[Code of Federal Regulations]
[Title 3, Volume 3, 1998 Compilation and Parts 100 to 102]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 3CFR13103]
[Page 221-223]
Executive Order 13103 of September 30, 1998
Computer Software Piracy
The United States Government is the world's largest purchaser of
computer-related services and equipment, purchasing more than $20
billion annually. At a time when a critical component in discussions
with our international trading partners concerns their efforts to combat
piracy of computer software and other intellectual property, it is
incumbent on the United States to ensure that its own practices as a
purchaser and user of computer software are beyond reproach.
Accordingly, by the authority vested in me as President by the
Constitution and the laws of the United States of America, it is hereby
ordered as follows:
Section 1. Policy. It shall be the policy of the United States
Government that each executive agency shall work diligently to prevent
and combat computer software piracy in order to give effect to
copyrights associated with computer software by observing the relevant
provisions of international agreements in effect in the United States,
including applicable provisions of the World Trade Organization
Agreement on Trade-Related Aspects of Intellectual Property Rights, the
Berne Convention for the Protection of Literary and Artistic Works, and
relevant provisions of Federal law, including the Copyright Act.
(a) Each agency shall adopt procedures to ensure that the agency
does not acquire, reproduce, distribute, or transmit computer software
in violation of applicable copyright laws.
(b) Each agency shall establish procedures to ensure that the agency
has present on its computers and uses only computer software not in
violation of applicable copyright laws. These procedures may include:
(1) preparing agency inventories of the software present on its
computers;
(2) determining what computer software the agency has the
authorization to use; and
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(3) developing and maintaining adequate recordkeeping systems.
(c) Contractors and recipients of Federal financial assistance,
including recipients of grants and loan guarantee assistance, should
have appropriate systems and controls in place to ensure that Federal
funds are not used to acquire, operate, or maintain computer software in
violation of applicable copyright laws. If agencies become aware that
contractors or recipients are using Federal funds to acquire, operate,
or maintain computer software in violation of copyright laws and
determine that such actions of the contractors or recipients may affect
the integrity of the agency's contracting and Federal financial
assistance processes, agencies shall take such measures, including the
use of certifications or written assurances, as the agency head deems
appropriate and consistent with the requirements of law.
(d) Executive agencies shall cooperate fully in implementing this
order and shall share information as appropriate that may be useful in
combating the use of computer software in violation of applicable
copyright laws.
Sec. 2. Responsibilities of Agency Heads. In connection with the
acquisition and use of computer software, the head of each executive
agency shall:
(a) ensure agency compliance with copyright laws protecting computer
software and with the provisions of this order to ensure that only
authorized computer software is acquired for and used on the agency's
computers;
(b) utilize performance measures as recommended by the Chief
Information Officers Council pursuant to section 3 of this order to
assess the agency's compliance with this order;
(c) educate appropriate agency personnel regarding copyrights
protecting computer software and the policies and procedures adopted by
the agency to honor them; and
(d) ensure that the policies, procedures, and practices of the
agency related to copyrights protecting computer software are adequate
and fully implement the policies set forth in this order.
Sec. 3. Chief Information Officers Council. The Chief Information
Officers Council (``Council'') established by section 3 of Executive
Order No. 13011 of July 16, 1996, shall be the principal interagency
forum to improve executive agency practices regarding the acquisition
and use of computer software, and monitoring and combating the use of
unauthorized computer software. The Council shall provide advice and
make recommendations to executive agencies and to the Office of
Management and Budget regarding appropriate government-wide measures to
carry out this order. The Council shall issue its initial
recommendations within 6 months of the date of this order.
Sec. 4. Office of Management and Budget. The Director of the Office of
Management and Budget, in carrying out responsibilities under the
Clinger-Cohen Act, shall utilize appropriate oversight mechanisms to
foster agency compliance with the policies set forth in this order. In
carrying out these responsibilities, the Director shall consider any
recommendations made by the Council under section 3 of this order
regarding practices and policies to be instituted on a government-wide
basis to carry out this order.
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Sec. 5. Definition. ``Executive agency'' and ``agency'' have the meaning
given to that term in section 4(1) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(1)).
Sec. 6. National Security. In the interest of national security, nothing
in this order shall be construed to require the disclosure of
intelligence sources or methods or to otherwise impair the authority of
those agencies listed at 50 U.S. 401a(4) to carry out intelligence
activities.
Sec. 7. Law Enforcement Activities. Nothing in this order shall be
construed to require the disclosure of law enforcement investigative
sources or methods or to prohibit or otherwise impair any lawful
investigative or protective activity undertaken for or by any officer,
agent, or employee of the United States or any person acting pursuant to
a contract or other agreement with such entities.
Sec. 8. Scope. Nothing in this order shall be construed to limit or
otherwise affect the interpretation, application, or operation of 28
U.S.C. 1498.
Sec. 9. Judicial Review. This Executive order is intended only to
improve the internal management of the executive branch and does not
create any right or benefit, substantive or procedural, at law or equity
by a party against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
WILLIAM J. CLINTON
THE WHITE HOUSE,
September 30, 1998.