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PRINTER'S NO. 1117
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
810
Session of
2019
INTRODUCED BY PHILLIPS-HILL, AUMENT, MENSCH, BAKER, K. WARD,
J. WARD, BROWNE, REGAN AND STEFANO, AUGUST 7, 2019
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, AUGUST 7, 2019
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, in boards and offices, providing for
information technology; establishing the Office of
Information Technology and the Information Technology Fund;
providing for administrative and procurement procedures and
for the Joint Cybersecurity Oversight Committee; imposing
duties on the Office of Information Technology; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part V of Title 71 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 43
INFORMATION TECHNOLOGY
Subchapter
A. General Provisions
B. Office of Information Technology
C. Business Operations
D. Procurement of Information Technology
E. Security
F. Enforcement and Penalties
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SUBCHAPTER A
GENERAL PROVISIONS
Sec.
4301. Scope of chapter.
4302. Findings and declarations.
4303. Definitions.
§ 4301. Scope of chapter.
This chapter relates to administrative procedures and
procurement regarding information technology.
§ 4302. Findings and declarations.
The General Assembly finds and declares the following:
(1) The Commonwealth has struggled to keep information
technology costs under control, including failing to include
as part of overall costs, time spent by Commonwealth staff
for development, implementation and use of information
technology.
(2) Many of the Commonwealth's information technology
contracts extend well beyond their anticipated date of
completion.
(3) The Commonwealth can begin to reduce information
technology costs by the consolidation of information
technology functions and resources within the executive
branch.
(4) Consolidation of information technology services
will not only reduce costs but create more efficient
information technology operations.
(5) By reforming the Commonwealth's outdated approach to
information technology, the Commonwealth can improve data and
analytic capabilities and improve cybersecurity.
(6) The improvement of operations will enhance taxpayer
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satisfaction and make it easier for residents to navigate.
(7) Consolidation of information technology services
must be designed to improve accountability and transparency
to taxpayers and enhance the Commonwealth's data and
analytics capabilities.
(8) The Commonwealth shall, as part of its information
technology and cybersecurity efforts:
(i) Reduce redundancy and align information
technology spending in a manner that reduces costs and
measurably improves Commonwealth agency mission
effectiveness.
(ii) Improve quality, transparency and
accountability in the procurement and use of information
technology.
(iii) Achieve five-year budget limits, within
limited variance, for all administrative agencies for
projects above a de minimis threshold.
(iv) Achieve measurable protection for Commonwealth
data, including identifying and mitigating risks for
personal identifiable information and other valuable,
nonpublic mission critical data.
§ 4303. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Architecture." The overall design of a computing system and
the logical and physical interrelationships between its
components.
"Authorization to operate." A formal declaration by the head
of the State agency that:
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(1) authorizes operation of a product and explicitly
accepts the risk to agency operations; and
(2) is signed after the system has met and passed all
requirements to become operational.
"Business case." A statement specifying the needs of the
State agency for information technology, services and related
resources, including expected improvements to programmatic or
business operations, and the requirements for State resources
and funding, together with an evaluation of those requirements
by the chief information officer assigned to the State agency
which takes into consideration:
(1) The State's current technology.
(2) The opportunities for technology sharing.
(3) Any other factors relevant to the analysis by the
director.
"Director." The administrative head of the office and chief
information officer of the Commonwealth.
"Distributed information technology assets." Hardware,
software and communications equipment not classified as
traditional mainframe-based items, including, but not limited
to, personal computers, local area networks, servers, mobile
computers, peripheral equipment and other related hardware and
software items.
"Electronic bidding." The electronic solicitation and
receipt of offers to contract.
"Fund." The Information Technology Fund established under
section 4316 (relating to Commonwealth Information Technology
Fund).
"Independent agency." As follows:
(1) A board, commission, authority or other agency of
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the Commonwealth that is not subject to the policy
supervision and control of the Governor.
(2) The term does not include:
(i) A court or agency of the unified judicial
system.
(ii) The General Assembly or an agency of the
General Assembly.
"Independent department." Any of the following:
(1) The Department of the Auditor General.
(2) The Treasury Department.
(3) The Office of Attorney General.
(4) A board or commission of an entity under paragraph
(1), (2) or (3).
"Information technology." Hardware, software and
telecommunications equipment, including, but not limited to, the
following:
(1) Personal computers.
(2) Servers.
(3) Mainframes.
(4) Wired or wireless wide and local area networks.
(5) Broadband.
(6) Mobile or portable computers.
(7) Peripheral equipment.
(8) Telephones.
(9) Wireless communications.
(10) Handheld devices.
(11) Public safety radio services.
(12) Facsimile machines.
(13) Technology facilities, including, but not limited
to, data centers, dedicated training facilities or switching
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facilities.
