With reintroduction of ‘Pro Codes Act’, opponents warn of threats to standards development system

With reintroduction of ‘Pro Codes Act’, opponents warn of threats to standards development system

Keith Kupferschmid, Copyright Alliance, reportedly said, “Without effective copyright protections, there is a grave risk that these organizations will no longer be able to produce the high-quality codes and standards that the public and lawmakers have come to rely on”

Opponents of the “Pro Codes Act” are speaking out after its recent reintroduction in the U.S. Senate. The Protecting and Enhancing Public Access to Codes (Pro Codes) Act of 2026 was reintroduced on March 19 by Senators Jon Cornyn, Chris Coons, Mazie Hirono, and Thom Tillis. As per the sponsors of the bill, the legislation “ensures safety standards do not lose copyright protection when they are incorporated into law by name so long as they are accessible for free on a publicly available website.” The Pro Codes Act has been introduced in the House and Senate in several Congresses with no success. According to ASME, the legislation requires that any safety standards referenced in laws or regulations be posted online for free, a requirement that would “force SDOs to give up their copyrights and lose the revenue needed to support the standards-setting process”.

ASME Executive Director and Chief Executive Officer Tom Costabile released a statement on March 31 emphasizing that the legislation poses a risk of untangling the longstanding system that has protected U.S. innovation, safety, and global leadership. The bill could shift control over key standards to foreign adversaries and transfer costs now covered by the private sector onto taxpayers by weakening the financial stability of standards development organizations and eroding established copyright protections. Costabile reportedly said that “rushing this measure forward again without addressing these fundamental flaws is not prudent governance, but rather a gamble with economic strength, national security, and public safety.” He requested Congress to revisit the proposal and pursue a more deliberate and balanced alternative.

Public Knowledge, along with 22 other organizations, continues to warn that limiting access to laws that regulate safety and fire standards could put everyday Americans at risk and raise the cost of accessing basic legal information. The opposition notwithstanding, Copyright Alliance Chief Executive Officer (CEO) Keith Kupferschmid reportedly said, “Codes and standards have always been protected by copyright”. He reportedly said, “Without effective copyright protections, there is a grave risk that these organizations will no longer be able to produce the high-quality codes and standards that the public and lawmakers have come to rely on”.