In this subtitle, the following definitions apply:
(A) with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) of that equipment; or
(ii) of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(B) includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(C) does not include any equipment acquired by a federal contractor incidental to a federal contract.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1235; Pub. L. 108–199, div. F, title V, §535(b), Jan. 23, 2004, 118 Stat. 345; Pub. L. 111–350, §5(l)(24), Jan. 4, 2011, 124 Stat. 3852; Pub. L. 115–232, div. A, title VIII, §836(g)(7)(A), Aug. 13, 2018, 132 Stat. 1874.)
Pub. L. 115–232, div. A, title VIII, §836(g)(7)(A), (h), Aug. 13, 2018, 132 Stat. 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, paragraph (1) of this section is amended by striking "Commercial item.—The term 'commercial item' has" and inserting "Commercial product.—The term 'commercial product' has". See 2018 Amendment note below.
|Source (U.S. Code)||Source (Statutes at Large)|
|11101||40:1401.||Pub. L. 104–106, div. E, §5002, Feb. 10, 1996, 110 Stat. 679.|
The text of 40:1401(1) is omitted as unnecessary because the complete name of the Director of the Office of Management and Budget is used the first time the term appears in a section.
2018—Par. (1). Pub. L. 115–232, in heading, substituted "Commercial product" for "Commercial item" and, in text, substituted "The term 'commercial product' has" for "The term 'commercial item' has".
2011—Par. (1). Pub. L. 111–350, §5(l)(24)(A), substituted "section 103 of title 41" for "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)".
Par. (2). Pub. L. 111–350, §5(l)(24)(B), substituted "section 133 of title 41" for "section 4 of the Act (41 U.S.C. 403)".
2004—Par. (6)(A). Pub. L. 108–199, §535(b)(1), inserted "analysis, evaluation," after "storage,".
Par. (6)(B). Pub. L. 108–199, §535(b)(2), substituted "ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer," for "ancillary equipment,".
Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
Ex. Ord. No. 13011, July 16, 1996, 61 F.R. 37657, as amended by Ex. Ord. No. 13284, §16, Jan. 23, 2003, 68 F.R. 4076; Ex. Ord. No. 13286, §18, Feb. 28, 2003, 68 F.R. 10623, which related to information technology policies and reforms for Federal agencies, was revoked by Ex. Ord. No. 13403, §6, May 12, 2006, 71 F.R. 28543.
Ex. Ord. No. 13103, Sept. 30, 1998, 63 F.R. 53273, provided:
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:
(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.
(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.
William J. Clinton.