The Legal Empowerment Blog
What you need to know
On December 23, 2024, President Joe Biden signed the bipartisan Source Code Harmonization And Reuse in Information Technology (SHARE IT) Act (H.R. 9566) into law, marking a pivotal step in modernizing the U.S. government’s approach to software development and procurement. Sponsored by Senators Ted Cruz (R-Texas) and Gary Peters (D-Mich.) in the Senate, and Representatives Nicholas Langworthy (R-N.Y.) and William Timmons (R-S.C.) in the House, the legislation aims to tackle inefficiencies and excessive spending in the federal software acquisition process.
Key Provisions of the SHARE IT Act
The SHARE IT Act mandates federal agencies to share custom-developed software code with one another, addressing the inefficiency of duplicative software development. The bill requires:
- Code Sharing Across Agencies: Custom source code developed for one agency must be accessible to others to avoid redundant development efforts.
- Public Listing of Metadata: Agencies must create and maintain metadata for custom code, including contract details and repository links.
- Exemptions: Classified code, national security systems, or software that poses privacy risks is excluded from this mandate.
- Policy Development by CIOs: Each agency’s Chief Information Officer (CIO) is tasked with creating implementation policies within 180 days of enactment. These policies should:
- Align custom code with best practices.
- Ensure metadata is publicly accessible.
- Establish standardized reporting processes.
Addressing Inefficiency and Redundancy
The federal government spends approximately $12 billion annually on software purchases, much of which goes toward contracts for code development. However, agencies often unknowingly commission contractors to develop software that another agency has already created. By requiring agencies to share and reuse custom code, the SHARE IT Act aims to reduce such inefficiencies, saving taxpayer dollars while fostering innovation and collaboration.
Industry and Legislative Support
The legislation garnered strong bipartisan support in Congress and backing from the software industry. Companies like Atlassian and GitLab praised the bill’s emphasis on collaboration and efficiency. Atlassian’s general counsel, Stan Shepard, highlighted that code-sharing practices would promote openness and innovation across federal agencies, reflecting a broader trend of adopting collaborative tools and practices in government operations.
Challenges and Limitations
While the SHARE IT Act promises to enhance efficiency, its implementation may face hurdles:
- Coordination Between Agencies: Agencies must overcome siloed operations and establish mechanisms for seamless code sharing.
- Privacy and Security Concerns: Although the law exempts classified and sensitive code, the risk of inadvertent exposure or misuse of shared code remains a concern.
- Standardization: Developing uniform standards for metadata and repository management across diverse agencies could prove complex.
Broader Implications
The SHARE IT Act reflects a growing recognition of the value of transparency and collaboration in federal IT systems. By streamlining software development and procurement, the law aligns with broader goals of digital transformation in government. The potential savings could be redirected toward critical priorities such as cybersecurity, infrastructure upgrades, and citizen-facing services.
Moreover, the Act positions the federal government to serve as a model of efficiency and innovation, demonstrating how leveraging open-source principles can drive meaningful change in large organizations.
Conclusion
The SHARE IT Act represents a significant step forward in addressing inefficiencies and reducing waste in federal software development. By mandating code sharing and reuse among agencies, the law fosters transparency, collaboration, and fiscal responsibility. However, its success will depend on robust implementation, inter-agency coordination, and adherence to security and privacy standards. If executed effectively, the Act could serve as a blueprint for other governments seeking to modernize their IT infrastructure and reduce costs.