107-30 (H.R. 2458)
November 22, 2002


Senate Passes H.R. 2458, the "E-Government Act of 2002"

On November 15, 2002, the Senate passed H.R. 2458, the "E-Government Act of 2002" and cleared it for the President. This legislation establishes a broad framework that requires using Internet-based information technology to enhance citizen access to Government information. As presented to the President, the bill includes the following provisions:

Management and Promotion of Electronic Government Services

  • Establishes an Administrator of a new Office of Electronic Government within the Office of Management and Budget (OMB), to provide overall leadership and direction to the executive branch on Electronic Government (E-Gov) initiatives.
  • The Administrator will advise the OMB Director on resources needed for Federal Information Systems and recommend changes in E-Gov strategies and priorities.

The Office of E-Gov will:

  • Promote innovative uses of information technology by agencies, particularly initiatives involving multiagency collaboration, through support of pilot projects, research, experimentation and use of innovative technologies.
  • Oversee the development of an integrated Internet-based information system by agencies and assist in overseeing that agency E-Gov activities have adequate security.
  • Establish policies to support Information Technology (IT) standards, including standards for interconnectivity and interoperability, for categorizing Federal electronic information, and for computer system efficiency and security.

Chief Information Council

  • Establishes a Chief Information Council. The Council will:
  • Develop recommendations on Government information resources management policies and requirements.
  • Share experiences, ideas, best practices and innovative approaches related to information resources management.
  • Assist in identification, development, and coordination of multiagency projects to improve Government performance through use of IT.

E Gov Fund

  • Establishes an E Gov Fund in the U.S. Treasury. GSA is to administer the fund to support projects approved by OMB that improve the ability of the Federal Government to conduct activities electronically using the Internet and other electronic methods.
  • Provides that projects funded may include efforts to make information and services more readily available to the public, make it easier for the public to conduct transactions with the Federal Government, and improve information sharing among Federal agencies.

Federal Management and Promotion of Electronic Government Services

  • Requires agencies to develop E-Gov performance measures and consider measuring performance in customer service, agency productivity, and use of innovative technology.
  • Provides that when promulgating policies and implementing programs, agencies should consider the impact on persons without access to the Internet.
  • Requires agencies to ensure that their methods for the use and acceptance of electronic signatures are compatible with OMB policies and procedures.
  • Directs OMB to work with agencies to maintain and promote an integrated Internet-based system to give the public consolidated access to government information and services from a single point, and organized according to function rather than agency jurisdiction.
  • Directs Federal agencies to improve public online access to agency information including all information required to be published in the Federal Register and requires that agencies accept public rulemaking comments by electronic means.
  • Requires OMB to work with agencies to ensure the development and maintenance of a website repository with detailed information about federally funded research and development (R&D). Each R&D task will include dates, summaries, objectives, researchers, funds, information restrictions and other information
  • Requires agencies to conduct privacy impact assessments before collecting information, or developing or procuring information technology that collects, maintains, or disseminates such information.

Federal Information Technology Workforce

  • Requires that the Office of Personnel Management (OPM) analyze the IT personnel needs of the Federal Government, identify where current training is inadequate, and oversee the development of curricula, training methods and training priorities.
  • Initiates an Office of Personnel Management program, under which a Federal employee may be detailed to a non-Federal employer.

Share in Savings Contracts

  • Authorizes government-wide use of IT share in savings contracts to pay contractors from the savings realized. Through these contracts agencies can lower their costs and improve service delivery without large "up front" investments as the contractor provides the technology and is compensated by receiving a portion of the savings achieved.

Information Security

  • Provides effective Governmentwide management and oversight of IT security risks including coordination of IT security efforts throughout the civilian, national security, and law enforcement communities.
  • Requires agencies to provide information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification or destruction of information collected or maintained or information systems used.
  • Requires that each agency report on its information security activities in budget and management reports and requires each agency perform an annual independent evaluation of the information security program by either its Inspector General or an independent auditor.

Federal Information Security Incident Center

  • Directs OMB to oversee a central Federal information security incident center which will:
    • Provide timely assistance to agencies;
    • Compile and analyze information security incident information; and
    • Inform agencies about security threats and vulnerabilities.

Inventory of Major Information Systems

  • Requires each Agency to develop and maintain an inventory of major information systems.
  • Provides that the inventory include an identification of the interfaces between each system, and all other systems or networks, including those not operated by or under the control of the agency.

Confidential Information Protection and Statistical Efficiency

  • Requires that OMB coordinate and oversee the confidentiality and information sharing policies and rules established by the various agencies.
  • Protects the confidentiality interest of individuals or organizations that provide information for federal statistical programs.
  • Allows disclosure only when it will be used by agencies for statistical purposes, when approved by an agency head and where it is not otherwise prohibited by law.