The 2022 memorandum from the US Office of Science and Technology Policy (OSTP), widely known as the Nelson memo after the then-acting director who signed it, directed federal agencies that fund research to make the resulting peer-reviewed publications and their supporting data freely available to the public without an embargo. Agencies were asked to develop and implement updated public-access plans, with the milestone for full effect set for the end of 2025. This article is a neutral description of the policy and its rollout, not compliance advice.
What the memo directed
The Nelson memo built on earlier US public-access policy but extended and tightened it in two notable ways. First, it removed the previously permitted twelve-month embargo, so that publications arising from federal funding should be free to read immediately on publication. Second, it explicitly brought supporting research data into scope, asking agencies to ensure that data underlying published, peer-reviewed findings are made publicly accessible.
Crucially, the memo also widened applicability. Earlier guidance had focused on the largest funding agencies; the Nelson memo applied across federal agencies that fund research, including smaller agencies that had not previously operated formal public-access programmes. Each agency was asked to publish its own implementation plan within a common framework.
The end-of-2025 milestone
The memo set a phased timeline. Agencies were expected to update their public-access policies and then bring them fully into effect no later than 31 December 2025. In practice this meant that, across federal science funders, publications and associated data tied to awards should be subject to immediate free-access expectations by that date.
The most visible early mover was the National Institutes of Health, whose revised arrangement is described in our companion explainer on the NIH Public Access Policy. NIH’s removal of the embargo is a concrete instance of the broader direction the Nelson memo set for the whole federal research system.
How agency rollouts took shape
Because the memo delegated implementation to each agency, the rollout was not a single switch but a set of staggered agency plans sharing common principles. Typical features of agency public-access plans include:
- Immediate access to the peer-reviewed publication, removing the prior embargo window.
- Data sharing expectations for the data underlying the published findings, with appropriate handling of sensitive or restricted data.
- Persistent identifiers and metadata to make outputs findable and to link publications, data and awards.
- Designated repositories or repository criteria through which compliant deposits are made.
Identifiers feature heavily in these plans because they make compliance auditable and outputs discoverable. For background, see our notes on persistent identifiers in the standards dictionary, which explain how DOIs and related identifiers support linking across the scholarly record.
Why data was the harder part
Making publications free to read is operationally well-understood, building on a decade of deposit infrastructure. Extending public access to data is more complex. Datasets vary enormously in size, format and sensitivity, and not all data can be openly shared — human-subjects data, for example, may carry privacy and consent constraints. Agency plans therefore tend to frame data sharing around the principle of being as open as possible and as closed as necessary, with documented justifications where access must be restricted.
This is where the policy intersects with established data-stewardship principles. The expectation is generally that shared data are described with sufficient metadata to be reusable, echoing the widely cited FAIR principles (findable, accessible, interoperable, reusable) referenced in our explainer on FAIR data.
Persistent identifiers and infrastructure
A practical thread running through agency public-access plans is the use of persistent identifiers and structured metadata. Identifiers such as DOIs for publications and datasets, ORCID iDs for researchers, and award and organisation identifiers make it possible to link an output back to the award that funded it and the person who produced it. This linking is what turns a pile of free documents into a navigable, auditable record of what public funding produced.
That emphasis aligns the memo with infrastructure the scholarly community already uses. Our explainers on the DOI and the ORCID iD describe two of the building blocks agencies lean on. The broader point is that immediate access is not only about removing a paywall; it is about making outputs findable, attributable and connected.
What changed for researchers and institutions
For researchers, the practical consequence is that the funder-driven expectation of free, immediate access now extends across more agencies and now reaches data as well as papers. Award terms, data-management planning and deposit workflows reflect those expectations. Data-management and sharing plans became a more prominent part of the application and award lifecycle, prompting researchers to think early about which data will be shared, where, and under what conditions. Institutions commonly updated library guidance, data-repository support and compliance tracking in response, and many expanded research-data services to help investigators meet the data-sharing element rather than only the publication element.
Equity and the cost question
One theme the memo raised explicitly is equity in publishing. Removing embargoes increases free access for readers, but the costs of publishing do not disappear — they may shift, for example toward article-processing charges in some open-access models. The memo asked agencies to consider how their public-access approaches affect different communities of researchers, including those with fewer resources, so that the move to open access does not inadvertently disadvantage smaller institutions or early-career researchers who may struggle with publication fees. This is part of why depositing the accepted manuscript in a repository — a route that does not require paying a fee — remains an important compliance pathway alongside open-access journals.
The practical upshot is that immediate access can be achieved through more than one route, and agencies have generally been careful not to mandate a single business model. The goal is free public access to the output, with flexibility in how that access is delivered.
The bottom line
The Nelson memo is best understood as a framework rather than a single rule: it set the destination — immediate, free public access to federally funded publications and their underlying data — and asked each agency to chart its own route there by the end of 2025. Readers seeking authoritative detail should consult each agency’s published public-access plan and OSTP’s own guidance at whitehouse.gov/ostp.