Sabo Bill: full text of Sabo

[Ann Okerson <aokerson@pantheon.yale.edu>]

The bill is very brief, reproduced here below.  The Moderators

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108th Congress
1st Session
House Resolution 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 

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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.

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 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
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 information 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 pursuant 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 performance
of scientific research substantially funded by the Federal Government
shall include in the agreement a provision that states that copyright
protection under this title is not available for any work produced
pursuant to such research under the agreement.

`(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 Government. Such term includes any assignment,
substitution 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 department 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 making the published
results of the research conducted pursuant to the agreements freely and
easily available to the scientific community, the private sector,
physicians, and the public.

--end--