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Text of Rep. Sabo's Public Access to Science Act  Peter Suber
 Jun 30, 2003 10:29 PDT 

<html>
[Here's the text of a draft version of Rep. Sabo's Public Access to
Science Act.  I haven't put it online before now, thinking that any
minute the official text would appear either at Sabo's home page or in
THOMAS, the semi-official Library of Congress database of pending
bills.  But so far it hasn't appeared in either place.<br><br>
Rep. Sabo's Congressional home page<br>
<a href="http://www.house.gov/sabo/" eudora="autourl">http://www.house.gov/sabo/</a><br><br>
THOMAS<br>
<a href="http://thomas.loc.gov/" eudora="autourl">http://thomas.loc.gov/<br><br>
</a>--Peter.]<br><br>
<br>
108TH CONGRESS<br>
1ST SESSION<br>
 <b>H. R. _____<br>
 <br>
</b>To amend title 17, United States Code, to exclude from copyright
protection works resulting from scientific research substantially funded
by the Federal Government.<br><br>
IN THE HOUSE OF REPRESENTATIVES<br><br>
Mr. SABO introduced the following bill; which was referred to the
Committee on __________.<br><br>
<b>A BILL<br><br>
</b>To amend title 17, United States Code, to exclude from copyright
protection works resulting from scientific research substantially funded
by the Federal Government.<br><br>
1 <i>       Be it enacted by the Senate and
House of Representa-<br>
</i>2 <i>  tives of the United States of America in Congress
assembled,<br>
</i>3 <b>  SECTION 1. SHORT TITLE. <br>
</b>4        This Act may be cited as
the ‘‘Public Access to <br>
5   Science Act’’.<br><br>
[*pg 2]<br><br>
1 <b>  SEC. 2. FINDINGS. <br>
</b>2   The Congress finds that— <br>
3        (1) the United States
Government funds basic <br>
4   research with the intention and the belief that the <br>
5   new ideas and discoveries that result from the re- <br>
6   search will improve the lives and welfare of the peo-
<br>
7   ple of the United States and around the world; <br>
8        (2) works of the United
States Government are <br>
9   beyond the reach of copyright protection so that they
<br>
10   will be freely available for the benefit of the people
<br>
11   of the United States; <br>
12        (3) the United States
Government spends <br>
13   $45,000,000,000 a year to support scientific and <br>
14   medical research whose product is new knowledge <br>
15   for the public benefit; <br>
16        (4) the Internet makes it
possible for this infor- <br>
17   mation to be promptly available not only to every <br>
18   scientist and physician who could use it to further <br>
19   the public good, but to every person with access to <br>
20   the Internet at home, in school, or in a library; and
<br>
21        (5) United States Government
funded research <br>
22   belongs to, and should be freely available to, every
<br>
23   person in United States. <br><br>
[*pg 3]<br><br>
1 <b>  SEC. 3. COPYRIGHT STATUS OF WORKS SUBSTANTIALLY <br>
</b>2 <b>  FUNDED BY THE FEDERAL GOVERNMENT. <br>
</b>3        (a) FUNDING
AGREEMENTS.—Section 105 of title 17, <br>
4   United States Code, is amended— <br>
5          (1) by striking
‘‘Subject to’’ and inserting ‘‘(a) <br>
6   IN GENERALSubject to’’; and <br>
7          (2) by adding at
the end the following: <br>
8        ‘‘(b) FEDERALLY FUNDED
WORKS.— <br>
9          ‘‘(1) IN
GENERAL.—Copyright protection under <br>
10   this title is not available for any work produced pur-
<br>
11   suant to scientific research substantially funded by
<br>
12   the Federal Government to the extent provided in <br>
13   the funding agreement entered into by the relevant <br>
14   Federal agency pursuant to paragraph (2). <br>
15          ‘‘(2) PROVISION
IN FUNDING AGREEMENTS.— <br>
16   Any Federal department or agency that enters into <br>
17   a funding agreement with any person for the per- <br>
18   formance of scientific research substantially funded
<br>
19   by the Federal Government shall include in the <br>
20   agreement a provision that states that copyright pro-
<br>
21   tection under this title is not available for any work
<br>
22   produced pursuant to such research under the agree- <br>
23   ment. <br>
24          ‘‘(3)
REGULATIONS.—Each Federal department <br>
25   or agency that enters into funding agreements to
<br><br>
[*pg 4]<br><br>
1   which paragraph (2) applies shall issue regulations <br>
2   to carry out that paragraph. <br>
3          ‘‘(4)
DEFINITION.—In this subsection, the term <br>
4   ‘funding agreement’ means any contract, grant, or <br>
5   cooperative agreement entered into between any <br>
6   Federal agency and any person for the performance <br>
7   of scientific research funded by the Federal Govern- <br>
8   ment. Such term includes any assignment, substi- <br>
9   tution of parties, or subcontract of any type entered
<br>
10   into for the performance of such research.’’. <br>
11        (b) EFFECTIVE DATE.—The
amendments made by <br>
12   subsection (a) shall apply to any funding agreement (as
<br>
13   defined in section 105(b)(4) of title 17, United States
<br>
14   Code, as added by subsection (a) of this section), entered
<br>
15   into on or after the date of the enactment of this Act.
<br>
16<b>   SEC. 4. SENSE OF CONGRESS. <br>
</b>17        It is the sense of the
Congress that any Federal de- <br>
18   partment or agency that enters into funding agreements
<br>
19   (as defined in section 105(b)(4) of title 17, United
States <br>
20   Code, as added by section 3(a) of this Act) should make
<br>
21   every effort to develop and support mechanisms for mak-
<br>
22   ing the published results of the research conducted pursu-
<br>
23   ant to the agreements freely and easily available to the
<br>
24   scientific community, the private sector, physicians, and
<br>
25   the public. <br><br>
[end]</html>
	
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