The NIH Public Access Policy implements Division F Section 217 of PL 111-8 (Omnibus Appropriations Act, 2009). The law states: |
Applicability
Guide Notices
Testimony and Other Policy Related Communications
The Policy applies to any manuscript1 that:
- Is peer-reviewed;
- And, is accepted for publication in a journal2 on or after April 7, 20083;
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And, arises from:
- Any direct funding4 from an NIH grant or cooperative agreement active in Fiscal Year 2008 or beyond, or;
- Any direct funding from an NIH contract signed on or after April 7, 2008, or;
- Any direct funding from the NIH Intramural Program, or;
- An NIH employee.
1 Until further notice, manuscripts written in scripts other than Latin (e.g., Russian, Japanese) cannot be processed by the NIHMS. These manuscripts are not required to be posted on PubMed Central and do not require evidence of compliance on applications, proposals or reports. The NIHMS continues to process manuscripts written in Latin (Roman) script that contain characters and fonts used in standard mathematical notation.
2 See the FAQ for the full definition of a journal.
3 Authors may submit final peer-reviewed manuscripts accepted before April 7, 2008 that arise from NIH funds, if they have the right or permission to do so.
4 "Directly" funded means costs that can be identified specifically with a particular sponsored project, or that can be directly assigned to such activities relatively easily with a high degree of accuracy. When awardees list a publication in the progress report publication list of an RPPR or a renewal application, they are claiming that the publication directly arises from that award and the awardee is responsible for the public access compliance of the listed publications.
For Institutional Training, Career Development, and Related Awards (T15, T32/TL1, T34/TL4, T35, T90, R25/RL5, R90/RL9, K12/KM1/KL2, D43, D71, DP7, U2R, U45): Trainee, scholar, and participant publications fall under the public access policy if the publication resulted from work conducted while the individual was supported by the award (i.e., receiving a stipend or salary from the award). See NOT-OD-15-091 for more information.
Testimony and Other Policy Related Communications
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Letter from Chairman Pitts on the NIH Public Access Policy (November 10, 2011), and Reply from Francis Collins, M.D. (December 16, 2011).
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Testimony Before the Subcommittee on Information Policy, Census, and National Archives Committee on Government Oversight and Reform- David J. Lipman, M.D. (July 29, 2010)
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Written Testimony Before the Subcommittee on Courts, the Internet, and Intellectual Property Committee on the Judiciary United States House of Representatives - Elias A. Zerhouni, M.D. (September 11, 2008)
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Slides presented to the Subcommittee on Courts, the Internet, and Intellectual Property Committee on the Judiciary United States House of Representatives (PowerPoint - 2.31 MB) - Elias A. Zerhouni, M.D. (September 11, 2008)
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Offical Transcript of the Hearing on Fair Copyright in Research Works Act from the Subcommittee on Courts, the Internet, and Intellectual Property Committee on the Judiciary United States House of Representatives (PDF - 50 MB) (September 11, 2008)
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View comments on the public access policy (March 2008 to May 2008)