,i #aacth ,,congress #ast ,session ,h4 ,r4 #gjh ,,in ,,the ,,house ,,of ,,representatives ,february #ad1 #bjac ,mr4 ,doyle 7for himself1 ,mr4 ,yoder1 and ,ms4 ,lofgren7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,a ,,bill ,to provide for ,federal agencies to develop public access policies relating to research conducted by employees of that agency or from funds administered by that agency4 #a4 ,short title ,this ,act may be cited as the ,fair ,access to ,science and ,technology ,research ,act of #bjac4 #b4 ,findings ,congress finds that-- 7#a7 the ,federal ,government funds basic and applied research with the expectation that new ideas and discoveries that result from the research1 if shared and effectively disseminated1 will advance science and improve the lives and welfare of people of the ,united ,states and around the world2 7#b7 the ,internet makes it possible for this information to be promptly available to every scientist1 physician1 educator1 and citizen at home1 in school1 or in a library2 and 7#c7 the ,united ,states has a substantial interest in maximizing the impact and utility of the research it funds by enabling a wide range of reuses of the peer-reviewed literature that reports the results of such research1 including by enabling computational analysis by state-of-the-art technologies4 #c4 ,definition of ,federal ,agency ,in this ,act1 the term ,federal agency means an ,executive agency as defined under section #aje of title #e1 ,united ,states ,code4 #d4 ,federal research public access policy 7a7 ,requirement ,to develop policy 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 each ,federal agency with extramural research expenditures of over #ajj1jjj1jjj shall develop a ,federal research public access policy that is consistent with and advances the purposes of the ,federal agency4 7#b7 ,common procedures ,to the extent practicable1 ,federal agencies required to develop a policy under paragraph 7#a7 shall follow common procedures for the collection and depositing of research papers4 7b7 ,content ,each ,federal research public access policy shall provide for-- 7#a7 submission to the ,federal agency of an electronic version of the author's final manuscript of original research papers that have been accepted for publication in peer-reviewed journals and that result from research supported1 in whole or in part1 from funding by the ,federal ,government2 7#b7 the incorporation of all changes resulting from the peer review publication process in the manuscript described under paragraph 7#a72 7#c7 the replacement of the final manuscript with the final published version if-- 7,a7 the publisher consents to the replacement2 and 7,b7 the goals of the ,federal agency for functionality and interoperability are retained2 7#d7 free online public access to such final peer-reviewed manuscripts or published versions as soon as practicable1 but not later than #f months after publication in peer-reviewed journals2 7#e7 providing research papers as described in paragraph 7#d7 in formats and under terms that enable productive reuse1 including computational analysis by state-of-the-art technologies2 7#f7 production of an online bibliography of all research papers that are publicly accessible under the policy1 with each entry linking to the corresponding free online full text2 and 7#g7 long-term preservation of1 and free public access to1 published research findings-- 7,a7 in a stable digital repository maintained by the ,federal agency2 or 7,b7 if consistent with the purposes of the ,federal agency1 in any repository meeting conditions determined favorable by the ,federal agency1 including free public access1 interoperability1 and long-term preservation4 7c7 ,application of policy ,each ,federal research public access policy shall-- 7#a7 apply to-- 7,a7 researchers employed by the ,federal agency whose works remain in the public domain2 and 7,b7 researchers funded by the ,federal agency2 7#b7 provide that works described under paragraph 7#a77;,a7 shall be-- 7,a7 marked as being public domain material when published2 and 7,b7 made available at the same time such works are made available under subsection 7b77#d72 and 7#c7 make effective use of any law or guidance relating to the creation and reservation of a ,government license that provides for the reproduction1 publication1 release1 or other uses of a final manuscript for ,federal purposes4 7d7 ,exclusions ,each ,federal research public access policy shall not apply to-- 7#a7 research progress reports presented at professional meetings or conferences2 7#b7 laboratory notes1 preliminary data analyses1 notes of the author1 phone logs1 or other information used to produce final manuscripts2 7#c7 classified research1 research resulting in works that generate revenue or royalties for authors 7such as books7 or patentable discoveries1 to the extent necessary to protect a copyright or patent2 or 7#d7 authors who do not submit their work to a journal or works that are rejected by journals4 7e7 ,patent or copyright law ,nothing in this ,act shall be construed to affect any right under the provisions of title #ag or #ce1 ,united ,states ,code4 7f7 ,report 7#a7 ,in general ,not later than ,october #a of each year1 the head of each ,federal agency shall submit a report on the ,federal research public access policy of that agency to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7,c7 the ,committee on ,science and ,technology of the ,house of ,representatives2 7,d7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,e7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,f7 any other committee of ,congress of appropriate jurisdiction4 7#b7 ,content ,each report under this subsection shall include-- 7,a7 a statement of the effectiveness of the ,federal research public access policy in providing the public with free online access to papers on research funded by the ,federal agency2 7,b7 the results of a study by the agency of the terms of use applicable to the research papers described in subsection 7b77#d71 including-- 7i7 a statement of whether the terms of use applicable to such research papers are effective in enabling productive reuse and computational analysis by state-of-the-art technologies2 and 7ii7 an examination of whether such research papers should include a royalty-free copyright license that is available to the public and that permits the reuse of those research papers1 on the condition that attribution is given to the author or authors of the research and any others designated by the copyright owner2 7,c7 a list of papers published in peer-reviewed journals that report on research funded by the ,federal agency2 7,d7 a corresponding list of papers made available by the ,federal agency as a result of the ,federal research public access policy2 and 7,e7 a summary of the periods of time between public availability of each paper in a journal and in the online repository of the ,federal agency4 7#c7 ,public ,availability ,the ,federal agency shall make the statement under paragraph 7#b77;,a7 and the lists of papers under subparagraphs 7,b7 and 7,c7 of paragraph 7#b7 available to the public by posting such statement and lists on the website of the ,federal agency4