[118th Congress Public Law 187]
[From the U.S. Government Publishing Office]



[[Page 2637]]

                      SOURCE CODE HARMONIZATION AND
                   REUSE IN INFORMATION TECHNOLOGY ACT

[[Page 138 STAT. 2638]]

Public Law 118-187
118th Congress

                                 An Act


 
      To require governmentwide source code sharing, and for other 
            purposes. <<NOTE: Dec. 23, 2024 -  [H.R. 9566]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Source code 
Harmonization And Reuse in Information Technology Act. 44 USC 3501 
note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Source code Harmonization And Reuse 
in Information Technology Act'' or the ``SHARE IT Act''.
SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 3502 of title 44, United States Code.
            (2) 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 
        Representatives.
            (3) Custom-developed code.--The term ``custom-developed 
        code''--
                    (A) means source code that is--
                          (i) produced in the performance of a contract 
                      with an agency or is otherwise exclusively funded 
                      by the Federal Government; or
                          (ii) developed by a Federal employee as part 
                      of the official duties of the employee;
                    (B) includes--
                          (i) source code, or segregable portions of 
                      source code, for which the Federal Government 
                      could obtain unlimited rights under part 27 of the 
                      Federal Acquisition Regulation or any relevant 
                      supplemental acquisition regulations of an agency; 
                      and
                          (ii) source code written for a software 
                      project, module, plugin, script, middleware, or 
                      application programming interface; and
                    (C) does not include--
                          (i) source code that is solely exploratory or 
                      disposable in nature, including source code 
                      written by a developer experimenting with a new 
                      language or library; or
                          (ii) commercial computer software, commercial 
                      off-the-shelf software, or configuration scripts 
                      for such software.

[[Page 138 STAT. 2639]]

            (4) Federal employee.--The term ``Federal employee'' has the 
        meaning given the term in section 2105(a) of title 5, United 
        States Code.
            (5) Metadata.--The term ``metadata'', with respect to 
        custom-developed code--
                    (A) has the meaning given that term in section 3502 
                of title 44, United States Code; and
                    (B) includes--
                          (i) information on whether the custom-
                      developed code was--
                                    (I) produced pursuant to a contract; 
                                or
                                    (II) shared in a public or private 
                                repository;
                          (ii) any contract number under which the 
                      custom-developed code was produced; and
                          (iii) any hyperlink to the repository in such 
                      the code was shared.
            (6) Private repository.--The term ``private repository'' 
        means a software storage location--
                    (A) that contains source code, documentation, 
                configuration scripts, as appropriate, revision history, 
                and other files; and
                    (B) access to which is restricted to only authorized 
                users.
            (7) Public repository.--The term ``public repository'' means 
        a software storage location--
                    (A) that contains source code, documentation, 
                configuration scripts, as appropriate, revision history, 
                and other files; and
                    (B) access to which is open to the public.
            (8) Software.--The term ``software'' has the meaning given 
        the term ``computer software'' in section 2.101 of title 48, 
        Code of Federal Regulations, or any successor regulation.
            (9) 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 
        software.
SEC. 3. <<NOTE: Deadlines. Public information.>>  SOFTWARE REUSE.

    (a) Sharing.--Not later than 210 days after the date of enactment of 
this Act, the head of each agency shall ensure that the custom-developed 
code of the agency and other key technical components of the code 
(including documentation, data models, schemas, metadata, architecture 
designs, configuration scripts, and artifacts required to develop, 
build, test, and deploy the code) of the code are--
            (1) stored at not less than 1 public repository or private 
        repository;
            (2) accessible to Federal employees via procedures developed 
        under subsection (d)(1)(A)(ii)(III); and
            (3) owned by the agency.

    (b) 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 to, sharing of, use of, and modification of any 
custom-developed code created in the development of such software.
    (c) Discovery.--Not later than 210 days after the date of enactment 
of this Act, the head of each agency shall make metadata

[[Page 138 STAT. 2640]]

created on or after such date for the custom-developed code of the 
agency publicly accessible.
    (d) Accountability Mechanisms.--
            (1) Agency cios. <<NOTE: Policies.>> --Not later than 180 
        days after the date of enactment of this Act, the Chief 
        Information Officer of each agency, in consultation with the 
        Chief Acquisition Officer, or similar official, of the agency 
        and the Administrator of the Office of Electronic Government, 
        shall develop an agency-wide policy that--
                    (A) implements the requirements of this Act, 
                including--
                          (i) ensuring that custom-developed code 
                      follows the best practices established by the 
                      Director of the Office and Management and Budget 
                      under paragraph (3) for operating repositories and 
                      version control systems to keep track of changes 
                      and to facilitate collaboration among multiple 
                      developers; and
                          (ii) <<NOTE: Procedures.>> managing the 
                      sharing of custom-developed code under subsection 
                      (b), and the public accessibility of metadata 
                      under subsection (c), including developing--
                                    (I) <<NOTE: Determination.>>  
                                procedures to determine whether any 
                                custom-developed code meets the 
                                conditions under section 4(b) for an 
                                exemption under this Act;
                                    (II) procedures for making metadata 
                                for custom-developed code publicly 
                                accessible pursuant to subsection (c);
                                    (III) procedures for Federal 
                                employees to gain access to public 
                                repositories and private repositories 
                                that contain custom developed source 
                                code; and
                                    
