[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2113 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2113

 To harness the expertise, ingenuity, and creativity of all people to 
    contribute to innovation in the United States and to help solve 
problems or scientific questions by encouraging and increasing the use 
    of crowdsourcing and citizen science methods within the Federal 
          Government, as appropriate, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2015

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

_______________________________________________________________________

                                 A BILL


 
 To harness the expertise, ingenuity, and creativity of all people to 
    contribute to innovation in the United States and to help solve 
problems or scientific questions by encouraging and increasing the use 
    of crowdsourcing and citizen science methods within the Federal 
          Government, as appropriate, 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 ``Crowdsourcing and Citizen Science 
Act of 2015''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the authority granted to Federal agencies under the 
        America COMPETES Reauthorization Act of 2010 (Public Law 111-
        358) to pursue the use of incentive prizes and challenges has 
        yielded numerous benefits, including--
                    (A) paying only for success;
                    (B) establishing an ambitious goal without having 
                to predict which team or approach is most likely to 
                succeed;
                    (C) reaching out to individuals or a broader group 
                of people to increase the number of minds tackling a 
                problem;
                    (D) bringing out-of-discipline perspectives to 
                bear; and
                    (E) increasing cost-effectiveness to maximize the 
                return on taxpayer dollars;
            (2) granting Federal agencies the direct, explicit 
        authority to use crowdsourcing and citizen science will--
                    (A) remove ambiguity about whether an agency can 
                use these techniques;
                    (B) encourage its appropriate use to advance agency 
                missions; and
                    (C) stimulate and facilitate broader public 
                participation in the innovation process;
            (3) crowdsourcing projects have a number of unique 
        benefits, including--
                    (A) improving the delivery of government services 
                with significantly lower Federal or other public 
                resource investments or at time scales or distribution 
                scales that might not otherwise be possible;
                    (B) connecting citizens to the missions of Federal 
                agencies by promoting a spirit of open government and 
                volunteerism;
                    (C) providing the acquisition of data at a greater 
                geographic extent and in locations with a greater 
                density or frequency than otherwise reasonably 
                obtainable using conventional methods; and
                    (D) enabling citizens to address community and 
                research-based concerns by gathering, analyzing, and 
                sharing data and information;
            (4) citizen science has additional benefits, including--
                    (A) advancing and accelerating scientific research 
                through group discovery, the cocreation of knowledge, 
                and the inclusion of diverse perspectives;
                    (B) improving science literacy and providing skills 
                needed to excel in science, technology, engineering, 
                and math, thereby increasing American competitiveness;
                    (C) furthering science diplomacy through the 
                worldwide collaboration between scientists and 
                citizens; and
                    (D) building trust and understanding between 
                citizens and science and between citizens and 
                scientists; and
            (5) since participants in crowdsourcing and citizen science 
        projects participate in crowdsourcing or citizen science for a 
        variety of reasons, Federal agencies should consider meaningful 
        incentives to engage and retain participants depending on the 
        range of motivations for potential participants, including--
                    (A) receiving attribution for their contributions 
                to research;
                    (B) learning new skills and knowledge or educating 
                others;
                    (C) connecting with new individuals or communities 
                and building relationships; and
                    (D) knowing that their work is helping to solve 
                meaningful problems and contributing to broader 
                scientific endeavors for the benefit of society.

SEC. 3. CROWDSOURCING AND CITIZEN SCIENCE.

