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Thursday, January 26, 2012

Research Works Act

Why do Congresspeople use such inept rhetorical strategies?

I

112
TH CONGRESS

1
ST SESSION H. R. 3699

To ensure the continued publication and integrity of peer-reviewed research

works by the private sector.

IN THE HOUSE OF REPRESENTATIVES

D
ECEMBER 16, 2011

Mr. Issa (for himself and Mrs. MALONEY) introduced the following bill; which

was referred to the Committee on Oversight and Government Reform

A BILL

To ensure the continued publication and integrity of peerreviewed

research works by the private sector.

1
Be it enacted by the Senate and House of Representa2

tives of the United States of America in Congress assembled,

3
SECTION 1. SHORT TITLE.

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This Act may be cited as the ‘‘Research Works Act’’.

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SEC. 2. LIMITATION ON FEDERAL AGENCY ACTION.

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No Federal agency may adopt, implement, maintain,

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continue, or otherwise engage in any policy, program, or

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other activity that—

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(1) causes, permits, or authorizes network dis10

semination of any private-sector research work with-

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HR 3699 IH

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out the prior consent of the publisher of such work;

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or

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(2) requires that any actual or prospective au4

thor, or the employer of such an actual or prospec
5

tive author, assent to network dissemination of a

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private-sector research work.

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SEC. 3. DEFINITIONS.

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In this Act:

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(1) AUTHOR.—The term ‘‘author’’ means a per10

son who writes a private-sector research work. Such

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term does not include an officer or employee of the

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United States Government acting in the regular

13
course of his or her duties.

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(2) NETWORK DISSEMINATION.—The term

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‘‘network dissemination’’ means distributing, making

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available, or otherwise offering or disseminating a

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private-sector research work through the Internet or

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by a closed, limited, or other digital or electronic

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network or arrangement.

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(3) PRIVATE-SECTOR RESEARCH WORK.—The

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term ‘‘private-sector research work’’ means an arti22

cle intended to be published in a scholarly or sci
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entific publication, or any version of such an article,

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that is not a work of the United States Government

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(as defined in section 101 of title 17, United States

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HR 3699 IH

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Code), describing or interpreting research funded in

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whole or in part by a Federal agency and to which

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a commercial or nonprofit publisher has made or has

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entered into an arrangement to make a value-added

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contribution, including peer review or editing. Such

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term does not include progress reports or raw data

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outputs routinely required to be created for and sub8

mitted directly to a funding agency in the course of

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research.

Æ

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