This bill hasn't been passed into law yet. It was introduced on December 16,
2011 into the U.S. House of Representatives, co-sponsored by Darrell Issa (R-CA)
and Carolyn Maloney (D-NY), and referred to the Committee on Oversight and
Government Reform.

Supporters of public access to the results of publicly funded research need to
speak out against this proposed legislation now. Contact Congress to express
your opposition today, or as soon as possible. For contact information and
details on how to act, see the Alliance for Taxpayer Access Action Center at:
http://www.taxpayeraccess.org/action.

Peter Suber is blogging about this bill at Google+ (see his post and all the
comments) MailScanner has detected a possible fraud attempt from "t.co" claiming
to be http://bit.ly/yNGG2G

Best wishes,
Iryna

Iryna Kuchma
EIFL Open Access Programme Manager
www.eifl.net

On 8 January 2012 19:11, Allen Kleiman <[email protected]> wrote:
      Has this bill been passed into law?

      Has it been challenged in a legal proceeding?



      -----Original Message-----
      From: [email protected]
      [mailto:[email protected]] On Behalf Of Stevan
      Harnad
      Sent: Saturday, January 07, 2012 7:12 PM
      To: Global Open Access List (Successor of AmSci)
      Subject: [BOAI] Research Works Act H.R.3699: The Private Publishing
      Tail
      Trying Again To Wag The Public Research Dog

      ** Cross-Posted **

      Full hyperlinked text:
      http://openaccess.eprints.org/index.php?/archives/867-guid.html

      EXCERPT:

      The US Research Works Act (H.R.3699):
      "No Federal agency may adopt, implement, maintain, continue, or
      otherwise
      engage in any policy, program, or other activity that -- (1) causes,
      permits, or authorizes network dissemination of any private-sector
      research
      work without the prior consent of the publisher of such work; or (2)
      requires that any actual or prospective author, or the employer of
      such an
      actual or prospective author, assent to network dissemination of a
      private-sector research work."

      Translation and Comments:

      "If public tax money is used to fund research, that research becomes
      "private research" once a publisher "adds value" to it by managing
      the peer
      review."

      [Comment: Researchers do the peer review for the publisher for free,
      just as
      researchers give their papers to the publisher for free, together
      with the
      exclusive right to sell subscriptions to it, on-paper and online,
      seeking
      and receiving no fee or royalty in return].

      "Since that public research has thereby been transformed into
      "private
      research," and the publisher's property, the government that funded
      it with
      public tax money should not be allowed to require the funded author
      to make
      it accessible for free online for those users who cannot afford
      subscription
      access."

      [Comment: The author's sole purpose in doing and publishing the
      research,
      without seeking any fee or royalties, is so that all potential users
      can
      access, use and build upon it, in further  research and
      applications, to the
      benefit of the public that funded it; this is also the sole purpose
      for
      which public tax money is used to fund research.]"

      H.R. 3699 misunderstands the secondary, service role that
      peer-reviewed
      research journal publishing plays in US research and development and
      its
      (public) funding..

      Continued at:
      http://openaccess.eprints.org/index.php?/archives/867-guid.html

      Stevan Harnad


      On Fri Jan 6 16:43:10, Jennifer McLennan wrote:

      > Subject: [GOAL] Take Action: Oppose H.R. 3699, a new bill to block
      > public access to publicly funded research
      >
      > A new bill, The Research Works Act (H.R.3699), designed to roll
      back
      > the NIH Public Access Policy and block the development of similar
      > policies at other federal agencies has been introduced into the
      U.S.
      > House of Representatives. Co-sponsored by Darrell Issa
      > (R-CA) and Carolyn Maloney (D-NY), it was introduced on December
      16,
      > 2011, and referred to the Committee on Oversight and Government
      > Reform.
      >
      > Essentially, the bill seeks to prohibit federal agencies from
      > conditioning their grants to require that articles reporting on
      > publicly funded research be made accessible to the public online.
      >
      > The bill text is short and to the point. The main point reads:
      >
      > "No Federal agency may adopt, implement, maintain, continue, or
      > otherwise engage in any policy, program, or other activity that --
      > (1) causes, permits, or authorizes network dissemination of any
      > private-sector research work without the prior consent of the
      > publisher of such work; or (2) requires that any actual or
      prospective
      > author, or the employer of such an actual or prospective author,
      > assent to network dissemination of a private-sector research
      work."
      >
      > Supporters of public access to the results of publicly funded
      research
      > need to speak out against this proposed legislation. Contact
      Congress
      > to express your opposition today, or as soon as possible.
      >
      > For contact information and details on how to act, see the
      Alliance
      > for Taxpayer Access Action Center at:
      http://www.taxpayeraccess.org/action.
      >


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    [ Part 2: "Attached Text" ]

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