Category: Legislation and Government Regulation

The Spanish Congreso de los Diputados has passed the Law on Science, Technology and Innovation, which includes an open access policy.

Here's an excerpt from the bill:

Artículo 37. Difusión en acceso abierto.

1. Los agentes públicos del Sistema Español de Ciencia, Tecnología e Innovación impulsarán el desarrollo de repositorios, propios o compartidos, de acceso abierto a las publicaciones de su personal de investigación, y establecerán sistemas que permitan conectarlos con iniciativas similares de ámbito nacional e internacional.
2. El personal de investigación cuya actividad investigadora esté financiada mayoritariamente con fondos de los Presupuestos Generales del Estado hará pública una versión digital de la versión final de los contenidos que le hayan sido aceptados para publicación en publicaciones de investigación seriadas o periódicas, tan pronto como resulte posible, pero no más tarde de doce meses después de la fecha oficial de publicación.
3. La versión electrónica se hará pública en repositorios de acceso abierto reconocidos en el campo de conocimiento en el que se ha desarrollado la investigación, o en repositorios institucionales de acceso abierto.
4. La versión electrónica pública podrá ser empleada por las Administraciones Públicas en sus procesos de evaluación.
5. El Ministerio de Ciencia e Innovación facilitará el acceso centralizado a los repositorios, y su conexión con iniciativas similares nacionales e internacionales.
6. Lo anterior se entiende sin perjuicio de los acuerdos en virtud de los cuales se hayan podido atribuir o transferir a terceros los derechos sobre las publicaciones, y no será de aplicación cuando los derechos sobre los resultados de la actividad de investigación, desarrollo e innovación sean susceptibles de protección.

Here's the Google Translate version:

Article 37. Open access dissemination.

1. The public agents of the Spanish Science, Technology and Innovation will drive the development repositories, own or shared access open to the publications of its research staff, and establish systems to connect with similar initiatives at national and international.
2. The research staff whose activity research is financed mainly with funds from the State Budget will released a digital version of the final version of contents which have been accepted for publication serial research publications or periodicals, as soon as practicable, but no more later than twelve months after the official date publication.
3. The electronic version will be published in repositories open access recognized in the field knowledge which has developed research or open access institutional repositories.
4. The public electronic version can be used by the government in its processes evaluation.
5. The Ministry of Science and Innovation will facilitate centralized access to repositories, and their connection with similar national and international initiatives.
6. This is without prejudice to agreements under which they have attributed or transferred to third parties rights publications and do not apply when the rights to results of research activities, development and eligible for protection innovation.

Read more about it at "The Congress of Deputies Gives Green Light to Science Act" (in Spanish), "Spain Passes New Science Law," and "Spanish Congress Passes the Law on Science, Technology and Innovation with Open Access Mandate."

| Digital Scholarship | Digital Scholarship Publications Overview | Transforming Scholarly Publishing through Open Access: A Bibliography |

The Alliance for Taxpayer Access has issued a call to action for the Federal Research Public Access Act (FRPAA).

Here's an excerpt from the announcement:

All supporters of public access – universities and colleges, researchers, libraries, campus administrators, patient advocates, publishers, consumers, individuals, and others – are asked to ACT NOW to support The Federal Research Public Access Act (FRPAA). See below for actions you can take.

Now before both the House of Representatives and the Senate, FRPAA would require those agencies with annual extramural research budgets of $100 million or more to provide the public with online access to research manuscripts stemming from such funding no later than six months after publication in a peer-reviewed journal. The bill gives individual agencies flexibility in choosing the location of the digital repository to house this content, as long as the repositories meet conditions for interoperability and public accessibility, and have provisions for long-term archiving.

The bill specifically covers unclassified research funded by agencies including: 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.

FRPAA reflects the growing trend among funding agencies – and college and university campuses – to leverage their investment in the conduct of research by maximizing the dissemination of results.  It follows the successful path forged by the NIH’s Public Access Policy, as well as by private funders like the Wellcome Trust and campuses such as Harvard, MIT, and the University of Kansas. The bill also reflects the Administration’s recent expression of interest in the potential implementation of public access policies across U.S. science and technology agencies – as indicated by the call for public comment issued by the Office of Science and Technology Policy, which closed in January.

