Home Issues & Advocacy Washington Watch Legislative Update 5-30-2007

ACRL Legislative Update

Volume 6, Number 3
May 30, 2007

Support Changing NIH Public Access Policy to Mandatory in LHHS Appropriations Bill

Summary: The National Institutes of Health currently has a policy in place designed to encourage NIH-funded researchers to deposit the final peer-reviewed manuscripts of their articles in PubMed Central, the digital library of the National Library of Medicine. The policy, which is voluntary, calls on researchers to make their research results openly accessible within one year of acceptance in a peer-reviewed journal. Under the voluntary policy, fewer than 4% of eligible manuscripts have been deposited in PubMed Central. Both the Board of Regents of the National Library of Medicine and NIH Public Access Working Group have concluded, "The NIH Policy cannot achieve its stated goals unless deposit of manuscripts becomes mandatory."

Issue for Libraries: The present system of disseminating the results of publicly funded research is badly broken and severely limits access. The public pays for the research and very often the salary of the researcher as well. Research articles are then published in peer-reviewed journals, which charge subscription fees or per-article access fees. The cost of subscriptions has risen three times faster than inflation for more than 20 years and most subscriptions are unaffordable for most libraries. Journals typically demand to own copyright as well.

Changes in federal policy and legislation for federally-funded research have the potential to greatly increase research access for faculty, students, and the general public, reversing to a substantial extent the loss in access that has resulted from journal price increases and subscription cancellations by libraries. If properly implemented, such policy changes will also protect the system of peer-reviewed journals.

Current Status: Congress is taking up Labor, Health and Human Services (LHHS) appropriations again. Both the House and Senate are considering LHHS appropriations bills, which could direct the NIH to amend its existing voluntary public access policy to become mandatory.

Action Needed: We ask grassroots advocates to work now to insert language supporting a mandatory NIH public access policy into the Senate and House versions of the LHHS appropriations bill while the subcommittees are still drafting. Specifically we ask you to:

1. Schedule a visit to the local district office of your legislators over the Memorial Day recess (continues through Friday, June 1) or Independence Day recess (July 2-6). Explain to your Senator/Representative and his/her staff members why you support this language. (Search by zip code to find contact information at http://www.capwiz.com/ala/home)
2. Meet with your college/university government relations office and ask staff what your institution can do to voice support.
3. Send a message about this to others on your campus and in your state asking them to take action.

Talking Points:

• Every year, the NIH funds billions of dollars in scientific research. U.S. taxpayers underwrite this research and they have a right to expect that its dissemination and use will be maximized, and also that they themselves will have access to it.
• Faster and wider sharing of knowledge fuels the advance of science. Broad communication of research results is an essential component of the US government's investment in science. For the first time, the Internet makes it possible to share the latest scientific advances promptly with every scientist, physician, educator, and citizen who wants them.
• NIH strongly supports this goal and has instituted a voluntary system intended to make scientific research more broadly available for use. Unfortunately, for a variety of reasons, that system is not working. That is why NIH is now asking Congress to include language in the LHHS bill to make the program mandatory. In fact, the House included similar language last year (which we believe the Senate was going to accept in conference), but due to the way the appropriations process concluded, it did not become law.
• The language we are asking for this year (and that was included last year) requires that results of NIH-funded research be deposited and preserved in an online database at NIH, freely accessible to the public, within one year of publication in a scientific journal.

(NOTE: Feel free to adapt these talking points and other information above to create your own one-page fact sheet to leave behind with your legislators.)

Targeted Legislators: While constituents of the members listed below have an especially important roll, we encourage all advocates to talk with your legislators and their staff about public access to federally funded research. If you aren’t a constituent, we suggest you find out whether your legislators share committee appointments with any of the members below and point that out to them.

