15 U.S.C. § 3724 — Crowdsourcing and citizen science

Page 2081 TITLE 15—COMMERCE AND TRADE § 3724 (A) is a nonprofit organization, an institu- tion of higher education, a public-private partnership, a science or research park, a Federal laboratory, or an economic develop- ment organization or similar entity; and (B) has an application that is supported by a State, a political subdivision of a State, or a native organization; or (5) a consortium of any of the entities de- scribed in paragraphs (1) through (5). (c) Needs assessment grants The Secretary of Commerce may provide a grant to an eligible recipient to conduct a needs assessment to identify— (1) the unmet need of a region’s employer base for skilled STEM workers; (2) the potential of STEM apprenticeships to address the unmet need described in paragraph (1); and (3) any barriers to addressing the unmet need described in paragraph (1). (d) Apprenticeship expansion grants The Secretary of Commerce may provide a grant to an eligible recipient that has conducted a needs assessment as described in subsection (c)(1) to develop infrastructure to expand STEM apprenticeship programs. (Pub. L. 96–480, § 30, formerly § 28, as added Pub. L. 114–329, title III, § 312(e), Jan. 6, 2017, 130 Stat. 3014; renumbered § 30, Pub. L. 117–167, div. B, title VI, § 10621(a)(1), Aug. 9, 2022, 136 Stat. 1642.) Statutory Notes and Related Subsidiaries DEVELOPING STEM APPRENTICESHIPS Pub. L. 114–329, title III, § 312(a)–(d), Jan. 6, 2017, 130 Stat. 3013, 3014, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) The lack of data on the return on investment for United States employers using registered appren- ticeships makes it difficult— ‘‘(A) to communicate the value of these programs to businesses; and ‘‘(B) to expand registered apprenticeships. ‘‘(2) The lack of data on the value and impact of employer-provided worker training, which is likely substantial, hinders the ability of the Federal Gov- ernment to formulate policy related to workforce training. ‘‘(3) The Secretary of Commerce has initiated— ‘‘(A) the first study on the return on investment for United States employers using registered ap- prenticeships through case studies of firms in var- ious sectors, occupations, and geographic locations to provide the business community with data on employer benefits and costs; and ‘‘(B) discussions with officials at relevant Federal agencies about the need to collect comprehensive data on— ‘‘(i) employer-provided worker training; and ‘‘(ii) existing tools that could be used to collect such data. ‘‘(b) DEVELOPMENT OF APPRENTICESHIP INFORMATION.— The Secretary of Commerce shall continue to research the value to businesses of utilizing apprenticeship pro- grams, including— ‘‘(1) evidence of return on investment of apprentice- ships, including estimates for the average time it takes a business to recover the costs associated with training apprentices; and ‘‘(2) data from the United States Census Bureau and other statistical surveys on employer-provided train- ing, including apprenticeships and other on-the-job training and industry-recognized certification pro- grams. ‘‘(c) DISSEMINATION OF APPRENTICESHIP INFORMA- TION.—The Secretary of Commerce shall disseminate findings from research on apprenticeships to businesses and other relevant stakeholders, including— ‘‘(1) institutions of higher education; ‘‘(2) State and local chambers of commerce; and ‘‘(3) workforce training organizations. ‘‘(d) NEW APPRENTICESHIP PROGRAM STUDY.—The Sec- retary of Commerce may collaborate with the Sec- retary of Labor to study approaches for reducing the cost of creating new apprenticeship programs and hosting apprentices for businesses, particularly small businesses, including— ‘‘(1) training sharing agreements; ‘‘(2) group training models; and ‘‘(3) pooling resources and best practices.’’ [For definitions of ‘‘STEM’’ and ‘‘institution of high- er education’’ as used in section 312(a)–(d) of Pub. L. 114–329, set out above, see section 2 of Pub. L. 114–329, set out as a note under section 1862s of Title 42, The Public Health and Welfare.] § 3724. Crowdsourcing and citizen science (a) Short title This section may be cited as the ‘‘Crowdsourcing and Citizen Science Act’’. (b) Sense of Congress It is the sense of Congress that— (1) the authority granted to Federal agencies under the America COMPETES Reauthoriza- tion Act of 2010 (Public Law 111–358; 124 Stat. 3982) to pursue the use of incentive prizes and challenges has yielded numerous benefits; (2) crowdsourcing and citizen science projects have a number of additional unique benefits, including accelerating scientific re- search, increasing cost effectiveness to maxi- mize the return on taxpayer dollars, address- ing societal needs, providing hands-on learn- ing in STEM, and connecting members of the public directly to Federal science agency mis- sions and to each other; and (3) granting Federal science agencies the di- rect, explicit authority to use crowdsourcing and citizen science will encourage its appro- priate use to advance Federal science agency missions and stimulate and facilitate broader