The President's Management Agenda for Fiscal Year 2002 includes E-Government as
one of the Administration’s top five governmentwide management initiatives. The
Administration proposes to advance E-Government strategy by supporting projects
that offer performance gains across agency boundaries, such as e-procurement,
e-grants, e-regulation, and e-signatures. The Administration will manage
E-Government projects more effectively by using the budget process to insist on
more effective planning of IT investments by government agencies.
The President's Management Agenda directed a task force of agency personnel
in coordination with OMB and the President's Management Council to identify
E-Government projects that can deliver significant productivity and performance
gains across government. The task force came up with the following E-Government
Government to Citizen
OnLine Access for Loans
EZ Tax Filing
Recreation One Stop
Government to Business
Online Rulemaking Management
Expanding Electronic Tax Products for Business
Federal Asset Sales
International Trade Process Streamlining
One-Stop Business Compliance Information
Consolidated Health Informatics
Government to Government
Geospatial Information One-Stop
Disaster Assistance and Crisis Response
Wireless Public Safety Interoperable Communication Project
Enterprise HR Integrations
Integrated Acquisition Environment
Electronic Records Management
To learn more about these initiatives, visit http://egov.gov/ Also visit
Office of Electronic Government and Technology.
Congress has enacted the following E-Government laws: the E-Government Act of
2002, the Federal Financial Assistance Management Improvement, and the
Government Paperwork Elimination Act (GPEA).
E-Government Act of 2002
The President signed HR 2458, the
E-Government Act of 2002, on December 17, 2002 as Public Law (P.L.) 107-347.
The E-Government Act is intended to provide information technology (IT)
leadership, improve coordination and deployment of IT across the Federal
Government, help agencies achieve the IT management reforms required under the
1996 Clinger-Cohen Act, include the private sector in E-Government solutions,
and ensure greater citizen access to the Federal Government through the improved
use of IT.
The E-Government Act
- Defines Electronic Government as "... the use by the Government of
web-based Internet applications and other information technologies, combined
with processes that implement these technologies, to - (A) enhance the access
to and delivery of Government information and services to the public, other
agencies, and other Government entities; or (B) bring about improvements in
Government operations that may include effectiveness, efficiency, service
quality, or transformation."
- Establishes an Office of Electronic Government within OMB, essentially the
office that already exists under Mark Forman, associate OMB director for
information technology and e-government. The head of the office, the
Administrator of the Office of Electronic Government (Administrator), will be
appointed by the President but does not have to be confirmed by the Senate.
The new position does not have a lot of direct power, but as a
statutorily-authorized position, it will be subject to more consistent
- Establishes the E-Government Fund at $345 million over fiscal years 2003
through 2006, to be overseen by the Administrator. A proposal for funding
under this provision must identify resource commitments from within the
agencies involved, be approved by a senior agency official, and include plans
for potential continuation after all E-Government funds are expended. Projects
funded by the E-Government Fund must adhere to fundamental capital planning
and investment control processes, be interagency in scope, include security
and privacy protections, and have performance objectives that tie to agency
missions and strategic goals in place.
- Codifies the already existing Federal Chief Information Officers Council
with a few modifications from the Executive Order that established the Council
in 1996 and requires that agency CIOs participate.
In managing and promoting E-Government, the E-Government Act requires that
- Ensure that policies and guidance established under this Act are
communicated within their agencies and support the efforts of OMB and GSA to
deliver Federal Government information and services to the public.
- Develop performance measures that demonstrate how E-Government enables
progress toward agency objectives, strategic goals, and statutory mandates.
Each agency must submit an annual E-Government Status Report to OMB on the
status of agency E-Government initiatives, compliance of the agency with this
Act, and how agency E-Government initiatives improve performance in delivering
programs to constituencies. Agencies are already reporting status of
initiatives under the Government Paperwork Elimination Act (GPEA) and
initiatives associated with OMB’s E-Government Quicksilver projects.
