### SUBCHAPTER I—GENERAL PROVISIONS

#### **Statutory Notes and Related Subsidiaries**

#### Acquisition of Aircraft for Agency Air, Atmosphere, and Weather Reconnaissance and Research Mission

Pub. L. 117–263, div. K, title CXVII, §11708, Dec. 23, 2022, 136 Stat. 4158, provided that:

"(a) Increased Fleet Capacity.—

"(1) In general.—The Under Secretary of Commerce for Oceans and Atmosphere shall acquire adequate aircraft platforms with the necessary observation and modification requirements—

"(A) to meet agency-wide air reconnaissance and research mission requirements, particularly with respect to hurricanes and tropical cyclones, and also for atmospheric chemistry, climate, air quality for public health, full-season fire weather research and operations, full-season atmospheric river air reconnaissance observations, and other mission areas; and

"(B) to ensure data and information collected by the aircraft are made available to all users for research and operations purposes.

"(2) Contracts.—In carrying out paragraph (1), the Under Secretary shall negotiate and enter into 1 or more contracts or other agreements, to the extent practicable and necessary, with 1 or more governmental or nongovernmental entities.

"(b) Acquisition of Aircraft To Replace WP–3D Aircraft.—Subject to the availability of appropriations, the Under Secretary may enter into a contract for the acquisition of up to 6 aircraft to replace the WP–3D aircraft that provides for—

"(1) the first newly acquired aircraft to be fully operational before the retirement of the last WP–3D aircraft operated by the National Oceanic and Atmospheric Administration; and

"(2) the second newly acquired aircraft to be fully operational not later than 1 year after the first such aircraft is required to be fully operational under subparagraph (A).

"(c) Acquisition of Aircraft to Replace End of Life-cycle Aircraft.—Subject to the availability of appropriations, the Under Secretary shall maintain the ability of the National Oceanic and Atmospheric Administration to meet agency air reconnaissance and research mission requirements by acquiring new aircraft prior to the end of the service life of the aircraft being replaced with sufficient lead time that the replacement aircraft is fully operation [sic] prior to the retirement of the aircraft it is replacing.

"(d) Authorization of Appropriations.—For fiscal year 2023, there is authorized to be appropriated to the Under Secretary $800,000,000 for the acquisition of aircraft under this section."

#### Co-Location Agreements

Pub. L. 116–259, title V, §502, Dec. 23, 2020, 134 Stat. 1178, provided that:

"(a) In General.—During fiscal years 2021 through 2030, and subject to the availability of appropriations, the Administrator of the National Oceanic and Atmospheric Administration may execute noncompetitive co-location agreements for real property and incidental goods and services with entities described in subsection (b) for periods of not more than 20 years, if each such agreement is supported by a price reasonableness analysis.

"(b) Entities Described.—An entity described in this subsection is—

"(1) the government of any State, territory, possession, or locality of the United States;

"(2) any Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));

"(3) any subdivision of—

"(A) a government described in paragraph (1); or

"(B) an organization described in paragraph (2); or

"(4) any organization that is—

"(A) organized under the laws of the United States or any jurisdiction within the United States; and

"(B) described in section 501(c) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)] and exempt from tax under section 501(a) of such Code.

"(c) Collaboration Agreements.—Upon the execution of an agreement authorized by subsection (a) with an entity, the Administrator may enter into agreements with the entity to collaborate or engage in projects or programs on matters of mutual interest for periods not to exceed the term of the agreement. The cost of such agreements shall be apportioned equitably, as determined by the Administrator.

"(d) Savings Clause.—Nothing in this section shall be construed—

"(1) to affect the authority of the Administrator of General Services; or

"(2) to grant the Administrator of the National Oceanic and Atmospheric Administration any additional authority to enter into a lease without approval of the General Services Administration."