Overview
Title
An Act To require governmentwide source code sharing, and for other purposes.
ELI5 AI
The SHARE IT Act is like a rule that says people working for the government should share their computer programs with each other, so they can use them too. But if sharing the program could be a secret or risky, they don’t have to share it.
Summary AI
H. R. 9566, titled the “Source code Harmonization And Reuse in Information Technology Act” or the “SHARE IT Act,” aims to promote governmentwide sharing and reuse of source code developed by or for federal agencies. The bill requires agencies to store and make custom-developed code accessible to federal employees, either in public or private repositories, and establishes procedures for ensuring that code and related metadata are publicly accessible. It outlines exemptions for classified or sensitive code and mandates reporting on these exemptions. Additionally, the act instructs the revision of the Federal Acquisition Regulation to align with its provisions, with no additional funding allocated for its implementation.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
The "Source code Harmonization And Reuse in Information Technology Act" or the "SHARE IT Act" is a legislative measure that seeks to enhance the sharing and reuse of software code across U.S. federal agencies. The bill mandates governmentwide source code sharing, aiming to streamline the development and deployment of technology within the federal government. By enforcing government agencies to store and make accessible their custom-developed code, the bill attempts to facilitate collaboration and innovation, leading to more efficient use of government resources.
General Summary
The bill requires that federal agencies store important software code and make it accessible to other government entities. To ensure accountability, the bill mandates that agencies develop policies related to this code sharing, including guidelines for reusing and maintaining the software. The legislation also highlights exemptions where source code is related to national security or could threaten individual privacy. Additionally, it calls for periodic reports to gauge the implementation of these provisions.
Significant Issues
A key issue within the bill pertains to the criteria for exempting certain kinds of source code on the grounds of national security or privacy concerns. This vagueness could lead to over-classification, limiting the transparency and purpose of the bill. Additionally, allowing agency Chief Information Officers to grant discretionary exemptions without structured oversight poses the risk of inconsistent application, undermining the bill's uniform implementation across different agencies. The lack of budgetary allocations necessary for implementation might potentially lead to unfunded mandates, impairing its effectiveness. Moreover, the bill fails to clearly define enforcement mechanisms for non-compliance, which may reduce the efficacy of the mandates.
Public Impact
For the general public, the SHARE IT Act is poised to potentially improve the functionality and efficiency of government services by preventing duplication of software development efforts. Ideally, this could lead to cost savings for taxpayers and more seamless digital interactions with federal agencies. However, without proper enforcement and resources, the expected benefits may not fully materialize. The lack of transparency around which software gets exempted could also limit the accountability that the public expects from government actions.
Stakeholder Impact
Government Agencies: Agencies would be required to overhaul some of their current procedures to align with the new mandates. This might involve significant administrative changes, especially in the absence of additional funding.
Federal Employees and Contractors: For government employees and contractors involved in software development, the Act proposes a more open landscape that encourages collaboration. This might spur innovation but could demand more stringent adherence to standards and reporting practices.
Information Technology Industry: The private sector, including IT firms that engage in government contracts, might face new obligations when developing software for federal agencies, as sharing and reuse rights become a standard requirement.
Privacy and Security Advocates: Given the exemptions tied to privacy and national security, these stakeholders might see both positive and negative implications. While the protection of sensitive data is prioritized, the potential for over-application of exemptions might not align with general advocacy for open government.
In conclusion, the SHARE IT Act seeks to make government software development more transparent and efficient. The success, however, hinges on the effective implementation of its many nuanced provisions, which will require careful oversight and resource allocation to meet its intended goals.
Issues
The criteria for 'classified source code' exemptions in Section 4 may be too vague and could lead to over-classification, reducing transparency and accountability.
The process allowing agency Chief Information Officers to grant discretionary exemptions lacks oversight, risking inconsistent application, as mentioned in Section 4.
Section 3 lacks specific funding sources or budgetary allocations, potentially creating unfunded mandates that hinder implementation.
The phrase 'key technical components of the code' in Section 3 is ambiguous, requiring clarification to ensure consistent interpretation across agencies.
Section 4's 'identifiable risk to the privacy of an individual' is broad and may lead to subjective exemption determinations.
The timeline for revising the Federal Acquisition Regulation in Section 8 could be challenging without clearly allocated priorities or resources.
There are no defined enforcement mechanisms for non-compliance with minimum standard reporting requirements in Section 3, potentially reducing the effect of such measures.
The 'no additional funding' clause in Section 9 could hinder effective implementation by constraining resource availability.
The lack of specific criteria for the GAO report in Section 5 may lead to varying interpretations and make it difficult to assess implementation accurately.
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.