HOUSE Committee on Appropriations
Subcommittee on Labor, Health and Human Services, Education, and Related Agencies

DEMOCRATIC
Chair: Dave Obey (WI)
Nita M. Lowey (NY)
Rosa L. DeLauro (CT)
Jesse L. Jackson, Jr. (IL)
Patrick J. Kennedy (RI)
Lucille Roybal-Allard (CA)
Barbara Lee (CA)
Tom Udall (NM)
Michael Honda (CA)
Betty McCollum (MN)
Tim Ryan (OH)

REPUBLICAN
Ranking Member: James T. Walsh (NY)
Ralph Regula (OH)
John E. Peterson (PA)
Dave Weldon (FL)
Michael K. Simpson (ID)
Dennis R. Rehberg (MT)
Jerry Lewis (CA), Ex Officio

SENATE Committee on Appropriations
Subcommittee on Labor, Health and Human Services, Education, and Related Agencies

DEMOCRATIC
Chair: Senator Tom Harkin (IA)
Senator Daniel Inouye (HI)
Senator Herb Kohl (WI)
Senator Patty Murray (WA)
Senator Mary Landrieu (LA)
Senator Richard Durbin (IL)
Senator Jack Reed (RI)
Senator Frank Lautenberg (NJ)

REPUBLICAN
Ranking Member: Senator Arlen Specter (PA)
Senator Thad Cochran (MS)
Senator Judd Gregg (NH)
Senator Larry Craig (ID)
Senator Kay Bailey Hutchison (TX)
Senator Ted Stevens (AK)
Senator Richard Shelby (AL)

TIP: Make an Effective Visit with Your Legislator

In person visits with your member of Congress can be powerful ways to communicate your points. Legislators are more likely to believe and trust you if they feel they know you. If you can’t meet with your member of Congress directly, get to know their staff members. Legislative staff members are powerful and make good allies.

Face-to face discussion is the most effective means of communication and helps to establish a solid working relationship. While politicians have demanding schedules, they generally welcome opportunities to stay in touch with their constituents. Visits to district offices may be easier—and more relaxing—for both advocates and legislators. Meetings are typically very brief—10-15 minutes—so prepare in advance using these tips:

• Know who to bring. Delegates should be constituents, and citizen advocates should outnumber staff. Keep the delegation small enough for an easy exchange of views.
• Know how to make your case. Do your homework. Make sure everyone understands and agrees on grounds rules before the visit. Choose a spokesperson who will lead the discussion, cover the main points and keep the conversation focused. Not everyone needs to speak to make a contribution. Be prepared to answer hard questions.
• Know why you’re there. Have a clear agenda. Tell the legislator what specific legislation you want him or her to support. Legislators can’t keep track of all pending legislation. Make it easy for them to help you.
• Know what you don’t know. Practice your presentation with at least one person who is unfamiliar with your issues. They may point out inconsistencies or ask questions that you’ve overlooked. Edit your presentation accordingly.
• Know what to bring. Bring a policy statement or fact sheets that supports your position. Keep paper to a minimum—one page is best.

(SOURCE: ALA Library Advocacy Now toolkit. Ways to communicate - Visits http://www.ala.org/ala/issues/toolsandpub/actionkit/legislatorsways.htm )

Learn about "Developing Informed and Engaged Citizens: The Imperative for Higher Education"

Couldn’t make it to National Library Legislative Day in Washington, DC, May 1-2, 2007? View the PowerPoint presentation and listen to an interview with the speaker at ACRL's luncheon during the briefing day at http://blogs.ala.org/acrlpodcast.php. George L. Mehaffy, Vice President for Academic Leadership and Change at the American Association of State Colleges and Universities, spoke to academic librarians on, "Developing Informed and Engaged Citizens: The Imperative for Higher Education." Hear about his work on campuses through the American Democracy Project and why he sees academic libraries as, "citizenship centers" and "more relevant now than ever in history."

This digital update is regularly issued as part of our ongoing efforts to make it easier for you to connect with ACRL’s advocacy efforts. Feel free to forward this message to appropriate electronic lists.

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