,,ii #aaith ,,congress #ast ,session ,s4 #cbdg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bj1 #bjbe,mr4 ,hickenlooper 7for himself and ,mr4 ,crapo7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish a ,center of ,excellence for ,dark and ,quiet ,skies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,dark and ,quiet ,skies ,act of #bjbe4 #b4 ,purpose ,the purpose of this ,act is to increase participation and collaboration between ,federal agencies and the private sector to research1 develop1 and deploy mitigation techniques on a voluntary basis to protect the integrity of federally funded scientific research observing the sky and celestial bodies4 #c4 ,center of ,excellence for ,dark and ,quiet ,skies 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,energy and ,natural ,resources1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,natural ,resources1 the ,committee on ,energy and ,commerce1 and the ,committee on ,space1 ,science1 and ,technology of the ,house of ,representatives4 7#b7 ,center ,the term ,center means the ,center of ,excellence for ,dark and ,quiet ,skies established under subsection 7b77#a74 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 a nonprofit organization2 7,b7 a ,federal laboratory2 7,c7 an institution of higher education2 7,d7 a ,native entity2 7,e7 an observatory participating in a federally funded research project2 and 7,f7 a consortium of #a or more entities described in subparagraphs 7,a7 through 7,e71 private entities1 or astronomers4 7#d7 ,federal laboratory ,the term ,federal laboratory has the meaning given to the term in section #d of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgjc74 7#e7 ,institution of higher education ,the term institution of higher education means an institution of higher education1 as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#f7 ,native entity ,the term ,native entity means-- 7,a7 a ,tribal government2 7,b7 an ,alaska ,native ,village or ,regional or ,village ,corporation1 as defined in or established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq472 and 7,c7 a ,native ,hawaiian organization1 as that term is defined in section #geag of title #bj1 ,united ,states ,code4 7#g7 ,scientific activity ,the term scientific activity means federally funded scientific activities observing the sky or celestial bodies using-- 7,a7 radio observations2 or 7,b7 optical observations1 including photometric or spectroscopic data4 7#h7 ,under ,secretary ,the term ,under ,secretary means the ,under ,secretary of ,commerce for ,standards and ,technology4 7b7 ,establishment of ,center 7#a7 ,in general ,subject to availability of appropriations1 not later than #a year after the date of enactment of this ,act1 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 7#b71 the ,under ,secretary shall award a grant1 on a competitive basis1 to an eligible entity to establish and operate a ,center of ,excellence for ,dark and ,quiet ,skies4 7#b7 ,objectives ,prior to awarding a grant under paragraph 7#a71 the ,under ,secretary shall establish the objectives of the ,center1 including how the ,center1 to the maximum extent practicable1 will-- 7,a7 work with the satellite industry and astronomical community to develop and disseminate best practices to limit optical and radio interference with scientific activity1 including developing consistent optical brightness measurements2 7,b7 identify existing facilities within the ,united ,states 7as of the date of establishment of the objectives7 to be used for testing interference mitigation or suggest adaptations to existing facilities for such purpose2 7,c7 conduct transdisciplinary research1 development1 and demonstration projects with an emphasis on tracking1 identifying1 modeling1 characterizing1 and minimizing potential interference with scientific activity1 and shall include methods to-- 7i7 reduce optical impact of satellites in photometric and spectroscopic observations2 7ii7 reduce radio frequency impact of satellites on radio observations2 7iii7 quantify1 assess1 model1 or predict potential interference with scientific activity2 7iv7 promote consistency1 where applicable1 with domestic and international efforts to protect scientific research2 and 7v7 assess methods and techniques astronomers can take to avoid receiving interference from satellite activity1 such as hardware-related technological innovations2 7,d7 publish the results of transdisciplinary research carried out by the ,center in a publicly accessible repository with appropriate protections1 as determined by the ,under ,secretary1 to protect proprietary or confidential information2 7,e7 work with the satellite industry to develop and disseminate voluntary guidelines and evidence-based best practices to mitigate optical and radio interference with scientific research2 and 7,f7 achieve any other goal that the ,under ,secretary determines necessary as a result of the workshop convened pursuant to paragraph 7#a74 7#c7 ,consultation ,in establishing the ,center under paragraph 7#a7 and determining the objectives of the ,center under paragraph 7#b71 the ,under ,secretary shall consult with-- 7,a7 the ,department of ,state2 7,b7 the ,federal ,aviation ,administration2 7,c7 the ,federal ,communications ,commission2 7,d7 the ,national ,aeronautics and ,space ,administration2 7,e7 the ,national ,oceanic and ,atmospheric ,administration2 7,f7 the ,national ,science ,foundation2 7,g7 the ,national ,telecommunications and ,information ,administration2 7,h7 the ,office of ,space ,commerce2 and 7,i7 private entities involved in in-space activities1 space surveillance activities1 or astronomy activities1 including not less than #a of each of the following3 7i7 ,satellite and spacecraft operators1 including a diverse range of constellation sizes1 missions1 and purposes4 7ii7 ,a space situational awareness provider4 7iii7 ,a nonprofit organization4 7iv7 ,federal laboratories and ,national observatories1 including a diverse range of scientific purposes4 7v7 ,an institution of higher education4 7vi7 ,a ,native entity4 7c7 ,application2 award basis 7#a7 ,in general ,an eligible entity desiring a grant under subsection 7b77#a7 shall submit an application at such time1 in such manner1 and containing such information as the ,under ,secretary may require4 7#b7 ,considerations ,in reviewing applications under this subsection and awarding a grant under subsection 7b77#a71 the ,under ,secretary shall consider the degree to which-- 7,a7 the eligible entity submitting the application has a plan to financially sustain the activities of the ,center after the conclusion of the grant period1 including with matching funds for any ,federal funding dedicated to the ,center2 and 7,b7 the degree to which the eligible entity proposes to engage small businesses in the activities of the ,center4 7d7 ,coordination ,the ,under ,secretary shall ensure the coordination1 and avoid unnecessary duplication1 of activities of the ,center with the research1 development1 or demonstration activities of-- 7#a7 the ,department of ,energy or ,federal laboratories2 7#b7 the ,national ,aeronautics and ,space ,administration2 7#c7 the ,national ,oceanic and ,atmospheric ,administration2 7#d7 the ,national ,science ,foundation2 and 7#e7 ,the ,national ,telecommunications and ,information ,administration4 7e7 ,duration 7#a7 ,in general ,subject to appropriations and paragraph 7#b71 the ,center is authorized to carry out activities for a period of #e years4 7#b7 ,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 7#a74 7f7 ,reports to ,congress ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter through fiscal year #bjcj1 the ,under ,secretary shall prepare and submit a report to the appropriate committees of ,congress-- 7#a7 providing an evaluation of the ,center's effectiveness in achieving its objectives under subsection 7b77#b72 and 7#b7 describing benchmarks the ,center will seek to accomplish in the forthcoming year4 7g7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bj1jjj1jjj for the period of fiscal years #bjbf through #bjcj4 7#b7 ,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 purposes4