Pro Codes Act
- Bill Number
- H.R. 4072
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2025-06-23: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-11T08:06:48Z
AI-Generated Summary
Summary of H.R. 4072: Protecting and Enhancing Public Access to Codes Act of 2025 (Pro Codes Act)
Purpose
The legislation aims to balance the protection of copyrights for technical standards created by private organizations with ensuring free public access to those standards when they are referenced (but not fully copied) in federal, state, or local laws and regulations. It recognizes the value of these standards in promoting innovation, safety, and efficiency while addressing concerns about public access to legally binding materials.
Key Provisions
- Findings Section: Outlines the benefits of voluntary consensus standards developed by private standards development organizations (SDOs). These organizations create technical guidelines through open, balanced processes without government funding. The findings emphasize how these standards are widely incorporated into laws, support public safety, and rely on copyright revenue for ongoing development. It also notes that many SDOs already provide free online read-only access without harming their business model.
- New Copyright Provision (Section 123 of Title 17, U.S. Code):
- Definitions:
- Incorporated by reference: When a law or regulation mentions a standard without including its full text.
- Standard: Technical or voluntary consensus guidelines, as defined in existing federal policies like OMB Circular A-119 (a guide for federal use of such standards).
- Standards development organization (SDO): A copyright holder that develops standards through open, consensus-based processes.
- Publicly accessible online: Free viewing on a public website that meets accessibility standards (e.g., for people with disabilities under Section 508 of the Rehabilitation Act), even if it requires a free account, as long as no personal data is misused without consent.
- Copyright Retention (Subsection b): Copyright protection for a standard remains intact even if incorporated by reference into law, provided the SDO makes the relevant portions available online for free in a searchable format (e.g., with a table of contents) within a reasonable time after learning of the incorporation.
- Burden of Proof (Subsection c): In legal disputes, the party claiming the SDO failed to provide access must prove the noncompliance.
Significant Changes to Existing Law
- Adds a new Section 123 to Chapter 1 of Title 17, U.S. Code (the federal copyright law), specifically addressing works incorporated by reference. Previously, copyright law did not explicitly outline conditions for retaining protection in this context, leading to potential uncertainties about public access versus intellectual property rights.
- Builds on existing policies like OMB Circular A-119, which encourages federal use of voluntary standards while respecting copyrights, but codifies requirements for free online access to resolve ambiguities.
Potential Impacts
- On Government Agencies: Federal, state, and local governments can more confidently incorporate standards into regulations (over 23,000 instances in the federal Code of Federal Regulations alone), reducing legal risks and costs associated with standards development.
- On Citizens: Improves free access to the full text of standards referenced in laws, enhancing transparency and the ability to understand and comply with regulations affecting public health, safety, and commerce. This supports timely updates to standards for emerging technologies or threats.
- On International Relations: No direct impacts mentioned; the bill focuses on domestic law and standards use.
- Broader Effects: Encourages SDOs to maintain free public access, potentially increasing innovation and safety without taxpayer burden, while preserving their revenue from sales to industries and professionals.
Main Stakeholders Affected
- Standards Development Organizations (SDOs): Primary beneficiaries of copyright protections but required to provide free online access to incorporated standards.
- Government Entities: Federal, state, and local agencies that rely on these standards for regulations.
- Citizens and the Public: Gain better access to legally relevant materials, aiding compliance and awareness.
- Industries and Professionals: Continue purchasing standards for business use, unaffected by public read-only access.
- Academia and Innovators: Benefit from accessible standards to support research and technological advancement.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Clarifies the intersection of copyright law and public law, potentially reducing litigation over access to incorporated works. The burden-of-proof rule protects SDOs from unfounded challenges.
- Constitutional Implications: Aligns with the principle of due process by promoting public access to laws (as standards become effectively part of enforceable regulations), without compelling government funding for private works.
- Political Implications: Reinforces bipartisan support for private-sector innovation in public policy, as evidenced by introduction by Representatives Issa (R) and Ross (D). It codifies existing practices to prevent disruptions in standards development, emphasizing consensus and openness without mandating government intervention.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Rep. Ross, Deborah K. [D-NC-2], Rep. Gooden, Lance [R-TX-5], Rep. Titus, Dina [D-NV-1], Rep. Yakym, Rudy [R-IN-2], Rep. Langworthy, Nicholas A. [R-NY-23]
Recent Actions
- 2025-06-23: Referred to the House Committee on the Judiciary.
- 2025-06-23: Introduced in House
- 2025-06-23: Introduced in House
Bill Versions
- Protecting and Enhancing Public Access to Codes Act of 2025 — issued 2025-06-23 — PDF (9 pages)