
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC1401]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
              CHAPTER 25--INFORMATION TECHNOLOGY MANAGEMENT
 
Sec. 1401. Definitions

    In this chapter:

                            (1) Director

        The term ``Director'' means the Director of the Office of 
    Management and Budget.

                        (2) Executive agency

        The term ``executive agency'' has the meaning given that term in 
    section 403(1) of title 41.

                     (3) Information technology

        (A) The term ``information technology'', with respect to an 
    executive agency means any equipment or interconnected system or 
    subsystem of equipment, that is used in the automatic acquisition, 
    storage, manipulation, management, movement, control, display, 
    switching, interchange, transmission, or reception of data or 
    information by the executive agency. For purposes of the preceding 
    sentence, equipment is used by an 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 which (i) requires the 
    use of such equipment, or (ii) requires the use, to a significant 
    extent, of such equipment in the performance of a service or the 
    furnishing of a product.
        (B) The term ``information technology'' includes computers, 
    ancillary equipment, software, firmware and similar procedures, 
    services (including support services), and related resources.
        (C) Notwithstanding subparagraphs (A) and (B), the term 
    ``information technology'' does not include any equipment that is 
    acquired by a Federal contractor incidental to a Federal contract.

                      (4) Information resources

        The term ``information resources'' has the meaning given such 
    term in section 3502(6) of title 44.

                (5) Information resources management

        The term ``information resources management'' has the meaning 
    given such term in section 3502(7) of title 44.

                       (6) Information system

        The term ``information system'' has the meaning given such term 
    in section 3502(8) of title 44.

                         (7) Commercial item

        The term ``commercial item'' has the meaning given that term in 
    section 403(12) of title 41.

(Pub. L. 104-106, div. E, Sec. 5002, Feb. 10, 1996, 110 Stat. 679.)

                       References in Text

    This chapter, referred to in text, was in the original ``this 
division'' meaning division E (Secs. 5001-5703) of Pub. L. 104-106, Feb. 
10, 1996, 110 Stat. 679, which is classified principally to this 
chapter. For complete classification of division E to the Code, see 
Short Title note set out below and Tables.


                             Effective Date

    Section 5701 of title LVII of div. E of Pub. L. 104-106 provided 
that: ``This division [div. E (Secs. 5001-5703) of Pub. L. 104-106, see 
Short Title note below] and the amendments made by this division shall 
take effect 180 days after the date of the enactment of this Act [Feb. 
10, 1996].''


                               Short Title

    Section 5001 of div. E of Pub. L. 104-106, as amended by Pub. L. 
104-208, div. A, title I, Sec. 101(f) [title VIII, Sec. 808(b)], Sept. 
30, 1996, 110 Stat. 3009-314, 3009-394, provided that: ``This division 
[div. E (Secs. 5001-5703) of Pub. L. 104-106, see Tables for 
classification] and division D [Secs. 4001-4402 of Pub. L. 104-106, see 
Tables for classification] may be cited as the `Clinger-Cohen Act of 
1996'.''


