Overview
Title
An Act To require governmentwide source code sharing, and for other purposes.
ELI5 AI
The SHARE IT Act wants all government agencies to share their computer programs (called source code) with each other so they can use them too. They can choose to keep some secret for safety reasons, but they have to tell Congress if they're doing a good job sharing.
Summary AI
The SHARE IT Act (H.R. 9566) requires federal agencies to share source code, which is software developed by or for the government, across all agencies to promote reuse and sharing. Each agency must make this code public or private through a controlled repository and ensure that relevant data about the code is accessible. The act also establishes guidelines for exemptions, such as cases involving national security. Additionally, it mandates periodic reporting to Congress to ensure compliance, while stipulating that no additional funding will be provided to carry out its provisions.
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AnalysisAI
The "Source code Harmonization And Reuse in Information Technology Act" (SHARE IT Act) is a legislative proposal aimed at enhancing the way government agencies manage, share, and reuse software code developed within or for the federal government. The bill mandates the sharing of custom-developed code through public or private repositories, seeks to enhance government-wide access to such software, and enforces transparency and accountability by laying down procedures for exemptions and requiring detailed reporting. It targets facilitating collaboration between federal employees and aims to reduce redundant software development efforts.
General Summary
The SHARE IT Act requires that custom-developed software code funded by the federal government or created by federal employees be stored in accessible repositories. In addition, the bill sets deadlines for establishing policies to ensure that metadata related to these codes is publicly available. This is intended to foster reuse and facilitate collaboration while maintaining a level of transparency and accountability through consistent documentation and reporting. Moreover, the bill anticipates challenges regarding software that involves national security, classified information, or privacy risks, by outlining exemptions that provide discretion and oversight to agency Chief Information Officers. The bill also tasks the Comptroller General with assessing its implementation within two years.
Summary of Significant Issues
Several concerns arise from the language and provisions of the SHARE IT Act. A major issue is the vague criteria for what classifies as "classified source code" or code involved in national security, potentially leading to excessive classification and reduced transparency. Similarly, the terms "key technical components of the code" and "best practices" require further definition to ensure consistent implementation across agencies. The bill lacks specific enforcement mechanisms for reporting requirements, meaning there is little accountability for non-compliance. Furthermore, exemptions granted by agency CIOs appear to lack oversight, risking inconsistent application. Finally, the act does not provide additional funding for implementation, potentially overburdening agencies already limited by their budgets.
Impact on the Public
The bill's intent to streamline and optimize software processes within government agencies could have beneficial outcomes, such as cost savings and enhanced efficiency. These efficiency gains eventually have the potential to positively impact public services by redirecting resources to improve services or develop new ones. However, the ambiguous nature of certain definitions and the lack of clear pathways for enforcement may lead to challenges in meeting these goals.
Impact on Specific Stakeholders
Government agencies stand to benefit from increased collaboration and reduced software development costs. However, the lack of designated funding could strain existing resources, as agencies might struggle to adapt to and fulfill new requirements without additional support.
Federal employees, particularly those in information technology departments, might experience an increase in workload due to new requirements for code documentation, storage, and sharing while having to comply with new policies and guidelines. The increased spotlight on sharing might encourage more innovative collaboration but could also heighten concerns about intellectual property and resource allocation.
The public may experience indirect benefits from the SHARE IT Act through more efficient government operations and improvement in federal digital services. Nonetheless, concerns about transparency, particularly surrounding exemptions related to national security and privacy, could affect public trust if such exemptions are perceived as being overused or inconsistently applied.
In conclusion, while the SHARE IT Act aims to create a unified approach to managing federal software development, the success of its implementation rests heavily on its execution across various agencies and clarity in addressing the highlighted issues.
Issues
The criteria for 'classified source code' or source code developed for a 'national security system' in SEC. 4 (a)(1) are vague, potentially leading to over-classification and lack of transparency, which can affect public trust and accountability.
There are no specific enforcement mechanisms or consequences for non-compliance with the 'minimum standard reporting requirements' outlined in SEC. 3 (d)(2), which may reduce the effectiveness and accountability of the bill's provisions.
The lack of funding allocations as stated in SEC. 9 could lead to implementation challenges, potentially resulting in unfunded mandates that strain agencies' existing resources.
The ambiguous terms 'key technical components of the code' and 'best practices' in SEC. 3 need further clarification to ensure uniform application and prevent inconsistent interpretations across agencies, impacting the effectiveness of software reuse.
The process for granting discretionary exemptions by agency CIOs in SEC. 4 (a)(2) lacks detailed oversight, potentially leading to inconsistent application across agencies and affecting the transparency and fairness of the exemption process.
The timeline and expectations for revising the Federal Acquisition Regulation in SEC. 8 are unclear, risking delays or lack of accountability if priorities or resources are not adequately managed.
The definition of 'custom-developed code' in SEC. 2 includes broad exemptions that may create loopholes in accountability, particularly concerning exploratory or disposable code and commercial software.
The 180-day application timeframe in SEC. 7 is not clearly justified, raising questions about its adequacy and appropriateness for preparing and implementing the requirements of the Act.
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.