[Congressional Record Volume 170, Number 9 (Wednesday, January 17, 2024)]
[Senate]
[Page S141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            MORNING BUSINESS

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  THE PROTECTING AND ENHANCING PUBLIC ACCESS TO CODES (PRO CODES) ACT

  Mr. WYDEN. Madam President, ensuring Americans' right to access, 
read, and understand the law is critical to the functioning of our 
democracy. Whether text with the force of law is found in statute or 
regulation or whether it has been incorporated by reference, it is 
essential that all members of the public have fair and equitable access 
to the legal standards by which they must abide.
  Unfortunately, I have concerns that the Protecting and Enhancing 
Public Access to Codes (Pro Codes) Act would hinder, rather than 
enhance, the public's access to technical or voluntary consensus 
standards that have been incorporated into law by reference. This bill 
explicitly allows standards-setting organizations to require that a 
member of the public create an account or agree to terms of service as 
a condition of access. Requiring that an interested party surrender 
personal information to, or enter into a binding contract with, a 
private entity in order to read the law raises concerns of privacy and 
fairness.
  I am also troubled that the bill lacks robust standards for public 
accessibility. It does not require standards to be made available in 
print or in person, and it does not require standards to be searchable, 
machine-readable, or accessible to persons with disabilities. In this 
way, the Pro Codes Act risks creating barriers to access for many 
Americans, including researchers and reporters, those without reliable 
internet service, and individuals with visual impairments.
  For these reasons, I will object to any unanimous consent agreement 
regarding the Pro Codes Act.

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