It has already been offed. From The Congressional Record Feb 27, 2012:

As the costs of publishing continue to be driven down by new technology, we will continue to see a growth in open access publishers. This new and innovative model appears to be the wave of the future. The transition must be collaborative, and must respect copyright law and the principles of open access. The American people deserve to have access to research for which they have paid. This conversation needs to continue and we have come to the conclusion that the Research Works Act has exhausted the useful role it can play in the debate. As such, we want Americans concerned about access to research and other participants in this debate to know we will not be taking legislative action on H.R. 3699 , the Research Works Act. We do intend to remain involved in efforts to examine and study the protection of intellectual property rights and open access to publicly funded research.

There's more info on the Research Works Act in The Scientist, 2/28/12

"Elsevier Abandons Anti-Open Access Bill
The publishing giant withdraws its support of the Research Works Act, which would eliminate open-access requirements on federally funded work."
full text at:
http://the-scientist.com/2012/02/28/...n-access-bill/

It appears to have bbeen dropped by the publisher because " in January, renowned Cambridge University mathematician Timothy Gowers sparked a boycott of the publisher based on criticism involving the company’s business practices and its support of the RWA. By early February, some 5,000 academics had signed on to the boycott, and as of this writing, more than 2,500 additional researchers have added their names to that list." The power of advocacy!

It was surprising to read that Rep. Carolyn Maloney was an original sponsor of the RWA. Rep. has always been a supporter of PD issues and is a co-chair of the Parkinson's Caucus in the House. Perhaps she doesn't realize the significance of open acces to medical journals for PWP and advocates?