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Final policy rollout!
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mattbailey0 committed Aug 8, 2016
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5 changes: 3 additions & 2 deletions Gemfile
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source "https://rubygems.org"

gem 'jekyll'
gem "redcarpet"
gem 'rouge'
#gem "redcarpet"
#gem 'rouge'

gem 'bourbon'
gem 'sass'
gem 'neat'
gem 'jekyll-redirect-from'
6 changes: 0 additions & 6 deletions README.md
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## Federal Source Code Policy
#### Achieving Efficiency, Transparency, and Innovation through Reusable and Open Source Software

The White House committed to adopting a Government-wide Open Source Software policy in its [Second Open Government National Action Plan](https://www.whitehouse.gov/sites/default/files/microsites/ostp/new_nap_commitments_report_092314.pdf) (NAP) that “will support improved access to custom software code developed for the Federal Government,” emphasizing that using and contributing back to open source software can fuel innovation, lower costs, and benefit the public. In light of that commitment, the [White House Office of Management and Budget (OMB)](https://www.whitehouse.gov/omb/) is accepting public comments on a draft policy to improve the way custom-developed Government code is acquired and distributed moving forward.

The public comment period has ended. Thank you for your comments. OMB will analyze all feedback submitted during the public comment period and revise the policy as necessary. All issues submitted during the public comment period will be closed. Please open new issues to start or continue any further discussion. ~~The proposed guidance is now open for public comment on this page. The public comment period will begin on March 10, 2016 and end on April 11, 2016. The public comment period has been extended by 7 days. The new deadline for public feedback is 11:59pm Eastern Time on April 18, 2016. Following the public comment period, OMB will analyze all submitted feedback and revise the policy as necessary.~~
### Public domain

This project is in the worldwide [public domain](LICENSE.md):
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42 changes: 23 additions & 19 deletions _config.yml
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# markdown
markdown: redcarpet
redcarpet:
extensions: ["superscript","tables","with_toc_data","strikethrough","smart"]
highlighter: pygments
markdown: kramdown
#redcarpet:
# extensions: ["superscript","tables","with_toc_data","strikethrough","smart"]
#highlighter: pygments

exclude:
- ".ruby-version"
Expand All @@ -20,7 +20,7 @@ exclude:
- LICENSE.md

# Site metadata
name: "Source Code Policy"
name: "Federal Source Code Policy"
description: "Achieving Efficiency, Transparency, and Innovation through Reusable and Open Source Software"
baseurl: https://sourcecode.cio.gov
# Uncomment the following line for localhost development at http://127.0.0.1:4000/software/
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# Navigation
# List links that should appear in the site sidebar here
navigation:
- text: Home
url: /
- text: Introduction
url: /introduction/
- text: Objectives
url: /
- text: 1 - Objectives
url: /Objectives/
- text: Scope and Applicability
- text: 2 - Scope and Applicability
url: /Scope/
- text: Software Procurement Considerations
url: /Procurement/
- text: Government-Wide Code Reuse
- text: 3 - Three-Step Software Solutions Analysis
url: /Three-Step-Software-Solutions-Analysis/
- text: 4 - Government-Wide Code Reuse
url: /Reuse/
- text: Federally Funded Custom Code as OSS
- text: 5 - Open Source Software
url: /OSS/
- text: Implementation
url: /Implementation/
- text: 6 - Exceptions to Government Code Reuse
url: /Exceptions/
- text: 7 - Implementation
url: /Implementation
- text: Appendix A - Definitions
url: /Appendixa/
- text: Appendix B - Procurement Analysis
url: /Appendixb/
url: /AppendixA/
#- text: Introduction
# url: /introduction/


# sass
sass:
sass_dir: _sass

gems:
- jekyll-redirect-from
4 changes: 1 addition & 3 deletions _includes/sidebar.html
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<p>
<a href="https://github.com/{{ site.org_name }}/{{ site.repo_name }}/edit/{{ site.branch }}/{{ page.path }}">Edit this page</a>
</p>
<p>
<a href="{{ site.baseurl }}/SourceCodePolicy.pdf">View PDF of Policy</a>
</p>

