[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4952 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4952

 To establish a Center of Excellence for Dark and Quiet Skies, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2024

 Mr. Hickenlooper (for himself and Mr. Crapo) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To establish a Center of Excellence for Dark and Quiet Skies, 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 ``Dark and Quiet Skies Act of 2024''.

SEC. 2. PURPOSE.

    The purpose of this Act is to increase participation and 
collaboration between Federal agencies and the private sector to 
research, develop, and deploy mitigation techniques on a voluntary 
basis to protect the integrity of federally funded scientific research 
observing the sky and celestial bodies.

SEC. 3. CENTER OF EXCELLENCE FOR DARK AND QUIET SKIES.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Energy and Natural Resources, and the Committee on 
                Commerce, Science, and Transportation of the Senate; 
                and
                    (B) the Committee on Appropriations, the Committee 
                on Natural Resources, the Committee on Energy and 
                Commerce, and the Committee on Space, Science, and 
                Technology of the House of Representatives.
            (2) Center.--The term ``Center'' means the Center of 
        Excellence for Dark and Quiet Skies established under 
        subsection (b)(1).
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a nonprofit organization;
                    (B) a Federal laboratory;
                    (C) an institution of higher education;
                    (D) a Native entity;
                    (E) an observatory participating in a federally 
                funded research project; and
                    (F) a consortium of 1 or more entities described in 
                subparagraphs (A) through (E), private entities, or 
                astronomers.
            (4) Federal laboratory.--The term ``Federal laboratory'' 
        has the meaning given to the term in section 4 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3703).
            (5) Institution of higher education.--The term 
        ``institution of higher education'' means an institution of 
        higher education, as defined in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).
            (6) Native entity.--The term ``Native entity'' means--
                    (A) a Tribal government;
                    (B) an Alaska Native Village or Regional or Village 
                Corporation, as defined in or established pursuant to 
                the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
                et seq.); and
                    (C) a Native Hawaiian organization, as that term is 
                defined in section 7517 of title 20, United States 
                Code.
            (7) Scientific activity.--The term ``scientific activity'' 
        means federally funded scientific activities observing the sky 
        or celestial bodies using--
                    (A) radio observations; or
                    (B) optical observations, including photometric or 
                spectroscopic data.
            (8) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Standards and Technology.
    (b) Establishment of Center.--
            (1) In general.--Subject to availability of appropriations, 
        not later than 1 year after the date of enactment of this Act, 
        and after convening a gaps analysis workshop with the Office of 
        Space Commerce of the National Oceanic and Atmospheric 
        Administration and the National Science Foundation to assess 
        the present status of the objectives described in paragraph 
        (2), the Under Secretary shall award a grant, on a competitive 
        basis, to an eligible entity to establish and operate a Center 
        of Excellence for Dark and Quiet Skies.
            (2) Objectives.--Prior to awarding a grant under paragraph 
        (1), the Under Secretary shall establish the objectives of the 
        Center, including how the Center, to the maximum extent 
        practicable, will--
                    (A) work with the satellite industry and 
                astronomical community to develop and disseminate best 
                practices to limit optical and radio interference with 
                scientific activity, including developing consistent 
                optical brightness measurements;
                    (B) identify existing facilities within the United 
                States (as of the date of establishment of the 
                objectives) to be used for testing interference 
                mitigation or suggest adaptations to existing 
                facilities for such purpose;
                    (C) conduct transdisciplinary research, 
                development, and demonstration projects with an 
                emphasis on tracking, identifying, modeling, 
                characterizing, and minimizing potential interference 
                with scientific activity, and shall include methods 
                to--
                            (i) reduce optical impact of satellites in 
                        photometric and spectroscopic observations;
                            (ii) reduce radio frequency impact of 
                        satellites on radio observations;
                            (iii) quantify, assess, model, or predict 
                        potential interference with scientific 
                        activity;
                            (iv) promote consistency, where applicable, 
                        with domestic and international efforts to 
                        protect scientific research; and
                            (v) assess methods and techniques 
                        astronomers can take to avoid receiving 
                        interference from satellite activity, such as 
                        hardware-related technological innovations;
                    (D) publish the results of transdisciplinary 
                research carried out by the Center in a publicly 
                accessible repository with appropriate protections, as 
                determined by the Under Secretary, to protect 
                proprietary or confidential information;
                    (E) work with the satellite industry to develop and 
                disseminate voluntary guidelines and evidence-based 
                best practices to mitigate optical and radio 
                interference with scientific research; and
                    (F) achieve any other goal that the Under Secretary 
                determines necessary as a result of the workshop 
                convened pursuant to paragraph (1).
            (3) Consultation.--In establishing the Center under 
        paragraph (1) and determining the objectives of the Center 
        under paragraph (2), the Under Secretary shall consult with--
                    (A) the Department of State;
                    (B) the Federal Aviation Administration;
                    (C) the Federal Communications Commission;
                    (D) the National Aeronautics and Space 
                Administration;
                    (E) the National Oceanic and Atmospheric 
                Administration;
                    (F) the National Science Foundation;
                    (G) the National Telecommunications and Information 
                Administration;
                    (H) the Office of Space Commerce; and
                    (I) private entities involved in in-space 
                activities, space surveillance activities, or astronomy 
                activities, including not less than 1 of each of the 
                following:
                            (i) Satellite and spacecraft operators, 
                        including a diverse range of constellation 
                        sizes, missions, and purposes.
                            (ii) A space situational awareness 
                        provider.
                            (iii) A nonprofit organization.
                            (iv) Federal laboratories and National 
                        observatories, including a diverse range of 
                        scientific purposes.
                            (v) An institution of higher education.
                            (vi) A Native entity.
    (c) Application; Award Basis.--
            (1) In general.--An eligible entity desiring a grant under 
        subsection (b)(1) shall submit an application at such time, in 
        such manner, and containing such information as the Under 
        Secretary may require.
            (2) Considerations.--In reviewing applications under this 
        subsection and awarding a grant under subsection (b)(1), the 
        Under Secretary shall consider the degree to which--
                    (A) the eligible entity submitting the application 
                has a plan to financially sustain the activities of the 
                Center after the conclusion of the grant period, 
                including with matching funds for any Federal funding 
                dedicated to the Center; and
                    (B) the degree to which the eligible entity 
                proposes to engage small businesses in the activities 
                of the Center.
    (d) Coordination.--The Under Secretary shall ensure the 
coordination, and avoid unnecessary duplication, of activities of the 
Center with the research, development, or demonstration activities of--
            (1) the Department of Energy or Federal laboratories;
            (2) the National Aeronautics and Space Administration;
            (3) the National Oceanic and Atmospheric Administration;
            (4) the National Science Foundation; and
            (5) The National Telecommunications and Information 
        Administration.
    (e) Duration.--
            (1) In general.--Subject to appropriations and paragraph 
        (2), the Center is authorized to carry out activities for a 
        period of 5 years.
            (2) Termination.--The Under Secretary may terminate the 
        Center in the event the Under Secretary determines the Center 
        is underperforming during the performance period described in 
        paragraph (1).
    (f) Reports to Congress.--Not later than 18 months after the date 
of enactment of this Act, and annually thereafter through fiscal year 
2029, the Under Secretary shall prepare and submit a report to the 
appropriate committees of Congress--
            (1) providing an evaluation of the Center's effectiveness 
        in achieving its objectives under subsection (b)(2); and
            (2) describing benchmarks the Center will seek to 
        accomplish in the forthcoming year.
    (g) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $20,000,000 for 
        the period of fiscal years 2025 through 2029.
            (2) Rule of construction.--Nothing in this section shall be 
        construed to require the Under Secretary to carry out this 
        section using amounts appropriated or otherwise made available 
        to the Department of Commerce for other purposes.
                                 <all>