,,ii #aahth ,,congress #b;d ,session ,h4 ,r4 #ieff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #e1 #bjbd,received ,,an ,,act ,to require governmentwide source code sharing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,source code ,harmonization ,and ,reuse in ,information ,technology ,act or the ,,share ,,it ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given that term in section #cejb of title #dd1 ,united ,states ,code4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,accountability of the ,house of ,representatives4 7#c7 ,custom-developed code ,the term custom-developed code-- 7,a7 means source code that is-- 7i7 produced in the performance of a contract with an agency or is otherwise exclusively funded by the ,federal ,government2 or 7ii7 developed by a ,federal employee as part of the official duties of the employee2 7,b7 includes-- 7i7 source code1 or segregable portions of source code1 for which the ,federal ,government could obtain unlimited rights under part #bg of the ,federal ,acquisition ,regulation or any relevant supplemental acquisition regulations of an agency2 and 7ii7 source code written for a software project1 module1 plugin1 script1 middleware1 or application programming interface2 and 7,c7 does not include-- 7i7 source code that is solely exploratory or disposable in nature1 including source code written by a developer experimenting with a new language or library2 or 7ii7 commercial computer software1 commercial off-the-shelf software1 or configuration scripts for such software4 7#d7 ,federal employee ,the term ,federal employee has the meaning given the term in section #baje7;a7 of title #e1 ,united ,states ,code4 7#e7 ,metadata ,the term metadata1 with respect to custom-developed code-- 7,a7 has the meaning given that term in section #cejb of title #dd1 ,united ,states ,code2 and 7,b7 includes-- 7i7 information on whether the custom-developed code was-- 7,i7 produced pursuant to a contract2 or 7,,ii7 shared in a public or private repository2 7ii7 any contract number under which the custom-developed code was produced2 and 7iii7 any hyperlink to the repository in such the code was shared4 7#f7 ,private repository ,the term private repository means a software storage location-- 7,a7 that contains source code1 documentation1 configuration scripts1 as appropriate1 revision history1 and other files2 and 7,b7 access to which is restricted to only authorized users4 7#g7 ,public repository ,the term public repository means a software storage location-- 7,a7 that contains source code1 documentation1 configuration scripts1 as appropriate1 revision history1 and other files2 and 7,b7 access to which is open to the public4 7#h7 ,software ,the term software has the meaning given the term computer software in section #b4aja of title #dh1 ,code of ,federal ,regulations1 or any successor regulation4 7#i7 ,source code ,the term source code means a collection of computer commands written in a computer programming language that a computer can execute as a piece of software4 #c4 ,software reuse 7a7 ,sharing ,not later than #baj days after the date of enactment of this ,act1 the head of each agency shall ensure that the custom-developed code of the agency and other key technical components of the code 7including documentation1 data models1 schemas1 metadata1 architecture designs1 configuration scripts1 and artifacts required to develop1 build1 test1 and deploy the code7 of the code are-- 7#a7 stored at not less than #a public repository or private repository2 7#b7 accessible to ,federal employees via procedures developed under subsection 7d77#a77;,a77ii77,,iii72 and 7#c7 owned by the agency4 7b7 ,software reuse rights in procurement contracts ,the head of an agency that enters into a contract for the custom development of software shall acquire and exercise rights sufficient to enable the governmentwide access to1 sharing of1 use of1 and modification of any custom-developed code created in the development of such software4 7c7 ,discovery ,not later than #baj days after the date of enactment of this ,act1 the head of each agency shall make metadata created on or after such date for the custom-developed code of the agency publicly accessible4 7d7 ,accountability mechanisms 7#a7 ,agency cios ,not later than #ahj days after the date of enactment of this ,act1 the ,chief ,information ,officer of each agency1 in consultation with the ,chief ,acquisition ,officer1 or similar official1 of the agency and the ,administrator of the ,office of ,electronic ,government1 shall develop an agency-wide policy that-- 7,a7 implements the requirements of this ,act1 including-- 7i7 ensuring that custom-developed code follows the best practices established by the ,director of the ,office and ,management and ,budget under paragraph 7#c7 for operating repositories and version control systems to keep track of changes and to facilitate collaboration among multiple developers2 and 7ii7 managing the sharing of custom-developed code under subsection 7b71 and the public accessibility of metadata under subsection 7c71 including developing-- 7,i7 procedures to determine whether any custom-developed code meets the conditions under section #d7;b7 for an exemption under this ,act2 7,,ii7 procedures for making metadata for custom-developed code publicly accessible pursuant to subsection 7c72 7,,iii7 procedures for ,federal employees to gain access to public repositories and private repositories that contain custom developed source code2 and 7,,iv7 standardized reporting practices across the agency to capture key information relating to a contract under which custom-developed source code was produced for reporting statistics about the contract2 and 7,b7 corrects or amends any policies of the agency that are inconsistent with the requirements of this ,act4 7#b7 ,administrator of the office of electronic government 7,a7 ,minimum standard reporting requirements ,not later than #abj days after the date of enactment of this ,act1 the ,administrator of the ,office of ,electronic ,government shall establish minimum standard reporting requirements for the ,chief ,information ,officers of agencies1 which shall include information relating to-- 7i7 measuring the frequency of reuse of code1 including access and modification under subsection 7b72 7ii7 whether the shared code is maintained2 7iii7 whether there is a feedback mechanism for improvements to or community development of the shared code2 and 7iv7 the number and circumstances of all exemptions granted under section #d7;a77#b74 7,b7 ,reporting requirement 7i7 ,requirement ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,administrator of the ,office of ,electronic ,government shall publish on a centralized website a report on the implementation of this ,act that includes-- 7,i7 a complete list of all exemptions granted under section #d7;a77#b72 and 7,,ii7 information showing whether each agency has updated the acquisition and other policies of the agency to be compliant with this ,act4 7ii7 ,open ,government data asset ,the report under clause 7i7 shall be maintained as an open ,government data asset 7as defined in section #cejb of title #dd1 ,united ,states ,code74 7#c7 ,guidance ,the ,director of the ,office of ,management and ,budget shall issue guidance1 consistent with the purpose of this ,act1 that establishes best practices and uniform procedures across agencies for the purposes of implementing this subsection4 #d4 ,exemptions 7a7 ,in general 7#a7 ,automatic 7,a7 ,in general ,this ,act shall not apply to classified source code or source code developed primarily for use in a national security system 7as defined in section #aaajc of title #dj1 ,united ,states ,code74 7,b7 ,national security ,an exemption from the requirements under section #c shall apply to classified source code or source code developed-- 7i7 primarily for use in a national security system 7as defined in section #aaajc of title #dj1 ,united ,states ,code72 or 7ii7 by an agency1 or part of an agency1 that is an element of the intelligence community 7as defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d774 7,c7 ,freedom of information act ,an exemption from the requirements under section #c shall apply to source code the disclosure of which is exempt under section #eeb7;b7 of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74 7#b7 ,discretionary 7,a7 ,exemption and guidance 7i7 ,in general ,the ,chief ,information ,officer of an agency1 in consultation with the ,federal ,privacy ,council1 or any successor thereto1 may exempt from the requirements of section #c any source code for which a limited exemption described in subparagraph 7,b7 applies4 7ii7 ,guidance required ,the ,federal ,privacy ,council shall provide guidance to the ,chief ,information ,officer of each agency relating to the limited exemption described in subparagraph 7,b77ii7 to ensure consistent application of this paragraph across agencies4 7,b7 ,limited exemptions ,the limited exemptions described in this paragraph are the following3 7i7 ,the head of the agency is prohibited from providing the source code to another individual or entity under another ,federal law or regulation1 including under-- 7,i7 the ,export ,administration ,regulations2 7,,ii7 the ,international ,traffic in ,arms ,regulations2 7,,iii7 the regulations of the ,transportation ,security ,administration relating to the protection of ,sensitive ,security ,information2 and 7,,iv7 the ,federal laws and regulations governing the sharing of classified information not covered by the exemption in paragraph 7#a74 7ii7 ,the sharing or public accessibility of the source code would create an identifiable risk to the privacy of an individual4 7b7 ,reports required 7#a7 ,agency reporting ,not later than ,december #ca of each year1 the ,chief ,information ,officer of an agency shall submit to the ,administrator of the ,office of ,electronic ,government a report of the source code of the agency to which an exemption under paragraph 7#a7 or 7#b7 of subsection 7a7 applied during the fiscal year ending on ,september #cj of that year with a brief narrative justification of each exemption4 7#b7 ,annual report to ,congress ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,administrator of the ,office of ,electronic ,government shall submit to the appropriate congressional committees a report on all exemptions granted under paragraph 7#a7 or 7#b7 of subsection 7a7 by each agency1 including a compilation of all information1 including the narrative justification1 relating to each such exemption4 7#c7 ,form ,the reports under paragraphs 7#a7 and 7#b7 shall be submitted in unclassified form1 with a classified annex as appropriate4 #e4 ,gao report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes an assessment of the implementation of this ,act4 #f4 ,rule of construction ,nothing in this ,act may be construed as requiring the disclosure of information or records that are exempt from public disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74 #g4 ,application ,this ,act shall apply to custom-developed code that is developed or revised-- 7#a7 by a ,federal employee not less than #ahj days after the date of enactment of this ,act2 or 7#b7 under a contract awarded pursuant to a solicitation issued not less than #ahj days after the date of enactment of this ,act4 #h4 ,revision of ,federal ,acquisition ,regulation ,not later than #a year after the date of enactment of this ,act1 the ,federal ,acquisition ,regulation shall be revised as necessary to implement the provisions of this ,act4 #i4 ,no additional funding ,no additional funds are authorized to be appropriated to carry out this ,act4 ,passed the ,house of ,representatives ,december #d1 #bjbd4,kevin ,f4 ,mc,cumber1,clerk4