- Ensure that they consider the impact on persons without access to the
Internet when implementing programs and policies on the Internet.
- Achieve interoperability for appropriately securing electronic
transactions in order to fulfill the objectives of GPEA.
The E-Government Act addresses the IT workforce challenge by
- Directing OPM, along with other agencies, to develop and issue
governmentwide policies to promote the development of performance standards
for training. The CIO of each agency is responsible for ensuring
implementation of the workforce policies under this subsection of the Act.
Reporting on the IT and IRM workforce is required.
- Establishing a worker exchange program between the Federal Government and
the private sector. Federal workers must be GS-11 or above and assignments
would be for a period of between three months and one year and can be extended
beyond the first year in increments of three months, but not to exceed an
additional one year. The program does not extend beyond five years after
December 17, 2002. The GAO must report to the House Committee on Government
Reform and the Senate Committee on Governmental Affairs not later than four
years after December 17, 2002, on the effectiveness of the program and
recommend whether the exchange program should continue, be modified, or be
allowed to lapse.
The E-Government Act addresses citizen access to the Federal Government by
- Directing the Administrator to ensure that not later than two years after
December 17, 2002, an evaluation of the best practices of community technology
centers is submitted to the Senate Committee on Governmental Affairs; the
Senate Committee on Health, Education, Labor, and Pensions; and the House
Committee on Government Reform. The Administrator, along with the Secretary of
Education and others, must develop an online tutorial that explains how to
access Government information and services on the Internet and promote the
availability of these community technology centers within the community where
such a center is located.
- Requiring a National Academy of Sciences study on the digital divide to be
submitted not later than two years after December 17, 2002, to the Senate
Governmental Affairs Committee and the House Committee on Government Reform.
The E-Government Act addresses privacy by
- Directing agencies to conduct privacy impact assessments before developing
or procuring IT that collects, maintains, or disseminates information that is
in an identifiable form. OMB will provide guidance for the assessments.
- Requiring privacy notices on Federal websites used by the public. Such
notices are not new; they have been required per an administrative order under
the Clinton Administration. The Act establishes the requirement in law and
takes it a step further by requiring that the notices be “machine-readable.”
The E-Government Act addresses integration and interoperability by
- Directing that a fully integrated repository of information about research
and development funded by the Federal Government be developed and maintained
and authorizes $2 million in each of the fiscal years 2003 through 2005 for
such purpose. OMB will provide guidance on information to be put into the
- Directing OMB to conduct a study not later than three years after December
17, 2002, on integrating Federal systems to reduce the information collection
burden on the public, including regulated entities, and authorizes OMB to
oversee pilot projects that will provide input into the study.
- Establishing the Interagency Committee on Information, to include a
representative from the National Archives and Records Administration. This
interagency committee is to consult with the public, conduct studies, and
submit recommendations no later than two years after December 17, 2002, to OMB
and Congress on the organization and categorization and retention of
Government information. The emphasis is on adopting standards to enable
Government information to be searched across agencies.
- Not later than two years after December 17, 2002, OMB must provide
agencies with guidance on standards for agency websites.
- Directing the Administrator to facilitate the development of common
protocols for information systems that involve locational data, such as maps
or other geospatial information resources, and promote the development of
interoperable geographic information systems technologies to allow widespread,
low-cost use and sharing of geographic data.
The E-Government Act addresses the use of IT to aid in managing crises and
- Directing that not later than 90 days after December 17, 2002, the
Administrator of the Office of Electronic Government, along with the Federal
Emergency Management Agency, ensure that a study is conducted on using IT to
enhance crisis management of natural and manmade disasters. Pilot projects are
authorized to aid in the study.
