Pro Codes Act

The Pro Codes Act would add a new provision to title 17 of the U.S. Code to govern how standards that are incorporated by reference into law are treated with regard to access and copyright. It codifies the concept of “works incorporated by reference” and sets definitions around what counts as a standard and a standards development organization (SDO). The core requirement is that, once a standard is incorporated into law, the portions of that standard that are used in the law must be made publicly accessible online at no monetary cost within a reasonable period after notice of incorporation. The bill preserves copyright protection for these standards if the organization makes the incorporated portions freely accessible online in a searchable, user-friendly format (and it clarifies access administration and burden of proof). It also requires a Government Accountability Office (GAO) study on the financial impact of accessing these standards for federal, state, and local governments, with a report due within two years of enactment. In short, the bill aims to improve public access to technical standards that governments rely on, while maintaining the general copyright framework that supports standards development organizations.