Research Works Act
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The Research Works Act, 102 H.R. 3699, was a
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
that was introduced in the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
at the
112th United States Congress The 112th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2011, until January 3, 2013. It convened in Washington, D.C. on January 3, 2011, and ended on January 3, 2013, 17 ...
on December 16, 2011, by Representative
Darrell Issa Darrell Edward Issa ( ; born November 1, 1953) is an American businessman and politician who has served as the U.S. representative for California's 50th congressional district since 2021. A member of the Republican Party, he previously served i ...
(R-CA) and co-sponsored by
Carolyn B. Maloney Carolyn Jane Maloney (née Bosher, February 19, 1946) is an American politician serving as the U.S. representative for since 2013, and for from 1993 to 2013. The district includes most of Manhattan's East Side, Astoria and Long Island City ...
(D-NY). The bill contained provisions to prohibit
open-access mandate An open-access mandate is a policy adopted by a research institution, research funder, or government which requires or recommends researchers—usually university faculty or research staff and/or research grant recipients—to make their publishe ...
s for federally funded research and effectively revertTrying to roll back the clock on Open Access
statement by the
American Library Association The American Library Association (ALA) is a nonprofit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with 49,727 members a ...
that "vehemently oppose '' the bill".
the United States' National Institutes of Health Public Access Policy, which requires taxpayer-funded research to be freely accessible online. If enacted, it would have also severely restricted the sharing of
scientific data In the pursuit of knowledge, data (; ) is a collection of discrete Value_(semiotics), values that convey information, describing quantity, qualitative property, quality, fact, statistics, other basic units of meaning, or simply sequences of sy ...
. The bill was referred to the
House Committee on Oversight and Government Reform The Committee on Oversight and Reform is the main investigative committee of the United States House of Representatives. The committee's broad jurisdiction and legislative authority make it one of the most influential and powerful panels in the ...
, of which Issa is the chair. Similar bills were introduced in 2008 and 2009 but have not been enacted since. On February 27, 2012,
Elsevier Elsevier () is a Dutch academic publishing company specializing in scientific, technical, and medical content. Its products include journals such as ''The Lancet'', ''Cell'', the ScienceDirect collection of electronic journals, '' Trends'', th ...
, a major publisher, announced that it was withdrawing support for the Act. Later that day, Issa and Maloney issued a statement saying that they would not push for legislative action on the bill.


Reception

The bill was supported by the
Association of American Publishers The Association of American Publishers (AAP) is the national trade association of the American book publishing industry. AAP lobbies for book, journal, and education publishers in the United States. AAP members include most of the major commercia ...
(AAP) and the
Copyright Alliance The Copyright Alliance is a nonprofit, nonpartisan 501(c)(4) organization representing artistic creators across a broad range of copyright disciplines. The Copyright Alliance's institutional members include more than sixty trade organizations, a ...
. The
Scholarly Publishing and Academic Resources Coalition The Scholarly Publishing and Academic Resources Coalition (SPARC) is an international alliance of academic and research libraries developed by the Association of Research Libraries in 1998 which promotes open access to scholarship. The coalition ...
, the Alliance for Taxpayer Access, the
American Library Association The American Library Association (ALA) is a nonprofit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with 49,727 members a ...
, the
International Society for Computational Biology The International Society for Computational Biology (ISCB) is a scholarly society for researchers in computational biology and bioinformatics. The society was founded in 1997 to provide a stable financial home for the Intelligent Systems for Mole ...
, the
Confederation of Open Access Repositories A confederation (also known as a confederacy or league) is a union of sovereign groups or states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issu ...
and prominent open science and
open access Open access (OA) is a set of principles and a range of practices through which research outputs are distributed online, free of access charges or other barriers. With open access strictly defined (according to the 2001 definition), or libre op ...
advocates criticized the Research Works Act, some of them urging
scholarly societies A learned society (; also learned academy, scholarly society, or academic association) is an organization that exists to promote an academic discipline, profession, or a group of related disciplines such as the arts and science. Membership may ...
to resign from the AAP because of its support for the bill. Several AAP members, including
MIT Press The MIT Press is a university press affiliated with the Massachusetts Institute of Technology (MIT) in Cambridge, Massachusetts (United States). It was established in 1962. History The MIT Press traces its origins back to 1926 when MIT publish ...
,
Rockefeller University Press The Rockefeller University Press (RUP) is a department of The Rockefeller University. Journals Rockefeller University Press publishes three scientific journals: ''Journal of Experimental Medicine'', founded in 1896, '' Journal of General Physiolo ...
,
Nature Publishing Group Nature Portfolio (formerly known as Nature Publishing Group and Nature Research) is a division of the international scientific publishing company Springer Nature that publishes academic journals, magazines, online databases, and services in scien ...
,
American Association for the Advancement of Science The American Association for the Advancement of Science (AAAS) is an American international non-profit organization with the stated goals of promoting cooperation among scientists, defending scientific freedom, encouraging scientific respons ...
stated their opposition to the bill but signaled no intention to leave the association. Other AAP members stated their opposition to the bill as did the
Association of American Universities The Association of American Universities (AAU) is an organization of American research universities devoted to maintaining a strong system of academic research and education. Founded in 1900, it consists of 63 universities in the United States ( ...
(AAU) and the
Association of Public and Land-grant Universities The Association of Public and Land-grant Universities (APLU) is a research, policy, and advocacy organization of public research universities, land-grant institutions, state university systems, and higher education organizations. It has member ca ...
. Several public health groups opposed the bill. Opponents stressed particularly the effects on public availability of biomedical research results, such as those funded by
NIH The National Institutes of Health, commonly referred to as NIH (with each letter pronounced individually), is the primary agency of the United States government responsible for biomedical and public health research. It was founded in the late ...
grants, submitting that under the bill "taxpayers who already paid for the research would have to pay again to read the results". Mike Taylor from the
University of Bristol , mottoeng = earningpromotes one's innate power (from Horace, ''Ode 4.4'') , established = 1595 – Merchant Venturers School1876 – University College, Bristol1909 – received royal charter , type ...
said that the bill's denial of access to scientific research would cause "preventable deaths in developing countries" and "an incalculable loss to science", and said Representatives Issa and Maloney were motivated by multiple donations they had received from the academic publisher
Elsevier Elsevier () is a Dutch academic publishing company specializing in scientific, technical, and medical content. Its products include journals such as ''The Lancet'', ''Cell'', the ScienceDirect collection of electronic journals, '' Trends'', th ...
. An online petition – ''
The Cost of Knowledge The Cost of Knowledge is a protest by academics against the business practices of academic journal publisher Elsevier. Among the reasons for the protests were a call for lower prices for journals and to promote increased open access to informat ...
'' – inspired by
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mathematician and
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Timothy Gowers Sir William Timothy Gowers, (; born 20 November 1963) is a British mathematician. He is Professeur titulaire of the Combinatorics chair at the Collège de France, and director of research at the University of Cambridge and Fellow of Trinity Col ...
to raise awareness of the bill, to call for lower prices for journals and to promote increased open access to information, was signed by more than 10,000 scholars. Signatories vowed to withhold their support from Elsevier journals as editors, reviewers or authors "unless they radically change how they operate". On February 27, 2012, Elsevier announced its withdrawal of support for the bill, citing concerns from journal authors, editors, and reviewers. While participants in the boycott celebrated the dropping of support for the Research Works Act, Elsevier denied that their action was a result of the boycott and stated that they took this action at the request of those researchers who did not participate in the boycott.


