IIB 

111TH CONGRESS 

2D SESSION H. R. 4098 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2010 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To require the Director of the Office of Management and 

Budget to issue guidance on the use of peer-to-peer 

file sharing software to prohibit the personal use of such 

software by Government employees, and for other purposes. 

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


jbell on DSKDVH8Z91PROD with BILLS
2 

HR 4098 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Secure Federal File 

3 Sharing Act’’. 

4 SEC. 2. REQUIREMENTS. 

5 (a) UPDATED GUIDANCE ON USE OF CERTAIN SOFT6 WARE PROGRAMS.—Not later than 90 days after the date 

7 of the enactment of this Act, the Director of the Office 

8 of Management and Budget, after consultation with the 

9 Federal Chief Information Officers Council, shall issue 

10 guidance on the use of peer-to-peer file sharing software— 

11 (1) to prohibit the download, installation, or use 

12 by Government employees and contractors of open13 network peer-to-peer file sharing software on all 

14 Federal computers, computer systems, and networks, 

15 including those operated by contractors on the Gov16 ernment’s behalf, unless such software is approved 

17 in accordance with procedures under subsection (b); 

18 and 

19 (2) to address the download, installation, or use 

20 by Government employees and contractors of such 

21 software on home or personal computers as it relates 

22 to telework and remotely accessing Federal com23 puters, computer systems, and networks, including 

24 those operated by contractors on the Government’s 

25 behalf. 


jbell on DSKDVH8Z91PROD with BILLS
3 

HR 4098 RFS

1 (b) APPROVAL PROCESS FOR CERTAIN SOFTWARE

2 PROGRAMS.—Not later than 90 days after the date of the 

3 enactment of this Act, the Director of the Office of Man4 agement and Budget shall develop a procedure by which 

5 the Director, in consultation with the Chief Information 

6 Officer, may receive requests from heads of agencies or 

7 chief information officers of agencies for approval for use 

8 by Government employees and contractors of specific 

9 open-network peer-to-peer file sharing software programs 

10 that are— 

11 (1) necessary for the day-to-day business oper12 ations of the agency; 

13 (2) instrumental in completing a particular task 

14 or project that directly supports the agency’s overall 

15 mission; 

16 (3) necessary for use between, among, or within 

17 Federal, State, or local government agencies in order 

18 to perform official agency business; or 

19 (4) necessary for use during the course of a law 

20 enforcement investigation. 

21 (c) AGENCY RESPONSIBILITIES.—Not later than 180 

22 days after the date of enactment of this Act, the Director 

23 of the Office of Management and Budget shall— 


jbell on DSKDVH8Z91PROD with BILLS
4 

HR 4098 RFS

1 (1) direct agencies to establish or update per2 sonal use policies of the agency to be consistent with 

3 the guidance issued pursuant to subsection (a); 

4 (2) direct agencies to require any contract 

5 awarded by the agency to include a requirement that 

6 the contractor comply with the guidance issued pur7 suant to subsection (a) in the performance of the 

8 contract; 

9 (3) direct agencies to update their information 

10 technology security or ethics training policies to en11 sure that all employees, including those working for 

12 contractors on the Government’s behalf, are aware 

13 of the requirements of the guidance required by sub14 section (a) and the consequences of engaging in pro15 hibited conduct; and 

16 (4) direct agencies to ensure that proper secu17 rity controls are in place to prevent, detect, and re18 move file sharing software that is prohibited by the 

19 guidance issued pursuant to subsection (a) from all 

20 Federal computers, computer systems, and networks, 

21 including those operated by contractors on the Gov22 ernment’s behalf. 

23 SEC. 3. ANNUAL REPORT. 

24 Not later than 1 year after the date of the enactment 

25 of this Act, and annually thereafter, the Director of the 


jbell on DSKDVH8Z91PROD with BILLS
5 

HR 4098 RFS

1 Office of Management and Budget shall submit to the 

2 Committee on Oversight and Government Reform of the 

3 House of Representatives and the Committee on Home4 land Security and Governmental Affairs of the Senate a 

5 report on the implementation of this Act, including— 

6 (1) a justification for each open-network peer7 to-peer file sharing software program that is ap8 proved pursuant to subsection (b); and 

9 (2) an inventory of the agencies where such 

10 programs are being used. 

11 SEC. 4. DEFINITIONS. 

12 In this Act: 

13 (1) AGENCY.—The term ‘‘agency’’ has the 

14 meaning provided the term ‘‘Executive agency’’ by 

15 section 105 of title 5, United States Code. 

16 (2) OPEN-NETWORK.—The term ‘‘open-net17 work’’, with respect to software, means a network in 

18 which— 

19 (A) access is granted freely, without limita20 tion or restriction; or 

21 (B) there are little or no security measures 

22 in place. 

23 (3) PEER-TO-PEER FILE SHARING SOFT24 WARE.—The term ‘‘peer-to-peer file sharing soft25 ware’’— 


jbell on DSKDVH8Z91PROD with BILLS
6 

HR 4098 RFS

1 (A) means a program, application, or soft2 ware that is commercially marketed or distrib3 uted to the public and that enables— 

4 (i) a file or files on the computer on 

5 which such program is installed to be des6 ignated as available for searching and 

7 copying to one or more other computers; 

8 (ii) the searching of files on the com9 puter on which such program is installed 

10 and the copying of any such file to another 

11 computer— 

12 (I) at the initiative of such other 

13 computer and without requiring any 

14 action by an owner or authorized user 

15 of the computer on which such pro16 gram is installed; and 

17 (II) without requiring an owner 

18 or authorized user of the computer on 

19 which such program is installed to 

20 have selected or designated another 

21 computer as the recipient of any such 

22 file; and 

23 (iii) an owner or authorized user of 

24 the computer on which such program is in25 stalled to search files on one or more other 


jbell on DSKDVH8Z91PROD with BILLS
7 

HR 4098 RFS

1 computers using the same or a compatible 

2 program, application, or software, and 

3 copy such files to such owner or user’s 

4 computer; and 

5 (B) does not include a program, applica6 tion, or software designed primarily— 

7 (i) to operate as a server that is ac8 cessible over the Internet using the Inter9 net Domain Name system; 

10 (ii) to transmit or receive email mes11 sages, instant messaging, real-time audio 

12 or video communications, or real-time voice 

13 communications; or 

14 (iii) to provide network or computer 

15 security (including the detection or preven16 tion of fraudulent activities), network man17 agement, maintenance, diagnostics, or 

18 technical support or repair. 

19 (4) CONTRACTOR.—The term ‘‘contractor’’ 

20 means a prime contractor or a subcontractor, as de21 fined by the Federal Acquisition Regulation. 

22 SEC. 5. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR 

23 THIS ACT. 

24 The budgetary effects of this Act, for the purpose of 

25 complying with the Statutory Pay-As-You-Go Act of 2010, 


jbell on DSKDVH8Z91PROD with BILLS
8 

HR 4098 RFS

1 shall be determined by reference to the latest statement 

2 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

3 Act, submitted for printing in the Congressional Record 

4 by the Chairman of the House Budget Committee, pro5 vided that such statement has been submitted prior to the 

6 vote on passage. 

Passed the House of Representatives March 24, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


jbell on DSKDVH8Z91PROD with BILLS