Below is the text of Sen. James Inhofe's amendments to the FY 2008 Labor, Health and Human Services and Education Appropriations bill that affect the NIH open access mandate (thanks to Heather Joseph at SPARC).

Amendment 3416:

To strike provision to maintain the NIH voluntary research public access policy

Beginning on page 76 strike line 24 and all that follows through line 7 on page 77.

Amendment 3417:

To modify provisions to maintain the NIH voluntary research public access policy

On page 77 line 7 insert before the period the following:

'and in addition only where allowed by and in accordance with the policies of the publishers who have conducted the peer review and accepted the manuscripts for publication'

Here's the affected section of the bill:

Page 76

24 SEC. 221. The Director of the National Institutes of
25 Health shall require that all investigators funded by the

Page 77

1 NIH submit or have submitted for them to the National
2 Library of Medicine’s PubMed Central an electronic
3 version of their final, peer-reviewed manuscripts upon ac-
ceptance for publication to be made publicly available no
5 later than 12 months after the official date of publication:
6 Provided, That the NIH shall implement the public access
7 policy in a manner consistent with copyright law.

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