Notes on the Fair Access to Science and Technology Research Act: Difference between revisions

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* Suggested short URL for this page = [http://bit.ly/hoap-fastr bit.ly/hoap-fastr]
* Suggested short URL for this page = [http://bit.ly/hoap-fastr bit.ly/hoap-fastr]
* Also see our [[Notes on the Federal Research Public Access Act]] (FRPAA).
* Also see our [[Notes on the Federal Research Public Access Act]] (FRPAA).
* Also see our [[Notes on the Public Access to Public Science Act]] (PAPS).
* Also see our [[Notes on the Research Works Act]] (RWA).
* Also see our [[Notes on the Research Works Act]] (RWA).


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== FASTR provisions ==
== FASTR provisions ==


* The Fair Access to Science and Technology Research (FASTR) Act is the successor to the [[Notes on the Federal Research Public Access Act|Federal Research Public Access Act]] (FRPAA). FRPAA had been introduced in three earlier sessions of Congress (May 2006, April 2009, and February 2012) but had not come up for a vote. In the 113th Congress, Congressional supporters of OA decided to introduced a modified bill. The result is FASTR, a new and strengthened version of FRPAA. Both bills would require open access (OA) to peer-reviewed manuscripts of articles reporting the results of federally-funded research.
* The Fair Access to Science and Technology Research (FASTR) Act is a bill in the US Congress to require open access to the results of most federally-funded research. It's the successor to the [[Notes on the Federal Research Public Access Act|Federal Research Public Access Act]] (FRPAA). FRPAA had been introduced in three earlier sessions of Congress (May 2006, April 2009, and February 2012) but never came up for a vote. In the 113th Congress, Congressional supporters of OA decided to introduce a modified bill. The result is FASTR, a strengthened version of FRPAA.  
<!-- * See the [http://doyle.house.gov/sites/doyle.house.gov/files/documents/2013%2002%2014%20DOYLE%20FASTR%20FINAL.pdf text of the bill], from the office of Rep. Mike Doyle, one of the co-sponsors in the House. -->


* See the [http://doyle.house.gov/sites/doyle.house.gov/files/documents/2013%2002%2014%20DOYLE%20FASTR%20FINAL.pdf text of the bill], from the office of Rep. Mike Doyle, one of the co-sponsors in the House.
* Comparing FASTR and FRPAA is a good way to show the major provisions of each and why FASTR is stronger than FRPAA. (Section numbers in parentheses refer to FASTR, not FRPAA.)


* Because FRPAA is well-known, we organize this section by comparing FASTR with FRPAA. (Section numbers in parentheses refer to FASTR, not FRPAA.)
* '''How FASTR and FRPAA are alike:'''
 
