[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2613 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2613

   To amend title 17, United States Code, to exclude from copyright 
   protection works resulting from scientific research substantially 
                   funded by the Federal Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2003

   Mr. Sabo (for himself, Ms. Kaptur, and Mr. Frost) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 17, United States Code, to exclude from copyright 
   protection works resulting from scientific research substantially 
                   funded by the Federal Government.

    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 ``Public Access to Science Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the United States Government funds basic research with 
        the intention and the belief that the new ideas and discoveries 
        that result from the research will improve the lives and 
        welfare of the people of the United States and around the 
        world;
            (2) works of the United States Government are beyond the 
        reach of copyright protection so that they will be freely 
        available for the benefit of the people of the United States;
            (3) the United States Government spends $45,000,000,000 a 
        year to support scientific and medical research whose product 
        is new knowledge for the public benefit;
            (4) the Internet makes it possible for this information to 
        be promptly available not only to every scientist and physician 
        who could use it to further the public good, but to every 
        person with access to the Internet at home, in school, or in a 
        library; and
            (5) United States Government funded research belongs to, 
        and should be freely available to, every person in the United 
        States.

SEC. 3. COPYRIGHT STATUS OF WORKS SUBSTANTIALLY FUNDED BY THE FEDERAL 
              GOVERNMENT.

    (a) Funding Agreements.--Section 105 of title 17, United States 
Code, is amended--
            (1) by striking ``Copyright'' and inserting ``(a) In 
        General--Copyright''; and
            (2) by adding at the end the following:
    ``(b) Federally Funded Works.--
            ``(1) In general.--Copyright protection under this title is 
        not available for any work produced pursuant to scientific 
        research substantially funded by the Federal Government to the 
        extent provided in the funding agreement entered into by the 
        relevant Federal agency pursuant to paragraph (2).
            ``(2) Provision in funding agreements.--Any Federal 
        department or agency that enters into a funding agreement with 
        any person for the performance of scientific research 
        substantially funded by the Federal Government shall include in 
        the agreement a provision that states that copyright protection 
        under this title is not available for any work produced 
        pursuant to such research under the agreement.
            ``(3) Regulations.--Each Federal department or agency that 
        enters into funding agreements to which paragraph (2) applies 
        shall issue regulations to carry out that paragraph.
            ``(4) Definition.--In this subsection, the term `funding 
        agreement' means any contract, grant, or cooperative agreement 
        entered into between any Federal agency and any person for the 
        performance of scientific research funded by the Federal 
        Government. Such term includes any assignment, substitution of 
        parties, or subcontract of any type entered into for the 
        performance of such research.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to any funding agreement (as defined in section 105(b)(4) of 
title 17, United States Code, as added by subsection (a) of this 
section), entered into on or after the date of the enactment of this 
Act.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of the Congress that any Federal department or 
agency that enters into funding agreements (as defined in section 
105(b)(4) of title 17, United States Code, as added by section 3(a) of 
this Act) should make every effort to develop and support mechanisms 
for making the published results of the research conducted pursuant to 
the agreements freely and easily available to the scientific community, 
the private sector, physicians, and the public.
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