TREASURY DIRECTIVE 85-02

DATE: March 23, 2016

SUBJECT: Software Piracy Policy

  1. PURPOSE. This directive assigns responsibilities and establishes Department of the Treasury (Department) Software Asset Management Procedures and Practices required for implementing Executive Order (E.O.) 13103 on Computer Software Piracy, which seeks to further efforts to combat piracy of computer software and other intellectual property by taking steps to ensure that the practices of the United States as a purchaser and user of computer software conform to applicable international agreements and federal law.
  2. SCOPE. This directive applies to all bureaus, offices, and organizations in the Department, including the offices of inspectors general within the Department. The provisions of this directive shall not be construed to interfere with or impede the authorities or independence of the Department’s inspectors general.
  3. POLICY. It is the policy of the Department to only:
    1. install or use Department-authorized software on any hardware in support of Treasury’s mission;
    2. permit authorized software to be installed or used on hardware owned or leased by fiscal or financial agents of the United States on behalf of the Department; and
    3. use copies of licensed authorized software in accordance with the authorized software license agreement and should consistent with FAR 52.227-19 which grants the Government significant rights to copy, reproduce, and modify commercial software.
  4. DEFINTIONS.
    1. Software Piracy: The illegal reproduction, distribution, or use of software.
    2. License Agreement: A government contract with Federal Acquisition Regulation rights clauses between a software publisher or authorized reseller and the government.
    3. Authorized Software: Software approved for use by Treasury, including Department-developed or licensed software.
  5. RESPONSIBILITIES.
    1. The Assistant Secretary for Management (ASM) serves as the senior Department Official responsible for ensuring compliance with E.O. 13103, Computer Software Piracy (September 30, 1998).
    2. The Department Chief Information Officer shall be responsible for the following, in addition to having the responsibilities of a Bureau Head with respect to Departmental Offices, as set forth in section 5(c):
      1. 1) developing and implementing an enterprise level plan that ensures that the Department is in compliance with E.O. 13103;
      2. 2) coordinating with Department’s bureaus and offices to perform an initial assessment of the Department’s existing policies and practices with respect to the use and management of computer software, using qualified personnel or an outside contractor;
      3. 3) maintaining an electronic enterprise list of Department authorized and supported software that indicates, by bureaus and offices, terms of licenses, authorized number of users, and physical location of software;
      4. 4) conducting periodic[JB1] audit checks (i.e., spot audits) to ensure that bureaus and offices are in compliance with software license agreements;
      5. 5) conducting an annual inventory audit of Department authorized software; and
      6. 6) establishing centralized software acquisition.
    3. The Heads of Bureaus and Offices shall:
      1. 1) establish clear responsibility and authority within the organization for managing software licenses;
      2. 2) establish and maintain an accurate software inventory for both newly acquired software and software already purchased;
      3. 3) ensure that software in their inventory is on the Treasury list of authorized software and, if not, take appropriate action to remove it;
      4. 4) conduct and report annually to the Office of the Chief Information Officer, software inventory reviews that reconcile inventory against software license agreements;
      5. 5) establish and implement procedures for disposal of software in accordance with guidance provided in the software license agreement or terms of the contract;
      6. 6) conduct periodic audit checks (i.e., spot audits) to ensure that their respective bureaus and offices are in compliance with software license agreements.
  6. AUTHORITY.
    1. E.O. 13103 of September 30, 1998 (Computer Software Piracy).
  7. REFERENCES. In addition to the policy listed above, all Department bureaus and offices shall comply with current applicable treaty obligations and federal laws, regulations, policies, and guidelines governing software piracy, including, but not limited to:
    1. Chief Information Officers (CIO) Council’s “Guidelines for Implementing Executive Order 13103 on Computer Software Piracy,” dated August 1999;
    2. 17 USC 101-1332; and
    3. World Intellectual Property Organization Copyright Treaty, Article 4.
  8. OFFICES OF PRIMARY INTEREST. Office of the Chief Information Officer, Office of the Assistant Secretary for Management.

 

Brodi Fontenot
Assistant Secretary for Management