</aside>
2 changes: 1 addition & 1 deletion _layouts/default.html
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<div class="header_menu">
<a href="https://github.com/{{ site.org_name }}/{{ site.repo_name }}/issues/" style="color: white;" class="button">Discuss</a> |
<a href="https://github.com/{{ site.org_name }}/{{ site.repo_name }}/edit/{{ site.branch }}/{{ page.path }}" class="button" style="color: white;">Edit</a> |
<a href="{{ site.baseurl }}/SourceCodePolicy.pdf" class="button" style="color: white;">View PDF of Policy</a>
<a href="https://www.whitehouse.gov/omb/e-gov/memoranda" class="button" style="color: white;">View PDF of Policy</a>
</div>
<h1>
<a href="/">{{ site.name }}</a>
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33 changes: 12 additions & 21 deletions pages/Appendixa.md
Expand Up @@ -7,34 +7,25 @@ description: "Appendix A: Definitions"

## Appendix A: Definitions

**Code Contributions**: Source code or other materials written by external parties and submitted to the developers/maintainers of a software project. Some common examples of code contributions are bug fixes, new or improved features, and documentation improvements.
**Agency:** For the purposes of this policy, an agency is one that meets the definition of executive agency under the Clinger Cohen Act of 1996. *See* 41 U.S.C. § 11101.

**Covered Agency**: For purposes of this policy, a covered agency is one that meets the definition of agency under the Federal Information Security Management Act of 2002 (FISMA). *See* [44 U.S.C. §3502](https://www.gpo.gov/fdsys/granule/USCODE-2011-title44/USCODE-2011-title44-chap35-subchapI-sec3502).
**Code.gov:** This platform is primarily intended to serve two distinct functions. First, it will act as an online collection of tools, guides, and best practices specifically designed to help agencies implement the framework presented in this policy. Second, it will serve as the primary discoverability portal for custom-developed code intended both for Government-wide reuse and for potential release as OSS. Code.gov is not intended to house the custom-developed code itself; rather, it is intended to serve as a tool for discovering custom-developed code that may be available for Government-wide reuse or as OSS, and to provide transparency into custom-developed code that is developed using Federal funds. This discoverability portal will be publically accessible and searchable via a variety of fields and constraints, such as the name of the project, its intended use, and the agency releasing the source code. Code.gov will be accessible at [https://www.code.gov](https://www.code.gov) and will evolve over time as a community resource to facilitate the adoption of good custom source code development, sharing, and reuse practices.

**Custom Code**: Software source code that is written to fulfill a specific purpose that is not already addressed by existing programs or COTS solutions. For the purposes of this policy, custom code development must be fully funded by the Federal Government and is either developed by a contracting entity for use by the Federal Government, or developed by covered agency employees in the course of their official duties.
**Custom-Developed Code:** For the purposes of this policy, custom-developed code is code that is first produced in the performance of a Federal contract or is otherwise fully funded by the Federal Government. It includes code, or segregable portions of code, for which the Government could obtain unlimited rights under Federal Acquisition Regulations (FAR) Pt. 27 and relevant agency FAR Supplements. Custom-developed code also includes code developed by agency employees as part of their official duties. For the purposes of this policy, custom-developed code may include, but is not limited to, code written for software projects, modules, plugins, scripts, middleware, and APIs; it does not, however, include code that is truly exploratory or disposable in nature, such as that written by a developer experimenting with a new language or library.

**Derivative Works**: For the purposes of this policy, a "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”.<sup id="fnr48"><a href="#fn48">48</a></sup>
**Mixed Source Software:** A mixed source software solution incorporates both open source and proprietary code.

**Mixed Source**: A mixed source software solution may incorporate public domain, open source, and/or proprietary code. Developers and users of mixed source software solutions must take component-level intellectual property rights into consideration whenever modifying, reusing, or distributing source code.
**Open Source Software (OSS):** Software that can be accessed, used, modified, and shared by anyone. OSS is often distributed under licenses that comply with the definition of “Open Source” provided by the Open Source Initiative ([https://opensource.org/osd](https://opensource.org/osd)) and/or that meet the definition of “Free Software” provided by the Free Software Foundation ([https://www.gnu.org/philosophy/free-sw.html](https://www.gnu.org/philosophy/free-sw.html)).

