Pro Codes Act
The Pro Codes Act would add a new provision to Title 17 of the United States Code requiring that works incorporated by reference into federal, state, and local laws and regulations be made publicly accessible online in a manner that preserves public access while recognizing copyright. Specifically, it would add a new Section 123 to codify definitions around incorporated-by-reference standards, standards development organizations (SDOs), and what “publicly accessible online” means (including 508 accessibility). For standards that are incorporated by reference, the bill requires the SDO to make all portions of the incorporated material publicly accessible online at no monetary cost within a reasonable period after notice of incorporation. The bill also preserves the copyright protection of the standards and places the burden of proof on the party alleging noncompliance. In short, the Act aims to ensure public access to the parts of standards used in law, while attempting to balance this with the financial model that supports standards development.
Key Points
- 1Adds a new Section 123 to Chapter 1 of title 17 to govern works incorporated by reference into law, including precise definitions (incorporated by reference, standard, standards development organization, publicly accessible online, etc.). It also defines what counts as a standard and clarifies how text in a law that includes incorporated standards remains governed by the standard’s status.
- 2Requires that, when a standard is incorporated by reference into law or regulation, copyright protection remains in place, but the organization must make all portions of the incorporated standard publicly accessible online at no monetary cost within a reasonable period after notice of incorporation, with a searchable table of contents and index (or equivalent aids).
- 3Establishes accessibility requirements for online materials (publicly accessible online means 508-compliant and available on a public website; access rules allow for free access even if a user must create an account, provided there is no cost and no inappropriate collection/use of personal data).
- 4Places the burden of proof on the party asserting noncompliance to show that the standards development organization failed to meet the online-access requirements.
- 5Clarifies that including a standard alongside the law in a document does not affect the status of the standard as incorporated by reference, and it codifies a public-access objective while recognizing the longstanding practice of government use of voluntary consensus standards.