The act was passed by the United States Congress on July 25, 2000 and signed by the President a fortnight later.

To be eligible, members must be "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."

(https://web.archive.org/web/20060207190735/http://www.oceancommission.gov/documents/oceanact.html) The Commission's report is required to include the following, as relevant to U.S. ocean and coastal activities: 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.

A biennial report must be submitted by the U.S. President to Congress of all federal programs incorporated with coastal and ocean activities.