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Union Calendar No. 247 

111TH CONGRESS 

2D SESSION H. R. 4098 

[Report No. 111–431] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2009 

Mr. TOWNS introduced the following bill; which was referred to the Committee 

on Oversight and Government Reform 

MARCH 11, 2010 

Additional sponsors: Mr. WELCH, Ms. BORDALLO, Mr. MELANCON, Mrs. 

BLACKBURN, Ms. WATSON, Mr. BARROW, Mr. QUIGLEY, Mr. FOSTER, 

Mr. DAVIS of Illinois, Ms. CHU, and Ms. NORTON

MARCH 11, 2010 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 4098 RH

A BILL 

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. 


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•HR 4098 RH

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 ‘‘Secure Federal File 

5 Sharing Act’’. 

6 SEC. 2. REQUIREMENTS. 

7 (a) UPDATED GUIDANCE ON USE OF CERTAIN SOFT8 WARE PROGRAMS.—Not later than 90 days after the date 

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

10 of Management and Budget, after consultation with the 

11 Federal Chief Information Officers Council, shall issue 

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

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

14 by Government employees and contractors of open15 network peer-to-peer file sharing software on all 

16 Federal computers, computer systems, and networks, 

17 including those operated by contractors on the Gov18 ernment’s behalf, unless such software is approved 

19 in accordance with procedures under subsection (b); 

20 and 

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

22 by Government employees and contractors of such 

23 software on home or personal computers as it relates 

24 to telework and remotely accessing Federal com25 puters, computer systems, and networks, including 


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1 those operated by contractors on the Government’s 

2 behalf. 

3 (b) APPROVAL PROCESS FOR CERTAIN SOFTWARE

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

5 enactment of this Act, the Director of the Office of Man6 agement and Budget shall develop a procedure by which 

7 the Director, in consultation with the Chief Information 

8 Officer, may receive requests from heads of agencies or 

9 chief information officers of agencies for approval for use 

10 by Government employees and contractors of specific 

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

12 that are— 

13 (1) necessary for the day-to-day business oper14 ations of the agency; 

15 (2) instrumental in completing a particular task 

16 or project that directly supports the agency’s overall 

17 mission; 

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

19 Federal, State, or local government agencies in order 

20 to perform official agency business; or 

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

22 enforcement investigation. 

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

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

25 of the Office of Management and Budget shall— 


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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 one year after the date of the enact25 ment of this Act, and annually thereafter, the Director 


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1 of the Office of Management and Budget shall submit to 

2 the Committee on Oversight and Government Reform of 

3 the House of Representatives and the Committee on 

4 Homeland Security and Governmental Affairs of the Sen5 ate a report on the implementation of this Act, includ6 ing— 

7 (1) a justification for each open-network peer8 to-peer file sharing software program that is ap9 proved pursuant to subsection (b); and 

10 (2) an inventory of the agencies where such 

11 programs are being used. 

12 SEC. 4. DEFINITIONS. 

13 In this Act: 

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

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

16 section 105 of title 5, United States Code. 

17 (2) OPEN-NETWORK.—The term ‘‘open-net18 work’’, with respect to software, means a network in 

19 which— 

20 (A) access is granted freely, without limita21 tion or restriction; or 

22 (B) there are little or no security measures 

23 in place. 


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1 (3) PEER-TO-PEER FILE SHARING SOFT2 WARE.—The term ‘‘peer-to-peer file sharing soft3 ware’’— 

4 (A) means a program, application, or soft5 ware that is commercially marketed or distrib6 uted to the public and that enables— 

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

8 which such program is installed to be des9 ignated as available for searching and 

10 copying to one or more other computers; 

11 (ii) the searching of files on the com12 puter on which such program is installed 

13 and the copying of any such file to another 

14 computer— 

15 (I) at the initiative of such other 

16 computer and without requiring any 

17 action by an owner or authorized user 

18 of the computer on which such pro19 gram is installed; and 

20 (II) without requiring an owner 

21 or authorized user of the computer on 

22 which such program is installed to 

23 have selected or designated another 

24 computer as the recipient of any such 

25 file; and 


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1 (iii) an owner or authorized user of 

2 the computer on which such program is in3 stalled to search files on one or more other 

4 computers using the same or a compatible 

5 program, application, or software, and 

6 copy such files to such owner or user’s 

7 computer; and 

8 (B) does not include a program, applica9 tion, or software designed primarily— 

10 (i) to operate as a server that is ac11 cessible over the Internet using the Inter12 net Domain Name system; 

13 (ii) to transmit or receive email mes14 sages, instant messaging, real-time audio 

15 or video communications, or real-time voice 

16 communications; or 

17 (iii) to provide network or computer 

18 security (including the detection or preven19 tion of fraudulent activities), network man20 agement, maintenance, diagnostics, or 

21 technical support or repair. 

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

23 means a prime contractor or a subcontractor, as de24 fined by the Federal Acquisition Regulation. 


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srobinson on DSKHWCL6B1PROD with BILLS
Union Calendar No. 247 

111TH CONGRESS 

2D SESSION H. R. 4098 

[Report No. 111–431] 

A BILL 

To require the Director of the Office of Manageployees, and for other purposes. personal use of such software by Government em- peer-to-peer file sharing software to prohibit the ment and Budget to issue guidance on the use of 

MARCH 11, 2010 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


srobinson on DSKHWCL6B1PROD with BILLS