IIB 

108TH CONGRESS 

1ST SESSION H. R. 3159

IN THE SENATE OF THE UNITED STATES 

OCTOBER 14, 2003

Received; read twice and referred to the Committee on Governmental Affairs 

AN ACT

To require Federal agencies to develop and implement plans 

to protect the security and privacy of government computer systems from the risks posed by peer-to-peer file 

sharing.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Government Network 

3 Security Act of 2003’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Peer-to-peer file sharing can pose security 

7 and privacy threats to computers and networks by—

8 (A) exposing classified and sensitive infor9 mation that are stored on computers or net10 works; 

11 (B) acting as a point of entry for viruses 

12 and other malicious programs; 

13 (C) consuming network resources, which 

14 may result in a degradation of network per15 formance; and 

16 (D) exposing identifying information about 

17 host computers that can be used by hackers to 

18 select potential targets. 

19 (2) The computers and networks of the Federal 

20 Government use and store a wide variety of classi21 fied and sensitive information, including—

22 (A) information vital to national security, 

23 defense, law enforcement, economic markets, 

24 public health, and the environment; and 
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1 (B) personal and financial information of 

2 citizens and businesses that has been entrusted 

3 to the Federal Government. 

4 (3) Use of peer-to-peer file sharing on govern5 ment computers and networks can threaten the secu6 rity and privacy of the information on those com7 puters and networks by exposing the information to 

8 others using peer-to-peer file sharing. 

9 (4) The House of Representatives and the Sen10 ate are using methods to protect the security and 

11 privacy of congressional computers and networks 

12 from the risks posed by peer-to-peer file sharing. 

13 (5) Innovations in peer-to-peer technology for 

14 government applications can be pursued on 

15 intragovernmental networks that do not pose risks 

16 to network security. 

17 (6) In light of these considerations, Federal 

18 agencies need to take prompt action to address the 

19 security and privacy risks posed by peer-to-peer file 

20 sharing. 

21 SEC. 3. PROTECTION OF GOVERNMENT COMPUTERS FROM 

22 RISKS OF PEER-TO-PEER FILE SHARING. 

23 (a) PLANS REQUIRED.—As part of the Federal agen24 cy responsibilities set forth in sections 3544 and 3545 of 

25 title 44, United States Code, the head of each agency shall 
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1 develop and implement a plan to protect the security and 

2 privacy of computers and networks of the Federal Govern3 ment from the risks posed by peer-to-peer file sharing. 

4 (b) CONTENTS OF PLANS.—Such plans shall set forth 

5 appropriate methods, including both technological (such as 

6 the use of software and hardware) and nontechnological 

7 methods (such as employee policies and user training), to 

8 achieve the goal of protecting the security and privacy of 

9 computers and networks of the Federal Government from 

10 the risks posed by peer-to-peer file sharing. 

11 (c) IMPLEMENTATION OF PLANS.—The head of each 

12 agency shall—

13 (1) develop and implement the plan required 

14 under this section as expeditiously as possible, but in 

15 no event later than six months after the date of the 

16 enactment of this Act; and 

17 (2) review and revise the plan periodically as 

18 necessary. 

19 (d) REVIEW OF PLANS.—Not later than 18 months 

20 after the date of the enactment of this Act, the Comp21 troller General shall—

22 (1) review the adequacy of the agency plans re23 quired by this section; and 

24 (2) submit to the Committee on Government 

25 Reform of the House of Representatives and the 
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1 Committee on Governmental Affairs of the Senate a 

2 report on the results of the review, together with any 

3 recommendations the Comptroller General considers 

4 appropriate. 

5 SEC. 4. DEFINITIONS. 

6 In this Act: 

7 (1) PEER-TO-PEER FILE SHARING.—The term 

8 ‘‘peer-to-peer file sharing’’ means the use of com9 puter software, other than computer and network 

10 operating systems, that has as its primary function 

11 the capability to allow the computer on which such 

12 software is used to designate files available for 

13 transmission to another computer using such soft14 ware, to transmit files directly to another such com15 puter, and to request the transmission of files from 

16 another such computer. The term does not include 

17 the use of such software for file sharing between, 

18 among, or within Federal, State, or local government 

19 agencies.
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1 (2) AGENCY.—The term ‘‘agency’’ has the 

2 meaning provided by section 3502 of title 44, United 

3 States Code.

Passed the House of Representatives October 8, 

2003. 

Attest: JEFF TRANDAHL, 

Clerk.