[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1631 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 501
118th CONGRESS
  2d Session
                                H. R. 1631

                          [Report No. 118-601]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2023

  Mr. Issa (for himself and Ms. Ross) introduced the following bill; 
          which was referred to the Committee on the Judiciary

                             July 22, 2024

 Additional sponsors: Mr. Raskin, Ms. Titus, Mr. Nehls, Mr. Moran, Mr. 
 Lieu, Mr. Neguse, Mr. Cline, Mr. Fitzgerald, Mr. Kiley, Mr. Moore of 
   Alabama, Ms. Jackson Lee, Ms. Caraveo, Mr. Yakym, Mr. LaLota, Mr. 
 Norcross, Mr. Bishop of North Carolina, Mr. Bentz, and Mr. Gooden of 
                                 Texas

                             July 22, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               17, 2023]


_______________________________________________________________________

                                 A BILL


 
 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.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting and Enhancing Public 
Access to Codes Act'' or the ``Pro Codes Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Congress, the executive branch, and State and local 
        governments have long recognized that the people of the United 
        States benefit greatly from the work of private standards 
        development organizations with expertise in highly specialized 
        areas.
            (2) The organizations described in paragraph (1) create 
        technical standards and voluntary consensus standards through a 
        process requiring openness, balance, consensus, and due process 
        to ensure all interested parties have an opportunity to 
        participate in standards development.
            (3) The standards that result from the process described in 
        paragraph (2) are used by private industry, academia, the 
        Federal Government, and State and local governments that 
        incorporate those standards by reference into laws and 
        regulations.
            (4) The standards described in paragraph (3) further 
        innovation, commerce, and public safety, all without cost to 
        governments or taxpayers because standards development 
        organizations fund the process described in paragraph (2) 
        through the sale and licensing of their standards.
            (5) Congress and the executive branch have repeatedly 
        declared that, wherever possible, governments should rely on 
        voluntary consensus standards and have set forth policies and 
        procedures by which those standards are incorporated by 
        reference into laws and regulations and that balance the 
        interests of access with protection for copyright.
            (6) Circular A-119 of the Office of Management and Budget 
        entitled ``Federal Participation in the Development and Use of 
        Voluntary Consensus Standards and in Conformity Assessment 
        Activities'', issued in revised form on January 27, 2016, 
        recognizes the benefits of voluntary consensus standards and 
        incorporation by reference, stating that ``[i]f a standard is 
        used and published in an agency document, your agency must 
        observe and protect the rights of the copyright holder and meet 
        any other similar obligations.''.
            (7) Federal agencies have relied extensively on the 
        incorporation by reference system to leverage the value of 
        technical standards and voluntary consensus standards for the 
        benefit of the public, resulting in more than 23,000 sections 
        in the Code of Federal Regulations that incorporate by 
        reference technical and voluntary consensus standards.
            (8) State and local governments have also recognized that 
        technical standards and voluntary consensus standards are 
        critical to protecting public health and safety, which has 
        resulted in many such governments--
                    (A) incorporating those standards by reference into 
                their laws and regulations; or
                    (B) entering into license agreements with standards 
                development organizations to use the standards created 
                by those organizations.
            (9) Standards development organizations rely on copyright 
        protection to generate the revenues necessary to fund the 
        voluntary consensus process and to continue creating and 
        updating these important standards.
            (10) The people of the United States have a strong interest 
        in--
                    (A) ensuring that standards development 
                organizations continue to utilize a voluntary consensus 
                process--
                            (i) in which all interested parties can 
                        participate; and
                            (ii) that continues to create and update 
                        standards in a timely manner to--
                                    (I) account for technological 
                                advances;
                                    (II) address new threats to public 
                                health and safety; and
                                    (III) improve the usefulness of 
                                those standards; and
                    (B) the provision of access that allows people to 
                read technical and voluntary consensus standards that 
                are incorporated by reference into laws and 
                regulations.
            (11) As of the date of enactment of this Act, many 
        standards development organizations make their standards 
        available to the public free of charge online in a manner that 
        does not substantially disrupt the ability of those 
        organizations to earn revenue from the industries and 
        professionals that purchase copies and subscription-access to 
        those standards (such as through read-only access), which 
        ensures that the public may read the current, accurate version 
        of such a standard without significantly interfering with the 
        revenue model that has long supported those organizations and 
        their creation of, and investment in, new standards.
            (12) Through this Act, and the amendments made by this Act, 
        Congress intends to balance the goals of furthering the 
        creation of standards and ensuring public access to standards 
        that are incorporated by reference into law or regulation.

