Federal Research Public Access Act of 2009 (S.1373)
(2009 version) The bipartisan Federal Research Public Access Act, introduced on June 25, 2009
by Senators Joseph Lieberman (D-CT) and John Cornyn (R-TX), would require that
11 U.S. government agencies with annual extramural research expenditures over
$100 million make manuscripts of journal articles stemming from research
funded by that agency publicly available via the Internet. The manuscripts
will be maintained and preserved in a digital archive maintained by the agency
or in another suitable repository that permits free public access,
interoperability, and long-term preservation. Each manuscript will be freely
available to users without charge within six months after it has been
published in a peer-reviewed journal.
(2006 version) Proposed Mandate (Summary from Peter Suber's Open Access News):
On 2 May 2006 US Senators John Cornyn (R-TX) and Joe Lieberman (D-CT)
introduced the Federal Research Public Access Act of 2006 (FRPAA) in the US
FRPAA will mandate OA and limit embargoes to six months. It will not be
limited to medical research and will not mandate deposit in a central
repository. It will apply to all federal funding agencies above a certain
size. It instructs each agency to develop its own policy, under certain
guidelines laid down in the bill.
FRPAA applies to all federal funding agencies that spend more than $100
million/year on research grants to non-employees ("extramural" research)
(Section 4.a). At the moment, 11 agencies fall into this category: the
Environmental Protection Agency (EPA), National Aeronautics and Space
Administration (NASA), National Science Foundation (NSF), and the
cabinet-level Departments of Agriculture, Commerce, Defense, Education,
Energy, Health and Human Services, Homeland Security, and Transportation.
Agencies will have one year from the adoption of the bill to develop their OA
Agencies may host their own OA repositories (4.b.6.A), the way NIH hosts
PubMed Central, or they may ask grantees to deposit their work in any OA
repository meeting the agency's conditions of open access, interoperability,
and long-term preservation (4.b.6.B).
FRPAA applies to the final version of the author's peer-reviewed manuscript
(4.b.1), which must incorporate all changes introduced by the peer-review
process (4.b.2). Publishers will have the option to replace the author's
manuscript with the final published version (4.b.3.A)...
FRPAA applies to manuscripts arising from "research supported, in whole or in
part from funding by the Federal Government" (4.b.1). Hence it applies to
projects with multiple sources of funding, provided that at least one is
covered by FRPAA. It applies to manuscripts with multiple authors, provided
that at least one is covered by FRPAA.
Agencies must insure free online access to these manuscripts "as soon as
practicable, but not later than 6 months after publication in peer-reviewed
Agency policies must apply to agency employees as well as agency grantees
(4.c.1). In the former case, the resulting articles will be in the public
domain from birth, labelled as such, and released to the public immediately
upon publication (4.c.2).