S. 4145 — Pro Codes Act of 2026

This section states 12 congressional findings recognizing the benefits of voluntary consensus standards developed by private standards development organizations through open, balanced processes; their incorporation by reference into more than 23,000 sections of the Code of Federal Regulations and state/local laws; the role of copyright protection in funding standards development; and the need to balance public read access with organizations' revenue models.

This section amends chapter 1 of title 17, United States Code, by adding a new section 123 to preserve copyright protection for standards (i.e., technical standards under the National Technology Transfer and Advancement Act of 1995 or voluntary consensus standards under OMB Circular A–119, issued January 27, 2016) incorporated by reference into federal, state, local, or municipal laws or regulations. Such protection is retained if the standards development organization makes all incorporated portions publicly accessible online at no monetary cost—in a format with a searchable table of contents or equivalent navigation aids and conforming to section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d)—within a reasonable period after notice of incorporation. (Thus, standards development organizations using open, balanced, due process procedures consistent with Circular A–119 may enforce copyrights against unauthorized copying while enabling free public access to law-incorporated content.) It places the burden of proof in any noncompliance proceeding on the party asserting failure to meet these requirements and makes a conforming change to the table of sections.