The TRAIN Act grants rightsholders the ability to petition courts to subpoena developers to release generative AI training data. The CLEAR Act would require generative AI developers to disclose, available via a Copyright Office database, detailed summaries of the copyrighted works used during training for all publicly accessible models.

STM CEO Caroline Sutton provided supportive quotes regarding the goals of both of these bills, and will be working with the bills’ sponsors on details if they move forward in the legislative process.

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Read the consultation here.

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On the positive side, the new Guide explicitly allows payment of APCs, referred to as “special fees for the purpose of making published versions of record (VORs) publicly accessible.” The Guide also includes language reaffirming that copyright belongs to the author and encourages — but does not require — the use of permissive reuse licenses for publications.

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Of particular interest to STM members, NSF proposes to measure success of the first objective — “Uphold tenets of Gold Standard Science while enabling groundbreaking research and innovation” — by tracking the number of resources deposited in public access repositories.

STM provided comments, which were required to be submitted via an online form within two weeks, noting that publishers are key partners in achieving NSF’s objectives. STM emphasized that Gold Standard Science hinges on publishers’ investments and that inflexible and unfunded public access policies risk undermining NSF’s goals. STM also noted that measures of success should be broader.

Read STM’s full submission here.

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Funding for NIH was increased slightly (~1%), while DOD’s basic research budget was cut by about 5%, and applied research increased by 15%.

The bill directly reaffirms Congress’ intent that indirect cost rates at NIH remain at previously negotiated levels and directs NIH to explore the FAIR model for funding indirect costs, though not before 2027.

It also indirectly endorses Senate Labor–Health and Human Services report language (see STM’s previous comments to NIH here) supporting NIH’s efforts to “address rising APCs,” while directing NIH to work with the scientific community on the details of “an APC allowable charge limit.”

Delve deeper via the Joint Explanatory Statement (p 41), the Senate report (p 149), the full bill itself, and/or AAAS’ analysis of the budgets.

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STM has learned that the current Administration has expressed concerns about the Nelson memo and is reviewing potential options.

It is worth recalling that the Commerce, Justice, and Science bills passed by both the House and the Senate this summer also included provisions raising concerns about the implementation costs of the Nelson memo, as well as its potential impact on copyright and researcher choice.

STM continues to engage with policymakers on these issues and will keep members informed as developments unfold.

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Some agencies, including NSF, have paused awarding new grants pending final passage of the bill. Once it’s signed by the President, funding is expected to resume, allowing grants to start flowing again.

Looking ahead, Congress must now tackle more contentious funding bills, including those for NIH (as part of the Labor-HHS bill) and the Department of Homeland Security (which includes immigration enforcement). Without new legislation, funding for these agencies will expire at the end of the month. The Labor-HHS bill also includes report language concerning NIH’s proposed publication expense cap policy.

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