text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Secure Federal File Sharing Act''.
  
  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--
              (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 
          on the Government's behalf, unless such software is approved in 
          accordance with procedures under subsection (b); and
              (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 on the Government's 
          behalf.
      (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--
              (1) necessary for the day-to-day business operations of the 
          agency;
              (2) instrumental in completing a particular task or project 
          that directly supports the agency's overall mission;
              (3) necessary for use between, among, or within Federal, 
          State, or local government agencies in order to perform 
          official agency business; or
              (4) necessary for use during the course of a law 
          enforcement investigation.
      (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--
              (1) direct agencies to establish or update personal use 
          policies of the agency to be consistent with the guidance 
          issued pursuant to subsection (a);
              (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;
              (3) direct agencies to update their information technology 
          security or ethics training policies to ensure that all 
          employees, including those working for contractors on the 
          Government's behalf, are aware of the requirements of the 
          guidance required by subsection (a) and the consequences of 
          engaging in prohibited conduct; and
              (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 on the 
          Government's behalf.
  
  SEC. 3. ANNUAL REPORT.
  
      Not later than 1 year after the date of the 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--
              (1) a justification for each open-network peer-to-peer file 
          sharing software program that is approved pursuant to 
          subsection (b); and
              (2) an inventory of the agencies where such programs are 
          being used.
  
  SEC. 4. DEFINITIONS.
  
      In this Act:
              (1) Agency.--The term ``agency'' has the meaning provided 
          the term ``Executive agency'' by section 105 of title 5, United 
          States Code.
              (2) Open-network.--The term ``open-network'', with respect 
          to software, means a network in which--
                      (A) access is granted freely, without limitation or 
                  restriction; or
                      (B) there are little or no security measures in 
                  place.
              (3) Peer-to-peer file sharing software.--The term ``peer-
          to-peer file sharing software''--
                      (A) means a program, application, or software that 
                  is commercially marketed or distributed to the public 
                  and that enables--
                              (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;
                              (ii) the searching of files on the computer 
                          on which such program is installed and the 
                          copying of any such file to another computer--
                                      (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; and
                                      (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; and
                              (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; and
                      (B) does not include a program, application, or 
                  software designed primarily--
                              (i) to operate as a server that is 
                          accessible over the Internet using the Internet 
                          Domain Name system;
                              (ii) to transmit or receive email messages, 
                          instant messaging, real-time audio or video 
                          communications, or real-time voice 
                          communications; or
                              (iii) to provide network or computer 
                          security (including the detection or prevention 
                          of fraudulent activities), network management, 
                          maintenance, diagnostics, or technical support 
                          or repair.
              (4) Contractor.--The term ``contractor'' means a prime 
          contractor or a subcontractor, as defined by the Federal 
          Acquisition Regulation.
  
  SEC. 5. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT.
  
      The budgetary effects of this Act, for the purpose of complying 
  with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
  reference to the latest statement titled ``Budgetary Effects of PAYGO 
  Legislation'' for this Act, submitted for printing in the Congressional 
  Record by the Chairman of the House Budget Committee, provided that 
  such statement has been submitted prior to the vote on passage.
  
              Passed the House of Representatives March 24, 2010.
  
              Attest:
  
                                              LORRAINE C. MILLER,
  
                                                                   Clerk.
target: Secure Federal File Sharing Act - Requires the Director of the Office of Management and Budget (OMB) to issue guidance to: (1) 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, unless approved in accordance with procedures under this Act; and (2) 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.
  
  Requires the Director to develop a procedure for receiving requests from heads 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: (1) necessary for day-to-day business operations, for use in the course of a law enforcement investigation, or to perform official agency business; or (2) instrumental in completing a particular task or project that directly supports the agency's overall mission.
  
  Requires the Director to direct agencies to: (1) establish or update personal use policies to be consistent with the guidance issued under this Act; (2) require contracts to require contractor compliance with that guidance; (3) update their information technology security or ethics training policies to ensure that all employees are aware of the requirements of that guidance and the consequences of engaging in prohibited conduct; and (4) ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited.
  
  Requires the Director to report annually to specified congressional committees, including: (1) a justification for each open-network peer-to-peer file sharing software program that is approved under this Act; and (2) an inventory of the agencies where such programs are being used.
  
  Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
feat_title: 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.