ditions determined favorable by the Federal 
agency, including free public access, interoper-
ability, and long-term preservation. 
(c) APPLICATION
OF POLICY.—Each Federal re-
search public access policy shall— 
(1) apply to— 
(A) researchers employed by the Federal 
agency whose works remain in the public do-
main; and 
(B) researchers funded by the Federal 
agency; 
(2) provide that works described under para-
graph (1)(A) shall be— 
(A) marked as being public domain mate-
rial when published; and 
(B) made available at the same time such 
works are made available under subsection 
(b)(4); and 
(3) make effective use of any law or guidance 
relating to the creation and reservation of a Govern-
ment license that provides for the reproduction, pub-
lication, release, or other uses of a final manuscript 
for Federal purposes. 
(d) EXCLUSIONS.—Each Federal research public ac-
cess policy shall not apply to— 
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(1) research progress reports presented at pro-
fessional meetings or conferences; 
(2) laboratory notes, preliminary data analyses, 
notes of the author, phone logs, or other information 
used to produce final manuscripts; 
(3) classified research, research resulting in 
works that generate revenue or royalties for authors 
(such as books) or patentable discoveries, to the ex-
tent necessary to protect a copyright or patent; or 
(4) authors who do not submit their work to a 
journal or works that are rejected by journals. 
(e) PATENT OR COPYRIGHT LAW.—Nothing in this 
Act shall be construed to affect any right under the provi-
sions of title 17 or 35, United States Code. 
(f) REPORT.— 
(1) IN GENERAL.—Not later than October 1 of 
each year, the head of each Federal agency shall 
submit a report on the Federal research public ac-
cess policy of that agency to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives; 
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(C) the Committee on Science and Tech-
nology of the House of Representatives; 
(D) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(E) the Committee on Health, Education, 
Labor, and Pensions of the Senate; and 
(F) any other committee of Congress of 
appropriate jurisdiction. 
(2) CONTENT.—Each report under this sub-
section shall include— 
(A) a statement of the effectiveness of the 
Federal research public access policy in pro-
viding the public with free online access to pa-
pers on research funded by the Federal agency; 
(B) a list of papers published in peer-re-
viewed journals that report on research funded 
by the Federal agency; 
(C) a corresponding list of papers made 
available by the Federal agency as a result of 
the Federal research public access policy; and 
(D) a summary of the periods of time be-
tween public availability of each paper in a 
journal and in the online repository of the Fed-
eral agency. 
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(3) PUBLIC AVAILABILITY.—The Federal agen-
cy shall make the statement under paragraph (2)(A) 
and the lists of papers under subparagraphs (B) and 
(C) of paragraph (2) available to the public by post-
ing such statement and lists on the Web site of the 
Federal agency. 
Æ 
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