NFPA Handout from House Judiciary hearing

House Subcommittee Reviews Pro Codes Act Legislation

Bipartisan bill aims to protect copyright for safety standards incorporated into law while ensuring public access.

A House Judiciary subcommittee held a hearing this week to discuss the Protecting and Enhancing Public Access to Codes (Pro Codes) Act, a bipartisan bill designed to safeguard the funding model for safety standards.

The legislation, H.R. 4072, addresses a long-standing legal debate regarding standards developed by private, nonprofit organizations. When government agencies "incorporate by reference" these standards into law, such as fire codes or electrical requirements, some groups argue that the standards should lose copyright protection and enter the public domain.

Proponents of the bill, including the National Fire Protection Association (NFPA), argue that maintaining copyright is essential for funding the research and development of these safety protocols. Without the ability to sell and license these standards to professionals, organizations claim they would lack the resources to address emerging threats like lithium-ion battery risks and wildfires.

The Pro Codes Act seeks to clarify that standards retain copyright protection even after being referenced in regulations, provided the developing organizations make the standards available for public viewing for free.

Subcommittee Chairman Darrell Issa, R-Calif., and Rep. Deborah Ross, D-N.C., introduced the House bill. A companion bill was introduced in the Senate by a bipartisan group of lawmakers, including Sens. Chris Coons, D-Del. and John Cornyn, R-Texas.

The hearing examined how the public-private partnership between the government and standards development organizations (SDOs) reduces the financial burden on taxpayers. By using privately developed standards, the government avoids the high cost of creating and updating complex technical regulations from scratch.

The bill now awaits further consideration by the full committee.

About the Author

Jesse Jacobs is assistant editor of OHSOnline.com.

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