    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-423
    115th Congress

    An Act

    To reauthorize the National Integrated Drought Information System, and
    for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Integrated Drought
    Information System Reauthorization Act of 2018''.
    SEC. 2. NATIONAL INTEGRATED DROUGHT INFORMATION SYSTEM PROGRAM.

    (a) In General.--Section 3 of the National Integrated Drought
    Information System Act of 2006 (15 U.S.C. 313d) is amended--
    (1) in subsection (b)--
    (A) in paragraph (1)(A), by striking ``in order to
    make usable, reliable, and timely forecasts of drought,
    including'' and inserting ``, including precipitation,
    soil moisture, and evaporative demand, in order to make
    usable, reliable, and timely forecasts of drought and'';
    (B) in paragraph (3), by inserting ``watershed,''
    after ``regional,'';
    (C) in paragraph (4)--
    (i) by inserting ``, through interagency
    agreements'' after ``integrate''; and
    (ii) by inserting ``information'' after
    ``warning'';
    (D) by amending paragraph (5) to read as follows:
    ``(5) utilize existing forecasting and assessment programs
    and partnerships, including forecast communication coordinators
    and cooperative institutes, and improvements in seasonal
    precipitation and temperature, subseasonal precipitation and
    temperature, and low flow water prediction; and''; and
    (E) in paragraph (6), by inserting ``the
    prediction,'' after ``relating to'';
    (2) by redesignating subsections (c) through (e) as
    subsections (d) through (f), respectively;
    (3) by inserting after subsection (b) the following:

    ``(c) Partnerships.--The National Integrated Drought Information
    System may--
    ``(1) engage with the private sector to improve drought
    monitoring, forecast, and communication if the Under Secretary
    determines the partnership is appropriate, cost-effective, and
    beneficial to the public and decisionmakers described in
    subsection (b)(2)(A);

    [[Page 5455]]

    ``(2) facilitate the development of 1 or more academic
    cooperative partnerships to assist with National Integrated
    Drought Information System functions; and
    ``(3) utilize and support, as appropriate, monitoring by
    citizen scientists, including by developing best practices to
    facilitate maximum data integration.'';
    (4) in subsection (d), as redesignated, by inserting ``and
    sustainment'' after ``development''; and
    (5) by striking subsection (f), as redesignated, and
    inserting the following:

    ``(f) <>  Soil Moisture.--Not later than
    1 year after the date of enactment of the National Integrated Drought
    Information System Reauthorization Act of 2018, the Under Secretary,
    acting through the National Integrated Drought Information System, shall
    develop a strategy for a national coordinated soil moisture monitoring
    network.''.

    (b) Authorization of Appropriations.--Section 4 of the National
    Integrated Drought Information System Act of 2006 (15 U.S.C. 313d note)
    is amended to read as follows:
    ``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this Act--
    ``(1) $13,500,000 for fiscal year 2019;
    ``(2) $13,750,000 for fiscal year 2020;
    ``(3) $14,000,000 for fiscal year 2021;
    ``(4) $14,250,000 for fiscal year 2022; and
    ``(5) $14,500,000 for fiscal year 2023.''.
    SEC. 3. REAUTHORIZATION OF TITLE II OF THE WEATHER RESEARCH AND
    FORECASTING INNOVATION ACT OF 2017.

    (a) Reauthorization of Title II of the Weather Research and
    Forecasting Innovation Act of 2017.--Section 1762 of the Food Security
    Act of 1985 (15 U.S.C. 8521) is amended--
    (1) by amending subsection (j) to read as follows:

    ``(j) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out the activities under this section--
    ``(1) $26,500,000 for fiscal year 2019;
    ``(2) $27,000,000 for fiscal year 2020;
    ``(3) $27,500,000 for fiscal year 2021;
    ``(4) $28,000,000 for fiscal year 2022; and
    ``(5) $28,500,000 for fiscal year 2023.''; and
    (2) by adding at the end the following:

    ``(k) Derivation of Funds.--Amounts made available to carry out this
    section shall be derived from amounts appropriated or otherwise made
    available to the National Weather Service.''.
    (b) United States Weather Research and Forecasting Improvement.--
    Section 110 of the Weather Research and Forecasting Innovation Act of
    2017 (15 U.S.C. 8519) is amended to read as follows:
    ``SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the
    Office of Oceanic and Atmospheric Research to carry out this title--
    ``(1) $136,516,000 for fiscal year 2019, of which--
    ``(A) $85,758,000 is authorized for weather
    laboratories and cooperative institutes;

    [[Page 5456]]

    ``(B) $30,758,000 is authorized for weather and air
    chemistry research programs; and
    ``(C) $20,000,000 is authorized for the joint
    technology transfer initiative described in section
    102(b)(4);
    ``(2) $148,154,000 for fiscal year 2020, of which--
    ``(A) $87,258,000 is authorized for weather
    laboratories and cooperative institutes;
    ``(B) $40,896,000 is authorized for weather and air
    chemistry research programs; and
    ``(C) $20,000,000 is authorized for the joint
    technology transfer initiative described in section
    102(b)(4);
    ``(3) $150,154,000 for fiscal year 2021, of which--
    ``(A) $88,758,000 is authorized for weather
    laboratories and cooperative institutes;
    ``(B) $41,396,000 is authorized for weather and air
    chemistry research programs; and
    ``(C) $20,000,000 is authorized for the joint
    technology transfer initiative described in section
    102(b)(4);
    ``(4) $152,154,000 for fiscal year 2022, of which--
    ``(A) $90,258,000 is authorized for weather
    laboratories and cooperative institutes;
    ``(B) $41,896,000 is authorized for weather and air
    chemistry research programs; and
    ``(C) $20,000,000 is authorized for the joint
    technology transfer initiative described in section
    102(b)(4); and
    ``(5) $154,154,000 for fiscal year 2023, of which--
    ``(A) $91,758,000 is authorized for weather
    laboratories and cooperative institutes;
    ``(B) $42,396,000 is authorized for weather and air
    chemistry research programs; and
    ``(C) $20,000,000 is authorized for the joint
    technology transfer initiative described in section
    102(b)(4).

    ``(b) Limitation.--No additional funds are authorized to carry out
    this title and the amendments made by this title.''.
    SEC. 4. EARTH PREDICTION INNOVATION CENTER.

    (a) Weather Research and Forecasting Innovation.--Section 102(b) of
    the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C.
    8512(b)) is amended by adding at the end the following:
    ``(4) Advancing weather modeling skill, reclaiming and
    maintaining international leadership in the area of numerical
    weather prediction, and improving the transition of research
    into operations by--
    ``(A) leveraging the weather enterprise to provide
    expertise on removing barriers to improving numerical
    weather prediction;
    ``(B) enabling scientists and engineers to
    effectively collaborate in areas important for improving
    operational global numerical weather prediction skill,
    including model development, data assimilation
    techniques, systems architecture integration, and
    computational efficiencies;
    ``(C) strengthening the National Oceanic and
    Atmospheric Administration's ability to undertake
    research projects in pursuit of substantial advancements
    in weather forecast skill;

    [[Page 5457]]

    ``(D) utilizing and leverage existing resources
    across the National Oceanic and Atmospheric
    Administration enterprise; and
    ``(E) creating a community global weather research
    modeling system that--
    ``(i) is accessible by the public;
    ``(ii) meets basic end-user requirements for
    running on public computers and networks located
    outside of secure National Oceanic and Atmospheric
    Administration information and technology systems;
    and
    ``(iii) utilizes, whenever appropriate and
    cost-effective, innovative strategies and methods,
    including cloud-based computing capabilities, for
    hosting and management of part or all of the
    system described in this subsection.''.