* '''How FASTR and FRPAA are the same:'''
*# Both cover the same set of agencies, namely, those spending at least $100 million/year to fund extramural research (Section 4.a).
*# Both cover the same set of agencies, namely, those spending at least $100 million/year to fund extramural research (Section 4.a).
*#* This includes 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.
*# Both give agencies one year from the passage of the bill (4.a) to develop their policies in conformity with the guidelines laid down in the bill.
*# Both give agencies one year from the passage of the bill (4.a) to develop their policies in conformity with the guidelines laid down in the bill.
*# Both mandate "public access" (4.a.1, 4.b, 4.f.2.A), "free online public access" (4.b.4), and "free public access" (4.b.7.B, 4.f.2.A) without defining these terms.  
*# Both mandate "public access" (4.a.1, 4.b, 4.f.2.A), "free online public access" (4.b.4), and "free public access" (4.b.7.B, 4.f.2.A) without defining these terms.  
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*# Both give agencies freedom to designate a suitable repository for the mandatory deposits, when suitability includes "free public access, interoperability, and long-term preservation" (4.b.7). Agencies may host their own repositories, the way NIH hosts PubMed Central, or ask grantees to deposit in suitable institutional or disciplinary repositories.
*# Both give agencies freedom to designate a suitable repository for the mandatory deposits, when suitability includes "free public access, interoperability, and long-term preservation" (4.b.7). Agencies may host their own repositories, the way NIH hosts PubMed Central, or ask grantees to deposit in suitable institutional or disciplinary repositories.
*# Both apply to research funded "in whole or in part" (4.b.1) by one of the covered federal agencies.
*# Both apply to research funded "in whole or in part" (4.b.1) by one of the covered federal agencies.
*# Both ask for OA "as soon as practicable" after publication in a peer-reviewed journal, and both require OA "no later than 6 months" after publication (4.b.4). Both require immediate OA (unembargoed OA) for works by government-employed researchers (4.c).
*# Both call for OA "as soon as practicable" after publication in a peer-reviewed journal, and both require OA "no later than 6 months" after publication (4.b.4). Both require immediate OA (unembargoed OA) for works by government-employed researchers (4.c).
*#* Update July 27, 2015. The Johnson-Carper Substitute Amendment would allow embargoes up to 12 months, with a stated preference for shorter embargoes. It would also create a procedure for adjusting an agency's maximum permissible embargo, when the change would serve "the public, industries, and the scientific community." See [https://sparcopen.org/news/2015/fastr-to-be-considered-by-senate-committee/ SPARC's July 27, 2015 description] of the amendment and its political rationale.
*#* Update August 2, 2017. In the 115th Congress, the Senate version of the bill follows the Johnson-Carper amendment from the 114th Congress, and caps embargoes at 12 months, but the House version follows the original version of FASTR and caps embargoes at six months. This is the first time the Senate and House versions of the bill have differed.
*# Both avoid copyright problems by requiring agency policies to "make effective use of any law or guidance relating to the creation and reservation of a Government license that provides for the reproduction, publication, release, or other uses of a final manuscript for Federal purposes" (4.c.3).  
*# Both avoid copyright problems by requiring agency policies to "make effective use of any law or guidance relating to the creation and reservation of a Government license that provides for the reproduction, publication, release, or other uses of a final manuscript for Federal purposes" (4.c.3).  
*# Both exempt classified research, unpublished research, royalty-producing research such as books, and patentable discoveries (4.d.3).
*# Both exempt classified research, unpublished research, royalty-producing research such as books, and patentable discoveries (4.d.3).
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* '''How FASTR and FRPAA differ:'''
* '''How FASTR and FRPAA differ:'''
*# FASTR contains a provision on coordinating agency policies (4.a 2): "To the extent practicable, Federal agencies required to develop a policy...shall follow common procedures for the collection and depositing of research papers." This will reduce the burden on universities that need to comply with procedures at all the covered agencies, and should have no detrimental effect on OA. Indeed, it should improve compliance with agency OA policies.
*# FASTR contains a new provision on coordinating agency policies (4.a.2): "To the extent practicable, Federal agencies required to develop a policy...shall follow common procedures for the collection and depositing of research papers." This will reduce the burden on universities that need to comply with procedures at more than one agency, and should have no detrimental effect on OA. Indeed, it should improve compliance with agency OA policies.
*# FASTR contains three provisions calling for libre OA or open licensing:  
*# FASTR contains three new provisions calling for libre OA or open licensing:  
*#* FASTR includes a new "finding" in its preamble (2.3): "the United States has a substantial interest in maximizing the impact and utility of the researchit funds by enabling a wide range of reuses of the peer-reviewed literature that reports the results of such research, including by enabling computationalanalysis by state-of-the-art technologies."
*#* FASTR includes a new "finding" in its preamble (2.3): "[T]he United States has a substantial interest in maximizing the impact and utility of the research it funds by enabling a wide range of reuses of the peer-reviewed literature that reports the results of such research, including by enabling computational analysis by state-of-the-art technologies."
*#* FASTR includes a formatting and licensing provision (4.b.5): the versions deposited in repositories and made OA shall be distributed "in formats and under terms that enable productive reuse, including computational analysis by state-of-the-art technologies."
*#* FASTR includes a formatting and licensing provision (4.b.5): the versions deposited in repositories and made OA shall be distributed "in formats and under terms that enable productive reuse, including computational analysis by state-of-the-art technologies."
*#* FASTR requires that the annual report from each covered agency include a statement from the agency on "whether the terms of use applicable to such research papers are effective in enabling productive reuse and computational analysis by state-of-the-art technologies" (4.f.2.B.i) and the results of the agency's "examination of whether such research papers should include a royalty-free copyright license that is available to the public and that permits the reuse of those research papers, on the condition that attribution is given to the author or authors of the research and any others designated by the copyright owner" (4.f.2.B.ii).
