Pro Codes Act of 2026
- Bill Number
- S. 4145
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2026-03-19: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-04-01T14:05:26Z
AI-Generated Summary
Purpose of the Legislation
The Protecting and Enhancing Public Access to Codes Act of 2026 (Pro Codes Act of 2026) aims to balance the protection of copyrights for technical standards with ensuring public access to those standards when they are referenced in laws or regulations. It recognizes the value of private organizations that develop these standards through open, consensus-based processes and seeks to encourage their continued creation while allowing free online reading of standards incorporated into legal requirements.
Key Provisions
- Findings Section: Outlines Congress's recognition that standards development organizations (SDOs)—private groups that create technical and voluntary consensus standards (guidelines for safety, innovation, and industry practices)—benefit the public by funding their development through sales and licensing. These standards are often referenced in federal, state, and local laws without copying the full text, saving government costs but raising access issues. The Act emphasizes balancing copyright protection for SDOs with public needs for timely access to update standards for new technologies and safety threats.
- New Copyright Provision (Section 123 of Title 17, U.S. Code):
- Defines key terms, such as:
- Incorporated by reference: When a law or regulation mentions a standard without including its full text.
- Publicly accessible online: Free viewing on a public website that is searchable (e.g., with a table of contents) and meets accessibility standards for people with disabilities (under Section 508 of the Rehabilitation Act of 1973, which requires digital content to be usable by those with visual, hearing, or other impairments).
- Standard: Technical or voluntary consensus standards developed openly.
- Standards development organization (SDO): Copyright holders that create standards through fair, inclusive processes.
- Allows copyrights to remain in force for standards incorporated by reference if the SDO makes the relevant parts freely available online in a searchable format within a reasonable time after learning of the incorporation.
- Places the burden of proof on anyone claiming an SDO failed to meet these access requirements in a legal dispute.
Significant Changes to Existing Law
- Adds a new section (123) to Chapter 1 of Title 17, U.S. Code (the federal copyright law), explicitly addressing standards incorporated by reference—a practice used in over 23,000 sections of the Code of Federal Regulations.
- Builds on existing policies like Office of Management and Budget Circular A-119 (a 2016 guideline directing federal agencies to use voluntary standards while respecting copyrights) by codifying requirements for free public access, which was previously encouraged but not legally mandated for copyright retention.
- Does not eliminate copyrights but conditions their ongoing protection on providing read-only online access, without requiring account creation fees or misuse of personal data.
Potential Impacts
- On Government Agencies: Federal, state, and local governments can continue referencing standards in regulations to promote efficiency and safety without bearing development costs, but may need to notify SDOs of incorporations to trigger access requirements. This could streamline compliance for agencies relying on these standards.
- On Citizens: Improves free access to standards that underpin laws (e.g., building codes or safety rules), helping individuals, businesses, and researchers understand legal obligations without purchasing copies, potentially enhancing public safety and innovation awareness.
- On International Relations: Minimal direct impact, though it may indirectly support U.S. alignment with global standards bodies by sustaining domestic SDOs that contribute to international technical norms.
- Overall, encourages SDOs to maintain revenue models (e.g., sales to professionals) while offering free public reading, potentially increasing standard updates without taxpayer funding.
Main Stakeholders Affected
- Standards Development Organizations (SDOs): Primary beneficiaries of copyright protection but must provide free online access to incorporated standards to retain it; this supports their funding for ongoing work.
- Government Entities: Federal (e.g., agencies following Circular A-119), state, and local governments that incorporate standards into laws, gaining clearer rules for balancing access and intellectual property.
- Public and Businesses: Citizens, industries, academia, and professionals who use or must comply with standards; free access reduces barriers to understanding regulations.
- Copyright Holders and Legal Community: Affected by the new burden-of-proof rule in disputes over standard copyrights.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces copyright law's application to standards (under Section 102(a) of Title 17) while introducing a statutory "safe harbor" for protection tied to public access, potentially reducing litigation over fair use or public domain claims for incorporated works. The burden-of-proof shift favors SDOs in enforcement.
- Constitutional: Aligns with First Amendment interests in public access to laws (as standards become part of enforceable regulations) without compelling speech or undermining intellectual property rights under Article I, Section 8. No apparent due process or equal protection issues.
- Political: Bipartisan introduction (by Senators Coons, Cornyn, Hirono, and Tillis) reflects broad support for innovation and safety; promotes a market-driven approach to standards without new government spending, potentially influencing future intellectual property reforms.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Coons, Christopher A. [D-DE]
Cosponsors (3)
Sen. Cornyn, John [R-TX], Sen. Hirono, Mazie K. [D-HI], Sen. Tillis, Thomas [R-NC]
Recent Actions
- 2026-03-19: Read twice and referred to the Committee on the Judiciary.
- 2026-03-19: Introduced in Senate
Bill Versions
- Protecting and Enhancing Public Access to Codes Act of 2026 — issued 2026-03-19 — PDF (9 pages)