On the recordJanuary 17, 2024
ensuring Americans' right to access, read, and understand the law is critical to the functioning of our democracy. Whether text with the force of law is found in statute or regulation or whether it has been incorporated by reference, it is essential that all members of the public have fair and equitable access to the legal standards by which they must abide. Unfortunately, I have concerns that the Protecting and Enhancing Public Access to Codes (Pro Codes) Act would hinder, rather than enhance, the public's access to technical or voluntary consensus standards that have been incorporated into law by reference. This bill explicitly allows standards-setting organizations to require that a member of the public create an account or agree to terms of service as a condition of access. Requiring that an interested party surrender personal information to, or enter into a binding contract with, a private entity in order to read the law raises concerns of privacy and fairness. I am also troubled that the bill lacks robust standards for public accessibility. It does not require standards to be made available in print or in person, and it does not require standards to be searchable, machine-readable, or accessible to persons with disabilities. In this way, the Pro Codes Act risks creating barriers to access for many Americans, including researchers and reporters, those without reliable internet service, and individuals with visual impairments.…





