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Bill Summary • S 4145

S 4145 – Pro Codes Act of 2026

(Short Title: “Protecting and Enhancing Public Access to Codes Act of 2026” or “Pro Codes Act of 2026”)

Purpose

The bill seeks to reinforce the public’s right to read technical and voluntary consensus standards that are incorporated by reference into federal, state, or local laws and regulations. It balances that right against the need for standards‑development organizations to maintain copyright protection and revenue streams.

Key Provisions

Section What it Does Why It Matters
§ 1 – Short Title Provides the two possible official citations. Clarifies how the Act will be referenced in future statutes.
§ 2 – Findings Summarizes Congress’s rationale: benefits of voluntary consensus standards, their cost‑free value, and the need for public access. Establishes the legislative context and supports the Act’s intent.
§ 3a – Definitions Adds precise meanings for: • Circular A‑119 (OMB guidance), • incorporated by reference, • publicly accessible online, • standard (technical or voluntary consensus), • standards‑development organization. Eliminates ambiguity about which documents and entities the Act targets.
§ 3b – Standards Incorporated by Reference • A standard that is incorporated by reference remains under copyright protection even if not copied into law.• After notice that a standard has been incorporated by reference, the standards‑development organization must, within a reasonable period, make all portions publicly accessible online at no monetary cost, and in a searchable format (table of contents, index, etc.). • The requirement does not affect the standard’s copyright status. Guarantees that the public can read the current, accurate version of the standard without paying, while preserving the organization’s ability to charge for printed copies.
§ 3c – Burden of Proof If a party claims a standards‑development organization failed to comply, that party must prove the non‑compliance; the burden does not shift to the organization. Protects organizations from unfounded legal challenges and encourages swift compliance.
§ 3b(iii) – “Publicly Accessible Online” Only requires that no monetary cost or collection of personal data be imposed, and that the site meets Section 508 accessibility standards. Allows for accounts or terms of service, provided they do not create cost or privacy barriers.
§ 3b(IV) – Table of Sections Adds the new section to § 123 of Title 17. Codifies the requirement into U.S. copyright law.

Parties Affected

Stakeholder Impact
Standards‑Development Organizations (e.g., ANSI, ASTM) Must provide free, searchable online copies of standards after incorporation by reference; must maintain copyright protection and revenue from printed or subscription copies.
Federal Agencies Clarifies the standards they can incorporate; must provide required access if a standard is incorporated.
State, Local, Municipal Governments Must comply with the same online‑access requirement when incorporating standards into statutes or regulations.
Industry & Professionals Can access up‑to‑date standards at no cost, aiding compliance and innovation.
General Public Gains direct, no‑cost access to standards that influence regulations affecting their safety and commerce.

Legislative Status (as of 2026‑03‑19)

  • Introduced: 19 March 2026 by Senators John Cornyn, Mazie K. Hirono, Thomas R. Tillis, and Christopher A. Coons.
  • Read twice: 19 March 2026.
  • Referred to: Senate Committee on the Judiciary.

— Companion Bills: HR 4072 & HR 4009 (House).

— Next Steps: Committee mark‑up, hearing, and vote; potential amendments from either chamber.

Potential Impact

Area Effect
Transparency Public can review standards that directly shape regulations, fostering accountability.
Innovation & Commerce Easier access to standards may reduce development costs for manufacturers and service providers.
Legal & Copyright Maintains copyright protection for incorporated standards while providing a clear compliance path for disclosure.
Administrative Burden Standards organizations must set up or upgrade online repositories; agencies must update records documenting incorporation‑by‑reference events.
Accessibility Enforcement of 508 compliance ensures that federal disability‑access requirements extend to standards content.

Bottom Line

The Pro Codes Act of 2026 formalizes a requirement that any standard incorporated into U.S. law or regulation must be freely viewable online in an accessible format. It protects the intellectual‑property rights of standards‑development organizations while enhancing public access to the technical specifications that underpin federal, state, and local governance. The bill is currently under committee consideration in a joint effort to improve transparency and accountability in the standards‑development process.

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Key Provisions Impacts Timeline
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