Related legislation and executive action

The Research Works Act followed other attempts to challenge institutional open-access mandates in the US. On September 9, 2008, an earlier bill aimed at reversing the NIH's Public Access Policy – the
Fair Copyright in Research Works Act The Fair Copyright in Research Works Act (''BilH.R 801 IH'', also known as the "Conyers Bill") was submitted as a direct response to the National Institutes of Health (NIH) Public Access Policy; intending to reverse it. The bill's alternate na ...
, or Conyers Bill – was introduced as 110 H. R. 6845 in the House of Representatives at the
110th United States Congress The 110th United States Congress was a meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the Presidency of George W. Bush. It was composed of ...
by U.S Representative
John Conyers John James Conyers Jr. (May 16, 1929October 27, 2019) was an American politician of the Democratic Party who served as a U.S. representative from Michigan from 1965 to 2017. The districts he represented always included part of western Detroit. ...
(D-MI), with three cosponsors. It was referred to the
House Committee on the Judiciary The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, a ...
, to which Conyers delivered an introduction on September 10, 2008. After the start of the
111th United States Congress The 111th United States Congress was a meeting of the legislative branch of the United States federal government from January 3, 2009, until January 3, 2011. It began during the last weeks of the George W. Bush administration, with th ...
, Conyers and six-cosponsors reintroduced the bill to the House of Representatives as 111 H. R. 801 on February 3, 2009. It was on the same day referred to the House Committee on the Judiciary and on March 16 to the Subcommittee on Courts and Competition Policy. On the other hand, the Federal Research Public Access Act proposed to expand the open public access mandate to research funded by eleven U.S. federal agencies. Originally introduced to the Senate in 2006 by
John Cornyn John Cornyn III ( ; born February 2, 1952) is an American politician and attorney serving as the senior United States senator from Texas, a seat he has held since 2002. A member of the Republican Party, he served as the Senate majority whip for ...
(R-TX) with two cosponsors, it was reintroduced in 2009 by Lieberman, co-sponsored by Cornyn, and again in 2012. These bills proposed requiring that those eleven agencies with research expenditures over $100 million create online repositories of journal articles of the research completed by that agency and make them publicly available without charge within six months after it has been published in a peer-reviewed journal. On February 22, 2013 the
Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
administration issued a similar policy memorandum, directing Federal agencies with more than $100 million in annual research and development expenditures to develop plans to make research freely available to the public within one year of publication in most cases.White House Issues Public Access Directive
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See also

*
Open-access journal Open access (OA) is a set of principles and a range of practices through which research outputs are distributed online, free of access charges or other barriers. With open access strictly defined (according to the 2001 definition), or libre op ...
*
PubMed Central PubMed Central (PMC) is a free digital repository that archives open access full-text scholarly articles that have been published in biomedical and life sciences journals. As one of the major research databases developed by the National Center f ...


References


External links


H.R. 3699 on Thomas – Library of Congress

H.R. 3699 on GovTrack

Notes on the Research Works Act
from the Harvard Open Access Project {{DEFAULTSORT:Research Works Act Internet access Open access (publishing) United States intellectual property law Proposed legislation of the 112th United States Congress