Overview

Title

To require governmentwide source code sharing, and for other purposes.

ELI5 AI

The "SHARE IT Act" is a plan that wants all the U.S. government teams to share their special computer programs with each other to help them work better and save money, but it doesn't give them any extra money to do it. They have to make sure this sharing is safe and doesn't give away any secrets.

Summary AI

S. 3594, introduced in the Senate and known as the "SHARE IT Act," requires the U.S. government to share custom-developed software code across federal agencies to improve efficiency, reduce costs, and enhance security. The bill mandates that each agency makes its code accessible within public or private repositories, while also establishing policies to ensure proper management and sharing. Exceptions apply to classified information or situations where sharing would pose a privacy risk. Additionally, the bill outlines accountability and reporting requirements, including regular updates to Congress on the implementation status.

Published

2024-01-16
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-01-16
Package ID: BILLS-118s3594is

Bill Statistics

Size

Sections:
9
Words:
3,020
Pages:
17
Sentences:
60

Language

Nouns: 923
Verbs: 248
Adjectives: 158
Adverbs: 54
Numbers: 92
Entities: 111

Complexity

Average Token Length:
4.55
Average Sentence Length:
50.33
Token Entropy:
5.37
Readability (ARI):
28.55

AnalysisAI


The United States Senate introduced a bill titled the "Source Code Harmonization And Reuse in Information Technology Act" or the "SHARE IT Act" on January 16, 2024. This bill mandates that federal agencies share custom-developed software code to promote efficiency, reduce duplication of efforts, enhance security, and foster innovation in government technology. Despite its promising goals, several issues and potential impacts need consideration.

General Summary of the Bill

This proposed legislation requires federal agencies to store their custom-developed software code in repositories accessible to other federal entities. It aims to prevent wasteful duplication of software development, improve cost efficiency, enhance security, and provide greater transparency. The bill requires agency Chief Information Officers (CIOs) to develop policies for effective code management and sharing and urges the Federal Chief Information Officer to set a regulatory framework to ensure compliance and monitor reuse. Notably, this bill does not allocate additional funding for these activities, emphasizing cost-neutral implementation.

Significant Issues in the Bill

  1. Exemption Guidelines: The bill lacks detailed guidelines for determining when an agency's software can be exempt from sharing, creating potential inconsistencies and accountability issues.

  2. Security Risks: There is a lack of clear mechanisms to protect sensitive information within shared codebases, raising concerns about potential security vulnerabilities.

  3. Repository Storage Ambiguities: The distinctions between public and private repositories are not explicit, potentially leading to confusion over where and how software should be stored, affecting transparency and security.

  4. Resource Strain: The requirements for agencies to have extensive metadata sharing and repository management might burden smaller agencies, which may lack the resources to fulfill these obligations within the specified timelines.

  5. Funding and Implementation: Without additional funding, the implementation of this bill could strain existing resources, and the lack of specific guidance might lead to varied interpretations of the bill's requirements across federal agencies.

Impact on the Public and Stakeholders

Broad Public Impacts:

The public could significantly benefit from this bill through enhanced government transparency and improved inter-agency cooperation, potentially leading to more efficient use of taxpayer funds. Shared access to custom-developed code might streamline government operations, resulting in better public services.

Impact on Stakeholders:

  • Federal Agencies and Employees: Agencies may enjoy reduced costs and improved access to existing software solutions. However, they might face challenges related to increased workload and resource allocation, particularly for ensuring compliance with the bill's mandates in the absence of additional funding.

  • Technology Contractors: While the bill may open avenues for innovation and collaboration, it could also complicate contractual norms by mandating government-wide software rights, impacting the development process and intellectual property considerations.

  • Government Oversight Authorities: Oversight entities might be tasked with ensuring compliance and effectiveness of the SHARE IT Act, potentially reinforcing accountability and enhancing oversight over federal IT expenditures.

In conclusion, while the SHARE IT Act sets ambitious goals for technological efficiency and transparency across federal agencies, the absence of detailed guidelines, security mechanisms, and additional resources poses significant challenges. While stakeholders may find value in increased cooperation and shared resources, they might also grapple with administrative and implementation hurdles. Careful consideration of these issues will be crucial to achieving the bill's intended outcomes without inadvertently adding burdens to already stretched federal resources.

Financial Assessment

The "SHARE IT Act" (S. 3594) introduced in Congress mandates the sharing of custom-developed software among federal agencies to improve efficiency and reduce costs. Despite its ambitious goals, the bill notably does not authorize additional funding to support its implementation, as specified in Section 9. This lack of financial backing raises several potential concerns and challenges.

Financial Aspects and Their Implications

1. Lack of Additional Funding (Section 9)

The bill's explicit mention that no additional funds are authorized to be appropriated for implementation signifies that agencies must manage the new requirements within their existing budgets. This provision is particularly significant given the broad scope of the bill, which demands substantial changes in how agencies handle software development and sharing.

  • Implication on Resources: Without additional financial resources, agencies may struggle to update their infrastructure or processes to comply with the new mandates. Smaller agencies, in particular, may find it challenging to meet the bill's requirements without new funding, potentially leading to delayed implementation or increased strain on current resources.

