Sec. 4. EXEMPTIONS
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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 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 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.
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