appropriations

Public access to research language retained in U.S. spending bill

Timothy Vollmer, December 22nd, 2014

Last year, the U.S. Congress included a provision in its appropriations legislation that would ensure that some research conducted through federal spending would be made accessible online, for free. It mandated that a subset of federal agencies with research budgets of at least $100 million per year would be required provide the public with free online access to scholarly articles generated with federal funds no later than 12 months after publication in a peer-reviewed journal. The agencies affected by the public access provision of the appropriations bill included the Department of Labor, Department of Education, and Department of Health and Human Services. Of particular note is the Department of Health and Human Services, which encompasses research-intensive agencies such as the National Institutes of Health, Food and Drug Administration, and Centers for Disease Control and Prevention.

SPARC reports that the public access language has been included in the fiscal year 2015 spending bill (PDF), which appears on p. 961-962:

SEC. 525. Each Federal agency, or in the case of an agency with multiple bureaus, each bureau (or operating division) funded under this Act that has research and development expenditures in excess of $100,000,000 per year shall develop a Federal research public access policy that provides for— 1) the submission to the agency, agency bureau, or designated entity acting on behalf of the agency, a machine-readable version of the author’s final peer-reviewed manuscripts that have been accepted for publication in peer-reviewed journals describing research supported, in whole or in part, from funding by the Federal Government; (2) free online public access to such final peer reviewed manuscripts or published versions not later than 12 months after the official date of publication.

Alongside the federal spending legislation, there were references included in accompanying reports (see Departments of Commerce, Justice, Science report at p. 30 and Department of Interior report at p. 32) that point to President Obama’s Directive requiring agencies to increase access to the results of federally funded scientific research. The appropriations language passed for 2014 and 2015 echoes the language of the White House Directive, issued in February 2013. It directs “Federal agencies with more than $100M in R&D expenditures to develop plans to make the published results of federally funded research freely available to the public within one year of publication and requiring researchers to better account for and manage the digital data resulting from federally funded scientific research.” The agency plans were due in August 2013, and according to the Office of Science and Technology Policy (OSTP), all agencies have submitted at least a draft plan (PDF). Those plans are now being reviewed by OSTP.

Progress has been slow, but public access to publicly funded research remains on the table in the United States.

 

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Congress passes spending bill requiring free access to publicly funded research

Timothy Vollmer, January 16th, 2014

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Update: The bill was signed by President Obama January 17, 2014.

Both the U.S. House of Representative and Senate have passed the 2014 omnibus appropriations legislation (2.9 MB PDF). President Obama is expected to sign the bill shortly.

What’s so special about this legislation? Federal agencies with research budgets of at least $100 million per year will be required provide the public with free online access to scholarly articles generated with federal funds no later than 12 months after publication in a peer-reviewed journal. The agencies affected by the public access provision of the appropriations bill include the Department of Labor, Department of Education, and Department of Health and Human Services (which includes research-intensive sub-agencies such as the National Institutes of Health, Food and Drug Administration, and Centers for Disease Control and Prevention).

According to SPARC, the bill “ensure[s] that $31 billion of the total $60 billion annual U.S. investment in taxpayer-funded research is now openly accessible.”

The inclusion of the public access provision builds upon existing initiatives, such as the NIH Public Access Policy. And it echoes the more recent push for public access to publicly funded research advocated through the introduction of the Fair Access to Science and Technology Research Act (FASTR) and the White House directive. But with FASTR tabled in Congress last year and the federal agencies dragging their feet on complying with Obama’s public access directive (plans were due in August 2013), the passage of the 2014 spending legislation is a welcome measure for increasing access to publicly funded research.

SPARC thinks the language in the bill could be strengthened by adopting a shorter embargo period (e.g. six months), which would benefit the public without harming journal publishers. In addition, they suggest that research articles be shared via a central repository similar to PubMed Central and incorporate provisions to ensure the ability to conduct text and data mining on the entire corpus of federally-funded articles. Creative Commons and other groups have also communicated the need for not only free public access, but also access whereby publicly funded research is made available under open licenses.

Open Access icon was created by Duke Innovation Co-Lab and in the public domain.
U.S. Department of Education seal is in the public domain.
U.S. Department of Labor seal is in the public domain.
U.S. Department of Health and Human Services seal is in the public domain.

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