,,ii #aaeth ,,congress #ast ,session ,s4 #agja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #b1 #bjag ,mr4 ,cornyn 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,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 #bjag4 #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 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 technologies2 7#d7 the ,office of ,science and ,technology ,policy issued a policy memorandum dated ,february #bb1 #bjac1 which established the commitment of the executive branch of the ,federal ,government to ensuring that the direct results of ,federally funded scientific research are made available to and useful for the public1 industry1 and the scientific community2 and 7#e7 the executive branch advises that such public access should be implemented with the fewest constraints possible4 #c4 ,definition of ,federal agency ,in this ,act1 the term ,federal agency means an ,executive agency1 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 annual 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 a digital repository designated or maintained by 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 within a time period that is appropriate for each type of research conducted or sponsored by the ,federal agency1 not later than #ab months after publication in peer-reviewed journals1 preferably sooner1 or as adjusted under established mechanisms2 7#e7 a means1 using established mechanisms for making requests to the applicable ,federal agency1 for members of the public and other stakeholders to request to adjust the period before such a final peer-reviewed manuscript or published version is made publicly available by presenting evidence demonstrating that the period is inconsistent with the objectives of the ,federal research public access policy or the needs of the public1 industry1 or the scientific community2 7#f7 providing research papers as described in paragraph 7#d7 in formats and under terms that enable productive reuse of the research and computational analysis by state-of-the-art technologies2 7#g7 improving the ability of the public to locate and access research papers made accessible under the ,federal research public access policy2 and 7#h7 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 agency 7including free public access71 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 ,,gao ,report ,not later than #c years after the date of enactment of this ,act1 and every #e years thereafter1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that-- 7#a7 includes an analysis of the period between the date on which each paper becomes publicly available in a journal and the date on which the paper is in the online repository of the applicable ,federal agency2 and 7#b7 examines the effectiveness of the ,federal research public access policy in providing the public with free online access to papers on research funded by each ,federal agency required to develop a policy under subsection 7a77#a71 including-- 7,a7 whether the terms of use applicable to such research papers in effect are effective in enabling productive reuse of the research and computational analysis by state-of-the-art technologies2 and 7,b7 examines 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 owner4