding

In FY99, the Commission on Ocean Policy was appropriated $3.5M directly. This money is still available. There have been no other direct appropriations to the Commission. The Commission is authorized $6.0M for the 3-year period beginning with FY2001.

Timeline

January 20, 2001	"Oceans Act" becomes effective
April 2001 (Within 90 days of Jan. 20)	President appoints the Commission
May 2001 (Within 30 days of appointment)	Commission holds its first meeting
September 2001	President submits Biennial Report
October 2002 (Within 18 months of establishment)	Commission submits its report
November 2002 (30 days after report submission)	Commission ceases to exist
February 2003 (Within 120 days of receiving the report)	President submits a National Ocean Policy

Ocean Commission Resources

CORE Homepage