[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