(14) Electronic payment processing services.
(15) Other relevant hardware and software items or
personnel tasked with the planning, implementation or support
of technology, including hosting or vendor-managed service
solutions.
"Information technology budget." As follows:
(1) All information technology expenditures listed by
project and amount of expenditure for planning, development,
modernization, operations and maintenance.
(2) The term includes all software, hardware,
Commonwealth and vendor staff and service costs.
"Information technology security incident." A computer-based
activity, network-based activity or paper-based activity that
results directly or indirectly in misuse, damage, denial of
service, compromise of integrity or loss of confidentiality of a
network, a computer, an application or data.
"Office." The Office of Information Technology established
under Subchapter B (relating to Office of Information
Technology).
"Open data." Government data sets and documents that are
considered publicly available under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, or other
Commonwealth transparency initiatives to use and republish
without restriction from copyright, patents or other
restrictions on control.
"Portal." A publicly available Internet website.
"Reverse auction." A real-time purchasing process in which
vendors compete to provide goods or services at the lowest
selling price in an open and interactive electronic environment.
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"Secretary." The Secretary of Administration of the
Commonwealth.
"State agency." Any of the following:
(1) The Governor's Office.
(2) A department, board, commission, authority or other
agency of the Commonwealth that is subject to the policy
supervision and control of the Governor.
(3) The office of Lieutenant Governor.
(4) An independent agency.
SUBCHAPTER B
OFFICE OF INFORMATION TECHNOLOGY
Sec.
4311. Establishment of office.
4312. Duties of office.
4313. Director.
4314. Transfer of additional duties and personnel.
4315. Planning and financing information technology resources.
4316. Commonwealth Information Technology Fund.
4317. Financial accountability and information technology.
4318. Commonwealth portal.
4319. Statewide information technology transparency portal.
4320. State agency requests for information technology and
services.
4321. Status of information technology projects and corrective
action plans.
§ 4311. Establishment of office.
The Office of Information Technology is established within
the Governor's Office of Administration to oversee and achieve
information technology consolidation and other findings of this
chapter.
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§ 4312. Duties of office.
(a) Duties generally.--The office shall:
(1) Consolidate information technology functions,
powers, duties, obligations, infrastructure and support
services vested in State agencies.
(2) Provide, operate and manage the information
technology services for each State agency under the
Governor's jurisdiction, including, but not limited to, the
following:
(i) The development of priorities and strategic
plans.
(ii) The management of information technology
investments, procurement and policy.
(iii) Compliance with the provisions of this chapter
through consultation and engagement with the secretary of
each agency.
(3) Notwithstanding any other provisions of law, procure
all information technology and information technology as a
service for State agencies utilizing the processes under 62
Pa.C.S. Ch. 5 (relating to source selection and contract
formation). The office shall integrate technological review,
cost analysis and procurement for all information technology
needs of State agencies to make procurement and
implementation of technology more responsive, efficient and
cost effective.
(4) Determine any changes to staffing or operations
regarding information technology.
(5) Provide documentation and training to achieve
development in the functional responsibilities that shall
include:
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(i) Defining an information technology strategy
plan.
(ii) Defining enterprise architecture.
(iii) Determining technological direction.
(iv) Defining information technology organization
and relationships.
(v) Managing information technology investment.
(vi) Communicating management aims and direction.
(vii) Managing information technology human
resources.
(viii) Managing quality.
(ix) Assessing risks.
(x) Managing projects.
(xi) Identifying automated solutions.
(xii) Acquiring and maintaining application
software.
(xiii) Acquiring and maintaining technology
infrastructure.
(xiv) Enabling operation and use.
(xv) Procuring information technology resources.
(xvi) Managing changes.
(xvii) Installing and accrediting solutions and
changes.
(xviii) Defining and managing service levels.
(xix) Managing third-party services.
(xx) Managing performance and capacity.
(xxi) Ensuring continuous service.
(xxii) Ensuring system security.
(xxiii) Identifying and allocating costs.
(xxiv) Educating and training users.
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(xxv) Managing service desk and incidents.
(xxvi) Managing the configuration.
(xxvii) Managing problems.
(xxviii) Managing data.
(xxix) Managing physical environment.
(xxx) Managing operations.
(xxxi) Monitoring and evaluating information
technology performance.
(xxxii) Monitoring and evaluating internal controls.
(xxxiii) Ensuring compliance with external
requirements.
(xxxiv) Providing improved information technology
governance.
(b) Specific duties.--As part of the general duties under
subsection (a), the office shall:
(1) Develop and administer a comprehensive long-range
plan to ensure the proper management of the information
technology resources of the Commonwealth.
