http://en.wikipedia.org/wiki/Federal_Research_Public_Access_...
The act has not yet passed. It was re-proposed in 2010 and 2012, each time with increased support from a bi-partisan group of sponsors, in both Houses. Cornyn is still a sponsor.
My understanding is that Cornyn was instrumental in the passage of the 2008 NIH public access policy, which makes NIH-funded research available within 6 months of publication:
This is by far the largest victory for open access to date. It would, however, be eclipsed by FRPAA, should it pass.
Given all this, I believe it is natural that Cornyn has an interest in the case, and questions.