**Open Development**: Open development in the framework of computer software design is a process by which developers ensure the highest possible levels of transparency, legibility, testability, and modularity in their code from the start. This process is designed to maximize the potential benefit of open sourcing that code in an incremental and agile manner, engaging the public in the development process. Open development provides a larger base for quality assurance and product support in the initial phases of a project, in addition to making code easier to read, understand, repurpose, and incorporate for other programmers who may not be able to contact the original coder for support.
**Proprietary Software:** Software with intellectual property rights that are retained exclusively by a rights holder (*e.g.*, an individual or a company).

**Open Source License**: OSS is often associated with a license that details the terms and conditions governing the intellectual property rights of the software and its associated source code. These licenses specify how a particular work may be reproduced, modified, or used as a component of a larger system or as a standalone piece of software.<sup id="fnr49"><a href="#fn49">49</a></sup>
**Software:** Refers to (i) computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and (ii) recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled. Software does not include computer databases or computer software documentation.<sup id="fnr39"><a href="#fn39">39</a></sup>

**Open Source Software (OSS)**: Software that can be freely accessed, used, changed, and shared (in modified or unmodified form) by anyone. OSS is often distributed under licenses that comply with the definition of "Open Source" provided by the Open Source Initiative ([https://opensource.org/osd](https://opensource.org/osd)).<sup id="fnr50"><a href="#fn50">50</a></sup>
**Source Code:** Computer commands written in a computer programming language that is meant to be read by people. Generally, source code is a higher level representation of computer commands as they are written by people and, therefore, must be assembled or compiled before a computer can execute the code as a program.

**Proprietary Software**: Software with intellectual property rights that are retained exclusively by an individual or a company. Although OSS intellectual property rights can also be retained by an individual or a company (through the use of a proper OSS license), the term "proprietary software" refers to software that is typically subject to more disclosure restrictions than that which is released as open source or in the public domain. Proprietary software is typically considered to be "closed-source," in that its source code is not made broadly available to users or the general public without restrictions defined by the owner.

**Project Open Source**: An online repository of tools, guides, and best practices specifically designed to help covered agencies implement the framework presented in this policy. Project Open Source can be accessed at [https://project-open-source.cio.gov](https://project-open-source.cio.gov). Project Open Source will evolve over time as a community resource to facilitate the effective adoption of OSS. Agencies can visit Project Open Source for a more comprehensive glossary of terms and definitions related to OSS.

**Public Domain**: The set of works for which copyrights and related rights have expired, been relinquished, or do not apply, making the work freely available to the public for any purpose. Under U.S. copyright law, works created by Government employees within the scope of their employment are not subject to domestic copyright protections under 17 U.S.C. §105. Note that this definition is unrelated to the term "public domain" as it is used in export control regulations.

**Software**: Can refer to either: (i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; or (ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled. Software does not include computer databases or computer software documentation.<sup id="fnr51"><a href="#fn51">51</a></sup>

**Source Code**: Information written in a computer programming language that is readable by people. Source code must be interpreted or compiled before a computer can execute the code as a program. Source code readability can benefit from the inclusion of comments or other in-code documentation that indicates the requirements and functionality of specific algorithms and other components.

### Footnotes
<li id="fn48"><sup>48</sup> *See* <a href="http://www.copyright.gov/circs/circ14.pdf">http://www.copyright.gov/circs/circ14.pdf</a> <a href="#fnr48">&#8617;</a></li>
<li id="fn49"><sup>49</sup> As of the publication date of this policy, a valid open source license is one that is approved by the Open Source Initiative (<a href="https://opensource.org/licenses">https://opensource.org/licenses</a>). Further licensing considerations, including suggested licenses, will be provided via Project Open Source. <a href="#fnr49">&#8617;</a></li>
<li id="fn50"><sup>50</sup> This definition is current as of the publication date of this policy. For future guidance regarding this definition, please refer to Project Open Source. <a href="#fnr50">&#8617;</a></li>
<li id="fn51"><sup>51</sup> Definition from 48 CFR §2.101 <a href="#fnr51">&#8617;</a></li>

<ul style="list-style-type:none">
<li id="fn39"><sup>39</sup> As “computer software” is defined in 48 C.F.R. § 2.101. <a href="https://www.gpo.gov/fdsys/pkg/CFR-2002-title48-vol1/pdf/CFR-2002-title48-vol1-sec2-101.pdf">https://www.gpo.gov/fdsys/pkg/CFR-2002-title48-vol1/pdf/CFR-2002-title48-vol1-sec2-101.pdf</a>. <a href="#fnr39">&#8617;</a></li>
</ul>

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