Monday, October 5, 1998
Vol. 34, No. 40
Executive Order 13103--Computer software piracy
William J Clinton
�� September 30,
� 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
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.
agency has present on its computers and uses only computer software
not in violation of applicable copyright laws. These procedures may
� (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 la,vs. 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
including the use of certifications or written assurances, as the
agency head deems appropriate and consistent with the requirements of
� (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
� Sec. 2. Responsibilities of Agency Heads. In connection with the
acquisition and use of computer software, the head of each executive
� (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
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 bv 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
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
� 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 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 other vise 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
Secretary on October 1, and it was published in the Federal Register
on October 5.