2. Unrealistic Metadata Sharing Timelines (Section 4)

The bill requires agency heads to ensure that the metadata for custom-developed code is made publicly accessible within 210 days of the enactment of the Act. This timeframe might be tight, especially for agencies with limited technical expertise or those that are already resource-constrained.

  • Potential for Implementation Delays: If agencies cannot hire new staff or invest in necessary technology due to funding constraints, they may face issues meeting these deadlines, leading to inconsistent application and possible non-compliance with the metadata sharing mandate.

3. Challenges in Infrastructure Development (General Considerations)

The Act expects agencies to develop or enhance repositories that can store and manage their custom-developed code effectively. This development could involve significant costs—costs that must be absorbed by the agencies themselves, given the absence of additional appropriated funds.

  • Increased Demand on Existing Budgets: This unfunded mandate might compel agencies to redirect funds from other projects or initiatives, potentially affecting their overall operational effectiveness and leading to a reallocation issue within their existing financial plans.

Conclusion

Overall, while the objectives of the "SHARE IT Act" aim to foster efficiency, reduce duplication, and enhance security in federal IT operations, the lack of new financial appropriations to support these initiatives presents a significant hurdle. Agencies will need to carefully evaluate how they can implement the bill's requirements within their current budgets, possibly prioritizing certain tasks or seeking efficiencies elsewhere to meet the new obligations. This aspect of the bill could lead to varying levels of compliance and effectiveness across different agencies, depending on their existing financial health and resources.

Issues

  • The bill lacks specific guidelines and criteria for the Chief Information Officer when determining exemptions under Section 5. This could lead to inconsistent application across agencies, potentially creating transparency and accountability issues.

  • The absence of clear mechanisms in Section 2 to safeguard sensitive information in shared codebases could lead to security vulnerabilities. Without robust measures, sensitive government software might be at risk of exposure.

  • The requirement in Section 4 for agency heads to ensure custom-developed code is stored in at least one public or private repository could lead to ambiguous interpretations, impacting security and transparency. Clarity is needed on criteria for choosing between public versus private repositories.

  • The Section 4 mandate for extensive metadata sharing within 210 days might be unrealistic for all agencies, potentially leading to delayed implementation, inconsistent application, or resource strain, especially for smaller agencies with limited technical expertise.

  • Section 6 lacks specific details on the 'best practices and uniform procedures' that the Office of Management and Budget should issue, which could result in inconsistencies in how different agencies interpret and apply the bill's requirements.

  • The bill in Section 2 suggests that all federally funded code should be shared publicly, but does not address situations involving proprietary or sensitive information, potentially leading to conflicts with existing laws or operational protocols.

  • The bill in Section 9 does not authorize additional funding to support the implementation of its provisions, which could lead to resource constraints and challenges for agencies needing to develop the necessary infrastructure and processes to comply with the bill.

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. Findings; Purpose Read Opens in new tab

Summary AI

Congress finds that federal agencies often duplicate efforts when creating software, which wastes resources and money. To solve this, they propose a law requiring agencies to share custom-developed software to improve efficiency, enhance security, and allow public oversight, while also encouraging the use of engineering best practices across agencies.

3. Definitions Read Opens in new tab

Summary AI

The section defines key terms used in the Act, such as "agency," which refers to the meaning in a specific U.S. Code section, and "custom-developed code," which includes government-funded or employee-created software but excludes experimental and off-the-shelf code. It also clarifies terms like "Federal Chief Information Officer," "metadata," "private repository," "public repository," and "software."

4. Software reuse Read Opens in new tab

Summary AI

The section outlines requirements for sharing custom-developed software code by federal agencies, including ensuring such code is available in accessible repositories, acquiring rights for government-wide access and modification, and making metadata publicly available. Additionally, it mandates the development of agency policies by Chief Information Officers to manage these processes, while the Federal CIO is tasked with establishing review frameworks and reporting requirements to ensure compliance and assess reuse of code across the government.

5. Scope and applicability Read Opens in new tab

Summary AI

The section describes how the Act applies only to new custom-developed code created by federal employees or through certain contracts issued at least 180 days after the Act becomes law. It also explains exemptions, noting the Act does not cover code associated with national security or when sharing the code poses legal, regulatory, or privacy risks.

6. Guidance Read Opens in new tab

Summary AI

The Director of the Office of Management and Budget is required to provide guidance to ensure that all government agencies follow the same best practices and procedures as outlined in section 4(d) of this Act.

7. GAO report on information technology practices Read Opens in new tab

Summary AI

The section outlines requirements for the Comptroller General to present two reports to Congress. The first report, due within one year, assesses issues like repetitive software purchases and barriers to cloud use in agencies. The second report, due in two years, evaluates how the Act has been implemented and may include other relevant topics.

Money References

  • (a) Initial report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an assessment of— (1) duplicative software procurement across and within agencies, including estimates of the frequency, severity, and dollar value of the duplicative software procurement; (2) barriers to agency use of cloud-based platforms for software development and version control and how to address those barriers; (3) how source code sharing and open-source software collaboration can improve cybersecurity at agencies; and (4) other relevant matters, as determined by the Comptroller General of the United States.

8. Rule of construction Read Opens in new tab

Summary AI

This section clarifies that the Act does not require sharing information or records that are already protected from public disclosure under the Freedom of Information Act.

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.