*#* FASTR requires that the annual report from each covered agency include a statement from the agency on "whether the terms of use applicable to such research papers are effective in enabling productive reuse and computational analysis by state-of-the-art technologies" (4.f.2.B.i) and the results of the agency's "examination of whether such research papers should include a royalty-free copyright license that is available to the public and that permits the reuse of those research papers, on the condition that attribution is given to the author or authors of the research and any others designated by the copyright owner" (4.f.2.B.ii).
* Also see:
** The [https://sparcopen.org/our-work/fastr/faq/ FAQ on the bill] from [https://sparcopen.org/ SPARC], updated to reflect the versions introduced in the 115th Congress
** The [http://wyden.senate.gov/download/?id=93ab22b9-0f28-45ee-b2d7-8c5eb79792b9 summary of the bill] from Sen. Ron Wyden's office (February 2013)
== FASTR in the 115th Congress ==
* '''FASTR in the Senate''' (S. 1701)
** Introduced on August 2, 2017, by [http://cornyn.senate.gov/ John Cornyn] (R-TX) and [http://wyden.senate.gov/ Ron Wyden] (D-OR).
*** New co-sponsor added November 14, 2017: [http://warren.senate.gov/ Elizabeth Warren] (D-MA).
*** Current tally: 3 co-sponsors (1 Republican, 2 Democrats)
** The Senate version caps embargoes at 12 months; the House version caps them at six months.
** Follow the Senate version of FASTR in:
*** [http://hdl.loc.gov/loc.uscongress/legislation.115s1701 Congress.gov]
*** [http://www.govtrack.us/congress/bill.xpd?bill=s115-1701 GovTrack.us]
<!-- *** [http://www.opencongress.org/bill/115-s1701/actions OpenCongress] -->
*** [https://www.popvox.com/us/federal/bills/115/s1701 PopVox]
** The bullets above are for the stand-alone version of FASTR. On October 18, 2017, [https://www.paul.senate.gov/ Rand Paul] (R-KY) [https://www.aip.org/fyi/2017/sen-rand-paul-introduces-bill-overhaul-federal-research-grant-system introduced] the BASIC Research Act (S. 1973), incorporating much of the language of FASTR, and including other provisions unrelated to open access.
*** So far there is no version of the BASIC Research Act in the House.
*** So far there are no co-sponsors for the BASIC Research Act.
*** Follow the Senate version of the BASIC Research Act in:
**** [http://hdl.loc.gov/loc.uscongress/legislation.115s1973 Congress.gov]
**** [http://www.govtrack.us/congress/bill.xpd?bill=s115-1973 GovTrack.us]
**** [https://www.popvox.com/us/federal/bills/115/s1973 PopVox]
* '''FASTR in the House''' (H.R. 3427)
** Introduced on July 26, 2017, by [http://doyle.house.gov/ Mike Doyle] (D-PA), [http://yoder.house.gov/ Kevin Yoder] (R-KS), and [http://lofgren.house.gov/ Zoe Lofgren] (D-CA).
*** New co-sponsor added September 26, 2017: [http://khanna.house.gov/ Ro Khanna] (D-CA)
*** New co-sponsor added November 14, 2017: [http://jordan.house.gov/ Jim Jordan] (R-OH)
*** Current tally: 5 co-sponsors (2 Republicans, 3 Democrats)
** The House version caps embargoes at six months; the Senate version caps them at 12 months.
** Follow the House version of FASTR in:
*** [http://hdl.loc.gov/loc.uscongress/legislation.115hr3427 Congress.gov]
*** [http://www.govtrack.us/congress/bill.xpd?bill=h115-3427 GovTrack.us]
<!-- *** [http://www.opencongress.org/bill/115-h3427/actions OpenCongress] -->
*** [https://www.popvox.com/us/federal/bills/115/hr3427 PopVox]
== FASTR in the 114th Congress ==
* '''FASTR in the Senate''' (S. 779)
** Introduced on March 18, 2015 by [http://cornyn.senate.gov/ John Cornyn] (R-TX) and [http://wyden.senate.gov/ Ron Wyden] (D-OR).
*** New co-sponsors added July 22, 2015: [http://www.markey.senate.gov/ Ed Markey] (D-MA) and [http://www.schatz.senate.gov/ Brian Schatz] (D-HI)
*** New co-sponsor added August 4, 2015: [http://www.ronjohnson.senate.gov/ Ron Johnson] (R-WI)
*** New co-sponsor added December 17, 2015: [http://www.murphy.senate.gov/ Christopher Murphy] (D-CT)
*** Current tally: 6 co-sponsors (2 Republicans, 4 Democrats)
<!--
[http://www.landrieu.senate.gov/ Mary Landrieu] (D-LA)
[http://www.markey.senate.gov/ Edward Markey] (D-MA)
[http://www.blumenthal.senate.gov/ Richard Blumenthal] (D-CT)
-->
** Referred to the [http://www.hsgac.senate.gov/ Senate Committee on Homeland Security and Governmental Affairs]. See the [http://www.congressmerge.com/onlinedb/cgi-bin/newcommittee.cgi?site=congressmerge&lang=&commcode=sgov members and their contact information].
*** '''Approved''' by the committee in a [http://www.sparc.arl.org/news/sparc-applauds-senate-committee-action-on-public-access-legislation unanimous voice vote], July 29, 2015, and sent to the full Senate for consideration.
** Follow the Senate version of FASTR in:
*** [http://hdl.loc.gov/loc.uscongress/legislation.114s779 Congress.gov]
*** [http://www.govtrack.us/congress/bill.xpd?bill=s114-779 GovTrack.us]
*** [http://www.opencongress.org/bill/114-s779/actions OpenCongress]
*** [https://www.popvox.com/bills/us/114/s779 PopVox]
* '''FASTR in the House''' (H.R. 1477) 
** Introduced March 18, 2015 by [http://doyle.house.gov/ Mike Doyle] (D-PA), [http://lofgren.house.gov/ Zoe Lofgren] (D-CA), and [http://yoder.house.gov/ Kevin Yoder] (R-KS).
*** New co-sponsors added April 13, 2015: [http://www.kaptur.house.gov/ Marcy Kaptur] (D-OH) and [http://www.house.gov/mcdermott/ Jim McDermott] (D-WA).
*** New co-sponsor added April 14, 2015: [http://eshoo.house.gov/ Anna Eshoo] (D-CA)
*** New co-sponsor added April 22, 2015: [http://huffman.house.gov Jared Huffman] (D-CA)
*** New co-sponsor added June 23, 2015: [http://pocan.house.gov/ Mark Pocan] (D-WI)
*** New co-sponsor added July 25, 2016: [https://lieu.house.gov/ Ted Lieu] (D-CA)
*** New co-sponsors added November 17, 2016: [https://www.congress.gov/member/john-conyers/C000714 John Conyers Jr.] (D-MI), [https://www.congress.gov/member/jim-jordan/J000289 Jim Jordan] (R-OH), [https://www.congress.gov/member/daniel-kildee/K000380 Daniel Kildee] (D-MI), and [https://www.congress.gov/member/reid-ribble/R000587 Reid Ribble] (R-WI)
*** Current tally: 13 co-sponsors (3 Republicans, 10 Democrats)
<!--
[http://polis.house.gov/ Jared Polis] (D-CO)
[http://bordallo.house.gov/ Delegate Madeleine Bordallo] (D-Guam)
[http://www.louise.house.gov/ Louise Slaughter] (D-NY) 
[http://green.house.gov/ Gene Green] (D-TX)
[http://leeterry.house.gov/ Lee Terry] (R-NE)
[http://payne.house.gov/ Donald Payne, Jr.] (D-NJ) and [http://rush.house.gov/ Bobby Rush] (D-IL)
[http://moran.house.gov/ James Moran] (D-VA)
[http://www.house.gov/capuano/ Michael Capuano] (D-MA)
[http://latham.house.gov/ Tom Latham] (R-IA)
[http://bonamici.house.gov/ Suzanne Bonamici] (D-OR)
[http://norton.house.gov/ Eleanor Holmes Norton] (D-DC)
[http://lujan.house.gov/ Ben Ray Lujan] (D-NM)
[http://ellison.house.gov/ Keith Ellison] (D-MN)
-->
** Referred to the [http://oversight.house.gov/ House Committee on Oversight and Government Reform]. See the [http://www.congressmerge.com/onlinedb/cgi-bin/newcommittee.cgi?site=congressmerge&lang=&commcode=hgovrefrm members and their contact information].
** Follow the House version of FASTR in:
*** [http://hdl.loc.gov/loc.uscongress/legislation.114hr1477 Congress.gov]
*** [http://www.govtrack.us/congress/bill.xpd?bill=h114-1477 GovTrack.us]
*** [http://www.opencongress.org/bill/114-h1477/actions OpenCongress]
*** [https://www.popvox.com/bills/us/114/hr1477 PopVox]


