As reported by Jennifer McLennan (Association of Research Libraries) on the SPARC-OpenData mailing list:
2009 Consolidated Appropriations Act ensures NIH public access policy will persist
Washington, D.C. – March 12, 2009 – President Obama yesterday signed into law the 2009 Consolidated Appropriations Act, which includes a provision making the National Institutes’ of Health (NIH) Public Access Policy permanent. The NIH Revised Policy on Enhancing Public Access requires eligible NIH-funded researchers to deposit electronic copies of their peer-reviewed manuscripts into the National Library of Medicine’s online archive, PubMed Central (PMC). Full texts of the articles are made publicly available and searchable online in PMC no later than 12 months after publication in a journal.
The NIH policy was previously implemented with a provision that was subject to annual renewal. Since the implementation of the revised policy the percentage of eligible manuscripts deposited into PMC has increased significantly, with over 3,000 new manuscripts being deposited each month. The PubMed Central database is a part of a valuable set of public database resources at the NIH, which are accessed by more than 2 million users each day.