public participation in the innovation process, yielding numerous benefits to the Federal Government and citizens who participate in such projects. (c) Definitions In this section: (1) Citizen science The term ‘‘citizen science’’ means a form of open collaboration in which individuals or or- ganizations participate voluntarily in the sci- entific process in various ways, including— (A) enabling the formulation of research questions; (B) creating and refining project design; (C) conducting scientific experiments; (D) collecting and analyzing data; (E) interpreting the results of data; (F) developing technologies and applica- tions; (G) making discoveries; and (H) solving problems. Page 2082 TITLE 15—COMMERCE AND TRADE § 3724 (2) Crowdsourcing The term ‘‘crowdsourcing’’ means a method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, espe- cially from an online community. (3) Participant The term ‘‘participant’’ means any indi- vidual or other entity that has volunteered in a crowdsourcing or citizen science project under this section. (d) Crowdsourcing and citizen science (1) In general The head of each Federal science agency, or the heads of multiple Federal science agencies working cooperatively, may utilize crowdsourcing and citizen science to conduct projects designed to advance the mission of the respective Federal science agency or the joint mission of Federal science agencies, as applicable. (2) Voluntary services Notwithstanding section 1342 of title 31, the head of a Federal science agency may accept, subject to regulations issued by the Director of the Office of Personnel Management, in co- ordination with the Director of the Office of Science and Technology Policy, services from participants under this section if such serv- ices— (A) are performed voluntarily as a part of a crowdsourcing or citizen science project authorized under paragraph (1); (B) are not financially compensated for their time; and (C) will not be used to displace any em- ployee of the Federal Government. (3) Outreach The head of each Federal science agency en- gaged in a crowdsourcing or citizen science project under this section shall make public and promote such project to encourage broad participation. (4) Consent, registration, and terms of use (A) In general Each Federal science agency shall deter- mine the appropriate level of consent, reg- istration, or acknowledgment of the terms of use that are required from participants in crowdsourcing or citizen science projects under this section on a per-project basis. (B) Disclosures In seeking consent, conducting registra- tion, or developing terms of use for a project under this subsection, a Federal science agency shall disclose the privacy, intellec- tual property, data ownership, compensa- tion, service, program, and other terms of use to the participant in a clear and reason- able manner. (C) Mode of consent A Federal agency or Federal science agen- cies, as applicable, may obtain consent elec- tronically or in written form from partici- pants under this section. (5) Protections for human subjects Any crowdsourcing or citizen science project under this section that involves research in- volving human subjects shall be subject to part 46 of title 28, Code of Federal Regulations (or any successor regulation). (6) Data (A) In general A Federal science agency shall, where ap- propriate and to the extent practicable, make data collected through a crowdsourcing or citizen science project under this section available to the public, in a machine readable format, unless prohib- ited by law. (B) Notice As part of the consent process, the Federal science agency shall notify all participants— (i) of the expected uses of the data com- piled through the project; (ii) if the Federal science agency will re- tain ownership of such data; (iii) if and how the data and results from the project would be made available for public or third party use; and (iv) if participants are authorized to pub- lish such data. (7) Technologies and applications Federal science agencies shall endeavor to make technologies, applications, code, and derivations of such intellectual property de- veloped through a crowdsourcing or citizen science project under this section available to the public. (8) Liability Each participant in a crowdsourcing or cit- izen science project under this section shall agree— (A) to assume any and all risks associated with such participation; and (B) to waive all claims against the Federal Government and its related entities, except for claims based on willful misconduct, for any injury, death, damage, or loss of prop- erty, revenue, or profits (whether direct, in- direct, or consequential) arising from par- ticipation in the project. (9) Research misconduct Federal science agencies coordinating crowdsourcing or citizen science projects under this section shall make all practicable efforts to ensure that participants adhere to all relevant Federal research misconduct poli- cies and other applicable ethics policies. (10) Multi-sector partnerships The head of each Federal science agency en- gaged in crowdsourcing or citizen science