The passage of the Consolidated Appropriations Act of 2014 mandates open access for federal agencies under the Labor, Health, and Human Services, Education and Related Agencies Senate subcommittee with research budgets of $100 million or more.
Here's an excerpt from the bill:
SEC. 527. Each Federal agency, or in the case of an agency with multiple bureaus, each bureau (or operating division) funded under this Act that has research and development expenditures in excess of $100,000,000 per year shall develop a Federal research public access policy that provides for—
- the submission to the agency, agency bureau, or designated entity acting on behalf of the agency, a machine-readable version of the author's final peer-reviewed manuscripts that have been accepted for publication in peer-reviewed journals describing research supported, in whole or in part, from funding by the Federal Government;
- free online public access to such final peer-reviewed manuscripts or published versions not later than 12 months after the official date of publication; and
- compliance with all relevant copyright laws.