The Federal Research Public Access Act (FRPAA)

Overview

112th Congress

February 9, 2012
Federal Research Public Access Act (FRPAA) bills are being introduced in the U.S. Senate and U.S. House of Representatives. Additional information is forthcoming.

January 4, 2011
On the eve of the 112th Congress, President Obama signed into law the America COMPETES Reauthorization Act of 2010 (Public Law 111-358). The law enacted two open access-related initiatives.

  • The law establishes a working group to coordinate federal science agency research and policies related to the dissemination and long-term stewardship of the results of federally supported unclassified research.
  • The law requires the Office of Science and Technology Policy (OSTP), in consultation with relevant federal agencies, to develop formal policies for the management and use of federal scientific collections, including policies for the disposal of collections, and to create an online clearinghouse for information on the contents of and access to federal scientific collections.

111th Congress

July 29, 2010
The U.S. House of Representatives Committee on Oversight and Government Reform’s Information Policy, Census and National Archives Subcommittee held a hearing on FRPAA, H.R. 5037.  The fact that this hearing has been scheduled is good news from the library community’s perspective because it provided yet another opportunity to explain why the ALA thinks the public should have no-fee, timely access to federally funded research.  The testimony of the ten witnesses, along with video of the hearing, is available here.  

April 15, 2010
Representatives Doyle (D-PA), Waxman (D-CA), Wasserman-Schultz (D-FL), Harper (R-MS), Boucher (D-VA) and Rohrabacher (R-CA) introduced the Federal Research Public Access Act (H.R. 5037), a bill that would ensure free, timely, online access to the published results of research funded by eleven U.S. federal agencies.  This bi-partisan supported bill mirrors the Senate version (S. 1373) introduced in June 2009.

January 12, 2010
The American Library Association (ALA) and the Association of College and Research Libraries (ACRL) submitted comments to the White House Office of Science and Technology Policy (OSTP) supporting increased public access to research funded by federal science and technology agencies.

110th Congress

September 29, 2009
The ALA Washington Office submitted a letter to members of the Senate Homeland Security & Governmental Affairs Committee, voicing our support for the Federal Research Public Access Act of 2009 (S. 1373).  Specifically, the letter includes the resolution passed by the ALA Council at the 2009 ALA Annual Conference held in Chicago.

June 25, 2009
The much-anticipated bill S. 1373, the Federal Research Public Access Act of 2009, was introduced. Sponsored by Senators Cornyn (R-TX) and Lieberman (I-CT), the bill was referred to the Committee on Homeland Security and Governmental Affairs. According to the bill language, its purpose is, “To provide for Federal agencies to develop public access policies relating to research conducted by employees of that agency or from funds administered by that agency.” 


What does this mean for libraries and the public?
S. 1373/H.R. 5037 requires federal agencies and departments with annual extramural research budgets of over $100 million to make available via the Internet the final manuscript of articles resulting from research funded by U.S. taxpayers (the public). The manuscripts would be maintained and preserved in a digital archive, ensuring the research is available to the public.

Essentially, the bill would advance and expand the National Institutes of Health (NIH) Public Access Policy which requires public access to taxpayer-funded research to an additional 11 agencies. The ability to search and access the archives of non-classified research of these agencies and departments − including the Department of Agriculture, Department of Commerce, Department of Defense, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Environmental Protection Agency, National Aeronautics and Space Administration and the National Science Foundation − would provide open online access to research. Undoubtedly, such an archive would allow librarians the ability to better assist library patrons with their information and research needs as well as allow direct access by the public.

Without the passage of S. 1373/H.R. 5037, taxpayer-funded research will continue to be inaccessible (without a fee) to those already funding it – the public.

Message:The ALA strongly supports S. 1373 and H.R. 5037 and encourages members of the Congress to demonstrate their support by co-sponsoring the appropriate bill.  

Advocacy and Legislative History

Advocacy
The ALA has joined with Scholarly Publishing & Academic Resources Coalition (SPARC) and the Alliance for Taxpayer Access (ATA), (for which ALA is a member) to advocate on behalf of legislation that calls for expanding public access to federally funded research.

Looking ahead, at the point at which there is bill activity, ALA will communicate with its members to initiate additional, appropriately targeted advocacy activity.

Legislative History
In the 109th Congress the “Federal Research Public Access Act of 2006” ( S. 2695) was introduced and sponsored by Senators Cornyn (R-TX), Sessions (R-AL) and Lieberman (D-CT).  The Committee on Homeland Security and Governmental Affairs referred the bill to the Subcommittee on Federal Financial Management, Government Information and International Security.  No additional action occurred and the bill died.

Additional Information on S. 1371

Background
Every year, the federal government funds over sixty billion dollars in basic and applied research. Most of this funding is concentrated within 11 departments/agencies (e.g., National Institutes of Health (NIH), National Science Foundation (NSF), Department of Energy). The research results typically are reported in articles published in a wide variety of academic journals. From NIH funding alone, it is estimated that about 80,000 papers are published each year.
Because U.S. taxpayers underwrite this research, they have a right to expect that its dissemination and use will be maximized, and that they themselves will have access to it. If this information is shared with all potential users, it will advance science and improve the lives and welfare of people of the United States and the world. This is an achievable goal – today. The Internet has revolutionized information sharing and has made it possible to make the latest advances promptly available to every scientist, physician, educator, and citizen at their homes, schools, or libraries.

What this legislation will do:
Every federal agency and department with an annual extramural research budget of $100 million or more will implement a public access policy that is consistent with and advances the federal purpose of the respective agency. Each agency must:

  • Require each researcher – funded totally or partially by the agency – to submit to the agency an electronic copy of the final manuscript that has been accepted for publication in a peer-reviewed journal.
  • Ensure that the manuscript is preserved in a stable digital repository maintained by that agency or in another suitable repository that permits free public access, interoperability, and long-term preservation.
  • Require that free, online access to each taxpayer-funded manuscript be available as soon as possible, and no later than six months after the manuscript has been published in a peer-reviewed journal.

To whom this policy applies:

  • Any researcher employed by a federal agency with an annual research budget exceeding $100 million who publishes a manuscript based on the work done for the funding agency in a peer-reviewed journal.
  • Any researcher funded by a federal agency with an annual research budget exceeding $100 million who publishes a manuscript based on the funded research in a peer-reviewed journal.

What is not covered by this legislation:

  • The public access policy does not apply to laboratory notes, preliminary data analyses, author notes, phone logs, or other information used to produce the final manuscript.
  • The policy does not apply to classified research. Research that results in works that generate revenue or royalties for the author (such as books), or patentable discoveries are exempt only to the extent necessary to protect copyright or a patent.

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