    (b) United States Weather Research Program.--Section 108(a) of the
    National Oceanic and Atmospheric Administration Authorization Act of
    1992 (15 U.S.C. 8520(a)) is amended--
    (1) in paragraph (10), by striking ``; and'' and inserting a
    semi-colon;
    (2) in paragraph (11), by striking the period at the end and
    inserting ``; and''; and
    (3) by adding at the end the following:
    ``(12) carry out the activities of the Earth Prediction
    Innovation Center as described in section 102(b)(2) of the
    Weather Research and Forecasting Innovation Act of 2017 (15
    U.S.C. 8512(b)(2)).''.
    SEC. 5. COMPUTING RESOURCES PRIORITIZATION.

    (a) In General.--Section 108 of the Weather Research and Forecasting
    Innovation Act of 2017 (15 U.S.C. 8518) is amended to read as follows:
    ``SEC. 108. COMPUTING RESOURCE EFFICIENCY IMPROVEMENT AND ANNUAL
    REPORT.

    ``(a) <>  Computing Resources.--
    ``(1) In general.--In acquiring computing capabilities,
    including high performance computing technologies and
    supercomputing technologies, that enable the National Oceanic
    and Atmospheric Administration to meet its mission requirements,
    the Under Secretary shall, when appropriate and cost-effective,
    assess and prioritize options for entering into multi-year lease
    agreements for computing capabilities over options for
    purchasing computing hardware outright.
    ``(2) Acquisition.--In carrying out the requirements of
    paragraph (1), the Under Secretary shall structure multi-year
    lease agreements in such a manner that the expiration of the
    lease is set for a date on or around--
    ``(A) the expected degradation point of the
    computing resources; or
    ``(B) the point at which significantly increased
    computing capabilities are expected to be available for
    lease.
    ``(3) Pilot programs.--
    ``(A) In general.--In order to more efficiently and
    effectively meet the mission requirements of the
    National Oceanic and Atmospheric Administration, the
    Under Secretary may create 1 or more pilot programs for
    assessing

    [[Page 5458]]

    new or innovative information and technology
    capabilities and services.
    ``(B) Program requirements.--Any program created
    under paragraph (3) shall assess only those capabilities
    and services that--
    ``(i) meet or exceed the standards and
    requirements of the National Oceanic and
    Atmospheric Administration, including for
    processing speed, cybersecurity, and overall
    reliability; or
    ``(ii) meet or exceed, or are expected to meet
    or exceed, the performance of similar, in-house
    information and technology capabilities and
    services that are owned and operated by the
    National Oceanic and Atmospheric Administration
    prior to the establishment of the pilot program.
    ``(C) Authorization of appropriations.--There is
    authorized to be appropriated, out of funds appropriated
    to the National Environmental Satellite, Data, and
    Information Service, to carry out this paragraph
    $5,000,000 for fiscal year 2019, $10,000,000 for fiscal
    year 2020, and $5,000,000 for each of fiscal years 2021
    through 2023, to remain available until expended.

    ``(b) <>  Reports.--Not
    later than 1 year after the date of enactment of the National Integrated
    Drought Information System Reauthorization Act of 2018, and triennially
    thereafter until the date that is 6 years after the date on which the
    first report is submitted, the Under Secretary, acting through the Chief
    Information Officer of the National Oceanic and Atmospheric
    Administration and in coordination with the Assistant Administrator for
    Oceanic and Atmospheric Research and the Director of the National
    Weather Service, shall produce and make publicly available a report that
    explains how the Under Secretary intends--
    ``(1) to continually support upgrades to pursue the fastest,
    most powerful, and cost-effective high performance computing
    technologies in support of its weather prediction mission;
    ``(2) to ensure a balance between the research to operations
    requirements to develop the next generation of regional and
    global models as well as highly reliable operational models;
    ``(3) to take advantage of advanced development concepts to,
    as appropriate, make next generation weather prediction models
    available in beta-test mode to operational forecasters, the
    United States weather industry, and partners in academic and
    Government research;
    ``(4) to use existing computing resources to improve
    advanced research and operational weather prediction;
    ``(5) to utilize non-Federal contracts to obtain the
    necessary expertise for advanced weather computing, if
    appropriate;
    ``(6) to utilize cloud computing; and
    ``(7) to create a long-term strategy to transition the
    programming language of weather model code to current and
    broadly-used coding language.''.

    (b) Table of Contents.--Section 1(b) of the Weather Research and
    Forecasting Innovation Act of 2017 (Public Law 115-25; 131 Stat. 91) is
    amended by striking the item relating to section 108 and inserting the
    following:

    ``Sec. 108. Computing resource efficiency improvement and annual
    report.''.

    [[Page 5459]]

    SEC. 6. SATELLITE ARCHITECTURE PLANNING.

    Section 301 of the Weather Research and Forecasting Innovation Act
    of 2017 (15 U.S.C. 8531) is amended by adding at the end the following:
    ``(c) Next Generation Satellite Architecture.--
    ``(1) <>  In general.--The Under Secretary
    shall analyze, test, and plan the procurement of future data
    sources and satellite architectures, including respective ground
    system elements, identified in the National Oceanic and
    Atmospheric Administration's Satellite Observing System
    Architecture Study that--
    ``(A) lower the cost of observations used to meet
    the National Oceanic and Atmospheric Administration's
    mission requirements;
    ``(B) disaggregate current satellite systems, where
    appropriate;
    ``(C) include new, value-adding technological
    advancements; and
    ``(D) improve weather forecasting and predictions.
    ``(2) Quantitative assessments and partnership authority.--
    In meeting the requirements described in paragraph (1), the
    Under Secretary--
    ``(A) may partner with the commercial and academic
    sectors, non-governmental and not-for-profit
    organizations, and other Federal agencies; and
    ``(B) <>  shall, consistent with
    section 107 of this Act, undertake quantitative
    assessments for objective analyses, as the Under
    Secretary considers appropriate, to evaluate relative
    value and benefits of future data sources and satellite
    architectures described in paragraph (1).

    ``(d) <>  Additional Forms of Transaction
    Authorized.--
    ``(1) In general.--Subject to paragraph (2), in order to
    enhance the effectiveness of data and satellite systems used by
    the National Oceanic and Atmospheric Administration to meet its
    missions, the Under Secretary may enter into and perform such
    transaction agreements on such terms as the Under Secretary
    considers appropriate to carry out basic, applied, and advanced
    research projects to meet the objectives described in
    subparagraphs (A) through (D) subsection (c)(1).
    ``(2) Method and scope.--
    ``(A) In general.--A transaction agreement under
    paragraph (1) shall be limited to research and
    development activities.
    ``(B) Permissible uses.--A transaction agreement
    under paragraph (1) may be used--
    ``(i) for the construction, use, operation, or
    procurement of new, improved, innovative, or
    value-adding satellites, instrumentation, ground
    stations, and data;
    ``(ii) to make determinations on how to best
    use existing or planned data, systems, and assets
    of the National Oceanic and Atmospheric
    Administration; and
    ``(iii) only when the objectives of the
    National Oceanic and Atmospheric Administration
    cannot be met using a cooperative research and
    development agreement, grants procurement
    contract, or cooperative agreement.

    [[Page 5460]]

    ``(3) Termination of effectiveness.--The authority provided
    in this subsection terminates effective September 30, 2023.

    ``(e) Transparency <> .--Not later than 60 days after the date that a
    transaction agreement is made under subsection (d), the Under Secretary
    shall make publicly available, in a searchable format, on the website of
    the National Oceanic and Atmospheric Administration all uses of the
    authority under subsection (d), including an estimate of committed
    National Oceanic and Atmospheric Administration resources and the
    expected benefits to National Oceanic and Atmospheric Administration
    objectives for the transaction agreement, with appropriate redactions
    for proprietary, sensitive, or classified information.