Detailed information about the Federal Research Public Access Act is available at http://www.taxpayeraccess.org/frpaa.

Here’s how you can help support this legislation:

1. Send thanks to the Bill’s sponsors, also through the ATA Action Center.
2. Ask your representatives in Congress to co-sponsor H.R.5037 or S.1373. Act now through the ATA Legislative Action Center.
3. Express your organization’s support to Congress for public access to taxpayer-funded research and for this bill. Send a copy of your letter to sparc [at] arl [dot] org.
4. Issue a public statement of support from your organization and share it widely with members, colleagues, and the media. Send a copy to sparc [at] arl [dot] org to be featured on the FRPAA Web site.
5. Share news about this bill with friends and colleagues.
6. Post the "I support taxpayer access" banner on your Web site.
7. See the ATA Web site at http://www.taxpayeraccess.org/frpaa for more ways you can support public access to publicly funded research and this bill.

You can use the Legislative Action Center (item 1 above) to oppose H.R.801 (Fair Copyright in Research Works Act), a bill to repeal the NIH public access policy.

The Alliance for Taxpayer Access has issued a call to action to thank Representative Wm. Lacy Clay for holding a Congressional hearing on public access to federally funded research.

Here's an excerpt from the call:

On Thursday, July 29, the Information Policy, Census and National Archives Subcommittee of the House Committee on Government Oversight and Reform held the first-ever Congressional hearing on the issue of public access to federally funded research.  The Subcommittee, chaired by The Honorable Representative Wm. Lacy Clay (D-MO), invited ten witnesses, representing a broad cross-section of the stakeholder communities affected by this issue, to testify on the implications of opening access to the results of publicly funded research.

The open, public hearing was a crucial and timely examination of the issue of public access and its advancement. For full details, including witness testimony, visit http://www.taxpayeraccess.org/issues/access/access_resources/10-0814.shtml.

All supporters of public access to publicly funded research are urged to please write to Chairman Clay to express thanks for taking this important step in Congress. Talking points and contact information are included for your use below. Your action is requested NO LATER THAN SEPTEMBER 17th.

As ever, please send copies of letters to SPARC/Alliance for Taxpayer Access via email to jennifer [at] arl [dot] org.

And thanks, once again, for your continued support for public access! If you have any questions, please don’t hesitate to contact us:

Heather Joseph
Spokesperson
(202) 296-2296 ext. 157
heather [at] arl [dot] org

Jennifer McLennan
Director of Programs and Operations, SPARC
(202) 296-2296 ext. 121
jennifer [at] arl [dot] org
 

---

Talking points:

• On behalf of the [your organization], which represents [number and type of membership], I write to thank you for your leadership in convening the first open hearing on public access to federally funded research. 
• We believe that ensuring timely, barrier-free access to the results of the science and scholarship that our tax dollars underwrite will make possible an unprecedented variety of potential connections and discoveries, and improve the lives and welfare of people in the U.S. and around the world. We fully support policies that can turn this belief into a reality.
• Your hearing was an invaluable and timely examination of the potential benefits of public access to the results of our nation’s $60 billion annual investment in scientific research.
• By ensuring the hearing was inclusive and open, you created a very valuable forum for the diverse range of perspectives on the issue to be represented and explored.
• The direction and nature of your questions also helped to surface key topics of discussion and provide much-needed clarity.
• [detail why public access to research is important to your organization]
• We look forward to working with you to continue to advance successful public access policies in Congress.

[end talking points]

Contact information:

The Honorable Representative Wm. Lacy Clay
Chairman, Information Policy, Census and National Archives Subcommittee
Committee on Oversight and Government Reform
U.S. House of Representatives
2157 Rayburn House Office Building
Washington, D.C. 20515
Via email: anthony.clark [at] mail [dot] house [dot] gov

In "The Open Letter to the Higher Education Community" issued by the Harvard University Provost, the provosts and presidents of 27 major research institutions have indicated their strong support for the Federal Research Public Access Act.

