Pro Codes Act
- Bill Number
- H.R. 4009
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2025-06-13: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-04-01T14:04:59Z
AI-Generated Summary
Purpose of the Legislation
The "Protecting and Enhancing Public Access to Codes Act" (or "Pro Codes Act") aims to balance the protection of copyrights for technical standards (like building codes or safety guidelines) created by private organizations with ensuring the public can freely read these standards when they are referenced in laws or regulations. It recognizes that these standards promote innovation, safety, and efficiency but must be accessible to those affected by the laws that use them.
Key Provisions
- Findings Section: Outlines Congress's recognition of the value of "standards development organizations" (SDOs)—private groups that create expert technical or voluntary consensus standards (rules agreed upon by diverse experts). These standards are often incorporated by reference into federal, state, or local laws without copying the full text. SDOs fund their work through sales and rely on copyright protection. Many already offer free online "read-only" access without harming their revenue.
- New Copyright Provision (Section 123 of Title 17, U.S. Code):
- Defines key terms, such as "incorporated by reference" (when a law mentions a standard without including its full text), "standard" (technical rules for safety, technology, etc.), "SDO" (copyright-holding groups using open, balanced processes), and "publicly accessible online" (free viewing on a public website that meets accessibility standards for people with disabilities, like those under Section 508 of the Rehabilitation Act; basic account creation is allowed if there's no cost or misuse of personal data).
- Protects the copyright of a standard even if it's incorporated into law, as long as the SDO makes the relevant parts available online for free in a searchable format (e.g., with a table of contents) within a reasonable time after learning of the incorporation.
- Places the burden of proof on anyone claiming an SDO failed to provide this access—they must prove non-compliance.
- Study on Costs (Section 4): Requires the Comptroller General (an independent auditor for the government) to study how much federal, state, and local governments spend to access these standards. The study must cover total costs, burdens on smaller governments, cost-effectiveness of current access methods, and effects on public services. A report with findings and recommendations (e.g., new laws or policies) must be submitted to Congress within 2 years.
Significant Changes to Existing Law
- Adds a new Section 123 to Chapter 1 of Title 17, U.S. Code (the federal copyright law), which previously did not specifically address standards incorporated by reference. This codifies protections from Office of Management and Budget Circular A-119 (a 2016 policy guiding federal use of voluntary standards), emphasizing free public access as a condition for copyright retention.
- Shifts some responsibility to SDOs to provide timely online access, while clarifying that requiring accounts or terms of service doesn't count as a barrier if free and privacy-respecting.
- Introduces a study mandate, which is new and could lead to future changes based on cost findings.
Potential Impacts
- On Government Agencies: Federal, state, and local governments may face lower costs for accessing standards used in regulations (over 23,000 in the federal Code of Federal Regulations), easing burdens especially for smaller municipalities. The study could prompt efficiencies in how agencies acquire or license these materials.
- On Citizens: Improves free public access to standards referenced in laws affecting daily life (e.g., safety codes for buildings or products), helping people understand and comply with rules without paying fees. This promotes transparency and safety without taxpayer expense for development.
- On International Relations: Minimal direct impact, but by supporting U.S. SDOs' global standards (often used internationally), it could enhance U.S. influence in trade and safety norms without altering foreign policy.
Main Stakeholders Affected
- Standards Development Organizations (SDOs): Benefit from protected copyrights to sustain funding but must provide free online access to incorporated standards, potentially encouraging more open practices.
- Federal, State, and Local Governments: Rely on these standards for regulations; the law reduces access barriers and prompts a cost study to address financial strains.
- Citizens and the Public: Gain easier, free reading access to standards in laws, aiding compliance, education, and participation in affected areas like public health and safety.
- Industries and Professionals: Continue purchasing full versions or subscriptions for commercial use, supporting SDO revenue while benefiting from updated, innovative standards.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces copyright law (Article I, Section 8 of the Constitution, which empowers Congress to protect writings) by conditioning protection on public access, potentially reducing lawsuits over "paywall" standards in regulations. It aligns with existing policies like Circular A-119 but makes them statutory, providing clearer rules for courts (e.g., burden of proof favors SDOs).
- Constitutional: Supports First Amendment interests in public access to law by ensuring incorporated standards are readable without cost, avoiding scenarios where laws are effectively hidden behind paywalls.
- Political: Promotes bipartisanship (introduced by Rep. Issa and Rep. Ross) in valuing private innovation for public good. Could influence future debates on open access vs. intellectual property, especially if the cost study reveals inequities, leading to broader reforms in government use of private works. No overt partisan bias; focuses on efficiency and balance.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Ross, Deborah K. [D-NC-2]
Recent Actions
- 2025-06-13: Referred to the House Committee on the Judiciary.
- 2025-06-13: Introduced in House
- 2025-06-13: Introduced in House
Bill Versions
- Protecting and Enhancing Public Access to Codes Act — issued 2025-06-13 — PDF (10 pages)