II 118th CONGRESS 2d Session S. 4952 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.

1. Short title This Act may be cited as the Dark and Quiet Skies Act of 2024 . 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. 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.