[Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
[Presidential Documents]
[Pages 53273-53274]
From the Federal Register Online via the Government Printing 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