H. R. 9566—3 
created on or after such date for the custom-developed code of 
the agency publicly accessible. 
(d) ACCOUNTABILITY MECHANISMS.— 
(1) AGENCY CIOS.—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) managing the sharing of custom-developed code 
under subsection (b), and the public accessibility of 
metadata under subsection (c), including developing— 
(I) procedures to determine whether any cus-
tom-developed code meets the conditions under sec-
tion 4(b) for an exemption under this Act; 
(II) procedures for making metadata for cus-
tom-developed code publicly accessible pursuant 
to subsection (c); 
(III) procedures for Federal employees to gain 
access to public repositories and private reposi-
tories that contain custom developed source code; 
and 
(IV) 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 GOVERN-
MENT.— 
(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 exemp-
tions granted under section 4(a)(2). 
(B) REPORTING REQUIREMENT.— 
(i) REQUIREMENT.—Not later than 1 year after the 
date of the enactment of this Act, and annually there-
after, the Administrator of the Office of Electronic
H. R. 9566—4 
Government shall publish on a centralized website a 
report on the implementation of this Act that 
includes— 
(I) a complete list of all exemptions granted 
under section 4(a)(2); and 
(II) 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 Govern-
ment 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 proce-
dures across agencies for the purposes of implementing this 
subsection. 
SEC. 4. EXEMPTIONS. 
(a) IN GENERAL.— 
(1) 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 pro-
viding the source code to another individual or entity
H. R. 9566—5 
under another Federal law or regulation, including 
under— 
(I) the Export Administration Regulations; 
(II) the International Traffic in Arms Regula-
tions; 
(III) the regulations of the Transportation 
Security Administration relating to the protection 
of Sensitive Security Information; and 
(IV) the Federal laws and regulations gov-
erning 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 Govern-
ment 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 sub-
section (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. 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 implementa-
tion of this Act. 
SEC. 6. RULE OF CONSTRUCTION. 
Nothing in this Act may be construed as requiring the disclo-
sure of information or records that are exempt from public disclo-
sure under section 552 of title 5, United States Code (commonly 
known as the ‘‘Freedom of Information Act’’). 
SEC. 7. 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) under a contract awarded pursuant to a solicitation 
issued not less than 180 days after the date of enactment 
of this Act.
H. R. 9566—6 
SEC. 8. 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 nec-
essary 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. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.