S. 3484Senate111th Congress (2009-2011)In Committee

Secure Federal File Sharing Act

Introduced June 14, 2010

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

June 14, 2010

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SenateIntro Referral

Introduced in Senate

June 14, 2010

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

June 14, 2010

Floor Debate

24 members

What members said about S. 3484 on the floor

13 Republicans11 Democrats
Max Baucus
Sen. Max BaucusD-MT · Feb 5, 2009

Mr. President, to set the stage a little for today, to give Senators an opportunity to know the lay of the land, yesterday the Senate put in quite a long day, as we all know. By my count, we…

John Thune
Sen. John ThuneR-SD · Feb 5, 2009

Mr. President, I rise in support of the McCain amendment. Before I speak a little bit to the amendment itself, I want to remind my colleagues why this debate is so important and why the McCain…

John McCain
Sen. John McCainR-AZ · Feb 5, 2009

If the Senator has an urgent matter, I will be happy to yield. For 30 seconds. Mr. President, I ask the pending amendments be set aside and ask consideration of an amendment that I have at the desk.…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Feb 5, 2009

Madam President, at the center of our Nation's current financial crisis are our Nation's automakers and our homeowners. These are our two areas that we cannot afford to ignore, if we are to have any…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Feb 5, 2009

Madam President, this morning a number of us went to the National Prayer Breakfast--I saw the Senator from North Carolina there--which is always a wonderful event. It was especially a good event…

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Charles E. Schumer
Sen. Charles E. SchumerD-NY · Feb 5, 2009

Mr. President, I yield to the Senator from Illinois for a question. I thank my colleague for the question. I am indeed familiar with that. I have to tell my colleague it sort of astounds me how there…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 5, 2009

Mr. President, I would like to respond to the Senator from Arizona, in particular on his amendment, but I also would like to respond in a most general way. Let's have the right starting point. Barack…

Tom Coburn
Sen. Tom CoburnR-OK · Feb 5, 2009

Madam President, I ask unanimous consent that after the order we have set up that following Senator Hutchison, the majority have time, then Senator Wicker have time, then the majority have time, and…

James M. Inhofe
Sen. James M. InhofeR-OK · Feb 5, 2009

Mr. President, I have several comments to make on two different subjects, one of which was broached by the Senator from New York. Before doing that, I would like to yield to my friend from…

Roger F. Wicker
Sen. Roger F. WickerR-MS · Feb 5, 2009

Objection. Will the Senator yield for a question? Mr. President, I assure my colleagues that I will not take long to ask this question. I had hoped my friend from New York and my friend from Illinois…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Feb 5, 2009

Madam President, will my friend be willing to yield for a question? Thank you. Madam President, I want to ask a question of the Senator from Washington State. But I first want to thank her for her…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Feb 5, 2009

Mr. President, first, I commend our good friend and colleague from Montana. He has been on the Senate floor it seems endlessly over the last several weeks with a number of bills--SCHIP and now this…

Jack Reed
Sen. Jack ReedD-RI · Feb 5, 2009

Mr. President, I rise in support of the bill that is before us, the American Recovery and Reinvestment Act. It is designed to save jobs, create jobs, and restore a sense of confidence and hope to the…

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John Ensign
Sen. John EnsignR-NV · Feb 5, 2009

Mr. President, through the Chair, I ask the chairman of the Finance Committee if I would be allowed to ask unanimous consent, not for a time agreement, but for an agreement on the order of speakers…

Carl Levin
Sen. Carl LevinD-MI · Feb 5, 2009

Mr. President, the Inhofe amendment would, in effect, prevent implementing the President's decision to close Guantanamo and undo the benefits to America's standing that have resulted from President…

Lindsey Graham
Sen. Lindsey GrahamR-SC · Feb 5, 2009

I thank the Chair. Absolutely. Yes. A long list. I could not agree with the Senator from Arizona more. No. Now, Mr. President, if I may ask the Chair to let me know when I have used 15 minutes. Mr.…

Maria Cantwell
Sen. Maria CantwellD-WA · Feb 5, 2009

Madam President, I am on the floor to speak about the Cantwell-Hatch amendment. I would call it up, but I know there will be objection on the other side. I want to say that we will be asking for a…

Richard Burr
Sen. Richard BurrR-NC · Feb 5, 2009

Mr. President, I rise today to enthusiastically support the bill of my good friend and colleague Senator John McCain. Let me address one thing that was said. My good friend Senator Jack Reed said we…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Feb 5, 2009

Mr. President, in the presentation of the bill before us, the Senator from Arizona singled out one group--Filipino war veterans-- and suggested that these were men from foreign countries and that we…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Feb 5, 2009

Mr. President, I know the distinguished chairman of the Commerce Committee has spoken, and we are working very hard on an amendment that would be an infrastructure amendment. It would be money that…

Jim DeMint
Sen. Jim DeMintR-SC · Feb 5, 2009

Mr. President, I wish to speak on my amendment that protects religious freedom on college campuses. I start by asking unanimous consent to add Senator Mike Enzi of Wyoming and Senator Jim Bunning of…

Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Feb 5, 2009

Mr. President, I wish to speak as well on the bill we are debating from a couple of different vantage points. One is on the bill itself and what is confronting the American people and our economy.…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Feb 5, 2009

Mr. President, I ask unanimous consent that the Senator from Michigan, Ms. Stabenow, be the next Democratic speaker after the Senator from West Virginia. So I am reinforcing the truth? Mr. President,…

Saxby Chambliss
Sen. Saxby ChamblissR-GA · Feb 5, 2009

Mr. President, does the Senator from Illinois wish to speak after Senator Thune? Mr. President, I ask unanimous consent that I be allowed to speak after whoever speaks on that side, after the next…

Bill Text

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Introduced in SenateIssued June 14, 2010

II

111th CONGRESS

2d Session

S. 3484

IN THE SENATE OF THE UNITED STATES

June 14, 2010

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 Affairs

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.

Short title

This Act may be cited as the Secure Federal File Sharing Act.

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 of the Government, 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 of the Government.

(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 of the Government, 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 of the Government.

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—

(1)

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

(2)

an inventory of the agencies where such programs are being used.

(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.

4.

Definitions

In this Act:

(1)

Agency

The term agency

(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; and

(B)

includes Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities.

(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.