107 
(4) ENHANCING
ADMINISTRATION
AND
MAN-
AGEMENT.—The head of each Federal agency that 
has administrative jurisdiction over a Federal asset 
may take appropriate actions to enhance internal 
agency administration and management to better 
support, integrate, finance, and utilize observation 
data, products, and services developed under this 
section to further its own agency mission and re-
sponsibilities. 
(5) PARTICIPATION IN REGIONAL INFORMATION 
COORDINATION ENTITY.—The head of each Federal 
agency that has administrative jurisdiction over a 
Federal asset may participate in regional informa-
tion coordination entity activities. 
(6) NON-FEDERAL
ASSETS.—Non-Federal as-
sets shall be coordinated by the Interagency Work-
ing Group or by Regional Information Coordination 
Entities. 
(e) POLICY OVERSIGHT, ADMINISTRATION, AND RE-
GIONAL COORDINATION.— 
(1) NATIONAL OCEAN RESEARCH LEADERSHIP 
COUNCIL.—The National Ocean Research Leader-
ship Council shall be responsible for establishing 
broad coordination and long-term operations plans, 
policies, protocols, and standards for the System 
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108 
consistent with the policies, goals, and objectives 
contained in the System Plan, and coordination of 
the System with other earth observing activities. 
(2) 
INTERAGENCY
WORKING
GROUP.—The 
Interagency Working Group shall, with respect to 
the System, be responsible for— 
(A) implementation of operations plans 
and policies developed by the Council; 
(B) development of an annual coordinated, 
comprehensive System budget; 
(C) identification of gaps in observation 
coverage or needs for capital improvements of 
both Federal assets and non-Federal assets; 
(D) establishment of data management 
and communication protocols and standards; 
(E) establishment of required observation 
data variables; 
(F) development of certification standards 
for all non-Federal assets or Regional Informa-
tion Coordination Entities to be eligible for in-
tegration into the System; and 
(G) periodically review and recommned to 
the Council revisions to the System plan. 
(3) LEAD FEDERAL AGENCY.—The Secretary, 
acting through the Administrator, shall function as 
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109 
the lead Federal agency for the System. The Sec-
retary, through the Administrator, may establish an 
Interagency Program Coordinating Office to facili-
tate the Secretary’s responsibilities as the lead Fed-
eral agency for System oversight and management. 
The Administrator shall— 
(A) implement policies, protocols, and 
standards established by the Council and dele-
gated by the Interagency Working Group; 
(B) promulgate regulations to integrate 
the participation of non-Federal assets into the 
System and enter into and oversee contracts 
and agreements with Regional Information Co-
ordination Entities to effect this purpose; 
(C) implement a competitive funding proc-
ess for the purpose of assigning contracts and 
agreements to Regional Information Coordina-
tion Entities; 
(D) certify or establish Regional Informa-
tion Coordination Entities to coordinate State, 
Federal, local, and private interests at a re-
gional level with the responsibility of engaging 
private and public sectors in designing, oper-
ating, and improving regional coastal and ocean 
observing systems in order to ensure the provi-
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110 
sion of data and information that meet the 
needs of user groups from the respective re-
gions; 
(E) formulate a process by which gaps in 
observation coverage or needs for capital im-
provements of Federal assets and non-Federal 
assets of the System can be identified by the 
Regional Information Coordination Entities, the 
Administrator, or other members of the System 
and transmitted to the Interagency Working 
Group; 
(F) be responsible for the coordination, 
storage, management, and communication of 
observation data gathered through the System 
to all end-user communities; 
(G) subject to the availability of appropria-
tions and pursuant to procedures adopted by 
the Administrator after consultation with the 
working group and the system advisory panel, 
implement a competitive matching grant or 
other grant program to promote research and 
development of innovative and new observation 
technologies, including testing and field trials; 
(H) implement a program of public edu-
cation and outreach to improve public aware-
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111 
ness of global climate change and effects on the 
ocean, coastal, and Great Lakes environment; 
and 
(I) report annually to the Council through 
the Interagency Working Group on the accom-
plishments, operational needs, and performance 
of the System to achieve the purposes of this 
Act and the System plan. 
(4) REGIONAL
INFORMATION
COORDINATION 
ENTITY.—To be certified or established under para-
graph (3)(D), a Regional Information Coordination 
Entity must be certified or established by contract 
or agreement by the Administrator, and must agree 
to— 
(A) gather required System observation 
data and other requirements specified under 
this section and the System plan; 
(B) identify gaps in observation coverage 
or needs for capital improvements of Federal 
assets and non-Federal assets of the System, 
and transmit such information to the Inter-
agency Working Group via the Administrator; 
(C) demonstrate an organizational struc-
ture and strategic operational plan to ensure 
the efficient and effective administration of pro-
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112 
grams and assets to support daily data observa-
tions for integration into the System; 
(D) comply with all financial oversight re-
quirements established by the Administrator, 
including requirements relating to audits; and 
(E) demonstrate a capability to work with 
other governmental and nongovernmental enti-
ties at all levels to identify and provide informa-
tion products of the System for multiple users 
within the service area of the Regional Informa-
tion Coordination Entities and otherwise. 
(5) SYSTEM ADVISORY PANEL.—The Secretary, 
through the Administrator, may establish and ap-
point an advisory panel to advise the Council on the 
operations, management, and needs of the System. 
The appointment of this panel shall be done in con-
sultation with the Interagency Working Group. 
Panel membership shall be broadly representative of 
all stakeholders and the user community of the Sys-
tem. 
(6) CIVIL LIABILITY.—For purposes of deter-
mining liability arising from the dissemination and 
use of observation data gathered pursuant to this 
section, any non-Federal asset or Regional Informa-
tion Coordination Entity that is certified under 
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113 
paragraph (3)(D) and that is participating in the 
System shall be considered to be part of the Na-
tional Oceanic and Atmospheric Administration. Any 
employee of such a non-Federal asset or Regional 
Information Coordination Entity, while operating 
within the scope of his or her employment in car-
rying out the purposes of this section, with respect 
to tort liability, is deemed to be an employee of the 
Federal Government. 
(f) INTERAGENCY FINANCING, GRANTS, CONTRACTS, 
AND AGREEMENTS.— 
(1) IN
GENERAL.—The member departments 
and agencies of the Council, subject to the avail-
ability of appropriations, may participate in inter-
agency financing and share, transfer, receive, obli-
gate, and expend funds appropriated to any member 
agency for the purposes of carrying out any adminis-
trative or programmatic project or activity to further 
the purposes of this section, including support for 
the Interagency Working Group, the Interagency Co-
ordinating Program Office, a common infrastruc-
ture, and integration to expand or otherwise enhance 
the System. 
(2) JOINT CENTERS AND AGREEMENTS.—Mem-
ber Departments and agencies of the Council shall 
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114 
have the authority to create, support, and maintain 
joint centers, and to enter into and perform such 
contracts, leases, grants, cooperative agreements, or 
other transactions as may be necessary to carry out 
the purposes of this section and fulfillment of the 
System Plan. 
(g) APPLICATION WITH OTHER LAWS.—Nothing in 
this section supersedes or limits the authority of any agen-
cy to carry out its responsibilities and missions under 
other laws. 
(h) REPORT TO CONGRESS.—Two years after the 
date of enactment of this Act, and biennially thereafter, 
the Secretary through the Council shall submit to the Con-
gress a report on the performance of the System, achieve-
ment of the purposes and objectives of this section and 
the System plan, and recommendations for operational im-
provements to enhance the efficiency, accuracy, and over-
all capability of the System. 
SEC. 465. NOAA REPORT ON CLIMATE CHANGE EFFECTS; 
PREPARATION ASSISTANCE. 
The Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) is amended by adding at the end 
the following: 
‘‘REPORT ON EFFECTS OF CLIMATE CHANGE 
‘‘SEC. 320. (a) IN GENERAL.—The Secretary shall 
report to the Congress not later than 2 years after the 
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date of enactment of this section, and every 5 years there-
after, on the possible and projected impacts of climate 
change on— 
‘‘(1) oceanic and coastal ecosystems, including 
marine fish and wildlife and their habitat, and the 
commercial and recreational fisheries and tourism 
industries associated with them; and 
‘‘(2) coastal communities, including private resi-
dential and commercial development and public in-
frastructure in the coastal zone. 
‘‘(b) CONTENTS.—Each report under this section 
shall include information regarding— 
‘‘(1) the impacts that may be due to climate 
change that have occurred as of the date of the sub-
mission of the report; and 
‘‘(2) the projected future impacts of climate 
change. 
‘‘(c) IMPACTS.—The impacts reported on under sub-
section (b) shall include any— 
‘‘(1) increases in sea level; 
‘‘(2) increases in storm activity and intensity; 
‘‘(3) increases in floods, droughts, and other ex-
tremes of weather; 
‘‘(4) increases in the temperature of the air and 
the water on oceanic and coastal ecosystems, with a 
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particular focus on vulnerable fisheries and eco-
systems; and 
‘‘(5) changes in the acidity of the ocean surface 
associated with an increase in concentration of car-
bon dioxide in the atmosphere.’’. 
Æ 
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