[Weekly Compilation of Presidential Documents Volume 34, Number 40 (Monday, October 5, 1998)]
[Pages 1941-1942]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13103--Computer Software Piracy

September 30, 1998

    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 compute 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;

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    (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 on 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.
                                            William J. Clinton
The White House,
September 30, 1998.

[Filed with the Office of the Federal Register, 8:45 a.m., October 2, 
1998]

Note: This Executive order was released by the Office of the Press 
Secretary on October 1, and it was published in the Federal Register on 
October 5.