The Pro Codes Act establishes rules requiring copyright holders of technical standards incorporated by reference into law to make those standards publicly accessible online while preserving their underlying copyright protections.
Darrell Issa
Representative
CA-48
The Pro Codes Act aims to balance public access with the financial sustainability of organizations that create vital technical standards referenced in U.S. law. It establishes new copyright rules requiring Standards Development Organizations (SDOs) to make standards incorporated by reference into federal, state, or local law publicly accessible online for free. This ensures the public can view the codes they must follow while preserving the SDOs' ability to fund future standard development through copyright protection.
Pro Codes Act: Copyrighted Safety Standards Must Go Online Free, But Who Enforces It?
The Protecting and Enhancing Public Access to Codes Act of 2025—the Pro Codes Act—is all about technical standards. Think building codes, safety regulations for manufacturing, or even guidelines for electrical wiring. These are often created by private groups (called Standards Development Organizations, or SDOs) and then referenced in federal, state, and local laws. This bill attempts to thread a needle: keep those SDOs funded via copyright revenue while making sure the public can actually read the standards that become law.
The Fine Print That Becomes Law
For decades, the government has used a shortcut: instead of rewriting complex technical rules themselves, they just point to a standard created by an SDO. This is called 'incorporation by reference.' The SDOs fund their work—which Congress acknowledges is crucial for innovation and safety—by selling or licensing these documents. The Pro Codes Act affirms that even when a standard is written into law this way, the SDO still holds the copyright (Sec. 3). This is important because it protects the SDO’s business model, ensuring they can keep developing new standards quickly.
The Free Access Mandate
Here’s the good part for the average citizen or small business owner: If a standard is referenced in a law, the SDO must make that specific part of the standard 'Publicly Accessible Online' for free (Sec. 3). This means you won’t have to pay $200 just to read the building code your contractor is supposed to follow. The bill defines this access pretty clearly: it has to be on a public website, and while you might have to create a free account or agree to terms of service, they can’t charge you or use your personal data without permission. For someone opening a new restaurant, this means easier access to fire safety codes without having to buy a pricey manual.
The Catch: Who’s on Enforcement Duty?
While the mandate for free access is clear, the implementation has a significant hurdle. The SDO must make the standard available 'within a reasonable time' after learning it’s been incorporated into law (Sec. 3). 'Reasonable time' is vague and could lead to significant delays. Even more critically, the bill shifts the entire burden of proof onto the public. If you, as a citizen or a watchdog group, claim that an SDO failed to make a referenced standard available online, you have the burden of proof to show they messed up—not the SDO (Sec. 3).
Imagine a scenario where a local government references a new electrical code. If the SDO drags its feet for six months, a small electrician trying to follow the new rules would have to buy the code or wait. If that electrician wants to challenge the SDO for non-compliance, they are the one who has to gather evidence and prove the SDO failed. This provision makes it much harder for ordinary people to enforce the public access requirement, potentially giving large SDOs a lot of wiggle room and delaying the transparency this bill promises.