SEC. 3. WORKS INCORPORATED BY REFERENCE INTO LAW.

    (a) In General.--Chapter 1 of title 17, United States Code, is 
amended by adding at the end the following:
``Sec. 123. Works incorporated by reference into law
    ``(a) Definitions.--In this section:
            ``(1) Circular a-119.--The term `Circular A-119' means 
        Circular A-119 of the Office of Management and Budget entitled 
        `Federal Participation in the Development and Use of Voluntary 
        Consensus Standards and in Conformity Assessment Activities', 
        issued in revised form on January 27, 2016.
            ``(2) Incorporated by reference.--
                    ``(A) In general.--The term `incorporated by 
                reference' means, with respect to a standard, that the 
                text of a Federal, State, local, or municipal law or 
                regulation--
                            ``(i) references all or part of the 
                        standard; and
                            ``(ii) does not copy the text of that 
                        standard directly into that law or regulation.
                    ``(B) Application.--The creation or publication of 
                a work that includes both the text of a law or 
                regulation and all or part of a standard that has been 
                incorporated by reference, as described in subparagraph 
                (A), shall not affect the status of the standard as 
                incorporated by reference under that subparagraph.
            ``(3) Standard.--The term `standard' means a standard or 
        code that is--
                    ``(A) a technical standard, as that term is defined 
                in section 12(d) of the National Technology Transfer 
                and Advancement Act of 1995 (15 U.S.C. 272 note); or
                    ``(B) a voluntary consensus standard, as that term 
                is used for the purposes of Circular A-119.
            ``(4) Standards development organization.--The term 
        `standards development organization' means a holder of a 
        copyright under this title that plans, develops, establishes, 
        or coordinates voluntary consensus standards using procedures 
        that incorporate the attributes of openness, balance of 
        interests, due process, an appeals process, and consensus in a 
        manner consistent with the requirements of Circular A-119.
            ``(5) Publicly accessible online.--
                    ``(A) In general.--The term `publicly accessible 
                online', with respect to material, means that the 
                material is displayed for review in a readily 
                accessible manner on a public website that conforms 
                with the accessibility requirements of section 508 of 
                the Rehabilitation Act of 1973 (29 U.S.C. 794d), 
                including the regulations implementing that section as 
                set forth in part 1194 of title 36, Code of Federal 
                Regulations, or any successor regulation.
                    ``(B) Rule of construction.--If a user is required 
                to create an account or agree to the terms of service 
                of a website or organization in order to access 
                material online, that requirement shall not be 
                construed to render the material not publicly 
                accessible online for the purposes of subparagraph (A), 
                if--
                            ``(i) there is no monetary cost to the user 
                        to access that material; and
                            ``(ii) no personally identifiable 
                        information collected pursuant to such a 
                        requirement is used without the affirmative and 
                        express consent of the user.
    ``(b) Standards Incorporated by Reference Into Law or Regulation.--
A standard to which copyright protection subsists under section 102(a) 
at the time of its fixation shall retain such protection, 
notwithstanding that the standard is incorporated by reference, if the 
applicable standards development organization, within a reasonable 
period of time after obtaining actual or constructive notice that the 
standard has been incorporated by reference, makes all portions of the 
standard so incorporated publicly accessible online at no monetary cost 
and in a format that includes a searchable table of contents and index, 
or equivalent aids to facilitate the location of specific content.
    ``(c) Burden of Proof.--In any proceeding in which a party asserts 
that a standards development organization has failed to comply with the 
requirements under subsection (b) for retaining copyright protection 
with respect to a standard, the burden of proof shall be on the party 
making that assertion to prove that the standards development 
organization has failed to comply with those requirements.''.
    (b) PRO Codes Act Reporting Requirement.--
            (1) In general.--The United States Copyright Office is 
        required to prepare and submit a comprehensive report to the 
        House Judiciary Committee, which shall include--
                    (A) a detailed assessment of this Act's effect on 
                case law;
                    (B) an analysis of this Act's effectiveness in 
                achieving its stated goals;
                    (C) a review of any challenges or obstacles 
                encountered during the implementation process;
                    (D) recommendations for legislative or regulatory 
                modifications to improve the effectiveness of this Act; 
                and
                    (E) an overview of the impact of this Act on the 
                public, including access to legal information and 