Seeking to engage the private sector in E-Government solutions, the
- Establishes a governmentwide program to encourage contractor innovation
and excellence by directing the Administrator of the Office of E-Government to
issue announcements seeking unique and innovative solutions to facilitate the
development and enhancement of E-Government services. A multi-agency technical
assistance team will aid in screening proposals submitted under this
- Authorizes share-in-savings contracts for IT through September 30, 2005.
The total number of share-in-savings contracts entered into may not exceed
five in each fiscal year for all Federal agencies. A share-in-savings contract
is one in which a contractor provides the solutions for improving an agency’s
mission-related or administrative process or accelerates the achievement of
agency missions and the contractor is paid a portion of the savings derived by
the agency from any improvements in the process that results from
implementation of the solution or acceleration.
- Authorizes state, local, and tribal governments to purchase through the
Federal Supply Schedules.
The Federal Information Security Management Act (FISMA) of 2002 was tacked on
to the E-Government Act, making the provisions of GISRA, which expired in
November 2002, permanent as well as expanding them. FISMA became effective
December 17, 2002.
- To the purposes section are added the acknowledgement that commercially
developed information security products offer advanced, dynamic, robust, and
effective information security solutions and the recognition that individual
agencies should select their own specific hardware and software information
security solutions from among these commercially developed products. A
definition for information security is provided. “(1) The term ‘information
security’ means protecting information and information systems from
unauthorized access, use, disclosure, disruption, modification, or destruction
in order to provide – (A) integrity, which means guarding against improper
information modification or destruction, and includes ensuring information
nonrepudiation and authenticity; (B) confidentiality, which means preserving
authorized restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information; and (C) availability,
which means ensuring timely and reliable access to and use of information.”
The other purposes set forth for the new FISMA remain essentially the same as
in GISRA, which is to provide a comprehensive framework for ensuring
information security controls, recognizing the highly networked nature of the
Federal computing environment, providing for minimum security controls, and to
provide oversight of agency information security programs.
- As in GISRA, Federal agencies are responsible for providing information
security protections commensurate with the risk and magnitude of the harm
resulting from unauthorized disclosure, disruption, modification, or
destruction of information collected by or by a contractor on behalf of the
agency. A new requirement is to ensure that information security management
processes are integrated with agency strategic and operational planning
- As in GISRA, the agency head must delegate to the CIO the authority to
ensure compliance with the Act and designate a senior agency information
security officer. Requirements for the security officer are added; the officer
must possess professional qualifications and have information security duties
as his/her primary duty and head an office with the mission and resources to
assist in ensuring compliance with the Act. The security officer must develop
and maintain the agency-wide information security program.
- Periodic risk assessments, testing and evaluating information security
controls and techniques, and security awareness training continue to be
required. The annual independent evaluation continues on the testing of a
representative subset of the agency's information systems. FISMA changes the
testing of the effectiveness of “control techniques” to the testing of the
effectiveness of “policies, procedures, and practices” on the subset. It looks
like the evaluation will focus more on the information security program
itself. Again, existing audits, reports, or evaluations may be used to meet
these requirements. OMB will provide agencies with guidance.
- Other additions include renaming the Computer System Security and Privacy
Advisory Board as the Information Security and Privacy Advisory Board;
strengthening NIST's role by giving the Secretary of Commerce the authority to
make NIST standards and guidelines for Federal information systems mandatory;
maintaining an inventory of major information systems, identifying interfaces
between each system. The inventory must be updated annually and used to
support management of information resources.
Federal Financial Assistance Management Improvement Act of 1999 (P.L. 106-107)
directs Federal agencies to improve the effectiveness and performance of grants
programs by simplifying application and reporting requirements, improving the
delivery of services to the public, and facilitating greater coordination among
the agencies responsible for delivering such services. Agencies are directed to
work together to provide an electronic common face for grantees to transact
business on all their Federal grants.
The Government Paperwork Elimination Act, GPEA, (P.L. 105-277) requires that,
when practicable, Federal agencies use electronic forms, electronic filing, and
electronic signatures to conduct official business with the public by 2003.