I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Access to 

5 Science Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds that—

8 (1) the United States Government funds basic 

9 research with the intention and the belief that the 
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1 new ideas and discoveries that result from the re2 search will improve the lives and welfare of the peo3 ple of the United States and around the world; 

4 (2) works of the United States Government are 

5 beyond the reach of copyright protection so that they 

6 will be freely available for the benefit of the people 

7 of the United States; 

8 (3) the United States Government spends 

9 $45,000,000,000 a year to support scientific and 

10 medical research whose product is new knowledge 

11 for the public benefit; 

12 (4) the Internet makes it possible for this infor13 mation to be promptly available not only to every 

14 scientist and physician who could use it to further 

15 the public good, but to every person with access to 

16 the Internet at home, in school, or in a library; and 

17 (5) United States Government funded research 

18 belongs to, and should be freely available to, every 

19 person in the United States. 

20 SEC. 3. COPYRIGHT STATUS OF WORKS SUBSTANTIALLY 

21 FUNDED BY THE FEDERAL GOVERNMENT. 

22 (a) FUNDING AGREEMENTS.—Section 105 of title 17, 

23 United States Code, is amended—

24 (1) by striking ‘‘Copyright’’ and inserting ‘‘(a) 

25 IN GENERAL—Copyright’’; and 
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1 (2) by adding at the end the following: 

2 ‘‘(b) FEDERALLY FUNDED WORKS.—

3 ‘‘(1) IN GENERAL.—Copyright protection under 

4 this title is not available for any work produced pur5 suant to scientific research substantially funded by 

6 the Federal Government to the extent provided in 

7 the funding agreement entered into by the relevant 

8 Federal agency pursuant to paragraph (2). 

9 ‘‘(2) PROVISION IN FUNDING AGREEMENTS.—

10 Any Federal department or agency that enters into 

11 a funding agreement with any person for the per12 formance of scientific research substantially funded 

13 by the Federal Government shall include in the 

14 agreement a provision that states that copyright pro15 tection under this title is not available for any work 

16 produced pursuant to such research under the agree17 ment. 

18 ‘‘(3) REGULATIONS.—Each Federal department 

19 or agency that enters into funding agreements to 

20 which paragraph (2) applies shall issue regulations 

21 to carry out that paragraph. 

22 ‘‘(4) DEFINITION.—In this subsection, the term 

23 ‘funding agreement’ means any contract, grant, or 

24 cooperative agreement entered into between any 

25 Federal agency and any person for the performance 
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1 of scientific research funded by the Federal Govern2 ment. Such term includes any assignment, substi3 tution of parties, or subcontract of any type entered 

4 into for the performance of such research.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall apply to any funding agreement (as 

7 defined in section 105(b)(4) of title 17, United States 

8 Code, as added by subsection (a) of this section), entered 

9 into on or after the date of the enactment of this Act. 

10 SEC. 4. SENSE OF CONGRESS. 

11 It is the sense of the Congress that any Federal de12 partment or agency that enters into funding agreements 

13 (as defined in section 105(b)(4) of title 17, United States 

14 Code, as added by section 3(a) of this Act) should make 

15 every effort to develop and support mechanisms for mak16 ing the published results of the research conducted pursu17 ant to the agreements freely and easily available to the 

18 scientific community, the private sector, physicians, and 

19 the public.

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