== FASTR in the 113th Congress ==
== FASTR in the 113th Congress ==


* '''FASTR in the Senate''' (S. ____)
* '''FASTR in the Senate''' (S. 350)
** Introduced on February 13, 2013 by [http://cornyn.senate.gov/ John Cornyn] (R-TX) and [http://wyden.senate.gov/ Ron Wyden] (D-OR).
** Introduced on February 13, 2013 by [http://cornyn.senate.gov/ John Cornyn] (R-TX) and [http://wyden.senate.gov/ Ron Wyden] (D-OR).
<!-- *** Follow the Senate version of FRPAA in:
*** New co-sponsor added March 20, 2013: [http://www.landrieu.senate.gov/ Mary Landrieu] (D-LA)
**** [http://www.govtrack.us/congress/bill.xpd?bill=s112-2096 GovTrack.us]
*** New co-sponsor added November 20, 2013: [http://www.markey.senate.gov/ Edward Markey] (D-MA)
**** [http://www.opencongress.org/bill/112-s2096/actions OpenCongress]
*** New co-sponsor added July 8, 2014: [http://www.blumenthal.senate.gov/ Richard Blumenthal] (D-CT)
**** [https://www.popvox.com/bills/us/112/s2096 PopVox]
*** Current tally: 5 co-sponsors (1 Republican, 4 Democrats)
**** [http://hdl.loc.gov/loc.uscongress/legislation.112s2096 THOMAS] -->
** Referred to the [http://www.hsgac.senate.gov/ Senate Committee on Homeland Security and Governmental Affairs]. See the [http://www.congressmerge.com/onlinedb/cgi-bin/newcommittee.cgi?site=congressmerge&lang=&commcode=sgov members and their contact information].
** Follow the Senate version of FASTR in:
*** [http://beta.congress.gov/bill/113th-congress/senate-bill/350?q=s350 Congress.gov]
*** [http://www.govtrack.us/congress/bill.xpd?bill=s113-350 GovTrack.us]
*** [http://www.opencongress.org/bill/113-s350/actions OpenCongress]
*** [https://www.popvox.com/bills/us/113/s350 PopVox]
*** [http://hdl.loc.gov/loc.uscongress/legislation.113s350 THOMAS]


