Sec. 303. Public access to research articles and data
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Not later than 18 months after the date of enactment of this Act, the National Science and Technology Council shall deliver a plan to Congress containing policies, procedures, and standards for the Federal science agencies to enable archiving and retrieving covered material in digital form for public availability in perpetuity. The plan shall— provide a data-driven justification for the plan, including the embargo periods set under subsections (c)(2)(A) and (e); be developed in a transparent and open manner; indicate what procedures were followed to ensure that this process of developing the plan allowed for the full consideration of all stakeholder concerns; and draw on information developed under section 103 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6623 ).
Such policies, procedures, and standards shall— use existing information technology infrastructure to the extent practicable, including infrastructure of the National Center for Biotechnology Information, the National Center for Atmospheric Research, and the private sector that facilitate public access to covered material; minimize the cost of storing, archiving, and retrieving articles and data; and minimize the burden of providing articles and data archiving, and of retrieving articles and data.
In developing policies, procedures, and standards under paragraph (1), the National Science and Technology Council 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 science society groups. A recipient of a research grant made by a Federal science agency shall make, or enable others on their behalf to make, covered material associated with such grant available consistent with the policies, procedures, and standards established under subsection (a).
In implementing the policies, procedures, and standards established pursuant to subsection (a), each Federal science agency shall provide for— submission of, or linking to, an electronic version of covered material by or on behalf of recipients of research grants made by the agency; free online public access to such covered material— in the case of a research article, consistent with appropriate embargo periods but not later than 24 months after publication of the research article in a peer-reviewed publication; and in the case of data used to support the findings and conclusions of such article, not later than 60 days after the article is published in a peer-reviewed publication; implementation in a manner and format that enables and ensures full-text search, productive use, and long-term preservation; production of an online bibliography of all research papers that are publicly accessible in its repository, with each entry linking to the corresponding free online full text and supporting data; and access to all data that is used directly or indirectly by the agency to support the promulgation of a Federal regulation.
At least once every 5 years, the National Science and Technology Council shall review the policies, procedures, and standards established under subsection
(a)and revise such policies, procedures, and standards as appropriate. Each Federal science agency may extend the time period specified in subsection (c)(2)(A) by 6 to 12 months, in consultation with the stakeholders described in subsection (a)(3), if the agency head, or designee, determines that the scientific field and stakeholders described in subsection (a)(3) will be uniquely harmed without such extension. Except as provided in this section, nothing in this section shall be construed to affect any right under the provisions of title 17 or title 35, United States Code. For purposes of this section: The term covered material means— a manuscript of an article accepted for publication in a peer-reviewed publication that results from research funded by a grant from a Federal science agency; and data that was used to support the findings and conclusions of such article, except for data that is protected from disclosure under section 552 of title 5, United States Code. The term data includes raw data, computer code, and algorithms, but does not include— commercially available software used to analyze the data or code; preliminary work and analyses; drafts of scientific papers not accepted or intended for publication; or plans for future research. The term Federal science agency means— the National Aeronautics and Space Administration; the National Science Foundation; the National Institute of Standards and Technology; and the National Weather Service. The term peer-reviewed publication means a publication for which articles are assigned to at least 1 external reviewer to assess the validity of the articles’ scientific findings and conclusions.
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Sec. 303
Public access to research articles and data
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