U.S. Congress Moves On Open Public Access Bill

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The U.S. Congress last week formally re-introduced the Federal Research Public Access Act of 2010 (FRPAA) in the U.S. House of Representatives, a bill that would mandate public access to publicly-funded research in the U.S. The bill, modeled after a similar policy put in place by the U.S. National Institutes for Health (NIH) in April, 2008, would require federal agencies with annual extramural research budgets of $100 million or more to provide the public with online access to research manuscripts within six months after publication in a peer-reviewed journal. A Senate version of the bill was introduced in July, 2009.

Movement on the FRPAA sets up something of a copyright battle in Congress, as publishers, who bitterly oppose public access mandates, have pushed a competing bill: the Fair Copyright in Research Works Act (HR 801). Introduced in February, 2009, that bill, would prohibit the federal government from requiring any copyright transfer in connection with receiving federal funding.

First introduced in 2006, FRPAA represents a broader, more aggressive mandate for public access to taxpayer-funded than the NIH's groundbreaking policy, which required NIH grantees to make their resulting research publicly available within a year. The FRPAA would trim that period by half, and would apply to all unclassified research funded by agencies including the Departments of Agriculture, Commerce, Defense, Education, Health and Human Services, Homeland Security, Transportation, Environmental Protection, as well as the National Science Foundation and NASA.

Publishers, however, have vowed to fight, claiming the NIH mandate takes unfair advantage of their efforts, such as editing and peer-review, and diminishes copyright. The AAP calls the bill "unnecessary and ill-considered."

After going nowhere in previous sessions, this time, supporters say, the FRPAA has support. It follows closely on the heels of a recent expression of interest in public access policies from the White House Office of Science and Technology Policy, and syncs with the Obama administration's open government goals.

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