July 23, 2024

Arlington, Va.— NEMA Senior Vice President of Public Affairs Spencer Pederson today issued the following statement after the House failed to advance the bipartisan Protecting and Enhancing Public Access to Codes Act (Pro Codes Act):

“As a Standards Development Organization (SDO) with a 100-year legacy of developing transparent, rigorous safety standards that benefit communities across the United States, NEMA is extremely disappointed in this House vote. H.R. 1631, sponsored by Rep. Darrell Issa (R-CA) and Rep. Deborah Ross (D-NC), would have ensured copyright protections for SDOs such as NEMA while preserving public access to critical safety standards. Given 56 members of Congress were unable to vote on this legislation yesterday, we strongly encourage House leadership to place this legislation back on the House suspension calendar in the near future.

“For a century, NEMA and other SDOs have developed voluntary, consensus-based codes and standards that guide public safety, lower utility bills, and protect against extreme temperatures. Protecting the intellectual property (IP) for these standards – which are the bedrock of public safety in the built environment – is vital.

“Federal, state, and local governments routinely adopt laws or regulations that require adherence to a particular standard, incorporating the standard into law by referencing it by name. This vote leaves the copyright on a standard vulnerable to be forfeited when it is incorporated by reference in statute, meaning that SDOs would lose the benefit of copyright protection for the standards they develop.

“Opponents of the bill willfully ignore the lengths to which SDOs go to provide free and open access to codes and standards to the general public. The Pro Codes Act strikes the right balance of ensuring people can view the laws, codes, and standards that govern daily life while protecting IP when these codes and standards are used for commercial purposes.

“NEMA will continue to work with lawmakers on bipartisan solutions that protect the IP and copyrights of SDOs and preserve the current public-private partnership model through which federal, state, and local governments depend on privately developed codes and standards to protect public health and safety in the built environment.
“Again, NEMA strongly encourages the House to reconsider the Pro Codes Act in the future when every member of Congress has an opportunity to cast their vote.”