                compliance costs for governments, businesses, and 
                individuals.
            (2) Timeline for submission.--
                    (A) The initial report must be submitted within two 
                years of the enactment of this Act.
                    (B) Subsequent reports shall be submitted every 
                five years on the anniversary of the first report's 
                submission.
    (c) GAO Study on Disadvantaged Communities.--
            (1) Study directed.--The Comptroller General of the United 
        States shall conduct a study on the potential disparate impact 
        of this Act on historically disadvantaged communities.
            (2) Elements of the study.--The study shall include, but 
        not be limited to:
                    (A) An analysis of how limited access to technical 
                standards incorporated in the PRO Codes Act could 
                disproportionately hinder the ability of historically 
                disadvantaged communities to assert their legal rights 
                and advocate for legal reforms.
                    (B) An assessment of how the potential costs 
                associated with accessing standards could create 
                additional barriers for residents of historically 
                disadvantaged communities seeking to understand and 
                enforce their rights.
                    (C) An examination of potential disparities in 
                outcomes for historically disadvantaged communities 
                arising from the implementation of the PRO Codes Act.
                    (D) Recommendations on ways to mitigate any 
                identified disparate impacts on historically 
                disadvantaged communities.
            (3) Report.--The Comptroller General shall submit a report 
        to Congress within two years of the enactment of this Act, 
        detailing the findings of the GAO Study on the impact of PRO 
        Codes on historically disadvantaged communities from paragraphs 
        (1) and (2).
    (d) Study of Costs for States, Cities, Municipalities, Counties, 
Special Districts, Associated With Standards Incorporated by Reference 
(SIBR).--
            (1) Requirement for cost analysis.--The Comptroller General 
        of the United States shall conduct a comprehensive study of the 
        costs associated with the implementation of this Act. This 
        study will encompass levels of government, including state, 
        cities, municipalities, counties, and special district 
        governments, to ensure a complete understanding of the 
        potential financial impact.
            (2) Scope of analysis.--The analysis shall include, but not 
        be limited to:
                    (A) Fees charged by Standard Development 
                Organizations to state, cities, municipalities, 
                counties, and special district governments for access 
                to standards incorporated by reference.
                    (B) An analysis of indirect costs to state, cities, 
                municipalities, counties, and special district 
                governments associated with compliance with this Act.
            (3) Reporting.--The Comptroller General shall submit a 
        report to Congress within two years of the enactment of this 
        Act, detailing the findings of the cost analysis required under 
        paragraph (2). The report shall include recommendations on 
        potential actions to improve cost-effectiveness related to 
        SIBRs.
    (e) U.S. Government Accountability Office (GAO) Study on 
Consumers.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the potential impact of this 
        Act on consumers.
            (2) Elements of the study.--
                    (A) Implications for consumer protection under this 
                Act.
                    (B) Potential for increased costs or confusion 
                among consumers due to new regulations.
                    (C) Accessibility of information about rights and 
                protections for consumers under this Act.
                    (D) Recommendations to enhance consumer protection 
                and information accessibility.
            (3) Report.--The Comptroller General shall submit a report 
        to Congress within one year of the enactment of this Act, 
        detailing the findings of the GAO Study on the impact of this 
        Act on consumers.
    (f) U.S. Government Accountability Office (GAO) Study on Digital 
Privacy and Data Protection.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the potential impact of this 
        Act on digital privacy and data protection.
            (2) Elements of the study.--
                    (A) Analysis of how this Act affects the protection 
                of personal data.
                    (B) Evaluation of the Act's compliance requirements 
                related to data security.
                    (C) Recommendations for strengthening digital 
                privacy protections.
            (3) Report.--The Comptroller General shall submit a report 
        to Congress within 18 months of the enactment of this Act, 
        detailing the findings of the GAO Study on the impact of this 
        Act on digital privacy and data protection.
    (g) U.S. Government Accountability Office (GAO) Study on Access to 
the Law.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the impact of this Act 
        specifically on platforms that offer legal codes online at no 
        cost to the public. The study will assess how the Act 
        influences these platforms' operations and the public's access 
        to and understanding of the law.
            (2) Elements of the study.--
                    (A) Assessment of how this Act influences the 