* '''FASTR in the House''' (H.R. ____)   
* '''FASTR in the House''' (H.R. 708)   
** Introduced February 13, 2013 by [http://doyle.house.gov/ Mike Doyle] (D-PA), [http://lofgren.house.gov/ Zoe Lofgren] (D-CA), and [http://yoder.house.gov/ Kevin Yoder] (R-KS).
** Introduced February 13, 2013 by [http://doyle.house.gov/ Mike Doyle] (D-PA), [http://lofgren.house.gov/ Zoe Lofgren] (D-CA), and [http://yoder.house.gov/ Kevin Yoder] (R-KS).
<!-- *** Follow the House version of FRPAA in:
*** New co-sponsor added March 7, 2013: [http://polis.house.gov/ Jared Polis] (D-CO)
**** [http://www.govtrack.us/congress/bill.xpd?bill=h112-4004 GovTrack.us]
*** New co-sponsor added May 7, 2013: [http://bordallo.house.gov/ Delegate Madeleine Bordallo] (D-Guam)
**** [http://www.opencongress.org/bill/112-h4004/actions OpenCongress]
*** New co-sponsor added May 16, 2013: [http://www.louise.house.gov/ Louise Slaughter] (D-NY) 
**** [https://www.popvox.com/bills/us/112/hr4004 PopVox]
*** New co-sponsor added May 21, 2013: [http://green.house.gov/ Gene Green] (D-TX)
**** [http://hdl.loc.gov/loc.uscongress/legislation.112hr4004 THOMAS] -->
*** New co-sponsor added June 3, 2013: [http://leeterry.house.gov/ Lee Terry] (R-NE)
*** New co-sponsors added June 20, 2013: [http://payne.house.gov/ Donald Payne, Jr.] (D-NJ) and [http://rush.house.gov/ Bobby Rush] (D-IL)
*** New co-sponsor added June 25, 2013: [http://moran.house.gov/ James Moran] (D-VA)
*** New co-sponsor added July 30, 2013: [http://www.house.gov/capuano/ Michael Capuano] (D-MA)
*** New co-sponsor added September 17, 2013: [http://latham.house.gov/ Tom Latham] (R-IA)
*** New co-sponsor added October 15, 2013: [http://bonamici.house.gov/ Suzanne Bonamici] (D-OR)
*** New co-sponsor added April 3, 2014: [http://norton.house.gov/ Eleanor Holmes Norton] (D-DC)
*** New co-sponsor added May 21, 2014: [http://lujan.house.gov/ Ben Ray Lujan] (D-NM) and [http://ellison.house.gov/ Keith Ellison] (D-MN)
*** New co-sponsor added May 23, 2014: [http://pocan.house.gov/ Mark Pocan] (D-WI)
*** Current tally: 18 co-sponsors (3 Republicans, 15 Democrats)
** Referred to the [http://oversight.house.gov/ House Committee on Oversight and Government Reform]. See the [http://www.congressmerge.com/onlinedb/cgi-bin/newcommittee.cgi?site=congressmerge&lang=&commcode=hgovrefrm members and their contact information].
** Follow the House version of FASTR in:
*** [http://beta.congress.gov/bill/113th-congress/house-bill/708?q=hr708 Congress.gov]
*** [http://www.govtrack.us/congress/bill.xpd?bill=h113-708 GovTrack.us]
*** [http://www.opencongress.org/bill/113-h708/actions OpenCongress]
*** [https://www.popvox.com/bills/us/113/hr708 PopVox]
*** [http://hdl.loc.gov/loc.uscongress/legislation.113hr708 THOMAS]
 
== Major statements of support ==
 
* Ten US library, publishing, and public-interest organizations:  [http://www.ala.org/ American Library Association], [http://www.aahsl.org/ Association of Academic and Health Science Libraries], [http://www.arl.org/ Association of College and Research Libraries], [http://www.arl.org/ Association of Research Libraries], [http://creativecommons.org/ Creative Commons], [http://www.eff.org/ Electronic Frontier Foundation], [http://www.gwla.org/ Greater Western Library Alliance], [http://www.publicknowledge.org/ Public Knowledge], [http://www.plos.org/ Public Library of Science], and the [https://sparcopen.org/ Scholarly Publishing & Academic Resources Coalition] (SPARC). See their [http://web.archive.org/web/20130602222044/http://www.sparc.arl.org/bm~doc/oawg_thanks_fastr_final-copy.pdf joint open letter] to Rep. Doyle, February 14, 2013. Some of these organizations have released separate statements as well.
 
* [http://www.plos.org/ Public Library of Science] (PLoS). See the [http://blogs.plos.org/plos/2013/02/plos-welcomes-introduction-of-us-legislation-for-open-access/ statement], February 14, 2013.
 
