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.
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.
| Action Date | Type | Text | Source |
|---|---|---|---|
| 2024-07-22 | Vote | 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). | House floor actions |
| 2024-07-22 | Floor | Considered as unfinished business. (consideration: CR H4708) | House floor actions |
| 2024-07-22 | Floor | At 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. | House floor actions |
| 2024-07-22 | Floor | DEBATE - The House proceeded with forty minutes of debate on H.R. 1631. | House floor actions |
| 2024-07-22 | Floor | Considered under suspension of the rules. (consideration: CR H4658-4665; text: CR H4658-4660) | House floor actions |
| 2024-07-22 | Floor | Mr. Issa moved to suspend the rules and pass the bill, as amended. | House floor actions |
| 2024-07-22 | Calendars | Placed on the Union Calendar, Calendar No. 501. | House floor actions |
| 2024-07-22 | Committee | Reported (Amended) by the Committee on Judiciary. H. Rept. 118-601. | House floor actions |
| 2024-04-17 | Committee | Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 4. | House committee actions |
| 2024-04-17 | Committee | Committee Consideration and Mark-up Session Held | House committee actions |
| 2024-04-16 | Committee | Committee Consideration and Mark-up Session Held | House committee actions |
| 2023-07-19 | Committee | Committee Consideration and Mark-up Session Held | House committee actions |
| 2023-07-19 | Committee | the motion to favorably report was withdrawn by unanimous consent | House committee actions |
| 2023-03-17 | IntroReferral | Referred to the House Committee on the Judiciary. | House floor actions |
| 2023-03-17 | IntroReferral | Introduced in House | Library of Congress |