Agreed. This problem isn't ACM's fault. Professional societies are too dependent upon journal publishers to force significant change. It is Congress that needs to step in and demand that all journal articles produced as a result of any federally-funded research project (not just NIH-funded ones) be subject to the 1 year post-publication open access rule. If Congress does that, then the journals have no choice but to comply or else the authors who supply the content will publish elsewhere.