* [http://www.acrl.org/ Association of College and Research Libraries] (ACRL). See the [http://www.acrl.ala.org/acrlinsider/archives/6682 statement], February 15, 2013.
 
* [http://www.biomedcentral.com/ BioMed Central] (BMC). See the [http://blogs.biomedcentral.com/bmcblog/2013/02/22/fair-access-to-science-and-technology-research-act-fastr-the-new-us-open-access-bill/ statement], February 22, 2013.
 
* Twelve US library, publishing, and public-interest organizations. These are the 10 organizations listed first above, plus the [http://www.aall.org American Association of Law Libraries] and the [http://www.sla.org/ Special Libraries Association]. See their [https://www.sla.org/pdfs/publicpolicy/02252013Wyden.pdf joint open letter] to Sen. Wyden, February 25, 2013.
<!-- [http://www.sla.org/ Special Libraries Association] (SLA). See the [http://slablogger.typepad.com/sla_blog/2013/02/sla-supports-open-access-to-federally-funded-research.html statement], February 26, 2013. -->
 
* [http://www.aaup.org/ American Association of University Professors] (AAUP). See the [http://www.aaup.org/sites/default/files/files/AAUP_CHD2013_Political-Interference.pdf statement], June 13, 2013.
 
* [http://www.sparc.arl.org/blog/opportunity-your-campus-support-open-access-encourage-your-provosts-sign-open-letter-support Provosts' Open Letter in Support of FASTR], September 12, 2013. (New signatures are added in real time, as they arrive.)
 
* [http://www.sparc.arl.org/letter-congress-higher-education-community-supports-FASTR Provosts' Open Letter to Congress in Support of FASTR], October 25, 2013. Signed by 65 provosts or presidents.
 
* [http://www.arl.org/index.php Association of Research Libraries] (ARL). See the [http://www.arl.org/news/community-updates/3554-fastr-bill-to-enhance-public-access-to-research-introduced-in-us-congress statement], March 19, 2015.
 
* [https://www.eff.org/ Electronic Frontier Foundation] (EFF). See the [https://www.eff.org/deeplinks/2015/03/locking-public-access-scientific-knowledge-unlocking-scholarly-research statement], March 25, 2015.
 
* [http://www.ku.edu/ University of Kansas]. See the [http://today.ku.edu/2015/04/10/provost-responds-fastr-refiling statement], April 10, 2015.
 
* [https://sparcopen.org/ SPARC]. See the [https://sparcopen.org/news/2015/sparc-applauds-senate-committee-action-on-public-access-legislation/ statement], July 29, 2015.
** Also see SPARC's [https://sparcopen.org/our-work/fastr/ newer statement], undated but c. August 2017.
 
* [http://www.ala.org/ American Library Association]. See the [http://www.ala.org/news/press-releases/2015/07/libraries-cheer-passage-strong-open-access-legislation-us-senate statement], July 29, 2015.
** Also see the ALA's [http://www.ala.org/advocacy/sites/ala.org.advocacy/files/content/govinfo/Sign-ons/SENATE_OAWG%20FASTR%20Support%20Letter_115Congress_FINAL.pdf newer statement], September 18, 2017, signed by the ALA and 14 national and regional library, publishing, funding, research and advocacy organizations.
 
== Major statements of opposition ==
 
* [http://www.publishers.org/ Association of American Publishers] (AAP). See the [http://web.archive.org/web/20130305150326/http://www.publishers.org/press/94/ statement], February 14, 2013.
** Updated in a [http://thehill.com/blogs/congress-blog/education/239435-scientific-publishing-policy-should-be-based-on-facts-not new statement] from AAP CEO, Tom Allen, April 21, 2015. Also see the [http://thehill.com/opinion/letters/241014-usher-in-medicare-smart-cards response to Allen] from the House and Senate co-sponsors of FASTR (scroll to the second letter).
 
* [http://www.iadr.com/ International Association for Dental Research] (IADR) and [http://www.aadronline.org/ American Association for Dental Research] (AADR). See their [http://cqrcengage.com/dentalresearch/app/document/8337979 statement], June 26, 2015.


== Action in support of FASTR ==
== Action in support of FASTR ==


* [http://www.taxpayeraccess.org/action/FASTR_calltoaction.shtml Page on FASTR] from the [http://www.taxpayeraccess.org/ Alliance for Taxpayer Access] (ATA).
* For steps you can take to support FASTR, see:
<!-- this page works but several years old; revive when updated:
** The [http://www.taxpayeraccess.org/action/FASTR_calltoaction.shtml action page] from the [http://www.taxpayeraccess.org Alliance for Taxpayer Access] (ATA). -->
<!--
** Use the ATA's [http://www.congressweb.com/cweb2/index.cfm/siteid/sparc Legislative Action Center] to write to your Congressional delegation about FASTR.
** Post a [http://www.taxpayeraccess.org/action/support-fastr-banners.shtml FASTR-support banner] on your web site.
-->
<!-- ** The [http://cqrcengage.com/ala/app/write-a-letter?1&engagementId=118673 action page] from the [http://www.ala.org/ American Library Association]. -->
** See the [https://www.eff.org/deeplinks/2017/08/open-access-cant-wait-pass-fastr-now action page] from the [https://www.eff.org/ Electronic Frontier Foundation] (EFF).
<!-- an earlier support page from EFF, superseded by one above
https://action.eff.org/o/9042/p/dia/action/public/?action_KEY=9061 FASTR -->
** See the [https://sparcopen.org/our-work/fastr/act/ action page] from the [https://sparcopen.org Scholarly Publishing and Academic Resources Coalition] (SPARC).
 