Here's an excerpt:

The United States Congress will have the opportunity to consider the Federal Research Public Access Act (FRPAA). FRPAA would require Federal agencies whose extramural research budgets exceed $100 million to develop policies ensuring open, public access to the research supported by their grants or conducted by their employees. This Bill embodies core ideals shared by higher education, research institutions and their partners everywhere. The Bill builds upon the success of the first U.S. policy for public access to publicly funded research mdash; implemented in 2008 through the National Institutes of Health—and mirrors the intent of campus-based policies for research access that are being adopted by a growing number of public and private institutions across the nation.

We believe that this legislation represents a watershed and provides an opportunity for the entire U.S. higher education and research community to draw upon their traditional partnerships and collaboratively realize the unquestionably good intentions of the Bill’s framers—broadening access to publicly funded research in order to accelerate the advancement of knowledge and maximize the related public good. By ensuring broad and diverse access to taxpayer-funded research the Bill also supports the intuitive and democratic principle that, with reasonable exceptions for issues of national security, the public ought to have access to the results of activities it funds.

The broad dissemination of the results of scholarly inquiry and discourse is essential for higher education to fulfill its long-standing commitment to the advancement and conveyance of knowledge. Indeed, it is mission critical. For the land-grant and publicly funded institutions among us, it addresses the complementary commitment to public service and public access that is included in our charters. In keeping with this mission, we agree with FRPAA’s basic premise that enabling the broadest possible access to new ideas resulting from government-funded research promotes progress, economic growth, and public welfare. Furthermore, we know that, when combined with public policy such as FRPAA proposes, the Internet and digital technology are powerful tools for removing access barriers and enabling new and creative uses of the results of research.

Collectively, our universities engage in billions of dollars of funded research. On average, approximately 50% of our research funding originates with the federal government. That public investment—estimated at over $60.5 billion for the research covered by FRPAA—is complemented by our own institutional investments in research units, laboratories, libraries, and the faculty and staff whose expertise permeates them.

FRPAA has the potential to enable the maximum downstream use of those investments. Many of us are already working on programs and policies to promote greater access to the wealth of research produced by our scholars; we are adopting policies for open access to the research outputs of our institutions; we are building open access digital repositories to collect research, developing advanced publishing channels, and working with our scholarly publishing partners to pursue the broadest possible distribution of scholarship at lowest possible costs. FRPAA will complement these efforts and be a powerful tool in ensuring their success.

Each month the evidence mounts that open access to research through digital distribution increases the use of that research and the visibility of its creators. Widespread public dissemination levels the economic playing field for researchers outside of well-funded universities and research centers and creates more opportunities for innovation. Ease of access and discovery also encourages use by scholars outside traditional disciplinary communities, thus encouraging imaginative and productive scholarly convergence.

Open and public access policies can also match the missions of scholarly societies and publishers who review, edit, and distribute research to serve the advancement of knowledge. Sharing the fruits of research and scholarship inevitably leads to the creation of more research and scholarship, thus highlighting the need for publishing professionals to manage the selection and review of the highest quality research, both publicly and privately funded.

Open and public access to publications in no way negates the need for well-managed and effective peer review or the need for formal publishing. It does, however, challenge us all to think about how best to align the intellectual and economic models for scholarly publishing with the needs of contemporary scholarship and the benefits, including low marginal costs of distribution, of network technology. That challenge is one that many scholarly societies and commercial publishers are already successfully engaging through a variety of business model experiments and partnerships. We believe that FRPAA productively calls for further engagement.

As scholars and university administrators, we are acutely aware that the present system of scholarly communication does not always serve the best interests of our institutions or the general public. Scholarly publishers, academic libraries, university leaders, and scholars themselves must engage in an ongoing dialogue about the means of scholarly production and distribution. This dialogue must acknowledge both our competing interests and our common goals. The passage of FRPAA will be an important step in catalyzing that dialogue, but it is not the last one that we will need to take.