                operations of online platforms that provide public 
                access to legal codes and other regulatory documents.
                    (B) Evaluation of the Act's provisions that may 
                limit or enhance public accessibility to legal 
                information via these platforms.
                    (C) Analysis of potential barriers introduced by 
                the Act that could hinder public understanding of legal 
                standards and codes.
                    (D) Recommendations for amendments or new 
                provisions to ensure continued and enhanced public 
                access to legal codes and standards, fostering 
                transparency and legal literacy.
            (3) Report.--The Comptroller General shall submit a report 
        to Congress within two years of the enactment of this Act, 
        detailing the findings of the GAO Study.
    (h) U.S. Government Accountability Office (GAO) Study on Inclusive 
of Accessibility and Usability Standards for People With 
Disabilities.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the impact of this Act on 
        disabled populations, specifically assessing whether the Act's 
        definition of ``publicly accessible'' is sufficiently inclusive 
        of accessibility and usability standards for people with 
        disabilities.
            (2) Elements of the study.--
                    (A) Evaluation of how the accessibility provisions 
                of this Act impact the ability of people with 
                disabilities to access and use public codes and 
                standards.
                    (B) Examination of current gaps in accessibility 
                that may prevent full participation of disabled 
                individuals in public and legal affairs as affected by 
                the Act.
                    (C) Recommendations to ensure this Act aligns with 
                federal accessibility standards and effectively serves 
                the needs of the disabled community.
            (3) Report.--The Comptroller General shall submit a report 
        to Congress within 18 months of the enactment of this Act, 
        detailing the findings of the GAO Study on the accessibility of 
        this Act for disabled populations.
    (i) U.S. Government Accountability Office (GAO) Study on Affordable 
Housing.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the potential impact of this 
        Act on the development and accessibility of affordable housing.
            (2) Elements of the study.--
                    (A) Analysis of this Act's impact on the costs and 
                regulatory barriers to building affordable housing.
                    (B) Evaluation of the Act's impact on the 
                availability of affordable housing units in urban and 
                rural areas.
                    (C) Assessment of the Act's cost on affordable 
                housing projects.
            (3) Report.--The Comptroller General shall submit a report 
        to Congress within two years of the enactment of this Act, 
        detailing the findings of the GAO Study on the impact of this 
        Act on affordable housing.
    (j) U.S. Government Accountability Office (GAO) Study on SDO Access 
Conditions.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on whether Standards Development 
        Organizations (SDOs) condition access to standards under this 
        Act by requiring users to create accounts, agree to restrictive 
        terms of service, or meet other potentially burdensome 
        conditions.
            (2) Elements of the study.--
                    (A) Assessment of the extent to which SDOs impose 
                conditions that could restrict public access to 
                standards and legal codes, such as account creation, 
                agreement to terms of service, or other barriers.
                    (B) Evaluation of the impact of these conditions on 
                the public's ability to freely access, distribute, 
                share, and print essential legal information.
                    (C) Analysis of potential violations of the 
                fundamental principle that laws should be accessible 
                without undue restrictions, considering the 
                implications for transparency and accountability.
                    (D) Recommendations for legislative or regulatory 
                measures to ensure that access to legal information 
                under this Act is not conditioned on undue or 
                discriminatory terms.
            (3) Report.--The Comptroller General shall submit a report 
        to Congress within 18 months of the enactment of this Act, 
        detailing the findings of the GAO Study.
    (k) U.S. Government Accountability Office (GAO) Study on Executive 
Compensation at SDOs.--
            (1) In general.--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.
            (2) Elements of the study.--
                    (A) Analysis of the revenue sources of large SDOs, 
                including details on income from sales of publications, 
                fees for training and certification services, and 
                membership dues.
                    (B) Examination of the scale of executive 
                compensation at these organizations, including total 
                executive compensation as a proportion of total 
                revenues and in comparison to industry standards.
                    (C) Evaluation of the governance practices related 
                to executive compensation at SDOs, including 
                transparency, accountability, and alignment with 
                nonprofit organization standards.