    ``(f) Reports.--
    ``(1) In general.--Not later than 90 days after September 30
    of each fiscal year through September 30, 2023, the Under
    Secretary shall submit to the Committee on Commerce, Science,
    and Transportation of the Senate and the Committee on Science,
    Space, and Technology of the House of Representatives a report
    on the use of additional transaction authority by the National
    Oceanic and Atmospheric Administration during the previous
    fiscal year.
    ``(2) Contents.--Each report shall include--
    ``(A) for each transaction agreement in effect
    during the fiscal year covered by the report--
    ``(i) an indication of whether the transaction
    agreement is a reimbursable, non-reimbursable, or
    funded agreement;
    ``(ii) a description of--
    ``(I) the subject and terms;
    ``(II) the parties;
    ``(III) the responsible National
    Oceanic and Atmospheric Administration
    line office;
    ``(IV) the value;
    ``(V) the extent of the cost sharing
    among Federal Government and non-Federal
    sources;
    ``(VI) the duration or schedule; and
    ``(VII) all milestones;
    ``(iii) an indication of whether the
    transaction agreement was renewed during the
    previous fiscal year;
    ``(iv) the technology areas in which research
    projects were conducted under that agreement;
    ``(v) the extent to which the use of that
    agreement--
    ``(I) has contributed to a
    broadening of the technology and
    industrial base available for meeting
    National Oceanic and Atmospheric
    Administration needs; and
    ``(II) has fostered within the
    technology and industrial base new
    relationships and practices that support
    the United States; and
    ``(vi) the total value received by the Federal
    Government under that agreement for that fiscal
    year; and

    [[Page 5461]]

    ``(B) <>  a list of all anticipated
    reimbursable, non-reimbursable, and funded transaction
    agreements for the upcoming fiscal year.

    ``(g) Rule of Construction.--Nothing in this section may be
    construed as limiting the authority of the National Oceanic and
    Atmospheric Administration to use cooperative research and development
    agreements, grants, procurement contracts, or cooperative agreements.''.
    SEC. 7. INTEGRATION OF OCEAN AND COASTAL DATA FROM THE INTEGRATED
    OCEAN OBSERVING SYSTEM.

    (a) In General.--Section 301(a)(2) of the Weather Research and
    Forecasting Innovation Act of 2017 (15 U.S.C. 8531(a)(2)) is amended--
    (1) in subparagraph (A), by striking ``; and'' and inserting
    a semicolon;
    (2) in subparagraph (B), by striking the period at the end
    and inserting ``; and''; and
    (3) by adding at the end the following:
    ``(C) support increasing use of autonomous, mobile
    surface, sub-surface, and submarine vehicle ocean and
    fresh water sensor systems and the infrastructure
    necessary to share and analyze these data in real-time
    and feed them into predictive early warning systems.''.

    (b) Commercial Weather Data; Authorization of Appropriations.--
    Section 302(c)(3) of the Weather Research and Forecasting Innovation Act
    of 2017 (15 U.S.C. 8532(c)(3)) is amended--
    (1) by striking ``2017 through 2020'' and inserting ``2019
    through 2023''; and
    (2) by inserting ``the'' before ``National''.
    SEC. 8. <>  IMPROVEMENTS TO COOPERATIVE
    OBSERVER PROGRAM OF NATIONAL WEATHER SERVICE.

    (a) In General.--The Under Secretary of Commerce for Oceans and
    Atmosphere, acting through the National Weather Service, shall improve
    the Cooperative Observer Program by--
    (1) providing support to--
    (A) State-coordinated programs relating to the
    Program; and
    (B) States and regions where observations provided
    through the Program are scarce;
    (2) working with State weather service headquarters to
    increase participation in the Program and to add stations in
    States and regions described in paragraph (1)(B);
    (3) where feasible, ensuring that data streams from stations
    that have been contributing data to the Program for more than 50
    years are maintained and continually staffed by volunteers;
    (4) prioritizing the recruitment of new volunteers for the
    Program;
    (5) ensuring that opportunities exist for automated
    reporting to lessen the burden on volunteers to collect and
    report data by hand; and
    (6) ensuring that integrated reporting is available for
    qualitative observations that cannot be automated, such as
    drought conditions, snow observations, and hazardous weather
    events, to ensure that volunteers in the Program can report and
    upload observations quickly and easily.