FRPAA is good for education and good for research. It is good for the American public, and it promotes broad, democratic access to knowledge. While it challenges the academy and scholarly publishers to think and act creatively, it need not threaten nor undermine a successful balance of our interests. If passed, we will work with researchers, publishers, and federal agencies to ensure its successful implementation. We endorse FRPAA's aims and urge the academic community, individually and collectively, to voice support for its passage.

Rep. Mike Doyle (D-PA) and a bi-partisan host of co-sponsors (Rep. Rick Boucher, Rep. Gregg Harper, Rep. Dana Rohrabacher, Rep. Debbie Wasserman Schultz, and Rep. Henry A. Waxman) have introduced the Federal Research Public Access Act of 2010 (H.R. 5037) in the U.S. House of Representatives.

Here's an excerpt from the Alliance For Taxpayer Access press release:

The proposed bill would build on the success of the first U.S. mandate for public access to the published results of publicly funded research at the National Institutes of Health (NIH), and require federal agencies with annual extramural research budgets of $100 million or more to provide the public with online access to research manuscripts stemming from funded research no later than six months after publication in a peer-reviewed journal. . . .

Like the Senate bill introduced in 2009 by Senators Lieberman (I-CT) and Cornyn (R-TX), H.R. 5037 would unlock unclassified research funded by agencies including: 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.

H.R. 5037 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, which issued a request for public comment on mechanisms that would leverage federal investments in scientific research and increase access to information that promises to stimulate scientific and technological innovation and competitiveness.

The Alliance For Taxpayer Access issued a call to action regarding the bill. Here's an excerpt:

Here's how you can help support this legislation:

1. Send thanks to the Bill's sponsors, also through the ATA Action Center.
2. Ask your representatives in Congress to co-sponsor H.R.5037 or S.1373. Act now through the ATA Legislative Action Center.
3. Express your organization's support to Congress for public access to taxpayer-funded research and for this bill. Send a copy of your letter to sparc [at] arl [dot] org.
4. Issue a public statement of support from your organization and share it widely with members, colleagues, and the media. Send a copy to sparc [at] arl [dot] org to be featured on the FRPAA Web site.
5. Share news about this bill with friends and colleagues.
6. Post the "I support taxpayer access" banner on your Web site.
7. See the ATA Web site at http://www.taxpayeraccess.org/frpaa for more ways you can support public access to publicly funded research and this bill.

Rep. Frank Kratovil and Rep. Leonard Lance have introduced The Congressional Research Service Electronic Accessibility Act of 2009 (HR 3762).

Here's an excerpt from the press release:

In an effort to make sure the public has access to the same research reports and analysis Members of Congress use to make decisions, Rep. Frank Kratovil today introduced HR 3762, The Congressional Research Service Electronic Accessibility Act of 2009. This bipartisan legislation, introduced with fellow freshman Rep. Leonard Lance (R-NJ), would make published Congressional Research Service (CRS) reports available to the public in an effort to increase transparency and help citizens become more informed and engaged advocates.

"Across the country, citizens are deeply and passionately engaged in debates about the future of our country and the significant challenges we face at home and abroad," said Rep. Kratovil. "As the public debate has become increasingly partisan and polarized, it is more important than ever for citizens to have full access to the same neutral, unbiased information that many of us rely on to help us formulate important decisions."

The lawyers, economists, reference librarians, and social, natural, and physical scientists of CRS offer invaluable research and analysis to Members of Congress on all current and emerging issues of national policy. CRS has a responsibility to ensure that Members of the House and Senate have available the best possible information and analysis on which to base the policy decisions.

CRS is governed by requirements for accuracy, objectivity, balance, and nonpartisanship — the very sort of analysis sought and valued by engaged constituents. As a dedicated congressional support agency, CRS is joined by the Government Accountability Office (GAO) and the Congressional Budget Office (CBO) in providing Congress with information and analysis that is unequaled by any other national legislature. While GAO and CBO reports are already available to the public, CRS reports are not.