                    (D) Recommendations for potential regulatory or 
                legislative actions to ensure that executive 
                compensation at tax-exempt SDOs remains within 
                reasonable limits and aligns with best practices for 
                nonprofit management.
            (3) Submission.--The Comptroller General shall submit this 
        report to Congress within 18 months of the enactment of this 
        Act, detailing the findings of the GAO.
    (l) U.S. Government Accountability Office (GAO) Study on This Act 
and Homeowner Costs for Building Code Access.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on how this Act would affect the 
        costs imposed on homeowners' access to building codes.
            (2) Elements of the study.--
                    (A) Examination of the financial impact on 
                homeowners, particularly focusing on how these costs 
                might deter necessary maintenance, safety upgrades, and 
                other costs associated with renovations.
                    (B) Evaluation of how this Act would affect the 
                availability and affordability of building codes across 
                different regions and income groups.
                    (C) Recommendations for improving this Act to make 
                building codes more accessible and affordable for 
                homeowners.
            (3) Report.--The Comptroller General shall submit a report 
        to Congress within 18 months of the enactment of this Act.
    (m) U.S. Government Accountability Office (GAO) on Small 
Businesses.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the potential impact of this 
        Act on small businesses.
            (2) Elements of the study.--
                    (A) The extent to which compliance burdens are 
                affected by this Act.
                    (B) Analysis of small businesses' ability to 
                compete with larger entities under the new regulatory 
                framework.
                    (C) Availability and effectiveness of legal 
                resources for small businesses navigating this Act.
                    (D) Recommendations to mitigate any identified 
                negative impacts on small businesses.
            (3) Report.--The Comptroller General shall submit a report 
        to Congress within one year of the enactment of this Act, 
        detailing the findings of the GAO Study on the impact of this 
        Act on small businesses.
    (n) U.S. Government Accountability Office (GAO) Study on First 
Amendment Rights.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the potential impact of this 
        Act on First Amendment rights, specifically the public's 
        ability to access, read, share, and debate the law, including 
        codes incorporated by reference.
            (2) Elements of the study.--
                    (A) Analysis of how this Act may lead standard 
                development organizations to place the law behind 
                paywalls, thus restricting public access to essential 
                legal information and potentially violating First 
                Amendment rights.
                    (B) Evaluation of the economic, legal, and social 
                impacts of restricting public access to codes and 
                standards referenced in the Act.
                    (C) Examination of precedents and legal 
                interpretations regarding public access to laws and how 
                they align with First Amendment protections.
                    (D) Recommendations for legislative or regulatory 
                changes to ensure that all laws and standards 
                referenced in the Act are accessible without undue 
                financial or procedural barriers.
            (3) Report.--The Comptroller General shall submit a report 
        to Congress within one year of the enactment of this Act, 
        detailing the findings of the GAO Study on the impact of this 
        Act on First Amendment rights.
    (o) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 17, United States Code, is amended by adding at the 
end the following:

``123. Works incorporated by reference into law.''.

SEC. 4. STUDY OF STANDARDS COST TO GOVERNMENTS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the financial impact to federal, state, and local 
governments in the United States associated with acquiring access to 
standards incorporated by reference into law.
    (b) Scope.--The study under subsection (a) shall--
            (1) Analyze the total expenditure by government entities 
        for accessing these standards;
            (2) Assess any financial burdens or resource constraints 
        these costs impose on governments, particularly for smaller 
        municipalities;
            (3) Evaluate the cost-effectiveness of current mechanisms 
        for acquiring these standards; and
            (4) Examine the impacts on public services due to the costs 
        associated with accessing these standards.
    (c) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Comptroller General shall submit a report to Congress 
that includes--
            (1) The findings of the study conducted under subsection 
        (a); and
            (2) Recommendations to mitigate any adverse financial 
        impacts identified by the study, including suggestions for 
        legislative or administrative actions as appropriate.
                                                 Union Calendar No. 501

118th CONGRESS

  2d Session

                               H. R. 1631

                          [Report No. 118-601]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                             July 22, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed