BATES: Congress Should Reject Democrat's 'PRO CODES Act'


Any bill that limits access to Critical Safety Guidelines is simply irresponsible.

By Justin Bates

WASHINGTON, D.C. (Texas Insider Report) — The "PRO CODES Act" (S.835) by Democrat Delaware Senator Chris Coons is a bill currently before Congress that could have a profound and negative impact on the general public's access to essential legal information. The bill would grant "Copyright Protection" to technical standards and guidelines incorporated into our nation’s laws. While it may sound like a minor adjustment to copyright law, its consequences would kill jobs and be far-reaching threatening public access to the law, hindering civic engagement, and undermining public safety.

At the core of the PRO CODES Act is a proposal to expand the copyright powers of Standard Development Organizations (SDOs) – such as the International Code Council (ICC), which creates Building & Safety Codes nationwide.

These codes are embedded in laws that govern public safety and infrastructure.

Under Sen. Coons's bill, Standard Development Organizations (SDOs) would be able to copyright these technical standards, meaning they could control access to the very guidelines referenced in laws. Although SDOs would be required to make the codes “publicly accessible” online, the reality is, this access would be restricted to those who can afford to pay.

The consequences of such a restriction would extend far beyond mere inconvenience.

Builders, tradespeople, and homeowners depend on access to these codes to ensure their projects meet legal and safety standards. By essentially putting these codes behind a paywall, the PRO CODES Act could endanger public health and safety.

Without access to up-to-date standards, mistakes and accidents are more likely to occur, particularly in construction and public infrastructure projects.

A bill that limits access to critical safety guidelines is simply irresponsible.
 
Copyrighting these materials would privatize the law, giving private companies control over public knowledge. This would restrict people’s – and so many of the nation's Small & Independent Businesses – the ability to access, share, and discuss the very documents that shape public life.

The bill also disproportionately affects individuals and communities that rely on technical standards to carry out necessary repairs or modifications to their property.

For example:
 
  • DIYers & Handymen who need access to Building & Safety Codes would be impacted.
    • Many of these individuals are not able to afford the fees associated with accessing these codes, effectively stripping them of their right to repair and maintain their own property.
  • The bill would place an unnecessary financial burden on those seeking to ensure that their repairs meet legal requirements.
Overall, the "PRO CODES Act" represents a dangerous shift toward privatizing public law.

By restricting access to the very codes that shape our legal system, the bill undermines the public’s ability to engage with, and challenge the law. It places barriers in front of individuals and organizations that need these codes to ensure safety and compliance – and it prioritizes profits over public well-being.
 
The laws that govern Building Compliance & Safety should remain free to ensure that the public can engage with the legal system, participate in democratic processes, and hold the government accountable.

Congress should reject the PRO CODES Act and reaffirm its commitment to keeping the law accessible to all citizens, free from the influence of private entities.

The law belongs to the people and must remain open and available – to anyone who needs it.













 
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