H.R. 4009: Protecting and Enhancing Public Access to Codes Act

The bill titled "Protecting and Enhancing Public Access to Codes Act" aims to amend U.S. copyright law concerning works that are incorporated by reference into federal, state, or local laws and regulations. Its primary objectives are to ensure that the public has access to technical standards and consensus standards that are referenced in legal texts while also protecting the rights of standards development organizations that create and maintain those standards. Here’s a breakdown of its main components:

Key Findings

• There are numerous private standards development organizations that create technical standards which are beneficial to the public and industries.
• These organizations utilize a voluntary consensus process that requires openness and participation from interested parties.
• Standards that are incorporated into laws and regulations help promote innovation, commerce, and public safety without costing taxpayers, as these organizations fund their work through sales and licenses.
• Current policy encourages the use of voluntary standards and aims to balance public access with copyright protection.
• Many organizations provide free online access to their standards, allowing the public to refer to current standards without undermining their revenue streams.

Amendments to Copyright Law

The bill proposes to amend Title 17 of the U.S. Code by adding a section related to works that are incorporated by reference:

• Defines "incorporated by reference" to mean that a law references a standard without copying its text directly.
• Requires that standards incorporated by reference remain publicly accessible online at no cost. They must be easily searchable and organized.
• If an organization fails to provide access as required, the burden of proof lies with those asserting non-compliance.

Study on Financial Impact

The bill also mandates that the Comptroller General of the United States conduct a study analyzing:

• The total costs incurred by various government tiers (federal, state, local) to access these standards.
• Financial burdens faced by smaller municipalities due to these access costs.
• The cost-effectiveness of existing mechanisms for acquiring standards.
• The impact of these costs on public services.

A report with findings and recommendations for Congress is to be submitted within two years after the bill's enactment.

Public Access and Copyright Protection

The bill aims to establish a framework that ensures:

• The continued availability of technical standards to the public to enhance understanding and compliance with laws.
• Standards development organizations can maintain their copyright protections while complying with the new access requirements.

Overall Objective

The overall goal of the legislation is to strike a balance between ensuring public access to important technical standards used in laws and preserving the ability of organizations to generate revenue from their development processes.

Relevant Companies

None found.