Protecting U.S. Leadership in Codes Development and Enhancing Public Access

The House Judiciary GOP subcommittee held a hearing on April 21, 2026, to discuss the Pro Codes Act, legislation aimed at balancing copyright protections for standards development organizations (SDOs) with public access to building and safety codes incorporated by reference into law. The hearing featured testimony from representatives of major SDOs such as the National Fire Protection Association (NFPA) and the American Society of Mechanical Engineers (ASME), as well as copyright experts and advocates. Key procurement-related issues included the funding model for SDOs, which relies on revenue from copyrighted standards sales, and concerns that weakening copyright protections could jeopardize the development of critical safety standards. The bill proposes to maintain copyright protections while requiring SDOs to provide free, read-only online access to standards incorporated by reference, aiming to preserve public safety and transparency without undermining SDOs' financial viability. The hearing also addressed the challenges posed by inconsistent court rulings on fair use and incorporation by reference, with members seeking legislative clarity to protect both public access and intellectual property rights. No votes were taken during the hearing, but the discussion highlighted the need for a balanced legislative solution to ensure continued development and accessibility of safety codes and standards.