* Write or phone members of Congress.
** Thank the sponsors who introduced the bills in the House and Senate.
** Contact the members of the committees to which the bills were referred, showing your support and urging them to support the bills as well.
** US citizens should contact their Representatives and Senators, urging them to support or co-sponsor the bills.
** You can find contact info for members of Congress in [https://www.usa.gov/elected-officials USA.gov] or [https://www.contactingcongress.org/ Contacting Congress]. For co-sponsors of the House and Senate versions of the bills, and the committees to which the bills were referred, clink on the links [[#FASTR in the 115th Congress|above]].
 
* If you're writing a letter to a member of Congress and need help with language or ideas, here are some models to follow or adapt:
** The SPARC [https://sparcopen.org/our-work/fastr/talking-points/ talking points] or [https://sparcopen.org/our-work/fastr/template-letter-fastr/ template letter].
** The major public [[#Major_statements_of_support|statements of support]], listed above.
 
* If your society or university press is a [http://publishers.org/members/ member] of the [http://www.publishers.org/ Association of American Publishers] (AAP), ask it disavow the [http://web.archive.org/web/20130305150326/http://www.publishers.org/press/94/ AAP's public opposition] to FASTR. Ask it to make clear that the AAP is not speaking for all its members and did not consult its members.


== Discussion and analysis ==


* On the [[Open Access Tracking Project]], see news and comment tagged with [http://tagteam.harvard.edu/hubs/oatp/tag/oa.fastr ''oa.fastr''].


* On [https://plus.google.com/ Google+], see the posts tagged with [https://plus.google.com/s/%22Fair%20Access%20to%20Science%20and%20Technology%20Research%22%20OR%20fastr%20OR%20%23fastr #fastr].


* On [https://twitter.com/ Twitter], see the posts tagged with [https://twitter.com/#!/search/%23fastr #fastr].


----
* HOAP director Peter Suber published a detailed [http://nrs.harvard.edu/urn-3:HUL.InstRepos:10528299 analysis of FASTR] in March 2013.
'''More to come.''' This page will be organized like our [[Notes on the Federal Research Public Access Act| page on FRPAA]].
** For his articles on FRPAA (predecessor of FASTR) over a six-year period, see our [http://bit.ly/hoap-frpaa reference page on FRPAA].
** For his answers to frequently heard objections to FRPAA (which are nearly the same as frequently heard objections to FASTR), see the [[Notes_on_the_Federal_Research_Public_Access_Act#Reminders | Reminders section]] of the [[Notes_on_the_Federal_Research_Public_Access_Act | HOAP reference page on FRPAA]].

