Pro Codes Act
Latest action · Jul 22, 2024 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).
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 17, 2023
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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 and in a format that facilitates the location of specific content.
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.
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.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 357 | On Motion to Suspend the Rules and Pass, as Amended | Failed248–127 | Jul 22, 2024 |
Cosponsors 19
Members who signed on, in the order they did. Signatures ran from Mar 17, 2023 to Mar 19, 2024; 1 is an original cosponsor, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NC | Deborah K. Ross | Original | Mar 17, 2023 |
| D-MD | Jamie Raskin | May 22, 2023 | |
| D-NV | Dina Titus | Jun 12, 2023 | |
| R-TX | Troy E. Nehls | Jun 12, 2023 | |
| R-TX | Nathaniel Moran | Jun 23, 2023 | |
| D-CA | Ted Lieu | Jul 11, 2023 | |
| R-VA | Ben Cline | Jul 13, 2023 | |
| D-CO | Joe Neguse | Jul 13, 2023 | |
| R-CA | Kevin Kiley | Jul 17, 2023 | |
| R-WI | Scott Fitzgerald | Jul 17, 2023 | |
| R-AL | Barry Moore | Jul 18, 2023 | |
| D-TX | Sheila Jackson Lee | Jul 19, 2023 | |
| D-CO | Yadira Caraveo | Sep 20, 2023 | |
| R-IN | Rudy Yakym III | Sep 28, 2023 | |
| R-NY | Nick LaLota | Oct 17, 2023 | |
| D-NJ | Donald Norcross | Nov 2, 2023 | |
| R-OR | Cliff Bentz | Mar 19, 2024 | |
| R-NC | Dan Bishop | Mar 19, 2024 | |
| R-TX | Lance Gooden | Mar 19, 2024 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Mar 17, 2023 Jul 19, 2023Markup Jul 19, 2023Markup Apr 16, 2024Markup Apr 17, 2024Reported Jul 22, 2024 |
Actions 16
Everything that happened, newest first.
- Jul 22, 2024Reported (Amended) by the Committee on Judiciary. H. Rept. 118-601.
- Jul 22, 2024Placed on the Union Calendar, Calendar No. 501.
- Jul 22, 2024Mr. Issa moved to suspend the rules and pass the bill, as amended.
- Jul 22, 2024Considered under suspension of the rules. (consideration: CR H4658-4665; text: CR H4658-4660)
- Jul 22, 2024DEBATE - The House proceeded with forty minutes of debate on H.R. 1631.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H4658–H4665Text printed H4658–H4660Recorded votes H4708enact | Darrell Issa R-CA, Deborah K. Ross D-NC, Jerrold Nadler D-NY, Zoe Lofgren D-CA | Jul 22, 2024 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimate
- Jul 3, 2024H.R. 1631, Pro Codes ActAs ordered reported by the House Committee on the Judiciary on April 17, 2024
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 50, March 17, 2023, page H1295.
CRS reports 4
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
About this bill 1
Products that name it in their title: its number, its law number or one of its short titles.
| Product | Title | Kind | Published |
|---|---|---|---|
| R47656 | Copyright in Standards Incorporated by Reference into Law and the Pro Codes Act | Report | Oct 19, 2026 |
Also cite it 3
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R48650 | Suspension of the Rules: House Practice in the 118th Congress (2023-2024) | Report | Aug 27, 2025 |
| R47665 | Building Codes, Standards, and Regulations: Frequently Asked Questions | Report | Apr 23, 2025 |
| R47373 | Science and Technology Issues for the 118th Congress Archived | Report | Oct 15, 2024 |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 835 | Pro Codes Act | Identical bill | Mar 16, 2023 |
Titles 5
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Short Title(s) as Introduced
- Pro Codes Act
- Protecting and Enhancing Public Access to Codes Act
- Short Title(s) as Reported to House
- Pro Codes Act
- Protecting and Enhancing Public Access to Codes Act
Subjects
Assigned by the Library of Congress. Policy area: Commerce.
Text 2
Each version as it was printed, newest first.
- Jul 22, 2024Reported in House
- Mar 17, 2023Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
