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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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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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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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. 
Æ 
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