                            Savings Provision

    Section 5702 of title LVII of div. E of Pub. L. 104-106 provided 
that:
    ``(a) Regulations, Instruments, Rights, and Privileges.--All rules, 
regulations, contracts, orders, determinations, permits, certificates, 
licenses, grants, and privileges--
        ``(1) which have been issued, made, granted, or allowed to 
    become effective by the Administrator of General Services or the 
    General Services Board of Contract Appeals, or by a court of 
    competent jurisdiction, in connection with an acquisition activity 
    carried out under section 111 of the Federal Property and 
    Administrative Services Act of 1949 ([former] 40 U.S.C. 759), and
        ``(2) which are in effect on the effective date of this division 
    [see Effective Date note above],
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the Director or any other authorized official, by a court of competent 
jurisdiction, or by operation of law.
    ``(b) Proceedings.--
        ``(1) Proceedings generally.--This division [see Short Title 
    note above] and the amendments made by this division shall not 
    affect any proceeding, including any proceeding involving a claim, 
    application, or protest in connection with an acquisition activity 
    carried out under section 111 of the Federal Property and 
    Administrative Services Act of 1949 ([former] 40 U.S.C. 759) that is 
    pending before the Administrator of General Services or the General 
    Services Board of Contract Appeals on the effective date of this 
    division.
        ``(2) Orders.--Orders may be issued in any such proceeding, 
    appeals may be taken therefrom, and payments may be made pursuant to 
    such orders, as if this division had not been enacted. An order 
    issued in any such proceeding shall continue in effect until 
    modified, terminated, superseded, or revoked in accordance with law 
    by the Director or any other authorized official, by a court of 
    competent jurisdiction, or by operation of law.
        ``(3) Discontinuance or modification of proceedings not 
    prohibited.--Nothing in this subsection prohibits the discontinuance 
    or modification of any such proceeding under the same terms and 
    conditions and to the same extent that such proceeding could have 
    been discontinued or modified if this Act [see Tables for 
    classification] had not been enacted.
        ``(4) Other authority and prohibition.--Section 1558(a) of title 
    31, United States Code, and the second sentence of section 3552 of 
    such title shall continue to apply with respect to a protest process 
    in accordance with this subsection.
        ``(5) Regulations for transfer of proceedings.--The Director may 
    prescribe regulations providing for the orderly transfer of 
    proceedings continued under paragraph (1).
    ``(c) Standards and Guidelines for Federal Computer Systems.--
Standards and guidelines that are in effect for Federal computer systems 
under section 111(d) of the Federal Property and Administrative Services 
Act of 1949 ([former] 40 U.S.C. 759(d)) on the day before the effective 
date of this division shall remain in effect until modified, terminated, 
superseded, revoked, or disapproved under the authority of section 5131 
of this Act [40 U.S.C. 1441].''


                          Rules of Construction

    Section 5703 of title LVII of div. E of Pub. L. 104-106 provided 
that:
    ``(a) Relationship to Title 44, United States Code.--Nothing in this 
division [see Short Title note above] shall be construed to amend, 
modify, or supersede any provision of title 44, United States Code, 
other than chapter 35 of such title.
    ``(b) Relationship to Computer Security Act of 1987.--Nothing in 
this division shall affect the limitations on authority that is provided 
for in the administration of the Computer Security Act of 1987 (Public 
Law 100-235) [enacting sections 278g-3 and 278g-4 of Title 15, Commerce 
and Trade, amending section 759 of this title and section 272 of Title 
15, and enacting provisions set out as notes under section 1441 of this 
title and section 271 of Title 15] and the amendments made by such 
Act.''

           Ex. Ord. No. 13011. Federal Information Technology

    Ex. Ord. No. 13011, July 16, 1996, 61 F.R. 37657, provided:
    A Government that works better and costs less requires efficient and 
effective information systems. The Paperwork Reduction Act of 1995 [44 
U.S.C. 3501 et seq.] and the Information Technology Management Reform 
Act of 1996 [now Clinger-Cohen Act of 1996, see Short Title note above] 
provide the opportunity to improve significantly the way the Federal 
Government acquires and manages information technology. Agencies now 
have the clear authority and responsibility to make measurable 
improvements in mission performance and service delivery to the public 
through the strategic application of information technology. A 
coordinated approach that builds on existing structures and successful 
practices is needed to provide maximum benefit across the Federal 
Government from this technology.
    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 executive agencies shall: (a) significantly improve the 
management of their information systems, including the acquisition of 
information technology, by implementing the relevant provisions of the 
Paperwork Reduction Act of 1995 (Public Law 104-13) [44 U.S.C. 3501 et 
seq.], the Information Technology Management Reform Act of 1996 
(Division E of Public Law 104-106) (``Information Technology Act'') [now 
Clinger-Cohen Act of 1996, see Short Title note above], and the 
Government Performance and Results Act of 1993 (Public Law 103-62) [see 
Short Title of 1993 Amendment note set out under section 1101 of Title 
31, Money and Finance];
    (b) refocus information technology management to support directly 
their strategic missions, implement an investment review process that 
drives budget formulation and execution for information systems, and 
rethink and restructure the way they perform their functions before 
investing in information technology to support that work;
    (c) establish clear accountability for information resources 
management activities by creating agency Chief Information Officers 
(CIOs) with the visibility and management responsibilities necessary to 
advise the agency head on the design, development, and implementation of 
those information systems. These responsibilities include: (1) 
participating in the investment review process for information systems; 
(2) monitoring and evaluating the performance of those information 
systems on the basis of applicable performance measures; and, (3) as 
necessary, advising the agency head to modify or terminate those 
systems;
    (d) cooperate in the use of information technology to improve the 
productivity of Federal programs and to promote a coordinated, 
interoperable, secure, and shared Governmentwide infrastructure that is 
provided and supported by a diversity of private sector suppliers and a 
well-trained corps of information technology professionals; and
    (e) establish an interagency support structure that builds on 
existing successful interagency efforts and shall provide expertise and 
advice to agencies; expand the skill and career development 
opportunities of information technology professionals; improve the 
management and use of information technology within and among agencies 
by developing information technology procedures and standards and by 
identifying and sharing experiences, ideas, and promising practices; and 
provide innovative, multi-disciplinary, project-specific support to 
agencies to enhance interoperability, minimize unnecessary duplication 
of effort, and capitalize on agency successes.
    Sec. 2. Responsibilities of Agency Heads. The head of each executive 
agency shall: (a) effectively use information technology to improve 
mission performance and service to the public;
    (b) strengthen the quality of decisions about the employment of 
information resources to meet mission needs through integrated analysis, 
planning, budgeting, and evaluation processes, including:
    (1) determining, before making investments in new information 
systems, whether the Government should be performing the function, if 
the private sector or another agency should support the function, and if 
the function needs to be or has been appropriately redesigned to improve 
its efficiency;
    (2) establishing mission-based performance measures for information 
systems investments, aligned with agency performance plans prepared 
pursuant to the Government Performance and Results Act of 1993 (Public 
Law 103-62);
    (3) establishing agency-wide and project-level management structures 
and processes responsible and accountable for managing, selecting, 
controlling, and evaluating investments in information systems, with 
authority for terminating information systems when appropriate;
    (4) supporting appropriate training of personnel; and
    (5) seeking the advice of, participating in, and supporting the 
interagency support structure set forth in this order;
    (c) select CIOs with the experience and skills necessary to 
accomplish the duties set out in law and policy, including this order, 
and involve the CIO at the highest level of the agency in the processes 
and decisions set out in this section;
    (d) ensure that the information security policies, procedures, and 
practices of the executive agency are adequate;
    (e) where appropriate, and in accordance with the Federal 
Acquisition Regulation and guidance to be issued by the Office of 
Management and Budget (OMB), structure major information systems 
investments into manageable projects as narrow in scope and brief in 
duration as practicable, consistent with the Information Technology Act, 
to reduce risk, promote flexibility and interoperability, increase 
accountability, and better correlate mission need with current 
technology and market conditions; and
    (f) to the extent permitted by law, enter into a contract that 
provides for multiagency acquisitions of information technology as an 
executive agent for the Government, if and in the manner that the 
Director of OMB considers it advantageous to do so.
    Sec. 3. Chief Information Officers Council. (a) Purpose and 
Functions. A Chief Information Officers Council (``CIO Council'') is 
established as the principal interagency forum to improve agency 
practices on such matters as the design, modernization, use, sharing, 
and performance of agency information resources. The Council shall:
    (1) develop recommendations for overall Federal information 
technology management policy, procedures, and standards;
    (2) share experiences, ideas, and promising practices, including 
work process redesign and the development of performance measures, to 
improve the management of information resources;
    (3) identify opportunities, make recommendations for, and sponsor 
cooperation in using information resources;
    (4) assess and address the hiring, training, classification, and 
professional development needs of the Federal Government with respect to 
information resources management;
    (5) make recommendations and provide advice to appropriate executive 
agencies and organizations, including advice to OMB on the 
Governmentwide strategic plan required by the Paperwork Reduction Act of 
1995; and
    (6) seek the views of the Chief Financial Officers Council, 
Government Information Technology Services Board, Information Technology 
Resources Board, Federal Procurement Council, industry, academia, and 
State and local governments on matters of concern to the Council as 
appropriate.
    (b) Membership. The CIO Council shall be composed of the CIOs and 
Deputy CIOs of the following executive agencies plus two representatives 
from other agencies:
    1. Department of State;
    2. Department of the Treasury;
    3. Department of Defense;
    4. Department of Justice;
    5. Department of the Interior;
    6. Department of Agriculture;
    7. Department of Commerce;
    8. Department of Labor;
    9. Department of Health and Human Services;
    10. Department of Housing and Urban Development;
    11. Department of Transportation;
    12. Department of Energy;
    13. Department of Education;
    14. Department of Veterans Affairs;
    15. Environmental Protection Agency;
    16. Federal Emergency Management Agency;
    17. Central Intelligence Agency;
    18. Small Business Administration;
    19. Social Security Administration;
    20. Department of the Army;
    21. Department of the Navy;
    22. Department of the Air Force;
    23. National Aeronautics and Space Administration;
    24. Agency for International Development;
    25. General Services Administration;
    26. National Science Foundation;
    27. Nuclear Regulatory Commission; and
    28. Office of Personnel Management.
The Administrator of the Office of Information and Regulatory Affairs of 
OMB, the Controller of the Office of Federal Financial Management of 
OMB, the Administrator of the Office of Federal Procurement Policy of 
OMB, a Senior Representative of the Office of Science and Technology 
Policy, the Chair of the Government Information Technology Services 
Board, and the Chair of the Information Technology Resources Board shall 
also be members. The CIO Council shall be chaired by the Deputy Director 
for Management of OMB. The Vice Chair, elected by the CIO Council on a 
rotating basis, shall be an agency CIO.
    Sec. 4. Government Information Technology Services Board.
    (a) Purpose and Functions. A Government Information Technology 
Services Board (``Services Board'') is established to ensure continued 
implementation of the information technology recommendations of the 
National Performance Review and to identify and promote the development 
of innovative technologies, standards, and practices among agencies and 
State and local governments and the private sector. It shall seek the 
views of experts from industry, academia, and State and local 
governments on matters of concern to the Services Board as appropriate. 
The Services Board shall also make recommendations to the agencies, the 
CIO Council, OMB, and others as appropriate, and assist in the 
following:
    (1) creating opportunities for cross-agency cooperation and 
intergovernmental approaches in using information resources to support 
common operational areas and to develop and provide shared 
governmentwide infrastructure services;
    (2) developing shared governmentwide information infrastructure 
services to be used for innovative, multiagency information technology 
projects;
    (3) creating and utilizing affinity groups for particular business 
or technology areas; and
    (4) developing with the National Institute of Standards and 
Technology and with established standards bodies, standards and 
guidelines pertaining to Federal information systems, consistent with 
the limitations contained in the Computer Security Act of 1987 (40 
U.S.C. 759 note), as amended by the Information Technology Act.
    (b) Membership. The Services Board shall be composed of individuals 
from agencies based on their proven expertise or accomplishments in 
fields necessary to achieve its goals. Major government mission areas 
such as electronic benefits, electronic commerce, law enforcement, 
environmental protection, national defense, and health care may be 
represented on the Services Board to provide a program operations 
perspective. Initial selection of members will be made by OMB in 
consultation with other agencies as appropriate. The CIO Council may 
nominate two members. The Services Board shall recommend new members to 
OMB for consideration. The Chair will be elected by the Services Board.
    Sec. 5. Information Technology Resources Board.
    (a) Purpose and Functions. An Information Technology Resources Board 
(``Resources Board'') is established to provide independent assessments 
to assist in the development, acquisition, and management of selected 
major information systems and to provide recommendations to agency heads 
and OMB as appropriate. The Resources Board shall:
    (1) review, at the request of an agency and OMB, specific 
information systems proposed or under development and make 
recommendations to the agency and OMB regarding the status of systems or 
next steps;
    (2) publicize lessons learned and promising practices based on 
information systems reviewed by the Board; and
    (3) seek the views of experts from industry, academia, and State and 
local governments on matters of concern to the Resources Board, as 
appropriate.
    (b) Membership. The Resources Board shall be composed of individuals 
from executive branch agencies based on their knowledge of information 
technology, program, or acquisition management within Federal agencies. 
Selection of members shall be made by OMB in consultation with other 
agencies as appropriate. The Chair will be elected by the Resources 
Board. The Resources Board may call upon the department or agency whose 
project is being reviewed, or any other department or agency to provide 
knowledgeable representative(s) to the Board whose guidance and 
expertise will assist in focusing on the primary issue(s) presented by a 
specific system.
    Sec. 6. Office of Management and Budget. The Director of OMB shall:
    (1) evaluate agency information resources management practices and, 
as part of the budget process, analyze, track and evaluate the risks and 
results of all major capital investments for information systems;
    (2) notify an agency if it believes that a major information system 
requires outside assistance;
    (3) provide guidance on the implementation of this order and on the 
management of information resources to the executive agencies and to the 
Boards established by this order; and
    (4) evaluate the effectiveness of the management structure set out 
in this order after 3 years and make recommendations for any appropriate 
changes.
    Sec. 7. General Services Administration. Under the direction of OMB, 
the Administrator of General Services shall:
    (1) continue to manage the FTS2000 program and coordinate the 
follow-on to that program, on behalf of and with the advice of customer 
agencies;
    (2) develop, maintain, and disseminate for the use of the Federal 
community, as requested by OMB or the agencies, recommended methods and 
strategies for the development and acquisition of information 
technology;
    (3) conduct and manage outreach programs in cooperation with agency 
managers;
    (4) be a focal point for liaison on information resources 
management, including Federal information technology, with State and 
local governments, and with nongovernmental international organizations 
subject to prior consultation with the Secretary of State to ensure such 
liaison would be consistent with and support overall United States 
foreign policy objectives;
    (5) support the activities of the Secretary of State for liaison, 
consultation, and negotiation with intergovernmental organizations in 
information resources management matters;
    (6) assist OMB, as requested, in evaluating agencies' performance-
based management tracking systems and agencies' achievement of cost, 
schedule, and performance goals; and
    (7) provide support and assistance to the interagency groups 
established in this order.
    Sec. 8. Department of Commerce. The Secretary of Commerce shall 
carry out the standards responsibilities under the Computer Security Act 
of 1987 [40 U.S.C. 1441 note], as amended by the Information Technology 
Act, taking into consideration the recommendations of the agencies, the 
CIO Council, and the Services Board.
    Sec. 9. Department of State. (a) The Secretary of State shall be 
responsible for liaison, consultation, and negotiation with foreign 
governments and intergovernmental organizations on all matters related 
to information resources management, including Federal information 
technology. The Secretary shall further ensure, in consultation with the 
Secretary of Commerce, that the United States is represented in the 
development of international standards and recommendations affecting 
information technology. In the exercise of these responsibilities, the 
Secretary shall consult, as appropriate, with affected domestic 
agencies, organizations, and other members of the public.
    (b) The Secretary of State shall advise the Director on the 
development of United States positions and policies on international 
information policy and technology issues affecting Federal Government 
activities and the development of international information technology 
standards.
    Sec. 10. Definitions. (a) ``Executive agency'' has the meaning given 
to that term in section 4(1) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 403(1)).
    (b) ``Information Technology'' has the meaning given that term in 
section 5002 of the Information Technology Act [40 U.S.C. 1401].
    (c) ``Information resources'' has the meaning given that term in 
section 3502(6) of title 44, United States Code.
    (d) ``Information resources management'' has the meaning given that 
term in section 3502(7) of title 44, United States Code.
    (e) ``Information system'' has the meaning given that term in 
section 3502(8) of title 44, United States Code.
    (f) ``Affinity group'' means any interagency group focussed on a 
business or technology area with common information technology or 
customer requirements. The functions of an affinity group can include 
identifying common program goals and requirements; identifying 
opportunities for sharing information to improve quality and 
effectiveness; reducing costs and burden on the public; and recommending 
protocols and other standards, including security standards, to the 
National Institute of Standards and Technology for Governmentwide 
applicability, for action in accordance with the Computer Security Act 
of 1987 [40 U.S.C. 1441 note], as amended by the Information Technology 
Act.
    (g) ``National security system'' means any telecommunications or 
information system operated by the United States Government, the 
function, operation, or use of which (1) involves intelligence 
activities; (2) involves cryptologic activities related to national 
security; (3) involves command and control of military forces; (4) 
involves equipment that is an integral part of a weapon or weapons 
system; or (5) is critical to the direct fulfillment of military or 
intelligence missions, but excluding any system that is to be used for 
routine administrative and business applications (including payroll, 
finance, logistics, and personnel management applications).
    Sec. 11. Applicability to National Security Systems.
    The heads of executive agencies shall apply the policies and 
procedures established in this order to national security systems in a 
manner consistent with the applicability and related limitations 
regarding such systems set out in the Information Technology Act.
    Sec. 12. Judicial Review. Nothing in this Executive order shall 
affect any otherwise available judicial review of agency action. 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, enforceable 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.

              Ex. Ord. No. 13103. Computer Software Piracy

    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:
    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;
    (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 [set out above], 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 [probably means the Clinger-Cohen Act of 1996, see 
Short Title note above], 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.[C.] 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.

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 2223; title 29 
section 794d; title 44 section 3502.
