NIH Mandates Open Access to Researchers’ Publications
PUBLIC ACCESS MANDATE MADE LAW
President Bush signs omnibus appropriations bill,
including National Institutes of Health research access provision
Alliance for Taxpayer Access
News Release
Washington, D.C. – December 26, 2007 – President Bush has signed into law the Consolidated Appropriations Act of 2007 (H.R. 2764), which includes a provision directing the National Institutes of Health (NIH) to provide the public with open online access to findings from its funded research. This is the first time the U.S. government has mandated public access to research funded by a major agency.
The provision directs the NIH to change its existing Public Access Policy, implemented as a voluntary measure in 2005, so that participation is required for agency-funded investigators. Researchers will now be required to deposit electronic copies of their peer-reviewed manuscripts into the National Library of Medicine’s online archive, PubMed Central. Full texts of the articles will be publicly available and searchable online in PubMed Central no later than 12 months after publication in a journal.
“Facilitated access to new knowledge is key to the rapid advancement of science,” said Harold Varmus, president of the Memorial Sloan-Kettering Cancer Center and Nobel Prize Winner. “The tremendous benefits of broad, unfettered access to information are already clear from the Human Genome Project, which has made its DNA sequences immediately and freely available to all via the Internet. Providing widespread access, even with a one-year delay, to the full text of research articles supported by funds from all institutes at the NIH will increase those benefits dramatically.”
“Public access to publicly funded research contributes directly to the mission of higher education,” said David Shulenburger, Vice President for Academic Affairs at NASULGC (the National Association of State Universities and Land-Grant Colleges). “Improved access will enable universities to maximize their own investment in research, and widen the potential for discovery as the results are more readily available for others to build upon.”
“Years of unrelenting commitment and dedication by patient groups and our allies in the research community have at last borne fruit,” said Sharon Terry, President and CEO of Genetic Alliance. “We’re proud of Congress for their unrelenting commitment to ensuring the success of public access to NIH-funded research. As patients, patient advocates, and families, we look forward to having expanded access to the research we need.”
“Congress has just unlocked the taxpayers’ $29 billion investment in NIH,” said Heather Joseph, Executive Director of SPARC (the Scholarly Publishing and Academic Resources Coalition, a founding member of the ATA). “This policy will directly improve the sharing of scientific findings, the pace of medical advances, and the rate of return on benefits to the taxpayer.”
Joseph added, “On behalf of the Alliance for Taxpayer Access, I’d like to thank everyone who worked so hard over the past several years to bring about implementation of this much-needed policy.”
For more information, and a timeline detailing the evolution of the NIH Public Access Policy beginning May 2004, visit the ATA Web site at http://www.taxpayeraccess.org.
Revised Policy on Enhancing Public Access to Archived Publications Resulting from NIH-Funded Research, Release date January 11, 2008 | Effective Date April 7, 2008
Summary
In accordance with Division G, Title II, Section 218 of PL 110-161 (Consolidated Appropriations Act, 2008 ), the NIH voluntary Public Access Policy (NOT-OD-05-022) is now mandatory. The law states:
The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law.
Specifics
1. The NIH Public Access Policy applies to all peer-reviewed articles that arise, in whole or in part, from direct costs 1 funded by NIH, or from NIH staff, that are accepted for publication on or after April 7, 2008.
2. Institutions and investigators are responsible for ensuring that any publishing or copyright agreements concerning submitted articles fully comply with this Policy.
3. PubMed Central (PMC) is the NIH digital archive of full-text, peer-reviewed journal articles. Its content is publicly accessible and integrated with other databases (see: http://www.pubmedcentral.nih.gov/).
4. The final, peer-reviewed manuscript includes all graphics and supplemental materials that are associated with the article.
5. Beginning May 25, 2008, anyone submitting an application, proposal or progress report to the NIH must include the PMC or NIH Manuscript Submission reference number when citing applicable articles that arise from their NIH funded research. This policy includes applications submitted to the NIH for the May 25, 2008 due date and subsequent due dates.
Objections to the NIH Mandate from Publishers:
STM comments on U. S. National Institutes of Health Unfunded Mandate, Jan. 4, 2007 Press Release
American Association of Publishers (AAP), Jan. 3, 2007 Press Release

