H.R. 4009 — Pro Codes Act

This section sets forth 12 congressional findings recognizing the benefits of technical and voluntary consensus standards developed by private standards development organizations through open, balanced processes; their incorporation by reference into more than 23,000 Code of Federal Regulations sections, federal laws and regulations, and many state and local laws; the lack of taxpayer cost due to standards organizations' self-funding via sales and licensing; the importance of copyright protection to sustain standards development; and the need to balance ongoing standards creation with public read access to standards incorporated by reference (noting that many organizations already provide free online read-only access).

This section adds new section 123 to chapter 1 of title 17, U.S. Code, to provide that a standard (i.e., a technical standard as defined in section 12(d) of the National Technology Transfer and Advancement Act of 1995, 15 U.S.C. 272 note, or a voluntary consensus standard per OMB Circular A-119, issued January 27, 2016) retains copyright protection notwithstanding its incorporation by reference into Federal, state, local, or municipal law or regulation, if the standards development organization makes all incorporated portions publicly accessible online at no monetary cost in a searchable format within a reasonable period after notice of incorporation. It defines related terms, including "incorporated by reference" (i.e., a law or regulation references but does not copy the standard's text), "standards development organization" (i.e., a copyright holder developing voluntary consensus standards consistent with Circular A-119 procedures), and "publicly accessible online" (i.e., displayed on a public website meeting section 508 accessibility standards of the Rehabilitation Act of 1973, 29 U.S.C. 794d, with no cost even if account creation is required so long as no personally identifiable information is used without consent). (Thus, standards development organizations may enforce copyright against unauthorized copying if they comply.) It places the burden of proof in any proceeding on the party asserting noncompliance and makes a conforming amendment to the chapter's table of sections.

This section directs the Comptroller General of the United States to conduct a study on the financial impact to federal, state, and local governments associated with acquiring access to standards incorporated by reference into law (i.e., technical standards from private organizations such as ASTM or ISO that federal regulations reference without reprinting full text). The study must (1) analyze total expenditures by government entities for accessing these standards; (2) assess financial burdens or resource constraints, particularly for smaller municipalities; (3) evaluate cost-effectiveness of current acquisition mechanisms; and (4) examine impacts on public services. Not later than two years after enactment, the Comptroller General must submit to Congress a report containing the study's findings and recommendations to mitigate any identified adverse financial impacts, including legislative or administrative actions.