From the webpage:
The White House committed to adopting a Government-wide Open Source Software policy in its Second Open Government National Action Plan 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.[1] In support of that commitment, today the White House Office of Management and Budget (OMB) is releasing a draft policy to improve the way custom-developed Government code is acquired and distributed moving forward. This policy is consistent with the Federal Government’s long-standing policy of ensuring that “Federal investments in IT (information technology) are merit-based, improve the performance of our Government, and create value for the American people.”[2]
This policy requires that, among other things: (1) new custom code whose development is paid for by the Federal Government be made available for reuse across Federal agencies; and (2) a portion of that new custom code be released to the public as Open Source Software (OSS).
We welcome your input on this innovative draft policy. We are especially interested in your comments on considerations regarding the release of custom code as OSS. The draft policy proposes a pilot program requiring covered agencies to release at least 20 percent of their newly-developed custom code, in addition to the release of all custom code developed by Federal employees at covered agencies as part of their official duties, subject to certain exceptions as noted in the main body of the policy.[3]
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In some absolute sense this is a step forward from the present practices of the government with regard to source code that it develops or pays to have developed.
On the other hand, what’s difficult about saying that all code (not 20%) developed by or at the direction of the federal government is deposited under an Apache license within 90 days of its posting to any source code repository. Subject to national security exceptions and then notice has to be given with the decision to be reviewed in the local DC federal court.
Short, simple, clear time constraints and a defined venue for review.
Anytime someone dodges the easy, obvious solution, there is a reason for that dodging. Not a reason or desire to benefit you. Unless you are the person orchestrating the dodge.