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