Overview
Title
An Act To require governmentwide source code sharing, and for other purposes.
ELI5 AI
The "SHARE IT Act" is a new rule that says government workers should share the computer code they create, a bit like sharing toys at school, so other workers can use it too. Some secret codes stay hidden to keep us safe, and the rule doesn’t need extra money to start.
Summary AI
H.R. 9566, also known as the "Source code Harmonization And Reuse in Information Technology Act" or the "SHARE IT Act," aims to promote governmentwide sharing of source code. It mandates that federal agencies must make their custom-developed software code available in repositories, accessible to federal employees, and maintain public access to related metadata. The bill outlines specific exemptions for national security-related code and provides a framework for agencies to report on shared code and granted exemptions. It also ensures that revising Federal Acquisition Regulations aligns with the Act and requires no additional funding.
Published
Keywords AI
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AnalysisAI
The "Source code Harmonization And Reuse in Information Technology Act" or "SHARE IT Act," proposed as H.R. 9566 during the 118th Congress, is designed to promote transparency and efficiency within federal agencies by mandating the sharing of custom-developed software code. It requires government agencies to store this code in accessible repositories and establish policies for managing its use and reuse. Additionally, the Act imposes guidelines for maintaining and reporting on the use of this code to ensure accountability.
Summary of Significant Issues
Transparency and Exemptions
The Act aims to increase transparency by allowing software code to be shared across government entities and potentially with the public. However, the allowance for exemptions, particularly in relation to national security and privacy concerns, poses challenges. The definitions of "classified source code" and "national security system" lack clarity. This vagueness offers broad discretion to agencies, which could result in over-classification and reduced transparency—an issue that warrants further scrutiny to ensure balance between openness and security.
Funding and Compliance Challenges
A notable issue is the absence of specified funding sources or budgetary allocations to support its implementation. This could present agencies with unfunded mandates, as they might lack the resources for compliance. Furthermore, the lack of explicit enforcement mechanisms or consequences for failing to meet reporting standards might undermine the Act's effectiveness. Without accountability measures, the desired transparency and efficiency improvements may not be fully realized.
Potential for Loopholes
The definition of "custom-developed code" excludes exploratory or commercially available software, which could create loopholes in accountability. Such broad exclusions need tighter definitions to prevent potential circumvention of the Act's objectives, especially in the context of open source contributions and government contracting.
Public and Stakeholder Impact
General Public
For the general public, the SHARE IT Act holds promise for enhancing government transparency and accountability in technology use. By increasing shared access to custom-developed software, it facilitates oversight and potentially allows the public to benefit from technological innovations developed with taxpayer dollars. However, the effectiveness of these benefits hinges on the resolution of transparency and funding issues.
Federal Agencies
Federal agencies stand to gain from improved efficiency through shared software resources, which can help reduce redundancy and foster innovation. However, without additional funding or detailed enforcement clauses, agencies might struggle to effectively comply with the Act's requirements, which could strain existing resources.
Software Developers and Contractors
For developers and contractors engaged in government projects, the Act could provide both opportunities and challenges. On one hand, increased transparency might drive demand for standardized, reusable code. On the other, the possibility of loopholes in definitions and exemptions could complicate contractual agreements and intellectual property rights.
Privacy and Security Advocates
Stakeholders focused on privacy and national security might express concerns about the Act's broad exemption clauses and the potential for inconsistent application of privacy protections. While the intention is not to compromise sensitive information, these stakeholders would likely call for stronger, clearer guidelines to prevent privacy invasions and safeguard national security.
In conclusion, while the SHARE IT Act seeks to foster greater transparency and improve the efficiency of governmental operations through shared technology resources, its success will depend heavily on addressing significant issues related to exemptions, funding, compliance, and accountability. Each stakeholder group has unique concerns and potential benefits, which must be carefully balanced to maximize the Act's positive impact.
Issues
The criteria for exemptions described in Section 4 are vague and potentially problematic. The terms "classified source code" and "national security system" are not clearly defined, which could lead to excessive secrecy and reduced transparency. This could be particularly controversial as it touches upon national security and public accountability.
Section 3 fails to specify funding sources or budget allocations necessary for the implementation of its mandates, thus possibly creating unfunded mandates for agencies. The lack of clear financial planning could hinder the effective deployment of the Act.
The bill does not provide explicit enforcement mechanisms or consequences for non-compliance with the 'minimum standard reporting requirements' in Sections 3 and 5. This lack of accountability could undermine the Act's effectiveness and public trust in government transparency efforts.
The definition of 'custom-developed code' in Section 2 includes broad exclusions such as exploratory or disposable code and commercially available software, which may create loopholes in open source accountability. This could have legal implications for government contracting and open-source contributions.
The lack of detailed guidance for exemptions under 'identifiable risk to the privacy of an individual' in Section 4 may lead to inconsistent application across agencies, potentially affecting personal privacy and sparking ethical and legal debates surrounding data protection.
The timeline for report submission in Section 5 is set at 'not later than 2 years,' which could significantly delay critical assessment and adjustments to the Act's implementation, prolonging any inefficiencies or negative impacts caused by the legislation.
Section 8's requirement for revising the Federal Acquisition Regulation within a year is ambiguous without specific guidance, potentially leading to differing interpretations and inconsistencies across federal agencies.
The definition of 'metadata' in Section 2 lacks requirements for keeping the information up-to-date, which could lead to outdated or incomplete public records, impacting transparency and accountability.
The absence of additional funding authorization as stated in Section 9 may pose financial challenges for agencies required to comply with the Act's mandates, influencing its execution and effectiveness.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this Act states that its official short title is the "Source code Harmonization And Reuse in Information Technology Act" or simply the "SHARE IT Act."
2. Definitions Read Opens in new tab
Summary AI
The section outlines definitions for terms used in the bill, including "agency," which refers to a unit within the federal government, "custom-developed code," which is code created by federal employees or through federal contracts, and describes details about metadata, software repositories, and software, all with specific criteria for each definition.
3. Software reuse Read Opens in new tab
Summary AI
The section outlines requirements for federal agencies to store and share custom-developed software code in repositories, ensuring it is accessible to federal employees and owned by the agency. It also mandates accountability measures, including the establishment of policies and reporting requirements to track software reuse, maintenance, and exemptions, as well as guidance on best practices for code sharing and public accessibility of metadata.
4. Exemptions Read Opens in new tab
Summary AI
Congress included exemptions in this bill for certain types of source code that relate to national security, intelligence, or other sensitive areas. The Chief Information Officer of each agency can also grant limited exemptions when necessary, and annual reports to Congress are required to explain which exemptions were used and why.
5. Gao report Read Opens in new tab
Summary AI
The section requires the Comptroller General of the United States to submit a report to Congress within two years of the Act's enactment. This report should assess how the Act has been put into action.
6. Rule of construction Read Opens in new tab
Summary AI
The rule of construction in this section states that nothing in the Act should be interpreted as requiring the release of information or records that are protected from public disclosure by the Freedom of Information Act.
7. Application Read Opens in new tab
Summary AI
This section explains that the law applies to software code either created or changed by a government employee at least 180 days after the law is enacted, or through a contract given at least 180 days after the law's enactment.
8. Revision of Federal Acquisition Regulation Read Opens in new tab
Summary AI
The section requires that the Federal Acquisition Regulation be updated within one year to align with the new rules and requirements set out in this law.
9. No additional funding Read Opens in new tab
Summary AI
The section states that no extra money will be given to finance the execution of this Act.