(2) Set technical standards for information technology
and review and approve information technology projects and
budgets.
(3) Establish information technology security standards.
(4) Provide for the procurement of information
technology resources.
(5) Develop a schedule for the replacement or
modification of information technology systems.
(6) Prescribe the manner in which information technology
assets, systems and personnel shall be provided and
distributed among State agencies.
(7) Prescribe the manner of inspecting or testing
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information technology assets, systems or personnel to
determine compliance with information technology plans,
specifications and requirements.
(8) Develop an annual information technology strategic
plan that aligns information technology expenditures with
each State agency's strategic initiatives and ongoing mission
needs, including priorities resource use and expenditures,
performance review measures, procurement and other governance
and planning measures.
(9) Provide guidance, review and approve the information
technology plans for each State agency.
(10) Obtain guidance and consult with the Office of the
Budget on budgetary matters regarding information technology
spending and procurement plans.
(11) Obtain advice on matters involving overall
technology and data governance from academia, private sector
and other leading government institutions.
(12) Establish and maintain an information technology
portfolio management process to prepare and manage the
information technology budget, including overall monitoring
of information technology program objectives and alignment
with administrative priorities, budgets and expenditures.
(13) Identify common information technology business
functions within each State agency.
(14) Make recommendations for consolidation, integration
and investment.
(15) Facilitate the use of common technology, as
appropriate.
(16) Ensure the proper use of project management
methodologies and principles on information technology
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projects, including measures to review project delivery and
quality.
(17) Ensure compliance by each State agency with
required business process reviews.
(18) Audit the information technology assets of each
State agency no later than 547 days after the effective date
of this paragraph.
(19) Serve as a liaison between State agencies and
contracted information technology vendors.
(20) Align the appropriate technology and procurement
methods with the service strategy.
(21) Establish and maintain an information technology
architecture that ensures a modern operating environment for
agencies and aligns all information technology investments to
the information technology strategic plan. This architecture
shall include the following, as appropriate:
(i) The development of standards, policies,
processes and strategic technology roadmaps.
(ii) The performance of technical reviews and
capability assessments of services, technologies and
State agency systems.
(iii) The evaluation of requests for information
technology policy exceptions.
(iv) The ability to incorporate emerging
technologies in a cost-effective and timely manner.
(22) Develop and implement efforts to standardize data
elements and determine data ownership assignments.
(23) Establish and operate centers of expertise for
specific information technologies and services to serve two
or more State agencies on a cost-sharing basis, if the
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director, after consultation with the Office of the Budget,
decides it is advisable from the standpoint of the
information technology strategic plan, efficiency and economy
to establish these centers and services.
(24) Require a State agency served to transfer to the
office ownership, custody or control of information
processing equipment, supplies and positions required to
implement the information technology strategic plan.
(25) Develop and promote training programs to
efficiently implement, use and manage information technology
resources throughout State government.
(26) Develop and maintain a comprehensive information
technology inventory.
(27) Monitor compliance with information technology
policy and standards through investment, budgeting and
architectural review processes.
(28) Maintain and strengthen the Commonwealth's
cybersecurity posture through security governance.
(29) Develop security solutions, services and programs
to protect data and infrastructure.
(30) Identify and remediate security risks and maintain
citizen trust in securing computerized personal information.
(31) Implement programs, processes and solutions to
maintain cybersecurity situational awareness and effectively
respond to cybersecurity attacks and information technology
security incidents.
(32) Create a process identifying risks to the success
of information technology programs and projects, developing
mitigations, incorporating mitigating actions in budgeting
and investment and review processes.
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(33) Conduct evaluations and compliance audits of State
agency security infrastructure.
(34) Develop and produce cost, risk and quality
initiatives that consolidate State agency information
technology services, including, but not limited to,
infrastructure, personnel, investments, operations and
support services necessary to achieve the findings of this
chapter.
(35) Establish and facilitate a process for the
identification, evaluation and optimization of information
technology shared services.
(36) Establish a process for the following:
(i) Developing and implementing telecommunications
policies, services and infrastructure.
(ii) Reviewing and authorizing State agency requests
for enhanced services.
(37) Identify opportunities for convergence and
leveraging existing assets to reduce or eliminate duplicative
telecommunication networks.
(38) Establish, maintain and continuously optimize cost
and performance of an information technology service
management process library and services catalog to govern the
services provided to each State agency.
(39) Establish a formal operational testing environment
to enable the rapid evaluation and introduction of new
information technology services and the retiring of existing
information technology services.
(40) Establish metrics to monitor the health of the
services provided and make appropriate corrections as
necessary.
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(41) Establish information technology data management
and development policy frameworks throughout each State
agency that include policies, processes and standards that
adhere to commonly accepted principles for, among other
things, data governance, data development and the quality,
sourcing, use, accessibility, content, ownership and
licensing of open data.
