EXECUTIVE
ORDER
EO 13366
Effective Date: December 21, 2004

Responsible Office: Office of Space Science
Subject: Committee on Ocean Policy

 
                Committee on Ocean Policy

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. It shall be the policy of the United 
                States to:

                    (a) coordinate the activities of executive 
                departments and agencies regarding ocean-related 
                matters in an integrated and effective manner to 
                advance the environmental, economic, and security 
                interests of present and future generations of 
                Americans; and
                    (b) facilitate, as appropriate, coordination and 
                consultation regarding ocean-related matters among 
                Federal, State, tribal, local governments, the private 
                sector, foreign governments, and international 
                organizations.

                Sec. 2. Definition. For purposes of this order the term 
                ``ocean-related matters'' means matters involving the 
                oceans, the Great Lakes, the coasts of the United 
                States (including its territories and possessions), and 
                related seabed, subsoil, and natural resources.

                Sec. 3. Establishment of Committee on Ocean Policy.

                    (a) There is hereby established, as a part of the 
                Council on Environmental Quality and for administrative 
                purposes only, the Committee on Ocean Policy 
                (Committee).
                    (b) The Committee shall consist exclusively of the 
                following:

(i) the Chairman of the Council on Environmental Quality, who shall be the 
Chairman of the Committee;

(ii) the Secretaries of State, Defense, the Interior, Agriculture, Health 
and Human Services, Commerce, Labor, Transportation, Energy, and Homeland 
Security, the Attorney General, the Administrator of the Environmental 
Protection Agency, the Director of the Office of Management and Budget, the 
Administrator of the National Aeronautics and Space Administration, the 
Director of National Intelligence, the Director of the Office of Science 
and Technology Policy, the Director of the National Science Foundation, and 
the Chairman of the Joint Chiefs of Staff;

(iii) the Assistants to the President for National Security Affairs, 
Homeland Security, Domestic Policy, and Economic Policy;

(iv) an employee of the United States designated by the Vice President; and

(v) such other officers or employees of the United States as the Chairman 
of the Committee may from time to time designate.

                    (c) The Chairman of the Committee, after 
                coordination with the Assistants to the President for 
                National Security Affairs and Homeland Security, shall 
                regularly convene and preside at meetings of the 
                Committee, determine its agenda, direct its work, and, 
                as appropriate to deal with particular subject matters, 
                establish and direct subcommittees of the Committee 
                that shall consist exclusively of members of the 
                Committee. The Committee shall coordinate its advice in 
                a timely fashion.
                    (d) A member of the Committee may designate, to 
                perform the Committee or subcommittee functions of the 
                member, any person who is within such member's 
                department, agency, or office and who is (i) an officer 
                of the United States appointed by the President, (ii) a 
                member of the Senior Executive Service or the Senior 
                Intelligence Service, (iii) an officer or employee

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                within the Executive Office of the President, or (iv) 
                an employee of the Vice President.
                    (e) Consistent with applicable law and subject to 
                the availability of appropriations, the Council on 
                Environmental Quality shall provide the funding, 
                including through the Office of Environmental Quality 
                as permitted by law and as appropriate, and 
                administrative support for the Committee necessary to 
                implement this order.

                Sec. 4. Functions of the Committee. To implement the 
                policy set forth in section 1 of this order, the 
                Committee shall:

                    (a) provide advice on establishment or 
                implementation of policies concerning ocean-related 
                matters to:

(i) the President; and

(ii) the heads of executive departments and agencies from time to time as 
appropriate;

                    (b) obtain information and advice concerning ocean-
                related matters from:

(i) State, local, and tribal elected and appointed officials in a manner 
that seeks their individual advice and does not involve collective judgment 
or consensus advice or deliberation; and

(ii) representatives of private entities or other individuals in a manner 
that seeks their individual advice and does not involve collective judgment 
or consensus advice or deliberation;

                    (c) at the request of the head of any department or 
                agency who is a member of the Committee, unless the 
                Chairman of the Committee declines the request, 
                promptly review and provide advice on a policy or 
                policy implementation action on ocean-related matters 
                proposed by that department or agency;
                    (d) provide and obtain information and advice to 
                facilitate:

(i) development and implementation of common principles and goals for the 
conduct of governmental activities on ocean-related matters;

(ii) voluntary regional approaches with respect to ocean-related matters;

(iii) use of science in establishment of policy on ocean-related matters; 
and

(iv) collection, development, dissemination, and exchange of information on 
ocean-related matters; and

                    (e) ensure coordinated government development and 
                implementation of the ocean component of the Global 
                Earth Observation System of Systems.

                Sec. 5. Cooperation. To the extent permitted by law and 
                applicable presidential guidance, executive departments 
                and agencies shall provide the Committee such 
                information, support, and assistance as the Committee, 
                through the Chairman, may request.

                Sec. 6. Coordination. The Chairman of the Council on 
                Environmental Quality, the Assistant to the President 
                for National Security Affairs, the Assistant to the 
                President for Homeland Security, and, with respect to 
                the interagency task force established by Executive 
                Order 13340 of May 18, 2004, the Administrator of the 
                Environmental Protection Agency, shall ensure 
                appropriate coordination of the activities of the 
                Committee under this order and other policy 
                coordination structures relating to ocean or maritime 
                issues pursuant to Presidential guidance.

                Sec. 7. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) authority granted by law to a executive department or agency or the 
head thereof; or

(ii) functions assigned by the President to the National Security Council 
or Homeland Security Council (including subordinate bodies) relating to 
matters affecting foreign affairs, national security, homeland security, or 
intelligence.

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                    (b) Nothing in this order shall be construed to 
                impair or otherwise affect the functions of the 
                Director of the Office of Management and Budget 
                relating to budget, administrative, or legislative 
                proposals.
                    (c) This order is intended only to improve the 
                internal management of the Federal Government and is 
                not intended to, and does not, create any right or 
                benefit, substantive or procedural, enforceable at law 
                or in equity by a party against the United States, its 
                departments, agencies, or entities, its officers or 
                employees, or any other person.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     December 17, 2004.

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