II 
118TH CONGRESS 
2D SESSION 
H. R. 9566 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 5, 2024 
Received 
AN ACT 
To require governmentwide source code sharing, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Source code Harmoni-
zation 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
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Secu-
rity 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 ex-
clusively funded by the Federal Govern-
ment; or 
(ii) developed by a Federal employee 
as part of the official duties of the em-
ployee; 
(B) includes— 
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(i) source code, or segregable portions 
of source code, for which the Federal Gov-
ernment 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 explor-
atory or disposable in nature, including 
source code written by a developer experi-
menting with a new language or library; or 
(ii) commercial computer software, 
commercial off-the-shelf software, or con-
figuration scripts for such software. 
(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 
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(B) includes— 
(i) information on whether the cus-
tom-developed code was— 
(I) produced pursuant to a con-
tract; 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, documenta-
tion, configuration scripts, as appropriate, revi-
sion 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, documenta-
tion, configuration scripts, as appropriate, revi-
sion history, and other files; and 
(B) access to which is open to the public. 
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(8) SOFTWARE.—The term ‘‘software’’ has the 
meaning given the term ‘‘computer software’’ in sec-
tion 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. 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, architec-
ture 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 proce-
dures 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 
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contract for the custom development of software shall ac-
quire and exercise rights sufficient to enable the govern-
mentwide 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 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 In-
formation 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 Manage-
ment and Budget under paragraph (3) for 
operating repositories and version control 
systems to keep track of changes and to 
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facilitate collaboration among multiple de-
velopers; 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 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 sub-
section (c); 
(III) procedures for Federal em-
ployees to gain access to public reposi-
tories and private repositories that 
contain custom developed source code; 
and 
(IV) standardized reporting prac-
tices across the agency to capture key 
information relating to a contract 
under which custom-developed source 
code was produced for reporting sta-
tistics about the contract; and 
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(B) corrects or amends any policies of the 
agency that are inconsistent with the require-
ments of this Act. 
(2) ADMINISTRATOR OF THE OFFICE OF ELEC-
TRONIC GOVERNMENT.— 
(A) MINIMUM STANDARD REPORTING RE-
QUIREMENTS.—Not later than 120 days after 
the date of enactment of this Act, the Adminis-
trator of the Office of Electronic Government 
shall establish minimum standard reporting re-
quirements for the Chief Information Officers 
of agencies, which shall include information re-
lating to— 
(i) measuring the frequency of reuse 
of code, including access and modification 
under subsection (b); 
(ii) whether the shared code is main-
tained; 
(iii) whether there is a feedback mech-
anism 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.— 
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(i) REQUIREMENT.—Not later than 1 
year after the date of the enactment of this 
Act, and annually thereafter, the Adminis-
trator of the Office of Electronic Govern-
ment shall publish on a centralized website 
a report on the implementation of this Act 
that includes— 
(I) a complete list of all exemp-
tions granted under section 4(a)(2); 
and 
(II) information showing whether 
each agency has updated the acquisi-
tion 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, con-
sistent with the purpose of this Act, that establishes 
best practices and uniform procedures across agen-
cies for the purposes of implementing this sub-
section. 
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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 secu-
rity 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 se-
curity system (as defined in section 11103 
of title 40, United States Code); or 
(ii) by an agency, or part of an agen-
cy, 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’’). 
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(2) DISCRETIONARY.— 
(A) EXEMPTION AND GUIDANCE.— 
(i) IN GENERAL.—The Chief Informa-
tion Officer of an agency, in consultation 
with the Federal Privacy Council, or any 
successor thereto, may exempt from the re-
quirements of section 3 any source code for 
which a limited exemption described in 
subparagraph (B) applies. 
(ii) GUIDANCE REQUIRED.—The Fed-
eral Privacy Council shall provide guidance 
to the Chief Information Officer of each 
agency relating to the limited exemption 
described in subparagraph (B)(ii) to en-
sure consistent application of this para-
graph across agencies. 
(B) LIMITED
EXEMPTIONS.—The limited 
exemptions described in this paragraph are the 
following: 
(i) The head of the agency is prohib-
ited from providing the source code to an-
other individual or entity under another 
Federal 
law 
or 
regulation, 
including 
under— 
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(I) the Export Administration 
Regulations; 
(II) the International Traffic in 
Arms Regulations; 
(III) 
the 
regulations 
of 
the 
Transportation Security Administra-
tion relating to the protection of Sen-
sitive Security Information; and 
(IV) the Federal laws and regula-
tions governing the sharing of classi-
fied information not covered by the 
exemption in paragraph (1). 
(ii) The sharing or public accessibility 
of the source code would create an identifi-
able risk to the privacy of an individual. 
(b) REPORTS REQUIRED.— 
(1) AGENCY REPORTING.—Not later than De-
cember 31 of each year, the Chief Information Offi-
cer 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. 
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(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 compila-
tion of all information, including the narrative jus-
tification, 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 assess-
ment 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 Infor-
mation Act’’). 
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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 so-
licitation issued not less than 180 days after the 
date of enactment of this Act. 
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 necessary to implement the provisions of this 
Act. 
SEC. 9. NO ADDITIONAL FUNDING. 
No additional funds are authorized to be appro-
priated to carry out this Act. 
Passed the House of Representatives December 4, 
2024. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
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