(42) Create and maintain a comprehensive open data
portal for public accessibility.
(43) Provide guidance regarding the procurement of
supplies and services related to the subject matter of this
chapter.
(44) Facilitate communication with the public by
publishing open data plans and policies and by soliciting or
allowing for public input on the subject matter of this
chapter.
(45) Ensure the internal examination of Commonwealth
data sets for business, confidentiality, privacy and security
issues and the reasonable mitigation of those issues, prior
to the data's release for open data purposes.
(46) Develop and facilitate the engagement with private
and other public stakeholders, including, but not limited to,
arranging for and expediting data-sharing agreements and
encouraging and facilitating cooperation and substantive and
administrative efficiencies.
(47) Develop and facilitate data sharing and data
analytics to minimize redundancy and align information
technology spending in a manner that reduces costs and
measurably improves Commonwealth agency mission
effectiveness.
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(48) Oversee the information technology contracts of
each State agency. The following shall apply:
(i) The office shall obtain, review and maintain, on
an ongoing basis, records of the appropriations,
allotments, expenditures and revenues of each State
agency for information technology.
(ii) The office shall identify opportunities for
consolidation of redundant expenditures that could be
more cost effectively provided through multiagency shared
services.
(iii) The office shall conduct annual reviews of
agency programs and contract cost estimates to ensure
accuracy and quality in budgetary estimates.
(c) Discretionary duties.--Notwithstanding any other
provision of law, the office may provide information technology
services on a cost-sharing basis to the following:
(1) An independent department as requested by the head
of the independent department.
(2) The General Assembly and its agencies as requested
by the President pro tempore of the Senate and the Speaker of
the House of Representatives.
(3) The judicial branch as requested by the Chief
Justice of Pennsylvania.
§ 4313. Director.
(a) Appointment and salary.--The secretary shall appoint the
director and set the starting salary of the director.
(b) Qualifications.--The director must be qualified by
experience for the office and have at least five years of
experience dealing with public sector information systems in a
State government agency or an equivalent entity. The
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qualifications shall include, but are not limited to, verifying
that an individual has the proper industry certifications
necessary to perform the duties under this chapter.
(c) Duties.--In addition to other duties specified under
this chapter, the director shall:
(1) Manage the operations of the office in a manner
conducive to achieving the findings of this chapter.
(2) Review and approve reports by each State agency
concerning information technology assets, systems, personnel
and projects and prescribe the form of the reports.
(3) Hire personnel as necessary to perform the functions
of the office.
(4) Provide written determination to the Secretary of
the Budget of findings, remediation plan and restructuring
actions for programs designated as the color red in
accordance with section 4319 (relating to Statewide
information technology transparency portal).
(5) Notify the Treasury Department in order to suspend
funding for a program that has been designated as the color
red in accordance with section 4321 (relating to status of
information technology projects and corrective action plans).
(d) Oversight.--The director shall oversee the manner and
means by which information technology business and disaster
recovery plans for State agencies are created, reviewed and
updated.
(e) Disaster recovery plan.--
(1) The director shall ensure that each State agency
establish a disaster recovery planning team and work with the
office to develop a disaster recovery plan and administer and
implement the plan.
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(2) In developing a disaster recovery plan, all of the
following shall be completed:
(i) Consideration of the organizational, managerial
and technical environments in which the plan must be
implemented.
(ii) An assessment of the types and likely
parameters of disasters most likely to occur and the
resultant impacts on the State agency's ability to
perform its mission.
(iii) The listing of the protective measures to be
implemented in anticipation of a natural or manmade
disaster.
(iv) A determination whether the plan is adequate to
address information technology security incidents.
(3) Each State agency shall submit its disaster recovery
plan to the director on an annual basis and as otherwise
requested by the director.
§ 4314. Transfer of additional duties and personnel.
Upon the effective date of this section, information
technology functions, powers, duties, obligations and services
shall be transferred to and organized to the maximum extent
practicable into centers that provide shared services to State
agencies. The following shall apply:
(1) The chief information officer of each State agency
or shared service center shall:
(i) Report directly to the director.
(ii) Work within the chief information officer's
respective State agency or shared service center on
behalf of the office as an employee of the office.
(2) An employee of a State agency who handles or
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otherwise has responsibility for the State agency's
information technology services shall be transferred to the
office and operate in the physical location of the State
agency or the shared services center supporting that agency,
but the employee shall report matters to the office and be
supervised by the chief information officer of the State
agency or head of the shared services center.
(3) The chief information officer of each agency or
shared service center shall be responsible for identifying
and implementing actions and milestones as required to
fulfill the remediation plan determined by the director under
section 4313(c)(4) (relating to director).