                                (IV) <<NOTE: Standards.>> 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 contract; and
                    (B) corrects or amends any policies of the agency 
                that are inconsistent with the requirements of this Act.
            (2) Administrator of the office of electronic government.--
                    (A) Minimum standard reporting requirements.--Not 
                later than 120 days after the date of enactment of this 
                Act, the Administrator of the Office of Electronic 
                Government shall establish minimum standard reporting 
                requirements for the Chief Information Officers of 
                agencies, which shall include information relating to--
                          (i) measuring the frequency of reuse of code, 
                      including access and modification under subsection 
                      (b);
                          (ii) whether the shared code is maintained;
                          (iii) whether there is a feedback mechanism 
                      for improvements to or community development of 
                      the shared code; and
                          (iv) the number and circumstances of all 
                      exemptions granted under section 4(a)(2).
                    (B) Reporting requirement.--
                          (i) <<NOTE: Time period.>> Requirement.--Not 
                      later than 1 year after the date of the enactment 
                      of this Act, and annually thereafter, the 
                      Administrator of the Office of Electronic

[[Page 138 STAT. 2641]]

                      Government shall publish on a centralized website 
                      a report on the implementation of this Act that 
                      includes--
                                    (I) <<NOTE: List.>> a complete list 
                                of all exemptions granted under section 
                                4(a)(2); and
                                    (II) <<NOTE: Updates.>>  information 
                                showing whether each agency has updated 
                                the acquisition and other policies of 
                                the agency to be compliant with this 
                                Act.
                          (ii) Open government data asset.--The report 
                      under clause (i) shall be maintained as an open 
                      Government data asset (as defined in section 3502 
                      of title 44, United States Code).
            (3) Guidance.--The Director of the Office of Management and 
        Budget shall issue guidance, consistent with the purpose of this 
        Act, that establishes best practices and uniform procedures 
        across agencies for the purposes of implementing this 
        subsection.
SEC. 4. EXEMPTIONS.

    (a) In General.--
            (1) <<NOTE: Applicability.>> Automatic.--
                    (A) In general.--This Act shall not apply to 
                classified source code or source code developed 
                primarily for use in a national security system (as 
                defined in section 11103 of title 40, United States 
                Code).
                    (B) National security.--An exemption from the 
                requirements under section 3 shall apply to classified 
                source code or source code developed--
                          (i) primarily for use in a national security 
                      system (as defined in section 11103 of title 40, 
                      United States Code); or
                          (ii) by an agency, or part of an agency, that 
                      is an element of the intelligence community (as 
                      defined in section 3(4) of the National Security 
                      Act of 1947 (50 U.S.C. 3003(4)).
                    (C) Freedom of information act.--An exemption from 
                the requirements under section 3 shall apply to source 
                code the disclosure of which is exempt under section 
                552(b) of title 5, United States Code (commonly known as 
                the ``Freedom of Information Act'').
            (2) Discretionary.--
                    (A) Exemption and guidance.--
                          (i) In general.--The Chief Information Officer 
                      of an agency, in consultation with the Federal 
                      Privacy Council, or any successor thereto, may 
                      exempt from the requirements of section 3 any 
                      source code for which a limited exemption 
                      described in subparagraph (B) applies.
                          (ii) 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 
                      (B)(ii) to ensure consistent application of this 
                      paragraph across agencies.
                    (B) Limited exemptions.--The limited exemptions 
                described in this paragraph are the following:
                          (i) The head of the agency is prohibited from 
                      providing the source code to another individual or 
                      entity

[[Page 138 STAT. 2642]]

                      under another Federal law or regulation, including 
                      under--
                                    (I) the Export Administration 
                                Regulations;
                                    (II) the International Traffic in 
                                Arms Regulations;
                                    (III) the regulations of the 
                                Transportation Security Administration 
                                relating to the protection of Sensitive 
                                Security Information; and
                                    (IV) the Federal laws and 
                                regulations governing the sharing of 
                                classified information not covered by 
                                the exemption in paragraph (1).
                          (ii) The sharing or public accessibility of 
                      the source code would create an identifiable risk 
                      to the privacy of an individual.

    (b) Reports Required.--
            (1) Agency reporting.--Not later than December 31 of each 
        year, 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 (1) or (2) of subsection (a) applied during the 
        fiscal year ending on September 30 of that year with a brief 
        narrative justification of each exemption.
            (2) Annual report to congress.--Not later than 1 year after 
        the date of enactment of this Act, and annually thereafter, the 
        Administrator of the Office of Electronic Government shall 
        submit to the appropriate congressional committees a report on 
        all exemptions granted under paragraph (1) or (2) of subsection 
        (a) by each agency, including a compilation of all information, 
        including the narrative justification, relating to each such 
        exemption.
            (3) Form.--The reports under paragraphs (1) and (2) shall be 
        submitted in unclassified form, with a classified annex as 
        appropriate.
SEC. 5. <<NOTE: Assessment.>>  GAO REPORT.

    Not later than 2 years 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 the implementation of this Act.
SEC. 6. 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 552 of title 5, United States Code (commonly known as the 
``Freedom of Information Act'').
SEC. 7. <<NOTE: Deadlines.>>  APPLICATION.

    This Act shall apply to custom-developed code that is developed or 
revised--
            (1) by a Federal employee not less than 180 days after the 
        date of enactment of this Act; or
            (2) <<NOTE: Contracts.>>  under a contract awarded pursuant 
        to a solicitation issued not less than 180 days after the date 
        of enactment of this Act.

[[Page 138 STAT. 2643]]

SEC. 8. <<NOTE: Deadline.>> REVISION OF FEDERAL ACQUISITION 
                    REGULATION.

     Not later than 1 year after the date of enactment of this Act, the 
Federal Acquisition Regulation shall be revised as necessary to 
implement the provisions of this Act.
SEC. 9. NO ADDITIONAL FUNDING.

    No additional funds are authorized to be appropriated to carry out 
this Act.

    Approved December 23, 2024.

LEGISLATIVE HISTORY--H.R. 9566:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 170 (2024):
            Dec. 4, considered and passed House.
            Dec. 17, considered and passed Senate.

                                  <all>