under this section, or the heads of multiple Federal science agencies working coopera- tively, may enter into a contract or other agreement to share administrative duties for such projects with— (A) a for profit or nonprofit private sector entity, including a private institution of higher education; (B) a State, tribal, local, or foreign govern- ment agency, including a public institution of higher education; or Page 2083 TITLE 15—COMMERCE AND TRADE § 3724 1 So in original. As amended by Pub. L. 114–329, section 3719(p) of this title requires biennial reports. (C) a public-private partnership. (11) Funding In carrying out crowdsourcing and citizen science projects under this section, the head of a Federal science agency, or the heads of mul- tiple Federal science agencies working coop- eratively— (A) may use funds appropriated by Con- gress; (B) may publicize projects and solicit and accept funds or in-kind support for such projects, to be available to the extent pro- vided by appropriations Acts, from— (i) other Federal agencies; (ii) for profit or nonprofit private sector entities, including private institutions of higher education; or (iii) State, tribal, local, or foreign gov- ernment agencies, including public institu- tions of higher education; and (C) may not give any special consideration to any entity described in subparagraph (B) in return for such funds or in-kind support. (12) Facilitation (A) General Services Administration assist- ance The Administrator of the General Services Administration, in coordination with the Di- rector of the Office of Personnel Manage- ment and the Director of the Office of Science and Technology Policy, shall, at no cost to Federal science agencies, identify and develop relevant products, training, and services to facilitate the use of crowdsourcing and citizen science projects under this section, including by specifying the appropriate contract vehicles and tech- nology and organizational platforms to en- hance the ability of Federal science agencies to carry out the projects under this section. (B) Additional guidance The head of each Federal science agency engaged in crowdsourcing or citizen science under this section may— (i) consult any guidance provided by the Director of the Office of Science and Tech- nology Policy, including the Federal Crowdsourcing and Citizen Science Tool- kit; (ii) designate a coordinator for that Fed- eral science agency’s crowdsourcing and citizen science projects; and (iii) share best practices with other Fed- eral agencies, including participation of staff in the Federal Community of Prac- tice for Crowdsourcing and Citizen Science. (e) Report (1) In general Not later than 2 years after January 6, 2017, the Director of the Office of Science and Tech- nology Policy shall include, as a component of an annual 1 report required under section 3719(p) of this title, a report on the projects and activities carried out under this section. (2) Information included The report required under paragraph (1) shall include— (A) a summary of each crowdsourcing and citizen science project conducted by a Fed- eral science agency during the most recently completed 2 fiscal years, including a descrip- tion of the proposed goals of each crowdsourcing and citizen science project; (B) an analysis of why the utilization of a crowdsourcing or citizen science project summarized in subparagraph (A) was the preferable method of achieving the goals de- scribed in subparagraph (A) as opposed to other authorities available to the Federal science agency, such as contracts, grants, cooperative agreements, and prize competi- tions; (C) the participation rates, submission lev- els, number of consents, and any other sta- tistic that might be considered relevant in each crowdsourcing and citizen science project; (D) a detailed description of— (i) the resources, including personnel and funding, that were used in the execution of each crowdsourcing and citizen science project; (ii) the project activities for which such resources were used; and (iii) how the obligations and expendi- tures relating to the project’s execution were allocated among the accounts of the Federal science agency, including a de- scription of the amount and source of all funds, private, public, and in-kind, con- tributed to each crowdsourcing and citizen science project; (E) a summary of the use of crowdsourcing and citizen science by all Federal science agencies, including interagency and multi- sector partnerships; (F) a description of how each crowdsourcing and citizen science project advanced the mission of each participating Federal science agency; (G) an identification of each crowdsourcing or citizen science project where data collected through such project was not made available to the public, includ- ing the reasons for such action; and (H) any other information that the Direc- tor of the Office of Science and Technology Policy considers relevant. (f) Savings provision Nothing in this section may be construed— (1) to affect the authority to conduct crowdsourcing and citizen science authorized by any other provision of law; or (2) to displace