S. 4145: Protecting and Enhancing Public Access to Codes Act of 2026

This bill, titled the Protecting and Enhancing Public Access to Codes Act of 2026, proposes amendments to copyright law concerning works that are incorporated by reference into federal, state, and local laws or regulations. Here’s a summary of the main points of the bill:

Purpose of the Bill

The primary purpose of the bill is to enhance public access to technical and voluntary consensus standards developed by private organizations, which are essential for various industries and regulatory compliance. The bill acknowledges the role of these standards in promoting innovation, commerce, and public safety.

Key Provisions

• Definitions: The bill provides definitions for important terms such as "incorporated by reference" and "publicly accessible online." This specifies how standards can be utilized in legal texts without including the full document.
• Public Access Requirement: Standards must be made publicly accessible online at no cost. This includes ensuring they are in an accessible format that facilitates easy navigation, such as having a searchable table of contents and index.
• Copyright Protection: Standards that are incorporated by reference will retain their copyright protection as long as the standards development organization makes them available to the public online and fulfills certain conditions.
• Responsibility of Standards Development Organizations: If a standard is incorporated by reference, the respective organization is required to ensure the material is publicly accessible within a reasonable time after notification of its use in legislation.
• Burden of Proof: In legal disputes regarding compliance with the accessibility requirements, the party claiming non-compliance must prove that the standards development organization failed to meet the stipulated obligations.

Background and Rationale

The bill builds on existing policies that encourage the use of voluntary consensus standards by government entities. It recognizes that many standards-developing organizations provide their standards for free or at minimal cost while still sustaining their revenue through sales and subscriptions for more detailed access. This supports the creation and updating of standards necessary to respond to technological advancements and public health needs.

Objective of the Bill

Overall, the bill aims to strike a balance between protecting the copyrights of standards development organizations and ensuring public access to critical standards. The intent is to aid in the continuous development of standards that can effectively address the needs of the public and industry.

Relevant Companies

• ANSI (American National Standards Institute) – As a major standards development organization, ANSI may need to adapt its practices to comply with the bill's public access mandates.
• ISO (International Organization for Standardization) – The ISO's dissemination of standards may change based on new accessibility requirements laid out in the bill.
• SAE International – This organization produces global standards in various sectors; it could be affected by the bill's provisions regarding access and copyright protection.