6. Exceptions to Government Code Reuse

The exceptions provided below may be applied, in specific instances, to exempt an agency from sharing custom-developed code with other Government agencies. These exceptions do not apply to the OSS pilot program.31 Any exceptions used must be approved and documented by the agency’s CIO for the purposes of ensuring effective oversight and management of information technology resources.

Applicable exceptions are as follows:

  1. The sharing of the source code is restricted by law or regulation, including—but not limited to—patent or intellectual property law, the Export Asset Regulations, the International Traffic in Arms Regulation, and the Federal laws and regulations governing classified information;
  2. The sharing of the source code would create an identifiable risk to the detriment of national security, confidentiality of Government information, or individual privacy;
  3. The sharing of the source code would create an identifiable risk to the stability, security, or integrity of the agency’s systems or personnel;
  4. The sharing of the source code would create an identifiable risk to agency mission, programs, or operations; or
  5. The CIO believes it is in the national interest to exempt sharing the source code.

For excepted software, agencies must provide OMB a brief narrative justification for each exception, with redactions as appropriate.


Footnotes

  • 31 See Section 5 for additional information regarding the pilot program.