Federal Government resources allocated to the Federal science agencies that use crowdsourcing or citizen science author- ized under this section to carry out a project. (Pub. L. 114–329, title IV, § 402, Jan. 6, 2017, 130 Stat. 3019.) Page 2084 TITLE 15—COMMERCE AND TRADE § 3801 Editorial Notes REFERENCES IN TEXT The America COMPETES Reauthorization Act of 2010, referred to in subsec. (b)(1), is Pub. L. 111–358, Jan. 4, 2011, 124 Stat. 3982, also known as the America Cre- ating Opportunities to Meaningfully Promote Excel- lence in Technology, Education, and Science Reauthor- ization Act of 2010. For complete classification of this Act to the Code, see Short Title of 2011 Amendment note set out under section 1861 of Title 42, The Public Health and Welfare, and Tables. CODIFICATION Section was enacted as part of the American Innova- tion and Competitiveness Act, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 2 of Pub. L. 114–329, set out as a note under section 1862s of Title 42, The Public Health and Welfare. CHAPTER 64—METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND DEM- ONSTRATION Sec. 3801. Congressional statement of findings and dec- laration of policy. 3802. Definitions. 3803. Duties of Secretary of Energy. 3804. Coordination with other Federal departments and agencies. 3805. Research and development activities. 3806. Demonstrations. 3807. Use of methane-fueled vehicles by Federal agencies and departments. 3808. Repealed. 3809. Authorization of appropriations; required funding. 3810. Relationship to other laws. § 3801. Congressional statement of findings and declaration of policy (a) The Congress finds and declares that— (1) gasoline and diesel fuel for vehicular use are in short supply and constitute a sizable portion of domestic petroleum consumption; (2) methane use in fleet-operated vehicles would result in substantial reduction in oil imports; (3) methane is in more abundant domestic supply than petroleum products, is the pri- mary component of natural gas and can be de- rived in increased quantities from coal, bio- mass, waste products, and other renewable resources; (4) recoverable methane presently available in the United States is not fully utilized; (5) test results to date indicate that methane use as a substitute for gasoline as a motor fuel can result in emission reductions; (6) experience to date has shown methane to be a safe motor fuel in properly modified vehi- cles and is therefore particularly suitable as fuel for fleet vehicles; and (7) the introduction into commerce of meth- ane-fueled vehicles would be expedited and fa- cilitated by the establishment of a Federal program of research, development, and dem- onstration to explore and refine technologies related to methane use as a vehicular fuel. (b) It is therefore declared to be the policy of the Congress in this chapter to— (1) provide for and support advanced and ac- celerated research into, and development of, methane vehicle design, and related tech- nologies; (2) demonstrate the economic and techno- logical practicalities of methane-fueled vehi- cles for fleet use and of methane-fueled farm equipment; (3) facilitate, and remove barriers to, the use of methane-fueled vehicles in lieu of gasoline- or diesel-powered motor vehicles where prac- ticable; (4) promote the substitution of methane- fueled vehicles for gasoline- and diesel-pow- ered vehicles currently used on farms and in fleet operations, particularly in areas where such substitution would facilitate plans to meet air quality standards set under the Clean Air Act, as amended [42 U.S.C. 7401 et seq.]; and (5) supplement, but neither supplant nor du- plicate, the automotive propulsion system re- search and development efforts of private in- dustry. (Pub. L. 96–512, § 2, Dec. 12, 1980, 94 Stat. 2827.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, as amended, referred to in subsec. (b)(4), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–512, § 1, Dec. 12, 1980, 94 Stat. 2827, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Methane Transportation Research, Development, and Demonstration Act of 1980’.’’ § 3802. Definitions For purposes of this chapter— (a) the term ‘‘methane’’ means either nat- ural gas (as defined in section 3301(1) of this title), gas derived from coal, liquefied natural gas, or any gaseous transportation fuel pro- duced from biomass, waste products, and other renewable resources; (b) the term ‘‘Secretary’’ means the Sec- retary of Energy; (c) the term ‘‘public entities’’ means any unit or units of State and/or local govern- ments; (d) the term ‘‘private entities’’ means any person, such as any organization incorporated under State law, for profit or not-for-profit, or a consortium of such organizations, but does not include public entities; (e) the term ‘‘vehicle’’ means any truck, van, station wagon, bus, or car used on public roads or highways as well as off-road agricul- tural equipment, such as tractors, harvesters, and so forth, which presently burn gasoline or diesel fuel; and (f) the terms ‘‘facilities for the transmission and storage of methane’’, ‘‘methane trans-