    [[Page 5462]]

    (b) Coordination With States and Regions <> .--
    Not less frequently than every 180 days, the National Weather Service
    shall coordinate with State and regional offices with respect to the
    status of Cooperative Observer Program stations.

    (c) Coordination With Federal Agencies.--The National Weather
    Service shall coordinate with other Federal agencies, including the
    Forest Service, the Department of Agriculture, and the United States
    Geological Survey, to leverage opportunities to grow the Cooperative
    Observer Program network and to more effectively use existing
    infrastructure, weather stations, and staff of the Program.
    SEC. 9. <>  HARMFUL
    ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL.

    (a) <>  Short Title.--This section may be
    cited as the ``Harmful Algal Bloom and Hypoxia Research and Control
    Amendments Act of 2017''.

    (b) References to the Harmful Algal Bloom and Hypoxia Research and
    Control Act of 1998.--Except as otherwise expressly provided, wherever
    in this section an amendment or repeal is expressed in terms of an
    amendment to, or repeal of, a section or other provision, the reference
    shall be considered to be made to a section or other provision of the
    Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (33
    U.S.C. 4001 et seq.).
    (c) Inter-Agency Task Force.--Section 603(a) (33 U.S.C. 4001(a)) is
    amended--
    (1) in paragraph (12), by striking ``and'' at the end;
    (2) by redesignating paragraph (13) as paragraph (14); and
    (3) by inserting after paragraph (12) the following:
    ``(13) the Army Corps of Engineers; and''.

    (d) Scientific Assessments of Freshwater Harmful Algal Blooms.--
    Section 603 (33 U.S.C. 4001) is amended--
    (1) by striking subsection (f);
    (2) by redesignating subsections (g), (h), (i), and (j) as
    subsections (f), (g), (h), and (i), respectively; and
    (3) by amending subsection (g) to read as follows:

    ``(g) Scientific Assessments of Marine and Freshwater Harmful Algal
    Blooms <> .--Not less than once every 5 years the
    Task Force shall complete and submit to Congress a scientific assessment
    of harmful algal blooms in United States coastal waters and freshwater
    systems. Each assessment shall examine both marine and freshwater
    harmful algal blooms, including those in the Great Lakes and upper
    reaches of estuaries, those in freshwater lakes and rivers, and those
    that originate in freshwater lakes or rivers and migrate to coastal
    waters.''.

    (e) National Harmful Algal Bloom and Hypoxia Program.--
    (1) Program duties.--Section 603A(e) (33 U.S.C. 4002(e)) is
    amended--
    (A) in paragraph (1), by inserting ``, including to
    local and regional stakeholders through the
    establishment and maintenance of a publicly accessible
    Internet website that provides information as to Program
    activities completed under this section'' after
    ``Program'';
    (B) in paragraph (3)--

    [[Page 5463]]

