                                 CODE OF VIRGINIA

POWERS OF THE CIO (§ 2.2-2007)

A. The CIO shall promulgate regulations necessary or incidental to the
performance of duties or execution of powers conferred under this chapter. The
CIO shall also develop policies, standards, and guidelines for the planning,
budgeting, procurement, development, maintenance, security, and operations of
information technology for executive branch agencies. Such policies, standards,
and guidelines shall include those necessary to:

   1. Support state and local government exchange, acquisition, storage, use,
   sharing, and distribution of data and related technologies.

   2. Support the development of electronic transactions including the use of
   electronic signatures as provided in &#xA7; 59.1-496.

   3. Support a unified approach to information technology across the totality of
   state government, thereby assuring that the citizens and businesses of the
   Commonwealth receive the greatest possible security, value, and convenience
   from investments made in technology.

   4. Ensure that the costs of information technology systems, products, data,
   and services are contained through the shared use of existing or planned
   equipment, data, or services.

   5. Provide for the effective management of information technology investments
   through their entire life cycles, including identification, business case
   development, selection, procurement, implementation, operation, performance
   evaluation, and enhancement or retirement. Such policies, standards, and
   guidelines shall include, at a minimum, the periodic review by the CIO of
   agency Commonwealth information technology projects.

   6. Establish an Information Technology Investment Management Standard based on
   acceptable technology investment methods to ensure that all executive branch
   agency technology expenditures are an integral part of the
   Commonwealth&#8217;s performance management system, produce value for the
   agency and the Commonwealth, and are aligned with (i) agency strategic plans,
   (ii) the Governor&#8217;s policy objectives, and (iii) the long-term
   objectives of the Council on Virginia&#8217;s Future.

B. In addition to other such duties as the Secretary may assign, the CIO shall:

   1. Oversee and administer the Virginia Technology Infrastructure Fund created
   pursuant to &#xA7; 2.2-2023.

   2. Report annually to the Governor, the Secretary, and the Joint Commission on
   Technology and Science created pursuant to &#xA7; 30-85 on the use and
   application of information technology by executive branch agencies to increase
   economic efficiency, citizen convenience, and public access to state
   government.

   3. Prepare annually a report for submission to the Secretary, the Information
   Technology Advisory Council, and the Joint Commission on Technology and
   Science on a prioritized list of Recommended Technology Investment Projects
   (RTIP Report) based upon major information technology projects submitted for
   business case approval pursuant to this chapter. As part of the RTIP Report,
   the CIO shall develop and regularly update a methodology for prioritizing
   projects based upon the allocation of points to defined criteria. The criteria
   and their definitions shall be presented in the RTIP Report. For each project
   recommended for funding in the RTIP Report, the CIO shall indicate the number
   of points and how they were awarded. For each listed project, the CIO shall
   also report (i) all projected costs of ongoing operations and maintenance
   activities of the project for the next three biennia following project
   implementation; (ii) a justification and description for each project baseline
   change; and (iii) whether the project fails to incorporate existing standards
   for the maintenance, exchange, and security of data. This report shall also
   include trends in current projected information technology spending by
   executive branch agencies and secretariats, including spending on projects,
   operations and maintenance, and payments to VITA. Agencies shall provide all
   project and cost information required to complete the RTIP Report to the CIO
   prior to May 31 immediately preceding any budget biennium in which the project
   appears in the Governor&#8217;s budget bill.

   4. Provide oversight for executive branch agency efforts to modernize the
   planning, development, implementation, improvement, operations and
   maintenance, and retirement of Commonwealth information technology, including
   oversight for the selection, development and management of enterprise
   information technology.

   5. Develop statewide technical and data standards and specifications for
   information technology and related systems, including (i) the efficient
   exchange of electronic information and technology, including infrastructure,
   between the public and private sectors in the Commonwealth and (ii) the
   utilization of nationally recognized technical and data standards for health
   information technology systems or software purchased by an executive branch
   agency.

   6. Direct the compilation and maintenance of an inventory of information
   technology, including but not limited to personnel, facilities, equipment,
   goods, and contracts for services.

   7. Provide for the centralized marketing, provision, leasing, and executing of
   licensing agreements for electronic access to public information and
   government services through the Internet, wireless devices, personal digital
   assistants, kiosks, or other such related media on terms and conditions as may
   be determined to be in the best interest of the Commonwealth. VITA may fix and
   collect fees and charges for (i) public information, media, and other
   incidental services furnished by it to any private individual or entity,
   notwithstanding the charges set forth in &#xA7; 2.2-3704, and (ii) such use
   and services it provides to any executive branch agency or local government.
   Nothing in this subdivision authorizing VITA to fix and collect fees for
   providing information services shall be construed to prevent access to the
   public records of any public body pursuant to the provisions of the Virginia
   Freedom of Information Act (&#xA7; 2.2-3700 et seq.). VITA is authorized,
   subject to the approval by the Secretary of Administration and any other
   affected Secretariat, to delegate the powers and responsibilities granted in
   this subdivision to any agency within the executive branch.

   8. Periodically evaluate the feasibility of outsourcing information technology
   resources and services, and outsource those resources and services that are
   feasible and beneficial to the Commonwealth.

   9. Have the authority to enter into and amend contracts, including contracts
   with one or more other public bodies, or public agencies or institutions or
   localities of the several states, of the United States or its territories, or
   the District of Columbia, for the provision of information technology
   services.

C. Consistent with &#xA7; 2.2-2012, the CIO may enter into public-private
partnership contracts to finance or implement information technology programs
and projects. The CIO may issue a request for information to seek out potential
private partners interested in providing programs or projects pursuant to an
agreement under this subsection. The compensation for such services shall be
computed with reference to and paid from the increased revenue or cost savings
attributable to the successful implementation of the program or project for the
period specified in the contract. The CIO shall be responsible for reviewing and
approving the programs and projects and the terms of contracts for same under
this subsection. The CIO shall determine annually the total amount of increased
revenue or cost savings attributable to the successful implementation of a
program or project under this subsection and such amount shall be deposited in
the Virginia Technology Infrastructure Fund created in &#xA7; 2.2-2023. The CIO
is authorized to use moneys deposited in the Fund to pay private partners
pursuant to the terms of contracts under this subsection. All moneys in excess
of that required to be paid to private partners, as determined by the CIO, shall
be reported to the Comptroller and retained in the Fund. The CIO shall prepare
an annual report to the Governor, the Secretary, and General Assembly on all
contracts under this subsection, describing each information technology program
or project, its progress, revenue impact, and such other information as may be
relevant.

D. Executive branch agencies shall cooperate with VITA in identifying the
development and operational requirements of proposed information technology
systems, products, data, and services, including the proposed use,
functionality, and capacity, and the total cost of acquisition, operation, and
maintenance.

HISTORY: 1999, cc. 412, 421, 433, § 2.1-51.47; 2000, c. 995; 2001, c. 844, §
2.2-226; 2002, c. 424; 2003, cc. 981, 1021; 2005, cc. 933, 945; 2007, cc. 276,
701; 2009, c. 86; 2010, cc. 136, 145; 2011, c. 739; 2015, c. 768; 2016, c. 296;
2020, c. 738.