I 

111TH CONGRESS 

1ST SESSION H. R. 4098 

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 

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. 

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’’. 


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1 SEC. 2. REQUIREMENTS. 

2 (a) UPDATED GUIDANCE ON USE OF CERTAIN SOFT3 WARE PROGRAMS.—Not later than 90 days after the date 

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

5 of Management and Budget, after consultation with the 

6 Federal Chief Information Officers Council, shall issue 

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

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

9 by Government employees and contractors of open10 network peer-to-peer file sharing software on all 

11 Federal computers, computer systems, and networks, 

12 including those operated by contractors on the Gov13 ernment’s behalf, unless such software is approved 

14 in accordance with procedures under subsection (b); 

15 and 

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

17 by Government employees and contractors of such 

18 software on home or personal computers as it relates 

19 to telework and remotely accessing Federal com20 puters, computer systems, and networks, including 

21 those operated by contractors on the Government’s 

22 behalf. 

23 (b) APPROVAL PROCESS FOR CERTAIN SOFTWARE

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

25 enactment of this Act, the Director of the Office of Man26 agement and Budget shall develop a procedure by which 


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1 the Director, in consultation with the Chief Information 

2 Officer, may receive requests from heads of agencies or 

3 chief information officers of agencies for approval for use 

4 by Government employees and contractors of specific 

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

6 that are— 

7 (1) necessary for the day-to-day business oper8 ations of the agency; 

9 (2) instrumental in completing a particular task 

10 or project that directly supports the agency’s overall 

11 mission; 

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

13 Federal, State, or local government agencies in order 

14 to perform official agency business; or 

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

16 enforcement investigation. 

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

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

19 of the Office of Management and Budget shall— 

20 (1) direct agencies to establish or update per21 sonal use policies of the agency to be consistent with 

22 the guidance issued pursuant to subsection (a); 

23 (2) direct agencies to require any contract 

24 awarded by the agency to include a requirement that 

25 the contractor comply with the guidance issued purVerDate Nov 24 2008 00:22 Nov 18, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4098.IH H4098

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1 suant to subsection (a) in the performance of the 

2 contract; 

3 (3) direct agencies to update their information 

4 technology security or ethics training policies to en5 sure that all employees, including those working for 

6 contractors on the Government’s behalf, are aware 

7 of the requirements of the guidance required by sub8 section (a) and the consequences of engaging in pro9 hibited conduct; and 

10 (4) direct agencies to ensure that proper secu11 rity controls are in place to prevent, detect, and re12 move file sharing software that is prohibited by the 

13 guidance issued pursuant to subsection (a) from all 

14 Federal computers, computer systems, and networks, 

15 including those operated by contractors on the Gov16 ernment’s behalf. 

17 SEC. 3. ANNUAL REPORT. 

18 Not later than one year after the date of the enact19 ment of this Act, and annually thereafter, the Director 

20 of the Office of Management and Budget shall submit to 

21 the Committee on Oversight and Government Reform of 

22 the House of Representatives and the Committee on 

23 Homeland Security and Governmental Affairs of the Sen24 ate a report on the implementation of this Act, includ25 ing— 


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1 (1) a justification for each open-network peer2 to-peer file sharing software program that is ap3 proved pursuant to subsection (b); and 

4 (2) an inventory of the agencies where such 

5 programs are being used. 

6 SEC. 4. DEFINITIONS. 

7 In this Act: 

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

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

10 section 105 of title 5, United States Code. 

11 (2) OPEN-NETWORK.—The term ‘‘open-net12 work’’, with respect to software, means a network in 

13 which— 

14 (A) access is granted freely, without limita15 tion or restriction; or 

16 (B) there are little or no security measures 

17 in place. 

18 (3) PEER-TO-PEER FILE SHARING SOFT19 WARE.—The term ‘‘peer-to-peer file sharing soft20 ware’’— 

21 (A) means a program, application, or soft22 ware that is commercially marketed or distrib23 uted to the public and that enables— 

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

25 which such program is installed to be desVerDate Nov 24 2008 00:22 Nov 18, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4098.IH H4098

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1 ignated as available for searching and 

2 copying to one or more other computers; 

3 (ii) the searching of files on the com4 puter on which such program is installed 

5 and the copying of any such file to another 

6 computer— 

7 (I) at the initiative of such other 

8 computer and without requiring any 

9 action by an owner or authorized user 

10 of the computer on which such pro11 gram is installed; and 

12 (II) without requiring an owner 

13 or authorized user of the computer on 

14 which such program is installed to 

15 have selected or designated another 

16 computer as the recipient of any such 

17 file; and 

18 (iii) an owner or authorized user of 

19 the computer on which such program is in20 stalled to search files on one or more other 

21 computers using the same or a compatible 

22 program, application, or software, and 

23 copy such files to such owner or user’s 

24 computer; and 


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1 (B) does not include a program, applica2 tion, or software designed primarily— 

3 (i) to operate as a server that is ac4 cessible over the Internet using the Inter5 net Domain Name system; 

6 (ii) to transmit or receive email mes7 sages, instant messaging, real-time audio 

8 or video communications, or real-time voice 

9 communications; or 

10 (iii) to provide network or computer 

11 security (including the detection or preven12 tion of fraudulent activities), network man13 agement, maintenance, diagnostics, or 

14 technical support or repair. 

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

16 means a prime contractor or a subcontractor, as de17 fined by the Federal Acquisition Regulation. 

Æ 


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