From john hawks weblog:
"Today's NIH repository and the data access provisions of NSF grants were established by acts of Congress in the late 1990s. In my opinion, the agencies have in many areas gotten away with the bare minimum of compliance with these regulations. Worse, far from strengthening open access to publications and data, some in Congress want to reverse them. The current effort owes much to lobbying by academic publishers, and large campaign donations from officers and employees of those publishers to key Congressmen."
Read the rest here.