(4) Each State agency shall provide personnel if
necessary to participate in project management,
implementation, testing, shared services and other activities
for an information technology project.
§ 4315. Planning and financing information technology
resources.
(a) Development of policies.--The director shall issue
necessary policies for State agency information technology
planning and financing consistent with the findings under
section 4302 (relating to findings and declarations).
(b) Development of plan.--
(1) The director shall analyze the needs for information
and information technology systems and develop a plan to
ascertain the needs, costs and time frame required for State
agencies to efficiently use information technology systems,
resources, security and data management to achieve the
purposes of this chapter. The following shall apply:
(i) The plan may include current applications and
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infrastructure, migration from current environments and
other information necessary for fiscal or technology
planning.
(ii) The plan shall include a budget for all
information technology expenditures.
(2) In consultation with the Secretary of the Budget,
the office shall develop and implement a plan to manage all
information technology funding, including Commonwealth and
other receipts, as soon as practicable. As part of the
development and implementation, the following shall apply:
(i) Funding for information technology resources,
projects and contracts shall be allocated to each
Commonwealth agency by the office based on approved
business case submissions.
(ii) Information technology budget codes and fund
codes shall be created as required.
(3) The director shall develop strategic plans for
information technology as necessary.
(c) Consultation and cooperation.--
(1) In determining whether a strategic plan is necessary
for a State agency, the director shall consider the State
agency's operational needs, functions and performance
capabilities.
(2) The director shall consult with and assist State
agencies in the preparation of plans under this subsection.
(3) Each State agency shall actively participate in
preparing, testing and implementing an information technology
plan as determined by the director. A State agency shall
provide all financial information to the director necessary
to determine full costs and expenditures for information
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technology assets, including resources provided by the State
agency or through contracts or grants.
(4) Each State agency shall prepare and submit plans as
required by the director.
(5) A plan by a State agency shall be submitted to the
director no later than October 1 of each even-numbered year.
(d) Biennial plan.--
(1) The director shall develop a biennial State
Information Technology Plan, which shall be transmitted to
the General Assembly in conjunction with the Governor's
budget submission that year.
(2) The biennial plan shall include:
(i) An inventory of current information technology
assets and major projects.
(ii) An inventory of significant unmet needs for
information technology resources over a five-year time
period, along with a ranking of the unmet needs in
priority order according to their urgency.
(iii) A statement of the financial requirements,
together with a recommended funding schedule for major
projects in progress or anticipated for approval during
the upcoming fiscal biennium.
(iv) An analysis of opportunities for Statewide
initiatives that would yield significant efficiencies or
improve effectiveness in State programs.
(3) As used in this subsection, the term "major project"
includes a project costing more than $500,000 to implement.
§ 4316. Commonwealth Information Technology Fund.
(a) Establishment.--An account is established in the General
Fund to be known as the Information Technology Fund.
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(b) Receipt of money.--The fund shall receive money for the
operations of the office and to fulfill the duties of the office
under this chapter by the following methods:
(1) The transfer of encumbered funds from each State
agency which were designated for information technology
purposes prior to the effective date of this section.
(2) Transfers as authorized by the General Assembly that
are not already provided for under this section.
(3) The transfer of a portion of a State agency's funds
regarding general government operations for information
technology employees.
(c) Use of fund money.--
(1) Subject to paragraph (2), the director shall approve
the disbursement of money from the fund, which shall be used
for the following purposes and other legitimate purposes:
(i) Project management.
(ii) Security.
(iii) E-mail operations for State agencies under the
policy supervision and jurisdiction of the Governor.
(iv) State portal operations.
(v) State agencies' annual information technology
budget.
(vi) Operations of the office, including salaries
and expenses of all State agency information technology
personnel.
(2) Expenditures for the operations of the office made
from the fund that involve money appropriated from the
General Fund shall be approved by the director.
§ 4317. Financial accountability and information technology.
(a) Development of processes.--Subject to subsection (b),
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the office, along with the Secretary of the Budget and the State
Treasurer, shall develop processes for budgeting and accounting
of expenditures for information technology operations, including
all Commonwealth personnel, services, projects, infrastructure
and assets across all State agencies.
(b) Included information.--The budgeting and accounting
processes under subsection (a) shall include, but not be limited
to, information regarding the following:
(1) Hardware.
(2) Software.
(3) Personnel.
(4) Training.
(5) Contractual services, including cloud service
providers.
(6) Other items relevant to information technology.
(c) Significant resources.--State agency requests for
significant resources shall provide the information required in
section 4320 (relating to State agency requests for information
technology and services).
(d) Reports generally.--Subject to subsections (e) and (f),
by February 1 of each year, the director shall report to the
General Assembly the following information:
(1) Services currently provided and associated
transaction volumes or other relevant indicators of
utilization by user type.
(2) New services added during the previous year.
(3) The total appropriation for each service.
(4) The total amount remitted to the vendor for each
service.
(5) Any other use of State data by the vendor and the
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total amount of revenue collected per use and in total.
(6) User satisfaction with each service.
(7) Any other issues associated with the provision of
each service.
(e) Financial information.--The director shall, at a
minimum, include in the report under subsection (d) the
following financial information:
(1) Current budgetary balances for the fund and each
information technology project.
(2) Line-item details on expenditures.
(3) Anticipated expenditures for the next four years.
(4) Cybersecurity expenditures for the previous and next
four years by each agency.
(5) The financial activities of the fund, including fund
expenditures, during the immediately prior fiscal year.
(f) Issuance.--In addition to the General Assembly, a report
under subsection (c) shall be submitted to the following:
(1) The Secretary of the Budget.
(2) The Independent Fiscal Office.
§ 4318. Commonwealth portal.
The office shall establish a single point of service
accessible electronically by means in use by residents of this
Commonwealth. The following shall apply:
(1) Each State agency shall functionally link its
Internet or electronic services to a centralized web portal
system established under this chapter.
(2) The office shall ensure the portal facilitates
Commonwealth residents' ease in conducting online
transactions with and obtaining information from State
government.
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(3) The portal shall be designed to facilitate and
improve public interactions along with communications between
State agencies.
§ 4319. Statewide information technology transparency portal.
(a) Implementation.--Within one year of the effective date
of this chapter, the office shall develop, operate and update
regularly a web-based portal detailing the status of each of the
Commonwealth's information technology projects, to increase the
transparency and convenience for the public in obtaining
information regarding State information technology activity as
contained in section 4317 (relating to financial accountability
and information technology).
(b) Contents.--The portal shall include the following:
(1) A brief summary of each information technology
project.
(2) The approved budget of each project.
(3) The total and percent of the project's approved
budget that has been expended by the agency based on the end
balance from the prior business day along with a color
designation as follows:
(i) If an information technology project is under
the project's approved budget, the project shall be
designated as the color green.
(ii) If an information technology project is over
the project's approved budget, the project shall be
designated as the color red.
(4) The completion date in the original contract along
with the total percent of work for the project that has been
completed, along with a color designation as follows:
(i) If an information technology project has not
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exceeded the completion date in the original contract,
the project shall be designated as the color green.
(ii) If an information technology project has
exceeded the completion date in the original contract,
the project shall be designated as the color red.
(5) A summary of the scope of work along with a color
designation as follows:
(i) If an information technology project is meeting
the scope of work in the original contract, the project
shall be designated as the color green.
(ii) If an information technology project is not
meeting the scope of work in the original contract, the
project shall be designated as the color red.
(6) A summary of the performance requirements of the
contract, along with a color designation as follows:
(i) If an information technology project is meeting
the performance requirements in the original contract,
the project shall be designated as the color green.
(ii) If an information technology project is not
meeting the performance measures in the original
contract, the project shall be designated as the color
red.
(c) Posting.--Posting of draft and final policy documents
shall be made within 90 days of the effective date of this
section.
(1) The office shall make available all proposed and
existing information technology related policies and laws by
an intranet accessible to all State employees.
(2) The policy intranet documents shall be made
available via the web-based portal when deployed.
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§ 4320. State agency requests for information technology and
services.
A State agency shall submit a business case to the office,
requesting significant resources as defined by the director, for
the purpose of acquiring, operating or maintaining information
technology or services for the State agency. The office shall
supply sufficient staff support for agency business case
development. The following shall apply regarding the business
case:
(1) A review and evaluation shall be made of the
business case that is prepared by the chief information
officer assigned to the State agency that includes an
assessment of risk and ensures that the cost and schedule
estimates incorporate the risk assessment.
(2) In cases of an acquisition, there shall be an
explanation of the method by which the acquisition is to be
financed.
(3) A statement shall be made by the chief information
officer assigned to the State agency that specifies viable
alternatives, if any, for meeting the State agency needs in
an economical and efficient manner. The statement shall
include an analysis of alternatives that identifies the best
approach for achieving mission improvement or program results
within available funding and that takes into consideration
the following:
(i) Organization, process and technology options.
(ii) At least three alternatives, including the
status quo, a shared service or external service option
and any other alternatives consistent with the
architecture and strategy developed by the office.
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(4) An assessment of and plan for ensuring cybersecurity
and privacy issues shall be incorporated and funded in the
request for resources.
§ 4321. Status of information technology projects and
corrective action plans.