    (a) Definitions.--In this section:
            (1) Citizen science.--The term ``citizen science'' means a 
        form of open collaboration in which individuals or 
        organizations participate in the scientific 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 applications;
                    (G) making discoveries; and
                    (H) solving problems.
            (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, especially from an online community.
            (3) Director.--The term ``Director'' means the Director of 
        the Office of Science and Technology Policy.
            (4) Federal agency.--The term ``Federal agency''--
                    (A) except as provided in subparagraph (B), means--
                            (i) any Executive agency (as defined in 
                        section 105 of title 5, United States Code); 
                        and
                            (ii) any military department (as set forth 
                        in section 102 of such title); and
                    (B) does not include any legislative branch agency.
            (5) Participant.--The term ``participant'' means any 
        individual or other entity that has consented as a volunteer in 
        a crowdsourcing or citizen science project under this section.
            (6) Related entity.--The term ``related entity'' means--
                    (A) a Federal Government contractor or 
                subcontractor, at any tier; and
                    (B) a supplier, user, customer, cooperating party, 
                grantee, investigator, fellow, or detailee of a Federal 
                agency.
    (b) Crowdsourcing and Citizen Science Authorized.--
            (1) In general.--The head of each Federal agency, or the 
        heads of multiple Federal agencies working cooperatively, may 
        utilize crowdsourcing and citizen science approaches to conduct 
        activities designed to advance the mission of the respective 
        Federal agency or the joint mission of Federal agencies, as 
        applicable.
            (2) Voluntary services.--Notwithstanding section 1342 of 
        title 31, United States Code, the head of a Federal agency may 
        accept, subject to regulations issued by the Office of 
        Personnel Management, voluntary services from participants 
        under this section if such services--
                    (A) are performed 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 employee of 
                the Federal Government.
    (c) Participation.--
            (1) Advertising.--The head of each Federal agency engaged 
        in a crowdsourcing or citizen science project under this 
        section shall make public and promote such project to encourage 
        broad participation of consenting participants.
            (2) Consent, registration, and terms of use.--
                    (A) In general.--Each Federal agency is authorized 
                to determine the appropriate level of consent, 
                registration, or acknowledgment of the terms of use 
                that is required from participants in crowdsourcing or 
                citizen science projects on a per-project basis.
                    (B) Disclosures.--In seeking consent, conducting 
                registration, or developing terms of use for a project 
                under this subsection, a Federal agency shall disclose 
                the privacy, intellectual property, data ownership, 
                compensation, service, program, and other terms of use 
                to the participant in a clear and reasonable manner.
                    (C) Mode of consent.--A Federal agency or Federal 
                agencies, as applicable, may obtain consent 
                electronically or in written form from participants to 
                the volunteer service terms of a crowdsourcing or 
                citizen science project authorized under this section.
            (3) Human subjects.--Any crowdsourcing or citizen science 
        project that involves research involving human subjects shall 
        be subject to part 46 of title 28, Code of Federal Regulations 
        (or any successor regulation).
            (4) Data.--Notwithstanding security and privacy 
        protections, Federal agencies shall endeavor to make data 
        collected through a crowdsourcing or citizen science project 
        authorized under this section open and available, in machine 
        readable formats, to the public. As part of the consent 
        process, the Federal agency shall notify all participants--
                    (A) of the expected uses of the data compiled 
                through the project;
                    (B) if the Federal agency will retain ownership of 
                such data;
                    (C) if and how the data and results from the 
                project would be made available for public or third 
                party use; and
                    (D) if participants are authorized to publish such 
                data.
            (5) Technologies and applications.--Notwithstanding the 
        intellectual property rights of the Federal Government, Federal 
        agencies shall endeavor to make technologies, applications, 
        code, and derivations of such intellectual property developed 
        through a crowdsourcing or citizen science project under this 
        section open and available to the public.
            (6) Liability.--Each participant in a crowdsourcing or 
        citizen 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 property, revenue, or profits 
                (whether direct, indirect, or consequential) arising 
                from participation in the project.
            (7) Scientific integrity.--Federal agencies coordinating 
        citizen science projects shall make all practicable efforts 
        that participants adhere to all relevant scientific integrity 
        or other applicable ethics policies.
    (d) Multi-Sector Partnerships.--The head of each Federal agency 
engaged in crowdsourcing or citizen science under this section, or the 
heads of multiple Federal agencies working cooperatively, may enter 
into a contract or other agreement to share administrative duties for 
such activities with--
            (1) a for-profit or nonprofit private sector entity, 
        including a private institution of higher education; or
            (2) a State, tribal, local, or foreign government agency, 
        including a public institution of higher education.
    (e) Funding.--In carrying out crowdsourcing and citizen science 
activities under this section, the head of a Federal agency, or the 
heads of multiple Federal agencies working cooperatively--
            (1) may use funds appropriated by Congress;
            (2) may request and accept funds or in kind support for 
        such activities from--
                    (A) other Federal agencies;
                    (B) for-profit or nonprofit private sector 
                entities, including private institutions of higher 
                education; or
                    (C) State, tribal, local, or foreign government 
                agencies, including public institutions of higher 
                education; and
            (3) may not give any special consideration to any entity 
        described in paragraph (2) in return for such funds or in kind 
        support.
    (f) Facilitation.--
            (1) General services administration assistance.--Not later 
        than 180 days after the date of the enactment of this Act, the 
        Administrator of the General Services Administration, in 
        coordination with the Director, shall identify and develop 
        relevant products and services to facilitate the use of 
        crowdsourcing and citizen science activities under this 
        section, including by specifying the appropriate contract 
        vehicles and technology and organizational platforms to enhance 
        the ability of Federal agencies to carry out the activities 
        under this section to further the policy objectives of the 
        Federal Government.
            (2) OSTP guidance.--The heads of each Federal agency 
        engaged in crowdsourcing or citizen science under this section 
        is encouraged to consult any guidance provided by the Director.
    (g) Report.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, and every 4 years thereafter, as a 
        component of the report required under section 24(p) of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3719(p)), the Director shall report on the activities carried 
        out under this subsection.
            (2) Information included.--Each report required under 
        paragraph (1) shall include--
                    (A) a summary of each crowdsourcing and citizen 
                science project conducted by any Federal agency during 
                the most recently completed 2 fiscal years (for the 
                first report) or since the last report was submitted 
                (for subsequent reports), including a description of 
                the proposed goals of each crowdsourcing and citizen 
                science project;
                    (B) the participation rates, submission levels, 
                number of consents, or any other statistic that might 
                be considered relevant in each crowdsourcing and 
                citizen science project;
                    (C) a description of--
                            (i) the resources (including personnel and 
                        funding) that were used in the execution of 
                        each crowdsourcing and citizen science project;
                            (ii) the activities for which such 
                        resources were used; and
                            (iii) how the obligations and expenditures 
                        relating to the project's execution was 
                        allocated among the accounts of the Federal 
                        agency;
                    (D) a description of--
                            (i) the ways in which each crowdsourcing 
                        and citizen science project advanced the 
                        mission of the Federal agency;
                            (ii) the project's results, including the 
                        publications, results, tools, products, or 
                        services that the project created;
                            (iii) the general methods used to ensure 
                        data quality and make the data publicly 
                        available; and
                            (iv) any savings realized or costs incurred 
                        by the Federal Government, whether financial or 
                        human resources, as a result of using 
                        crowdsourcing or citizen science projects 
                        instead of Federal agency resources, as 
                        possible;
                    (E) a summary of the main challenges and barriers 
                that constrained the ability of Federal agencies to 
                conduct crowdsourcing and citizen science projects, 
                including--
                            (i) any steps that were taken to address 
                        such challenges; and
                            (ii) recommendations for future 
                        administrative or legislative action;
                    (F) a summary of the use of crowdsourcing and 
                citizen science methods by all Federal agencies since 
                the submission of the last report, including 
                interagency and multi-sector partnerships; and
                    (G) any other information that the Director 
                considers relevant.
    (h) Savings Provisions.--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 agencies that use crowdsourcing or citizen science 
        authorized under this section to carry out a project.
                                 <all>