[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3157 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3157

 To ensure public access to published materials concerning scientific 
research and development activities funded by Federal science agencies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2013

Mr. Sensenbrenner (for himself and Ms. Eddie Bernice Johnson of Texas) 
 introduced the following bill; which was referred to the Committee on 
                     Science, Space, and Technology

_______________________________________________________________________

                                 A BILL


 
 To ensure public access to published materials concerning scientific 
research and development activities funded by Federal science agencies.

    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 Public Science 
Act''.

SEC. 2. PUBLIC ACCESS POLICY.

    (a) In General.--Each covered agency shall formulate and implement 
a public access policy to make covered works publicly available, 
without charge, on the day after the end of the embargo period, in a 
manner consistent with copyright law.
    (b) Specifications.--The public access policy shall--
            (1) allow the public to read, download, and analyze by 
        machine covered works in digital form;
            (2) facilitate easy public search of, analysis of, and 
        access to covered works;
            (3) encourage public-private collaboration to--
                    (A) maximize the potential for interoperability 
                between public and private platforms;
                    (B) avoid unnecessary duplication of existing 
                mechanisms; and
                    (C) maximize the impact of the covered agency's 
                research investment;
            (4) ensure that attribution to authors, journals, and 
        original publishers is maintained; and
            (5) ensure that publications and metadata are stored in an 
        archive that--
                    (A) provides for long-term preservation and access 
                to full content of the covered work without charge, 
                where appropriate, and balancing cost and public value;
                    (B) uses a standard, widely available, and, to the 
                extent possible, nonproprietary archival format for 
                text and associated content, including images, video, 
                and supporting data;
                    (C) provides access for persons with disabilities 
                consistent with section 508 of the Rehabilitation Act 
                of 1973 (29 U.S.C. 794d); and
                    (D) enables integration and interoperability with 
                other public access repositories.
    (c) Metadata.--Notwithstanding subsection (a), a covered agency's 
public access policy shall ensure full public access to covered works' 
metadata without charge upon first publication in a data format that 
ensures interoperability with current and anticipated future search 
technology. Where possible, the metadata shall provide a link to the 
location where the full text and associated supplemental materials will 
be made available at the end of the applicable embargo period.

SEC. 3. FORMULATION OF A PUBLIC ACCESS POLICY.

    (a) In General.--Each public access policy shall include--
            (1) a strategy for enabling the public to electronically 
        locate and access publications resulting from federally funded 
        scientific research;
            (2) a strategy for maintaining a repository or 
        repositories, either within the covered agency or through an 
        arrangement with another Federal agency or agencies or through 
        an arrangement with a public or private entity, if consistent 
        with the purposes of this Act, including free public access in 
        perpetuity, interoperability, and long-term preservation, so 
        long as the covered agency maintains an active Web link to the 
        repository or repositories for public access;
            (3) a strategy for incorporating existing covered works 
        into the repository or repositories required under paragraph 
        (2) to the extent practicable;
            (4) a strategy for notifying research funding recipients of 
        their obligations under this Act; and
            (5) a strategy for taking into account different funding 
        models for scholarly publishing, including author-pays fees, in 
        the covered agency's grant and other funding mechanisms.
    (b) Coordination With Stakeholders.--In developing its public 
access policy, the covered agency shall use a transparent process for 
soliciting views from stakeholders, including federally funded 
researchers, institutions of higher education, libraries, publishers, 
users of federally funded research results, and civil society groups.
    (c) Coordination With Other Federal Agencies.--In developing its 
public access policy, the covered agency shall collaborate and 
coordinate with other Federal agencies to maximize the consistency and 
compatibility of public access across the Federal Government.
    (d) Report to Congress.--Not later than 6 months after the date of 
enactment of this Act, each covered agency shall transmit a report, 
containing its public access policy and the mechanism described in 
section 6, to the Committee on Science, Space, and Technology of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.

SEC. 4. IMPLEMENTATION OF PUBLIC ACCESS POLICY.

    (a) In General.--Not later than 1 year after the transmission of 
the report required under section 3(d), each covered agency shall 
implement its public access policy.
    (b) Input.--The implementation of such policy, including the 
mechanism described in section 6, shall consider input provided by 
relevant stakeholders and other Federal agencies.
    (c) Savings Provision.--Nothing in this Act shall affect the 
application of United States copyright law.

SEC. 5. PERIODIC REVIEW.

    (a) In General.--At least once every 5 years, each covered agency 
shall revise, as necessary, its public access policy, including the 
mechanism described in section 6.
    (b) Report to Congress.--Each covered agency shall transmit a 
report containing its public access policy and the mechanism described 
in section 6, as revised under subsection (a), to the Committee on 
Science, Space, and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate not 
later than 30 days after completing such revision.

SEC. 6. MECHANISM FOR MODIFICATION OF EMBARGO PERIOD.

    Each covered agency, in coordination with the stakeholders 
described in section 3(b), shall provide a mechanism for a stakeholder 
to petition to change the embargo period under this section for 
specific covered works by presenting evidence that the public interest 
will be substantially and uniquely harmed under a covered agency's 
public access policy related to such work. If a covered agency 
determines that the public interest will be substantially and uniquely 
harmed upon reviewing the petition, the covered agency may change the 
embargo period by no more than 6 months at a time from its current 
embargo period.

SEC. 7. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``covered agency'' means--
                    (A) the National Aeronautics and Space 
                Administration;
                    (B) the National Science Foundation;
                    (C) the National Institute of Standards and 
                Technology; and
                    (D) the National Weather Service.
            (2) the term ``covered work'' means any peer-reviewed 
        research results published in scholarly publications that are 
        based on research funded in whole or in part by a covered 
        agency, but such term does not include--
                    (A) research progress reports presented at 
                professional meetings or conferences;
                    (B) laboratory notes, preliminary data analyses, 
                notes of the author, phone logs, or other information 
                used to produce final manuscripts;
                    (C) classified research; or
                    (D) work not submitted to a peer-reviewed 
                publication or work that is rejected by a peer-reviewed 
                publication; and
            (3) the term ``embargo period'' means the period of time no 
        more than 12 months after the initial date of publication of a 
        covered work, unless modified under section 6.
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