(a) Designation.--With respect to a business case under
section 4320 (relating to State agency requests for information
technology and services), the office shall designate as red, as
specified under section 4319 (relating to Statewide information
technology transparency portal), and identify a remediation
plan, including contract and program restructuring, for programs
experiencing cost or schedule overruns or performance shortfall
exceeding the business case as funded. The following shall
apply:
(1) The remediation plan and restructuring actions shall
address root causes of the program and contract cost,
performance or schedule overruns.
(2) The office shall ensure the business case is updated
to establish a new baseline of cost, schedule and performance
objectives that reflect the remediation plan and
restructuring action.
(3) Upon determining that an information technology
project has been designated red, the office shall notify the
Governor's Office, the Auditor General and the General
Assembly.
(4) The remediation plan and restructuring action shall
be finalized within 60 days from notification.
(b) Transmittal.--The finalized corrective action plan shall
be sent to the General Assembly and the Auditor General.
(c) Additional requirements.--The director shall notify the
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State Treasurer to suspend future expenditure of funds for any
technology project that is designated as red under this section
and that fails to adopt a remediation plan within the time
outlined under this section. The following shall apply:
(1) If a State agency adopts within the time allowed
under this section a remediation plan, but the project's
designation remains red following implementation of the plan,
the director shall require the agency to adopt a new
remediation plan or may, at the director's discretion,
suspend or terminate the project.
(2) To implement this section, the director and each
State agency shall include as part of contract provisions
necessary to suspend payment for the failure of a contractor
or vendor to complete the requirements of the contract on
time or on budget.
SUBCHAPTER C
BUSINESS OPERATIONS
Sec.
4331. Reporting requirements regarding procurement.
4332. Communications services.
4333. Project approval standards.
4334. Project management standards.
4335. Dispute resolution.
4336. Purchase of certain equipment prohibited.
4337. Refurbished computer equipment purchasing program.
4338. Data on reliability and other matters.
§ 4331. Reporting requirements regarding procurement.
(a) Bids.--A vendor submitting a bid or proposal shall
disclose in a statement, provided contemporaneously with the bid
or proposal, where services will be performed under the contract
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sought, including any subcontracts, and whether any services
under that contract, including any subcontracts, are anticipated
to be performed outside the United States.
(b) Retention and reports.--The director shall:
(1) Retain the statements required by this section
regardless of the State agency that awards the contract.
(2) Report annually to the secretary on the number of
contracts.
(c) Records of purchases.--Each State agency that makes a
purchase of information technology through the office shall
report directly to the director, who shall keep annual records
of information technology purchases.
(d) Effect of section.--Nothing in this section is intended
to contravene any existing treaty, law, agreement or regulation
of the United States.
§ 4332. Communications services.
The director shall exercise authority for telecommunications
and other communications included in information technology
relating to the internal management and operations of a State
agency. In discharging this responsibility, the director shall:
(1) Ensure that no data of a confidential nature shall
be entered into or processed through an information
technology system or network established under this chapter
until appropriate safeguards and other security measures are
approved by the director and installed and fully operational.
(2) Provide for the establishment, management and
operation, through State ownership, by contract or through
commercial leasing, of the following systems and services as
they affect the internal management and operation of State
agencies:
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(i) Central telephone systems and telephone
networks, including Voice over Internet Protocol and
commercial mobile radio systems.
(ii) Satellite services.
(iii) Closed-circuit television systems.
(iv) Two-way radio systems.
(v) Microwave systems.
(vi) Related systems based on telecommunication
technologies.
(vii) Broadband.
(3) Coordinate the development of cost-sharing systems
for respective State agencies for their proportionate parts
of the cost of maintenance and operation of the systems and
services listed in this section.
(4) Assist in the development of coordinated
telecommunications services or systems within and among all
State agencies and recommend, where appropriate, cooperative
utilization of telecommunication facilities by aggregating
users.
(5) Perform traffic analysis and engineering for all
telecommunications services and systems listed in this
section.
(6) Establish telecommunications specifications and
designs so as to promote and support compatibility of the
systems within State agencies.
(7) Provide every three years an inventory of
telecommunications costs, facilities, systems and personnel
within State agencies.
(8) Promote, coordinate and assist in the design and
engineering of emergency telecommunications systems,
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including, but not limited to, the 911 emergency telephone
number program, emergency medical services and other
emergency telecommunications services.
(9) Perform frequency coordination and management for
State agencies and municipalities, including all public
safety radio service frequencies, in accordance with the
rules and regulations of the Federal Communications
Commission or any successor Federal agency.
(10) Advise all State agencies on telecommunications
management planning and related matters and provide
opportunities for training to users within State agencies in
telecommunications technology and systems.
