Overview
Title
To require governmentwide source code sharing, and for other purposes.
ELI5 AI
The SHARE IT Act wants government agencies to share computer codes they make so they don't have to start from scratch every time, which can save time and money. But, the law needs to be careful that the important secrets stay safe, and it doesn’t give extra money to help with these changes, which might make it tricky for big agencies to do everything just right.
Summary AI
The SHARE IT Act, introduced in the 118th Congress, aims to improve efficiency and reduce costs in the Federal Government by requiring agencies to share custom-developed software code. The bill seeks to minimize duplication of software efforts, enhance technological compatibility, and improve security by encouraging collaboration and reuse of best practices. It mandates that federal agencies make their custom software code accessible through public or private repositories while allowing certain exemptions for national security or privacy concerns. Additionally, the Act outlines responsibilities for agency Chief Information Officers and establishes reporting requirements to ensure compliance and evaluate effectiveness.
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AnalysisAI
General Summary of the Bill
The proposed legislation, titled the "Source code Harmonization And Reuse in Information Technology Act" or the "SHARE IT Act," aims to streamline the use and sharing of software developed by federal agencies. The bill mandates that federal agencies share their custom-developed software across the government to enhance efficiency, reduce redundancy, and foster innovation. It outlines requirements for federal agencies to share such software in public or private repositories and establishes guidelines for procuring software, including the acquisition of government-wide rights. This legislation seeks to promote public accountability by making certain software publicly accessible, while accounting for necessary security considerations.
Summary of Significant Issues
Several significant issues have emerged in connection with this bill:
Lack of Specific Implementation Details: The bill does not thoroughly explain how the sharing and management of custom-developed code will be executed across agencies. The lack of detailed oversight mechanisms could hinder accountability and potentially affect the bill's effectiveness.
Security Concerns: The requirement for certain source code to be publicly accessible raises security concerns, especially concerning sensitive government information. Strategies for maintaining security amidst this transparency are insufficiently detailed.
Ambitious Timelines: The timelines for implementing the bill's requirements may be overly ambitious, particularly for larger agencies, potentially leading to rushed implementations or inconsistencies.
Vague Language: The use of broad terms such as "best practices" and "identifiable risk to individual privacy" could lead to varied interpretations and uneven application among different government agencies.
Exemption Discretion: The provision allowing agency Chief Information Officers to exempt certain projects from the act could result in inconsistent application, reducing transparency and accountability.
Funding Concerns: The absence of additional funding provisions could strain agencies financially, as they would need to comply with the bill's mandates without supplemental resources.
Broad Impact on the Public
Broadly speaking, the public could benefit from the SHARE IT Act through increased transparency and accountability in government operations. By allowing public access to certain software funded by taxpayer dollars, the legislation encourages scrutiny and promotes innovation. Furthermore, the promise of more efficient government operations could potentially lead to cost savings that benefit taxpayers.
However, the public must also consider potential risks. The act's requirements could inadvertently expose sensitive information, potentially compromising national security or individual privacy. This risk necessitates rigorous oversight mechanisms to protect against these vulnerabilities.
Impact on Specific Stakeholders
Federal Agencies: Agencies may experience both positive and negative impacts. On the positive side, the legislation could facilitate collaboration and innovation, sharing resources and expertise across agencies. However, agencies may face challenges regarding the allocation of resources, as the bill does not provide additional funding, and around implementing strict timelines and security protocols without comprehensive guidance.
Government Employees: Employees involved in software development and management might need to adapt to new processes and adhere to stricter guidelines. While this could foster innovation and skill development, it might also increase workloads and result in stress due to the swift timelines and resource constraints.
Private Contractors: The requirement for government-wide rights in procurement contracts may change how private contractors negotiate terms with the government, potentially impacting their business strategies and intellectual property rights.
General Public: The general public could benefit from more transparent access to government-funded software, fostering innovation and public trust. However, concerns about data security and privacy must be addressed to prevent any inadvertent negative consequences.
In summary, while the SHARE IT Act has the potential to enhance governmental transparency and efficiency, the implementation details and security measures require further clarification to ensure a positive impact across all stakeholders involved.
Financial Assessment
The SHARE IT Act aims to enhance the efficiency and security of federal software development practices through governmentwide source code sharing. While the bill outlines procedures for implementing this initiative, it notably states that no additional funds are authorized to be appropriated to carry out this Act. This lack of new funding allocations could lead to significant challenges in practice.
Financial Considerations and Resource Strains
One of the primary financial implications of the SHARE IT Act is the potential strain on resources within federal agencies. The requirement for these agencies to comply with comprehensive new mandates without the provision for additional funding might stretch their current budgets. This constraint becomes particularly evident when considering the extent of infrastructure needed to manage software repositories and the staffing efforts required to ensure compliance. Given the act's emphasis on using existing procedures and systems, agencies might be compelled to redirect resources from other projects or initiatives, possibly affecting their performance.
Compliance and Reporting Costs
The Act mandates detailed compliance and reporting requirements. Sections 4 and 5 require agencies to develop and implement new policies and frameworks to facilitate code sharing and exemptions reporting. Implementing these changes entails administrative efforts and could incur additional operational costs related to training personnel, upgrading systems, and ensuring continual security auditing of repositories, all without any additional budget allocation. This is further compounded by the issue that these activities must occur within specified timelines which might be challenging for larger agencies to meet without adequate resources.