Latest revision as of 14:58, 3 June 2021

FASTR provisions

  • The Fair Access to Science and Technology Research (FASTR) Act is a bill in the US Congress to require open access to the results of most federally-funded research. It's the successor to the Federal Research Public Access Act (FRPAA). FRPAA had been introduced in three earlier sessions of Congress (May 2006, April 2009, and February 2012) but never came up for a vote. In the 113th Congress, Congressional supporters of OA decided to introduce a modified bill. The result is FASTR, a strengthened version of FRPAA.
  • Comparing FASTR and FRPAA is a good way to show the major provisions of each and why FASTR is stronger than FRPAA. (Section numbers in parentheses refer to FASTR, not FRPAA.)
  • How FASTR and FRPAA are alike:
    1. Both cover the same set of agencies, namely, those spending at least $100 million/year to fund extramural research (Section 4.a).
      • This includes 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.
    2. Both give agencies one year from the passage of the bill (4.a) to develop their policies in conformity with the guidelines laid down in the bill.
    3. Both mandate "public access" (4.a.1, 4.b, 4.f.2.A), "free online public access" (4.b.4), and "free public access" (4.b.7.B, 4.f.2.A) without defining these terms.
    4. Both mandate green OA (through repositories) (4.b.7.A), and are silent on gold OA (through journals).
    5. Both require deposit of the final version of the author's peer-reviewed manuscript (4.b.1). Both allow consenting publishers to replace that version with the published version (4.b.3).
    6. Both give agencies freedom to designate a suitable repository for the mandatory deposits, when suitability includes "free public access, interoperability, and long-term preservation" (4.b.7). Agencies may host their own repositories, the way NIH hosts PubMed Central, or ask grantees to deposit in suitable institutional or disciplinary repositories.
    7. Both apply to research funded "in whole or in part" (4.b.1) by one of the covered federal agencies.
    8. Both call for OA "as soon as practicable" after publication in a peer-reviewed journal, and both require OA "no later than 6 months" after publication (4.b.4). Both require immediate OA (unembargoed OA) for works by government-employed researchers (4.c).
      • Update July 27, 2015. The Johnson-Carper Substitute Amendment would allow embargoes up to 12 months, with a stated preference for shorter embargoes. It would also create a procedure for adjusting an agency's maximum permissible embargo, when the change would serve "the public, industries, and the scientific community." See SPARC's July 27, 2015 description of the amendment and its political rationale.
      • Update August 2, 2017. In the 115th Congress, the Senate version of the bill follows the Johnson-Carper amendment from the 114th Congress, and caps embargoes at 12 months, but the House version follows the original version of FASTR and caps embargoes at six months. This is the first time the Senate and House versions of the bill have differed.
    9. Both avoid copyright problems by requiring agency policies to "make effective use of any law or guidance relating to the creation and reservation of a Government license that provides for the reproduction, publication, release, or other uses of a final manuscript for Federal purposes" (4.c.3).
    10. Both exempt classified research, unpublished research, royalty-producing research such as books, and patentable discoveries (4.d.3).
    11. Both are explicit in not amending copyright law or patent law (4.e).
  • How FASTR and FRPAA differ:
    1. FASTR contains a new provision on coordinating agency policies (4.a.2): "To the extent practicable, Federal agencies required to develop a policy...shall follow common procedures for the collection and depositing of research papers." This will reduce the burden on universities that need to comply with procedures at more than one agency, and should have no detrimental effect on OA. Indeed, it should improve compliance with agency OA policies.
    2. FASTR contains three new provisions calling for libre OA or open licensing:
      • FASTR includes a new "finding" in its preamble (2.3): "[T]he United States has a substantial interest in maximizing the impact and utility of the research it funds by enabling a wide range of reuses of the peer-reviewed literature that reports the results of such research, including by enabling computational analysis by state-of-the-art technologies."
      • FASTR includes a formatting and licensing provision (4.b.5): the versions deposited in repositories and made OA shall be distributed "in formats and under terms that enable productive reuse, including computational analysis by state-of-the-art technologies."
      • FASTR requires that the annual report from each covered agency include a statement from the agency on "whether the terms of use applicable to such research papers are effective in enabling productive reuse and computational analysis by state-of-the-art technologies" (4.f.2.B.i) and the results of the agency's "examination of whether such research papers should include a royalty-free copyright license that is available to the public and that permits the reuse of those research papers, on the condition that attribution is given to the author or authors of the research and any others designated by the copyright owner" (4.f.2.B.ii).

FASTR in the 115th Congress

  • FASTR in the Senate (S. 1701)
    • Introduced on August 2, 2017, by John Cornyn (R-TX) and Ron Wyden (D-OR).
      • New co-sponsor added November 14, 2017: Elizabeth Warren (D-MA).
      • Current tally: 3 co-sponsors (1 Republican, 2 Democrats)
    • The Senate version caps embargoes at 12 months; the House version caps them at six months.
    • Follow the Senate version of FASTR in:
    • The bullets above are for the stand-alone version of FASTR. On October 18, 2017, Rand Paul (R-KY) introduced the BASIC Research Act (S. 1973), incorporating much of the language of FASTR, and including other provisions unrelated to open access.
      • So far there is no version of the BASIC Research Act in the House.
      • So far there are no co-sponsors for the BASIC Research Act.
      • Follow the Senate version of the BASIC Research Act in:
  • FASTR in the House (H.R. 3427)
    • Introduced on July 26, 2017, by Mike Doyle (D-PA), Kevin Yoder (R-KS), and Zoe Lofgren (D-CA).
      • New co-sponsor added September 26, 2017: Ro Khanna (D-CA)
      • New co-sponsor added November 14, 2017: Jim Jordan (R-OH)
      • Current tally: 5 co-sponsors (2 Republicans, 3 Democrats)
    • The House version caps embargoes at six months; the Senate version caps them at 12 months.
    • Follow the House version of FASTR in:

FASTR in the 114th Congress

FASTR in the 113th Congress

Major statements of support

Major statements of opposition

Action in support of FASTR

  • Write or phone members of Congress.
    • Thank the sponsors who introduced the bills in the House and Senate.
    • Contact the members of the committees to which the bills were referred, showing your support and urging them to support the bills as well.
    • US citizens should contact their Representatives and Senators, urging them to support or co-sponsor the bills.
    • You can find contact info for members of Congress in USA.gov or Contacting Congress. For co-sponsors of the House and Senate versions of the bills, and the committees to which the bills were referred, clink on the links above.

Discussion and analysis

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