"Making taxpayer-funded research available to the American people is good government," said Congressman Leonard Lance (R-NJ). "Our bill will allow for greater transparency and ensure that non-partisan, public policy reports that are prepared with taxpayer funds for members of Congress be available to educators, students, members of the news media and every citizen across the country." "When citizens are engaged and informed, we have a better chance of elevating our national discourse and cutting through the misinformation and spin that threatens progress," said Rep. Kratovil. "We must do everything we can to empower Americans to play an active role in the legislative process."

In "Open Access Bill Stalls in Congress," Bob Grant reports on the status of the Federal Research Public Access Act in the Senate.

Here's an excerpt:

Congressional staffers in the US Senate Homeland Security and Governmental Affairs Committee, where the Federal Research Public Access Act (FRPAA) of 2009 (S.1373) lingers, have been forced to shift their attentions to health care and away from the bill. "They're definitely swamped," Heather Joseph, executive director of the Scholarly Publishing and Academic Resources Coalition, told The Scientist. Joseph added that movement on FRPAA is not expected "until after health care gets sorted out."

You can send an e-mail supporting the bill to your Senator using the Alliance for Taxpayer Access Web form.

Greater Western Library Alliance member universities have sent a letter supporting the Federal Research Public Access Act of 2009 to members of the U.S. Senate.

Here's an excerpt:

Timely, barrier-free access to the results of federally funded research supports the core mission of our academic institutions and is essential to fully utilize our collective investment in science. FRPAA will help us maximize this investment by increasing the sharing research results, advancing the pace of discovery, and applying this knowledge for the benefit of our communities.

The FRPAA bill also expands on the success of the public access policy of the National Institutes of Health (NIH), the first U.S. agency to require public access to taxpayer-funded research. More than 450,000 unique users access material from the NIH repository each day. Under S.1373, we envision researchers and students working in fields of equal importance—from climate change to renewable energy—having the same access to federally funded research to advance their critical work.

This bill is a crucial step in realizing this goal and we look forward to working with you to secure the bill’s passage.

Fifty-seven liberal arts college presidents have issued an open letter expressing "strong support" for the Federal Research Public Access Act of 2009 (S. 1373).

Here's an excerpt:

Liberal arts colleges are important components of our nation's scientific and scholarly productivity. Studies have shown that our institutions are highly effective in producing graduates who go on to obtain Ph.D. degrees and become productive researchers. Our faculty actively pursue research, much of it with government funding, and often working in partnership with talented undergraduates. Unfortunately, access to research information paid for with tax dollars is severely limited at our institutions – and indeed at most universities. Academic libraries simply cannot afford ready access to most of the research literature that their faculty and students need. The Federal Research Public Access Act would be a major step forward in ensuring equitable online access to research literature that is paid for by taxpayers. The federal government funds over $60 billion in research annually. Research supported by the National Institutes of Health, which accounts for approximately one-third of federally funded research, produces an estimated 80,000 peer-reviewed journal articles each year. Given the scope of research literature that would become available online, it is clear that adoption of the bill would have significant benefits for the progress of science and the advancement of knowledge.

S. 1373 would build on a number of established public access policies that have been adopted by government agencies in both the U.S. and abroad. The National Institutes of Health has implemented a very successful comprehensive public access policy, as required by the Consolidated Appropriations Act of 2007. All seven of the Research Councils in the United Kingdom have public access policies as do the Canadian Institutes of Health Research. The bill is also consistent with the growing number of institutional open access policies that have been adopted at universities such as Harvard, MIT, and the University of Kansas.

We are supportive of the Federal Research Public Access Act because it has been crafted in a way that provides ample protection for the system of peer review. It allows for a window of up to six months before final peer-reviewed manuscripts resulting from publicly funded research are made openly accessible on the Internet. In addition, it leaves control of the final published version of articles, which is generally used for citation purposes, in the hands of publishers.

Adoption of the Federal Research Public Access Act will democratize access to research information funded by tax dollars. It will benefit education, research, and the general public. We urge the higher education community, American taxpayers, and members of Congress to support its passage into law.

Read more about it at "Open Letter on Open Access."