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’’.
5
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
8
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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