II 

Calendar No. 384

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 

NOVEMBER 10, 2003

Reported by Ms. COLLINS, without amendment 

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,

3 SECTION 1. SHORT TITLE. 

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

5 Security Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
2

•HR 3159 RS 

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

2 and privacy threats to computers and networks by—

3 (A) exposing classified and sensitive infor4 mation that are stored on computers or net5 works; 

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

7 and other malicious programs; 

8 (C) consuming network resources, which 

9 may result in a degradation of network per10 formance; and 

11 (D) exposing identifying information about 

12 host computers that can be used by hackers to 

13 select potential targets. 

14 (2) The computers and networks of the Federal 

15 Government use and store a wide variety of classi16 fied and sensitive information, including—

17 (A) information vital to national security, 

18 defense, law enforcement, economic markets, 

19 public health, and the environment; and 

20 (B) personal and financial information of 

21 citizens and businesses that has been entrusted 

22 to the Federal Government. 

23 (3) Use of peer-to-peer file sharing on govern24 ment computers and networks can threaten the secu25 rity and privacy of the information on those com-
3

•HR 3159 RS 

1 puters and networks by exposing the information to 

2 others using peer-to-peer file sharing. 

3 (4) The House of Representatives and the Sen4 ate are using methods to protect the security and 

5 privacy of congressional computers and networks 

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

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

8 government applications can be pursued on 

9 intragovernmental networks that do not pose risks 

10 to network security. 

11 (6) In light of these considerations, Federal 

12 agencies need to take prompt action to address the 

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

14 sharing. 

15 SEC. 3. PROTECTION OF GOVERNMENT COMPUTERS FROM 

16 RISKS OF PEER-TO-PEER FILE SHARING. 

17 (a) PLANS REQUIRED.—As part of the Federal agen18 cy responsibilities set forth in sections 3544 and 3545 of 

19 title 44, United States Code, the head of each agency shall 

20 develop and implement a plan to protect the security and 

21 privacy of computers and networks of the Federal Govern22 ment from the risks posed by peer-to-peer file sharing. 

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

24 appropriate methods, including both technological (such as 

25 the use of software and hardware) and nontechnological 
4

•HR 3159 RS 

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

2 achieve the goal of protecting the security and privacy of 

3 computers and networks of the Federal Government from 

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

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

6 agency shall—

7 (1) develop and implement the plan required 

8 under this section as expeditiously as possible, but in 

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

10 enactment of this Act; and 

11 (2) review and revise the plan periodically as 

12 necessary. 

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

14 after the date of the enactment of this Act, the Comp15 troller General shall—

16 (1) review the adequacy of the agency plans re17 quired by this section; and 

18 (2) submit to the Committee on Government 

19 Reform of the House of Representatives and the 

20 Committee on Governmental Affairs of the Senate a 

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

22 recommendations the Comptroller General considers 

23 appropriate. 

24 SEC. 4. DEFINITIONS. 

25 In this Act: 
5

•HR 3159 RS 

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

2 ‘‘peer-to-peer file sharing’’ means the use of com3 puter software, other than computer and network 

4 operating systems, that has as its primary function 

5 the capability to allow the computer on which such 

6 software is used to designate files available for 

7 transmission to another computer using such soft8 ware, to transmit files directly to another such com9 puter, and to request the transmission of files from 

10 another such computer. The term does not include 

11 the use of such software for file sharing between, 

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

13 agencies. 

14 (2) AGENCY.—The term ‘‘agency’’ has the 

15 meaning provided by section 3502 of title 44, United 

16 States Code. 
Calendar No. 384

108TH CONGRESS 

1ST SESSION H. R. 3159

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. 

NOVEMBER 10, 2003

Reported without amendment