Bill Text
112th Congress (2011-2012)
H.R.3699.IH
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HR 3699 IH
December 16, 2011
Mr. ISSA (for himself and Mrs. MALONEY) introduced the following bill; which was referred to the Committee on Oversight and Government Reform
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the `Research Works Act'.
SEC. 2. LIMITATION ON FEDERAL AGENCY ACTION.
- 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.
SEC. 3. DEFINITIONS.
- In this Act:
- (1) AUTHOR- The term `author' means a person who writes a private-sector research work. Such term does not include an officer or employee of the United States Government acting in the regular course of his or her duties.
- (2) NETWORK DISSEMINATION- The term `network dissemination' means distributing, making available, or otherwise offering or disseminating a private-sector research work through the Internet or by a closed, limited, or other digital or electronic network or arrangement.
- (3) PRIVATE-SECTOR RESEARCH WORK- The term `private-sector research work' means an article intended to be published in a scholarly or scientific publication, or any version of such an article, that is not a work of the United States Government (as defined in section 101 of title 17, United States Code), describing or interpreting research funded in whole or in part by a Federal agency and to which a commercial or nonprofit publisher has made or has entered into an arrangement to make a value-added contribution, including peer review or editing. Such term does not include progress reports or raw data outputs routinely required to be created for and submitted directly to a funding agency in the course of research.
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