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 Fed-
eral 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 re-
search substantially funded by the Federal Government.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Access to 
Science Act’’. 
SEC. 2. FINDINGS. 
The Congress finds that—
(1) the United States Government funds basic 
research with the intention and the belief that the
new ideas and discoveries that result from the re-
search will improve the lives and welfare of the peo-
ple of the United States and around the world; 
(2) works of the United States Government are 
beyond the reach of copyright protection so that they 
will be freely available for the benefit of the people 
of the United States; 
(3) the United States Government spends 
$45,000,000,000 a year to support scientific and 
medical research whose product is new knowledge 
for the public benefit; 
(4) the Internet makes it possible for this infor-
mation to be promptly available not only to every 
scientist and physician who could use it to further 
the public good, but to every person with access to 
the Internet at home, in school, or in a library; and 
(5) United States Government funded research 
belongs to, and should be freely available to, every 
person in the United States. 
SEC. 3. COPYRIGHT STATUS OF WORKS SUBSTANTIALLY 
FUNDED BY THE FEDERAL GOVERNMENT. 
(a) FUNDING AGREEMENTS.—Section 105 of title 17, 
United States Code, is amended—
(1) by striking ‘‘Copyright’’ and inserting ‘‘(a) 
IN GENERAL—Copyright’’; and
(2) by adding at the end the following: 
‘‘(b) FEDERALLY FUNDED WORKS.—
‘‘(1) IN GENERAL.—Copyright protection under 
this title is not available for any work produced pur-
suant to scientific research substantially funded by 
the Federal Government to the extent provided in 
the funding agreement entered into by the relevant 
Federal agency pursuant to paragraph (2). 
‘‘(2) PROVISION IN FUNDING AGREEMENTS.—
Any Federal department or agency that enters into 
a funding agreement with any person for the per-
formance of scientific research substantially funded 
by the Federal Government shall include in the 
agreement a provision that states that copyright pro-
tection under this title is not available for any work 
produced pursuant to such research under the agree-
ment. 
‘‘(3) REGULATIONS.—Each Federal department 
or agency that enters into funding agreements to 
which paragraph (2) applies shall issue regulations 
to carry out that paragraph. 
‘‘(4) DEFINITION.—In this subsection, the term 
‘funding agreement’ means any contract, grant, or 
cooperative agreement entered into between any 
Federal agency and any person for the performance
of scientific research funded by the Federal Govern-
ment. Such term includes any assignment, substi-
tution of parties, or subcontract of any type entered 
into for the performance of such research.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to any funding agreement (as 
defined in section 105(b)(4) of title 17, United States 
Code, as added by subsection (a) of this section), entered 
into on or after the date of the enactment of this Act. 
SEC. 4. SENSE OF CONGRESS. 
It is the sense of the Congress that any Federal de-
partment or agency that enters into funding agreements 
(as defined in section 105(b)(4) of title 17, United States 
Code, as added by section 3(a) of this Act) should make 
every effort to develop and support mechanisms for mak-
ing the published results of the research conducted pursu-
ant to the agreements freely and easily available to the 
scientific community, the private sector, physicians, and 
the public.
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