Pro Codes Act
Also known as Protecting and Enhancing Public Access to Codes Act
Where it stands
- Introduced3/17/23
- Passed HouseFailed 7/22/24
- Senate
- President
- Law
Failed in the House on July 22, 2024.
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Roll calls on this bill
- Democratic105 Yea · 78 Nay · 29 Not voting
- Republican143 Yea · 49 Nay · 27 Not voting
- Independent / Other0 Yea · 0 Nay · 0 Not voting
Protecting and Enhancing Public Access to Codes Act or the Pro Codes Act
This bill addresses copyright protections for privately-developed technical standards that are incorporated into a law or regulation (e.g., a state law that requires buildings to comply with the electrical standards developed by a private standards development organization).
Currently, there is not a consensus as to whether a technical standard that has been incorporated by reference into a law retains copyright protection. (A technical standard created by a private organization is typically eligible for copyright protection, but some courts have ruled that standards incorporated into law lose their copyright protections for various reasons. For example, some courts have held that incorporated standards effectively became law and therefore entered the public domain.)
Under this bill, a technical standard shall retain its copyright protection even if it has been incorporated by reference into a law or regulation, if the applicable standards development organization makes the standard available on a free publicly accessible online source and in a format that facilitates the location of specific content.
If a party asserts that an incorporated technical standard has lost its copyright protection because it has not been made available for free online, the party making that assertion shall bear the burden of proof.
The bill also includes reporting requirements for the Copyright Office and the Government Accountability Office (GAO). The GAO must conduct several studies and report on the findings, including the potential impacts of the bill on consumers and historically disadvantaged communities.
What happens next
This bill failed.
All actions (16)
- 3/17/23Introduced in House
- 3/17/23Referred to the House Committee on the Judiciary.
- 7/19/23the motion to favorably report was withdrawn by unanimous consent
- 7/19/23Committee Consideration and Mark-up Session Held
- 4/16/24Committee Consideration and Mark-up Session Held
- 4/17/24Committee Consideration and Mark-up Session Held
- 4/17/24Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 4.
- 7/22/24Reported (Amended) by the Committee on Judiciary. H. Rept. 118-601.
- 7/22/24Placed on the Union Calendar, Calendar No. 501.
- 7/22/24Mr. Issa moved to suspend the rules and pass the bill, as amended.
- 7/22/24Considered under suspension of the rules. (consideration: CR H4658-4665; text: CR H4658-4660)
- 7/22/24DEBATE - The House proceeded with forty minutes of debate on H.R. 1631.
- 7/22/24At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- 7/22/24Considered as unfinished business. (consideration: CR H4708)
- 7/22/24Failed of passage/not agreed to in House On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 248 - 127 (Roll no. 357).
- 7/22/24On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 248 - 127 (Roll no. 357).