Public Access to Public Science Act - Directs each of the covered agencies (the National Aeronautics and Space Administration [NASA], National Science Foundation [NSF], National Institute of Standards and Technology [NIST], and National Weather Service [NWS]) to formulate and implement a public access policy to make covered works publicly available, without charge, on the day after the end of an embargo period.
Defines: (1) "covered work" as any peer-reviewed research results published in scholarly publications, with certain exceptions, that are based on research funded in whole or in part by a covered agency; and (2) "embargo period" as the period of time no more than 12 months after the initial date of publication of a covered work, unless modified.
Specifies that 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; (4) ensure that attribution to authors, journals, and original publishers is maintained; and (5) ensure that publications and metadata are stored in an archive.
Requires a covered agency's public access policy to ensure full public access to covered works' metadata, without charge, upon first publication.
Requires each covered agency, in coordination with specified stakeholders, to provide a mechanism for a stakeholder to petition to change the embargo period for specific covered works by presenting evidence that the public will be substantially and uniquely harmed under the agency's public access policy related to that work.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science, Space, and Technology.
Referred to the Subcommittee on Research and Technology.
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