    (i) in subparagraph (B), by striking ``; and''
    and inserting a semicolon;
    (ii) in subparagraph (C), by inserting ``and''
    after the semicolon at the end; and
    (iii) by adding at the end the following:
    ``(D) to accelerate the utilization of effective
    methods of intervention and mitigation to reduce the
    frequency, severity, and impacts of harmful algal bloom
    and hypoxia events;'';
    (C) in paragraph (4), by striking ``and work
    cooperatively with'' and inserting ``, and work
    cooperatively to provide technical assistance to,''; and
    (D) in paragraph (7)--
    (i) by inserting ``and extension'' after
    ``existing education''; and
    (ii) by inserting ``intervention,'' after
    ``awareness of the causes, impacts,''.
    (2) National oceanic and atmospheric administration
    activities.--Section 603A(f) (33 U.S.C. 4002(f)) is amended--
    (A) in paragraph (3), by inserting ``, which shall
    include unmanned systems,'' after ``infrastructure'';
    (B) in paragraph (5), by striking ``and'' at the
    end;
    (C) in paragraph (6)(C), by striking the period at
    the end and inserting a semicolon; and
    (D) by adding at the end the following:
    ``(7) use cost effective methods in carrying out this Act;
    and
    ``(8) develop contingency plans for the long-term monitoring
    of hypoxia.''.

    (f) Consultation Required.--Section 102 of the Harmful Algal Bloom
    and Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is amended by
    striking ``the amendments made by this title'' and inserting ``the
    Harmful Algal Bloom and Hypoxia Research and Control Act of 1998''.
    (g) <>  Hypoxia or Harmful Algal Bloom of
    National Significance.--
    (1) Relief.--
    (A) <>  In general.--Upon a
    determination under paragraph (2) that there is an event
    of national significance, the appropriate Federal
    official is authorized to make sums available to the
    affected State or local government for the purposes of
    assessing and mitigating the detrimental environmental,
    economic, subsistence use, and public health effects of
    the event of national significance.
    (B) Federal share.--The Federal share of the cost of
    any activity carried out under this paragraph for the
    purposes described in subparagraph (A) may not exceed 50
    percent of the cost of that activity.
    (C) Donations.--Notwithstanding any other provision
    of law, an appropriate Federal official may accept
    donations of funds, services, facilities, materials, or
    equipment that the appropriate Federal official
    considers necessary for the purposes described in
    subparagraph (A). Any funds donated to an appropriate
    Federal official under this paragraph may be expended
    without further appropriation and without fiscal year
    limitation.
    (2) Determinations.--

    [[Page 5464]]

    (A) In general.--At the discretion of an appropriate
    Federal official, or at the request of the Governor of
    an affected State, an appropriate Federal official shall
    determine whether a hypoxia or harmful algal bloom event
    is an event of national significance.
    (B) Considerations.--In making a determination under
    subparagraph (A), the appropriate Federal official shall
    consider the toxicity of the harmful algal bloom, the
    severity of the hypoxia, its potential to spread, the
    economic impact, the relative size in relation to the
    past 5 occurrences of harmful algal blooms or hypoxia
    events that occur on a recurrent or annual basis, and
    the geographic scope, including the potential to affect
    several municipalities, to affect more than 1 State, or
    to cross an international boundary.
    (3) Definitions.--In this subsection:
    (A) Appropriate federal official.--The term
    ``appropriate Federal official'' means--
    (i) in the case of a marine or coastal hypoxia
    or harmful algal bloom event, the Under Secretary
    of Commerce for Oceans and Atmosphere; and
    (ii) in the case of a freshwater hypoxia or
    harmful algal bloom event, the Administrator of
    the Environmental Protection Agency.
    (B) Event of national significance.--The term
    ``event of national significance'' means a hypoxia or
    harmful algal bloom event that has had or will likely
    have a significant detrimental environmental, economic,
    subsistence use, or public health impact on an affected
    State.
    (C) Hypoxia or harmful algal bloom event.--The term
    ``hypoxia or harmful algal bloom event'' means the
    occurrence of hypoxia or a harmful algal bloom as a
    result of a natural, anthropogenic, or undetermined
    cause.

    (h) Authorization of Appropriations.--Section 609(a) (33 U.S.C.
    4009(a)) is amended by inserting ``, and $20,500,000 for each of fiscal
    years 2019 through 2023'' before the period at the end.

    Approved January 7, 2019.

    LEGISLATIVE HISTORY--S. 2200:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 115-256 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Dec. 18, considered and passed Senate.
    Dec. 20, considered and passed House.