{"format":1,"id":"118-hr-1631","congress":118,"number":"H.R. 1631","kind":"bill","group":"bills","title":"Pro Codes Act","title_source":"Short Title(s) as Reported to House","official_title":"To amend title 17, United States Code, to reaffirm the importance of, and include requirements for, works incorporated by reference into law, and for other purposes.","titles":[{"type":"Official Title as Introduced","title":"To amend title 17, United States Code, to reaffirm the importance of, and include requirements for, works incorporated by reference into law, and for other purposes."},{"type":"Short Title(s) as Reported to House","title":"Pro Codes Act"},{"type":"Short Title(s) as Reported to House","title":"Protecting and Enhancing Public Access to Codes Act"},{"type":"Display Title","title":"Pro Codes Act"},{"type":"Short Title(s) as Introduced","title":"Pro Codes Act"},{"type":"Short Title(s) as Introduced","title":"Protecting and Enhancing Public Access to Codes Act"}],"outcome":"failed_house","law_number":null,"introduced":"2023-03-17","chambers":{"house":{"status":"roll_call","date":"2024-07-22","vote":{"id":"118-2024-h357","question":"On Motion to Suspend the Rules and Pass, as Amended","title":"Pro Codes Act","result":"Failed","yea":248,"nay":127,"present":0,"not_voting":56,"source":"https://clerk.house.gov/evs/2024/roll357.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"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).","date":"2024-07-22"},"nominees":null,"amendments":[],"other_votes":[],"crs_summary":{"date":"2024-07-22","stage":"Reported to House","blocks":[{"k":"h","t":"Protecting and Enhancing Public Access to Codes Act or the Pro Codes Act"},{"k":"p","t":"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)."},{"k":"p","t":"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.)"},{"k":"p","t":"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."},{"k":"p","t":"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."},{"k":"p","t":"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."}],"words":250},"summary":{"main_subject":{"text":"Amends the copyright law in title 17 of the United States Code so that a standard incorporated by reference into law keeps its copyright if the standards development organization makes it publicly accessible online at no cost, and directs Copyright Office and Comptroller General reports and studies.","cites":[{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/1631/text/rh#HA005C13C3DA845C09F319CDBD9207BB0"},{"label":"Sec. 4","href":"https://www.congress.gov/bill/118th-congress/house-bill/1631/text/rh#HEA136D252B014B9F9AD4B211ED5A01F2"}]},"core_areas":["Copyright protection for standards incorporated by reference into law","Online public access conditions for incorporated standards","Copyright Office reporting on the Act","Comptroller General studies of the Act's effects","Government costs of access to incorporated standards"],"what_it_does":[{"text":"Adds section 123 to title 17, under which a copyrighted standard keeps its protection when incorporated by reference if the standards development organization, within a reasonable time after notice, makes all incorporated portions publicly accessible online at no monetary cost.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/1631/text/rh#HA005C13C3DA845C09F319CDBD9207BB0"}},{"text":"Requires that the online version include a searchable table of contents and index, or equivalent aids to help locate specific content.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/1631/text/rh#HA005C13C3DA845C09F319CDBD9207BB0"}},{"text":"Places the burden of proof on a party who asserts that a standards development organization has not met the online access requirements for keeping copyright protection.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/1631/text/rh#HA005C13C3DA845C09F319CDBD9207BB0"}},{"text":"Provides that requiring an account or agreement to terms of service does not make material not publicly accessible online, if access has no monetary cost and personal information is not used without the user's affirmative and express consent.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/1631/text/rh#HA005C13C3DA845C09F319CDBD9207BB0"}},{"text":"Requires the United States Copyright Office to report to the House Judiciary Committee within two years of enactment, and again every five years after the first report's submission, on the Act's effects.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/1631/text/rh#HA005C13C3DA845C09F319CDBD9207BB0"}},{"text":"Directs the Comptroller General to study the cost to federal, state and local governments of access to standards incorporated by reference, and to report to Congress with recommendations within 2 years of enactment.","cite":{"label":"Sec. 4","href":"https://www.congress.gov/bill/118th-congress/house-bill/1631/text/rh#HEA136D252B014B9F9AD4B211ED5A01F2"}}],"unexpected":[{"category":"off_subject","items":[{"cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/1631/text/rh#HA005C13C3DA845C09F319CDBD9207BB0"},"heading":"Works incorporated by reference into law","effect":"Within the copyright amendment, directs the Comptroller General to study executive compensation at standards development organizations and the Act's effect on affordable housing, among other topics, each with a report to Congress.","amount":null,"quote":"The Comptroller General of the United States shall conduct a study on executive compensation within Standards Development Organizations (SDOs), particularly those with substantial revenue streams and tax-exempt status."}]}],"version":{"type":"Reported in House","date":"2024-07-22","rule":"nearest","href":"https://www.congress.gov/bill/118th-congress/house-bill/1631/text/rh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-09-30","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/118th-congress/house-bill/1631","text":"https://www.congress.gov/bill/118th-congress/house-bill/1631/text"},"card":{"image":"card/item/118-hr-1631.png","v":"f967d69303ba","alt":"Votes on Record. H.R. 1631, 118th Congress: Pro Codes Act. House: 248 Yea, 127 Nay. Outcome: Failed House, 22 Jul 2024."}}