HR1631-118

Reported

To amend title 17, United States Code, to reaffirm the importance of, and include requirements for, works incorporated by reference into law, and for other purposes.

118th Congress Introduced Mar 17, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill requires standards development organizations (SDOs) to make their technical standards freely viewable online when those standards are incorporated into federal, state, or local laws. Currently, citizens often must pay to access the full text of private industry standards that have been made legally binding through reference in government regulations.

Who Benefits and How

The general public and small businesses benefit by gaining free online read-only access to technical standards that have become law. Government agencies benefit from reduced costs and clearer procedures for incorporating standards. Small municipalities particularly benefit as they often lack resources to purchase expensive standards documents.

Who Bears the Burden and How

Standards development organizations (like ANSI, ASTM, NFPA, IEEE) face potential revenue losses as they must provide free online access to standards incorporated into law, though they retain copyright and can still sell print copies and enhanced versions. They must also maintain ADA-compliant websites for public access.

Key Provisions

  • Requires SDOs to make incorporated standards publicly accessible online within 90 days of incorporation into law
  • Preserves copyright protections for SDOs while limiting their ability to restrict public viewing
  • Mandates a GAO study on the financial impact to governments of purchasing access to incorporated standards
  • Establishes that copying, downloading, or printing standards still requires authorization from copyright holders

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Establishes requirements for making privately-developed technical standards that are incorporated by reference into federal, state, and local laws publicly accessible online while protecting the copyright interests of standards development organizations.

Key Policy Areas

Intellectual Property, Government Transparency, Regulatory Policy

Primary Purpose

Establishes requirements for making privately-developed technical standards that are incorporated by reference into federal, state, and local laws publicly accessible online while protecting the copyright interests of standards development organizations.

Policy Domains

Intellectual Property Government Transparency Regulatory Policy

Section 4 - Study of Standards Cost

Identified Gains
Contextual inference, no direct clause citation
  • Federal Government
  • State Governments
  • Local Governments
  • Small Municipalities
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • GAO
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Section 2 - Findings

Identified Gains
Contextual inference, no direct clause citation
  • Standards Development Organizations
  • General Public
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Section 3 - Works Incorporated by Reference

Identified Gains
Contextual inference, no direct clause citation
  • General Public
  • Small Businesses
  • Government Agencies
  • Legal Researchers
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Standards Development Organizations
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Legislative Progress

Reported
Introduced Committee Passed
Jul 22, 2024

Additional sponsors: Mr. Raskin, Ms. Titus, Mr. Nehls, Mr. Moran, …

Jul 22, 2024

Reported with an amendment, committed to the Committee of the …

Mar 17, 2023

Mr. Issa (for himself and Ms. Ross) introduced the following …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Professional Services
5 mentions across 3 clauses
+2 positive -3 negative

Legal researchers and attorneys, Standards Development Organizations (ANSI, ASTM, NFPA, IEEE, etc.), Standards Development Organizations - revenue protection

Standards Development Organizations (ANSI, ASTM, NFPA, IEEE, etc.) faces effects in multiple directions

Positive-direction: Legal researchers and attorneys

Negative-direction: Standards Development Organizations - revenue protection

General Public
2 mentions across 2 clauses
+2 positive

General Public accessing laws and regulations, General Public needing to understand applicable regulations

Government
2 mentions across 2 clauses
+1 positive -1 negative

Federal government agencies incorporating standards, Government Accountability Office

Positive-direction: Federal government agencies incorporating standards

Negative-direction: Government Accountability Office

State & Local Government
2 mentions across 2 clauses
+2 positive

Small municipalities with limited resources, State and local governments incorporating standards

Small Business
1 mention across 1 clause
+1 positive

Small businesses subject to technical regulations

Construction
1 mention across 1 clause
+1 positive

Construction and building trades subject to building codes

Manufacturing
1 mention across 1 clause
+1 positive

Manufacturing companies subject to safety standards

5/5
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Government Transparency Regulatory Policy
Domains
Intellectual Property Government Transparency
Actor Mappings
"register_of_copyrights"
→ Register of Copyrights
Domains
Government Operations
Actor Mappings
"comptroller_general"
→ Comptroller General of the United States (GAO)

Key Definitions

Terms defined in this bill

5 terms
"Circular A-119" §123(a)(1)

OMB Circular A-119 entitled Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities, issued January 27, 2016

"incorporated by reference" §123(a)(2)

With respect to a standard, that the text of a Federal, State, local, or municipal law or regulation references all or part of the standard without copying the text directly into that law

"standard" §123(a)(4)

A technical standard as defined in section 12(d) of the National Technology Transfer and Advancement Act of 1995, or a voluntary consensus standard as used in Circular A-119

"standards development organization" §123(a)(5)

A copyright holder that plans, develops, establishes, or coordinates voluntary consensus standards using procedures with openness, balance of interests, due process, appeals process, and consensus consistent with Circular A-119

"publicly accessible online" §123(a)(6)

Material displayed for review in a readily accessible manner on a public website conforming with ADA section 508 accessibility requirements

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology