S 3484 ISCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

June 14, 2010CommentsClose CommentsPermalink

Mrs. MCCASKILL (for herself and Mr. BENNETT) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Secure Federal File Sharing Act’.CommentsClose CommentsPermalink

SEC. 2. REQUIREMENTS.

(a) Updated Guidance on Use of Certain Software Programs- Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, after consultation with the Federal Chief Information Officers Council, shall issue guidance on the use of peer-to-peer file sharing software--CommentsClose CommentsPermalink





(1) to prohibit the download, installation, or use by Government employees and contractors of open-network peer-to-peer file sharing software on all Federal computers, computer systems, and networks, including those operated by contractors of the Government, unless such software is approved in accordance with procedures under subsection (b); andCommentsClose CommentsPermalink





(2) to address the download, installation, or use by Government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing Federal computers, computer systems, and networks, including those operated by contractors of the Government.CommentsClose CommentsPermalink





(b) Approval Process for Certain Software Programs- Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall develop a procedure by which the Director, in consultation with the Chief Information Officer, may receive requests from heads of agencies or chief information officers of agencies for approval for use by Government employees and contractors of specific open-network peer-to-peer file sharing software programs that are--CommentsClose CommentsPermalink





(1) necessary for the day-to-day business operations of the agency;CommentsClose CommentsPermalink





(2) instrumental in completing a particular task or project that directly supports the agency’s overall mission;CommentsClose CommentsPermalink





(3) necessary for use between, among, or within Federal, State, or local government agencies in order to perform official agency business; orCommentsClose CommentsPermalink





(4) necessary for use during the course of a law enforcement investigation.CommentsClose CommentsPermalink





(c) Agency Responsibilities- Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall--CommentsClose CommentsPermalink





(1) direct agencies to establish or update personal use policies of the agency to be consistent with the guidance issued pursuant to subsection (a);CommentsClose CommentsPermalink





(2) direct agencies to require any contract awarded by the agency to include a requirement that the contractor comply with the guidance issued pursuant to subsection (a) in the performance of the contract;CommentsClose CommentsPermalink





(3) direct agencies to update their information technology security or ethics training policies to ensure that all employees, including those working for contractors of the Government, are aware of the requirements of the guidance required by subsection (a) and the consequences of engaging in prohibited conduct; andCommentsClose CommentsPermalink





(4) direct agencies to ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited by the guidance issued pursuant to subsection (a) from all Federal computers, computer systems, and networks, including those operated by contractors of the Government.CommentsClose CommentsPermalink

SEC. 3. ANNUAL REPORT.

(a) In General- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the implementation of this Act, including--CommentsClose CommentsPermalink





(1) a justification for each open-network peer-to-peer file sharing software program that is approved under subsection (b); andCommentsClose CommentsPermalink





(2) an inventory of the agencies where such programs are being used.CommentsClose CommentsPermalink





(b) Rule of Construction- Nothing in this section shall be construed to require the disclosure of any information relating to any confidential Government operation or investigation, including any law enforcement, national security, or terrorism investigation.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) AGENCY- The term ‘agency’--CommentsClose CommentsPermalink





(A) means any executive department, military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; andCommentsClose CommentsPermalink





(B) includes Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities.CommentsClose CommentsPermalink





(2) OPEN-NETWORK- The term ‘open-network’, with respect to software, means a network in which--CommentsClose CommentsPermalink





(A) access is granted freely, without limitation or restriction; orCommentsClose CommentsPermalink





(B) there are little or no security measures in place.CommentsClose CommentsPermalink





(3) PEER-TO-PEER FILE SHARING SOFTWARE- The term ‘peer-to-peer file sharing software’--CommentsClose CommentsPermalink





(A) means a program, application, or software that is commercially marketed or distributed to the public and that enables--CommentsClose CommentsPermalink





(i) a file or files on the computer on which such program is installed to be designated as available for searching and copying to one or more other computers;CommentsClose CommentsPermalink





(ii) the searching of files on the computer on which such program is installed and the copying of any such file to another computer--CommentsClose CommentsPermalink





(I) at the initiative of such other computer and without requiring any action by an owner or authorized user of the computer on which such program is installed; andCommentsClose CommentsPermalink





(II) without requiring an owner or authorized user of the computer on which such program is installed to have selected or designated another computer as the recipient of any such file; andCommentsClose CommentsPermalink





(iii) an owner or authorized user of the computer on which such program is installed to search files on one or more other computers using the same or a compatible program, application, or software, and copy such files to such owner or user’s computer; andCommentsClose CommentsPermalink





(B) does not include a program, application, or software designed primarily--CommentsClose CommentsPermalink





(i) to operate as a server that is accessible over the Internet using the Internet Domain Name system;CommentsClose CommentsPermalink





(ii) to transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications; orCommentsClose CommentsPermalink





(iii) to provide network or computer security (including the detection or prevention of fraudulent activities), network management, maintenance, diagnostics, or technical support or repair.CommentsClose CommentsPermalink





(4) CONTRACTOR- The term ‘contractor’ means a prime contractor or a subcontractor, as defined by the Federal Acquisition Regulation.CommentsClose CommentsPermalink