[Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
[Presidential Documents]
[Pages 53273-53274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26799]




                        Presidential Documents 



Federal Register / Vol. 63, No. 192 / Monday, October 5, 1998 / 
Presidential Documents

[[Page 53273]]


                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
                    (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;

[[Page 53274]]

                    (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.

                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.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 30, 1998.

[FR Doc. 98-26799
Filed 10-2-98; 8:45 am]
Billing code 3195-01-P