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H.R. 6769House117th Congress (2021-2023)In Committee

Pro Codes Act

Sponsored by Theodore E. DeutchRep. Theodore E. Deutch (D-FL)
Introduced February 18, 2022

AI-Generated Summary

Updated February 8, 2026 at 9:33 AM UTC

The Protecting and Enhancing Public Access to Codes Act amends copyright law to require that any copyrighted work that is incorporated by reference into federal, state, or municipal law be made available to the public online at no cost. The rule applies to copyright owners of such works and aims to improve public access to legal codes. It also sets procedural rules for enforcing the requirement.

Key Provisions

  • Copyright owners must post the full work (or the portion used) on a publicly accessible website for free viewing when the work is incorporated by reference into any law or regulation.
  • The party alleging non‑compliance bears the burden of proving that the owner failed to provide the required free electronic access.
  • The provision does not conflict with existing transparency requirements under the DATA Act.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

Judiciary Committee

February 18, 2022

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HouseIntro Referral

Introduced in House

February 18, 2022

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

February 18, 2022

Bill Text

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Introduced in HouseIssued February 18, 2022

I

117th CONGRESS

2d Session

H. R. 6769

IN THE HOUSE OF REPRESENTATIVES

February 18, 2022

Mr. Deutch (for himself and Mr. Issa) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 17, United States Code, to include requirements for works adopted by reference into law, and for other purposes.

1.

Short title

This Act may be cited as the Protecting and Enhancing Public Access to Codes Act or the Pro Codes Act.

2.

Works Incorporated by Reference into Law

Chapter 1 of title 17, United States Code, is amended by adding at the end the following new section:

123.

Works Incorporated by Reference into Law

(a)

Work incorporated by reference into law or regulation

An original work of authorship otherwise subject to protection under this title that has been adopted or incorporated by reference, in full or in part, into any Federal, State, or municipal law or regulation, shall retain such protection only if the owner of the copyright makes the work available at no monetary cost for viewing by the public in electronic form on a publicly accessible website in a location on the website that is readily accessible to the public.

(b)

Burden of proof

In any cause of action in which a party asserts that the owner of a copyright has failed to comply with the requirements of subsection (a), the burden of proof shall be on the party making such an assertion to prove that the owner of the copyright has failed to comply.

(c)

Transparency

Nothing in this section shall be construed as inconsistent with the requirements for transparency in Federal expenditure information as set forth in the DATA Act (Public Law 113–101; 31 U.S.C. 6101).

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