Ambiguities and Cost Implications
Given the vague language identified in certain sections of the bill, such as the definitions of "best practices" and "identifiable risk to individual privacy," agencies may face inconsistent interpretations that lead to varied implementation strategies. This inconsistency may necessitate additional expenditures to resolve compliance discrepancies and ensure a unified implementation approach across all federal entities.
Conclusion
In summary, the financial approach of the SHARE IT Act highlights significant challenges due to its lack of direct funding provisions. Agencies must navigate the complex landscape of implementing new procedures and policies with existing resources, which could lead to potential inefficiencies or delays. Furthermore, the burden of administrative and compliance costs will need to be absorbed internally by each agency, raising concerns about whether the Act's objectives can be fully realized within the proposed framework.
Issues
The lack of specific implementation details and oversight mechanisms for the sharing and management of custom-developed code across agencies (Sections 2, 4, and 5). The lack of clarity raises concerns about accountability and effectiveness in achieving the bill's goals.
Potential security vulnerabilities due to the mandatory public sharing of certain government-funded source code (Sections 2 and 5). There is insufficient clarity on how sensitive information will be safeguarded during this process.
The timeline for agencies to implement the requirements of this bill might be too ambitious, particularly for large agencies, and could lead to rushed implementations or inconsistencies (Section 4).
The vague language and definitions in certain sections (such as 'best practices' and 'identifiable risk to individual privacy') may lead to inconsistent interpretations and applications across different agencies (Sections 2, 4, 5, and 6).
The provision for discretionary exemptions by agency Chief Information Officers could lead to inconsistent application of the law, potentially undermining transparency and accountability (Section 5).
The absence of additional funding provisions might lead to resource strains for agencies required to comply with the bill's mandates without clear financial support (Section 9).
The bill extensively references existing U.S. Code and regulations without providing context, making it difficult for those outside the legal field to understand potential impacts and compliance requirements (Sections 3 and 8).
The requirement for agencies to report exemptions and other compliance-related information may lead to insufficiently detailed or inconsistent reporting practices, affecting transparency and oversight (Section 5).
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.
1. Short title Read Opens in new tab
Summary AI
This section gives the official name of the law, which is the "Source code Harmonization And Reuse in Information Technology Act" or the “SHARE IT Act”.
2. Findings; Purpose Read Opens in new tab
Summary AI
Congress acknowledges that different federal agencies often create similar software solutions, which can waste resources and increase costs. To improve efficiency, security, and innovation, Congress aims to pass a law that requires agencies to share custom software code, allowing them to leverage each other's work, promote interoperability, and encourage best practices while also ensuring transparency and public trust.
3. Definitions Read Opens in new tab
Summary AI
In this section of the act, definitions for several terms are provided: "agency" refers to what is defined in a certain section of the U.S. Code; "appropriate congressional committees" lists specific committees in the Senate and the House; "custom-developed code" details the types of source code produced or funded by the federal government, and specifies what is not included; "federal employee" has its meaning based on a section in the U.S. Code; "metadata" for custom-developed code includes information on contracts and repositories; the terms "private repository" and "public repository" explain software storage locations with different access levels; "software" refers to a defined term in federal regulations; and "source code" is explained as computer commands written in a programming language.
4. Software reuse Read Opens in new tab
Summary AI
The section outlines requirements for government agencies to ensure their custom-developed software code is accessible for reuse, shared in repositories, and includes necessary documentation and technical components. It mandates government-wide rights for software developed under contract, establishes accountability for handling and tracking code, and requires the creation of policies to support code reuse and transparency.
5. Scope and applicability Read Opens in new tab
Summary AI
The section outlines which instances of custom-developed code need to comply with specific requirements, focusing on projects started 180 days post-enactment. It includes automatic exemptions for classified or national security-related code and code withheld under Freedom of Information Act provisions, as well as discretionary exemptions managed by agency Chief Information Officers for certain sensitive codes. Additionally, it mandates annual reports on exemptions to keep Congress informed.
6. Guidance Read Opens in new tab
Summary AI
The section mandates that the Director of the Office of Management and Budget create guidance that promotes best practices and standardized procedures for agencies, aligning with the goals of the Act and building upon section 4(d).
7. GAO report on information technology practices Read Opens in new tab
Summary AI
The section mandates that the Comptroller General of the United States must provide two reports to Congress, one within a year and another within two years of the law being passed. The first report should evaluate issues like repetitive software purchasing by government agencies, challenges agencies face in using cloud-based platforms, benefits of sharing open-source software for cybersecurity, and other relevant topics. The second should look at how this law is being implemented and other related subjects.
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 the appropriate congressional committees 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. (b) Supplemental report.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that includes an assessment of— (1) the implementation of this Act; and (2) 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 access under the Freedom of Information Act (FOIA).
9. No additional funding Read Opens in new tab
Summary AI
No additional money is allowed to be set aside for the implementation of this Act.
10. GAO report on effectiveness Read Opens in new tab
Summary AI
The section states that within 540 days of the law being enacted, the Comptroller General must submit a report to Congress evaluating how effective the law has been.