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National Institute of Health (NIH) Public Access Policy 2024

Overview

Main Takeaways

  • New policy was released December 17, 2024 and goes into effect on July 1, 2025. 
  • The 2024 policy replaces the 2008 NIH Policy. 
  • The NIH Data Management and Sharing Policy (effective date January 25, 2023) will remain in effect.

What's changed?

  • There is no longer a 12 month embargo period, publications become available on publication date. 
  • 2024 policy defines the Official Date of Publication as the earlier of the electronic and print publication dates. 2008 policy defined it as the later of the two.

How to Comply

  • Submit the Author Accepted Manuscript to PubMed Central upon acceptance or submission of Final Published Article by Official Date of Publication (for immediate public availability).
  • Acknowledgment in the AAM and Final Published Article of NIH funding 
  • When AAM is submitted to NIH, agree to a standard license (mirroring the Government Use License) granting NIH the right to make the AAM publicly available through PMC on the Official Date of Publication

NOTE: Noncompliance with the NIH Public Access Policy may be considered by NIH regarding future funding decisions.

Supplemental Notices

The 2024 Public Access Policy includes two supplemental notices: Publication Costs and Government Use License Use and Rights

Publication Costs

  • Reasonable publication costs that are allowable may be requested in the budget for the project.
  • Submission of Author Accepted Manuscripts to PubMed Central remains free for authors.
  • Unallowable costs: 
  • Journal or publisher fees that arise during the course of the publication process for the sole purpose of submitting the Author Accepted Manuscript to PubMed Central 
  • Costs for services (e.g., peer review) for which there is no resulting, publicly available product
  • Costs for services incurred after closeout of the award, even for an Author Accepted Manuscript subject to the NIH Public Access Policy 
  • Costs for publishing services that are charged differentially because an Author Accepted Manuscript is subject to the NIH Public Access Policy or the work is the result of NIH funding (this likely includes the American Chemical Society's Article Development Charge)
  • Compliance with the Policy does not require the payment of an open access fee to a journal.

Government Use License and Rights

  • Also known as the Federal Purpose License
  • Upon accepting NIH funding, recipients grant to NIH the right to make Author Accepted Manuscripts resulting from the funding publicly available in PubMed Central upon the Official Date of Publication.
  • Authors also agree to a license mirroring that license during the PubMed Central submission process.
  • NIH encourages, but does not require, authors to indicate in their Submitted Manuscript that, if it is accepted, NIH has a license to make the Accepted Manuscript publicly available upon the Official Date of Publication. 

The Federal Purpose License Fact Sheet

Information in this box has been adapted from the Penn State University Awareness Tour for 2024 NIH Public Access Policy presentation.