(11) Assist and coordinate the development of policies
and long-range plans, consistent with the protection of
residents' rights to privacy and access to information, for
the acquisition and use of telecommunications systems. All
policies and plans shall be based on current information
about the Commonwealth's telecommunications activities in
relation to the full range of emerging technologies.
§ 4333. Project approval standards.
(a) Review and approval.--The director shall review all
proposed information technology projects for each State agency
and make a determination of approval or disapproval within 15
business days of receipt. Project approval may be granted upon
the director's determination that:
(1) the project conforms to project management
procedures and policies and to procurement rules and
policies; and
(2) sufficient funds are available for implementation.
(b) Implementation.--Unless expressly exempt within this
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chapter, a State agency may not proceed with an information
technology project until the director approves the project.
(c) Disapproval.--If a project is not approved, the director
shall specify in writing the grounds for the disapproval after
making the determination. The director shall provide notice of
the disapproval, along with the grounds for the disapproval, to
all of the following:
(1) The State agency.
(2) The Secretary of the Budget.
(3) The State Treasurer.
(4) The Auditor General.
(5) The General Assembly.
(d) Suspension.--
(1) The director may suspend an information technology
project if the project:
(i) fails to meet the applicable quality assurance
standards;
(ii) has exceeded its projected costs; or
(iii) has failed to meet its projected completion
date.
(2) If the director suspends a project for a reason
under paragraph (1), the director shall specify in writing
the grounds for suspending the project no later than five
business days after making the determination. The director
shall provide notice of the suspension, along with the
grounds for suspension, to all of the following:
(i) The State agency.
(ii) The Secretary of the Budget.
(iii) The State Treasurer.
(iv) The Auditor General.
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(v) The General Assembly.
(vi) Any vendor or organization contracted by the
respective State agency for work on the suspended
project.
(3) After a project has been suspended, the State
Treasurer may not allow the transfer of money from the State
agency to support additional work under the project unless
the director approves an amended version of the plan for the
project.
(4) If a State agency attempts to continue to implement
a project that is no longer approved by the director and
expend additional money for the project, the State Treasurer
shall prevent the transfer of funds and remit the intended
expenditures into the fund. After remitting the unauthorized
expenditure, the State Treasurer shall immediately notify the
following:
(i) The director.
(ii) The Governor.
(iii) The Secretary of the Budget.
(iv) The General Assembly.
§ 4334. Project management standards.
(a) Personnel.--Each State agency shall provide personnel if
necessary to participate in project management, implementation,
testing and other activities for an information technology
project.
(b) Policies.--The director shall develop office policies
for implementing an approved project, whether the project is
undertaken in single or multiple phases or components.
(c) Project management assistant.--
(1) The director may designate a project management
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assistant to implement an information technology project of a
State agency.
(2) A project management assistant for a State agency
shall:
(i) Advise the State agency regarding the initial
planning of an information technology project, the
content and design of a request for proposals, contract
development, procurement and architectural and other
technical reviews.
(ii) Monitor progress in the development and
implementation of an information technology project.
(iii) Provide status reports to the State agency and
the director, including recommendations regarding
continued approval of an information technology project.
(3) Personnel of the State agency to which a project
management assistant is designated shall provide periodic
reports to the project management assistant regarding an
information technology project. Each report shall include
information regarding the following:
(i) The State agency's business requirements.
(ii) Applicable laws and regulations.
(iii) Project costs.
(iv) Issues related to hardware, software or
training.
(v) Projected and actual completion dates for the
project.
(vi) Any other information related to the
implementation of the project.
§ 4335. Dispute resolution.
(a) Right to request for review.--If the director has
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disapproved or suspended an information technology project or
has disapproved a State agency's request for an amended version
of the plan for the project, the affected State agency may
request the director to revisit the determination about the
project. The request for review shall be submitted in writing to
the director within 15 business days following the State
agency's receipt of the disapproval or suspension.
(b) Contents of request for review.--A request for review
under subsection (a) shall specify the grounds for the State
agency's disagreement with the director's determination. The
State agency shall include with its request a plan to modify the
project to meet the director's concerns.
(c) Notification.--
(1) Within 30 days after initial receipt of a State
agency's request for review, the director shall notify the
State agency whether or not the project, as modified, may be
implemented.
(2) If the director approves the implementation of a
modified project by a State agency, the director shall notify
the State Treasurer and the Secretary of the Budget
immediately. The State agency shall notify all contracted
third parties of any changes or modifications to the project.
§ 4336. Purchase of certain equipment prohibited.
(a) Determination.--A State agency may not purchase
information technology equipment or televisions, or enter into a
contract with a manufacturer, unless the director determines
that the purchase or contract is in compliance with the
requirements under this chapter and existing State law regarding
the procurement of information technology equipment and
televisions.
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