; (2) provide that works described under paragraph (1)(A) shall be— (A) marked as being public domain material 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 Government license that provides for the reproduction, publication, release, or other uses of a final manuscript for Federal purposes. (d) Exclusions Each Federal research public access policy shall not apply to— (1) research progress reports presented at professional 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 extent 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 provisions 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 access policy of that agency to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Government Reform of the House of Representatives; (C) the Committee on Science, Space, and Technology 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