H1704B2289A10030 DMS:EJH 10/05/18 #90 A10030
AMENDMENTS TO HOUSE BILL NO. 1704
Sponsor: REPRESENTATIVE GROVE
Printer's No. 2289
Amend Bill, page 4, by inserting between lines 17 and 18
(13.1) Electronic payment processing services.
Amend Bill, page 5, lines 20 and 21, by striking out all of
line 20 and "4318" in line 21 and inserting
4317
Amend Bill, page 5, line 21, by striking out "reporting and"
Amend Bill, page 5, line 21, by inserting after
"accountability"
and information technology
Amend Bill, page 5, line 22, by striking out "4319" and
inserting
4318
Amend Bill, page 5, line 23, by striking out "4320" and
inserting
4319
Amend Bill, page 5, line 24, by striking out "4321" and
inserting
4320
Amend Bill, page 5, line 25, by striking out "4322" and
inserting
4321
Amend Bill, page 5, by inserting between lines 25 and 26
4322. Status of information technology projects and corrective
action plans.
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Amend Bill, page 14, line 23, by striking out "A restricted"
and inserting
An
Amend Bill, page 14, line 24, by striking out "State
Treasury" and inserting
General Fund
Amend Bill, page 15, lines 4 and 5, by striking out all of
line 4 and "(4)" in line 5 and inserting
(3)
Amend Bill, page 15, lines 19 through 30; page 16, lines 1
through 6; by striking out all of said lines on said pages
Amend Bill, page 16, line 7, by striking out "4318" and
inserting
4317
Amend Bill, page 16, line 7, by striking out "reporting and"
Amend Bill, page 16, line 7, by inserting after
"accountability"
and information technology
Amend Bill, page 16, lines 28 through 30; page 17, lines 1
and 2; by striking out all of said lines on said pages and
inserting
(3) The total appropriation for each service.
Amend Bill, page 17, line 3, by striking out "(6)" and
inserting
(4)
Amend Bill, page 17, line 5, by striking out "(7)" and
inserting
(5)
Amend Bill, page 17, line 7, by striking out "(8)" and
inserting
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(6)
Amend Bill, page 17, line 8, by striking out "(9)" and
inserting
(7)
Amend Bill, page 17, by inserting between lines 9 and 10
(d) Financial information.--The director shall, at a
minimum, include in the report under subsection (c) 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 three years.
(4) The financial activities of the fund, including fund
expenditures, during the immediately prior fiscal year.
(e) 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.
(3) The General Assembly.
Amend Bill, page 17, line 10, by striking out "4319" and
inserting
4318
Amend Bill, page 17, line 17, by striking out "4320" and
inserting
4319
Amend Bill, page 18, line 1, by striking out "4321" and
inserting
4320
Amend Bill, page 18, line 5, by striking out "4322" and
inserting
4321
Amend Bill, page 19, by inserting between lines 2 and 3
§ 4322. Status of information technology projects and
corrective action plans.
(a) Portal.--Within one year of the effective date of this
act, the director shall develop a web-based portal detailing the
status of each of the Commonwealth's information technology
projects. The portal shall include the following:
(1) A brief summary of each information technology
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project.
(2) The approved budget of each project.
(3) The total and percent of the project's approved
budget which 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
exceeded the completion date in the original contract,
the project shall be designated as green.
(ii) If an information technology project has
exceeded the completion date in the original contract,
the project shall be designated as 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.
(b) Notification.--The following shall apply:
(1) Upon determining that an information technology
project will be designated red, the director shall notify the
Governor's Office, the Independent Fiscal Office and the
General Assembly.
(2) Upon being notified that the information technology
project is designated as red, the director shall develop a
corrective action plan to ensure that the information
technology project moves back to green status.
(3) The corrective action plan shall be finalized within
20 days from the notification. The finalized corrective
action plan shall be sent to the General Assembly, the
Independent Fiscal Office and the Auditor General.
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Amend Bill, page 19, by inserting between lines 13 and 14
4339. Contractor verification.
Amend Bill, page 19, line 14, by striking out "4339" and
inserting
4340
Amend Bill, page 19, line 15, by striking out "4340" and
inserting
4341
Amend Bill, page 19, line 16, by striking out "4341" and
inserting
4342
Amend Bill, page 19, line 17, by striking out "4342" and
inserting
4343
Amend Bill, page 19, line 19, by inserting after "bid"
or proposal
Amend Bill, page 19, line 20, by inserting after "bid"
or proposal
Amend Bill, page 20, line 1, by striking out "direct"
Amend Bill, page 21, lines 3 through 6, by striking out all
of lines 3 through 5 and "(2)" in line 6 and inserting
(1)
Amend Bill, page 21, lines 12 through 16, by striking out all
of lines 12 through 15 and "(4)" in line 16 and inserting
(2)
Amend Bill, page 21, line 20, by striking out "(5)" and
inserting
(3)
Amend Bill, page 21, line 24, by striking out "(6)" and
inserting
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(4)
Amend Bill, page 24, line 21, by inserting after "all"
proposed
Amend Bill, page 25, lines 9 through 12, by striking out all
of said lines and inserting
(4) The General Assembly.
Amend Bill, page 25, lines 28 through 30; page 26, lines 1
through 3; by striking out all of said lines on said pages and
inserting
(ii) The Independent Fiscal Office.
(iii) The Auditor General.
(iv) The Secretary of the Budget.
(v) The State Treasurer.
(vi) The General Assembly.
Amend Bill, page 26, lines 16 through 20, by striking out all
of said lines and inserting
(ii) The Governor.
(iii) The Secretary of the Budget.
(iv) The General Assembly.
Amend Bill, page 27, line 25, by inserting after "proposals"
or invitation for bids
Amend Bill, page 27, line 27, by inserting after "proposals"
or bids
Amend Bill, page 27, line 27, by striking out "vendors" and
inserting
contractors
Amend Bill, page 30, line 10, by inserting after "agencies"
utilizing the processes under 62 Pa.C.S. Ch. 5 (relating to
source selection and contract formation)
Amend Bill, page 30, line 16, by inserting after "chapter"
and consistent with the processes enacted under 62 Pa.C.S.
Ch. 5
Amend Bill, page 30, line 24, by striking out "personal"
Amend Bill, page 31, line 26, by inserting after "Offers"
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or bids
Amend Bill, page 32, line 17, by inserting after "offer.--
All"
bids or
Amend Bill, page 32, line 18, by inserting after
"competitive"
sealed
Amend Bill, page 32, line 18, by inserting after "method"
under 62 Pa.C.S. Ch. 5
Amend Bill, page 33, lines 14 through 17, by striking out all
of said lines and inserting
(3) The General Assembly.
§ 4339. Contractor verification.
(a) General rule.--A contract for professional or technical
services in which the cost to the Commonwealth exceeds $100,000
shall require a contractor working with a State agency on a
project to use software that verifies that the hours billed on a
contract with the State agency are valid and fulfill the purpose
of the contract.
(b) Contract specifications.--A contract shall specify that
a State agency may not pay for hours worked on a project that
are performed on a computer unless the hours can be verified
through the use of the software or data collected by the
software.
(c) Software requirements.--The software incorporated by a
contractor to meet the requirements of this section shall do the
following:
(1) Permit the State agency or an auditor of the State
agency to have real-time or retroactive access to data
collected by the software.
(2) Automatically capture a screenshot of activity as
follows:
(i) The software shall capture a screenshot at least
once every three minutes.
(ii) A screenshot shall be made available for review
by the State agency or an auditor of the State agency in
real-time and retroactively.
(iii) Track total keystroke and mouse event
frequency.
(iv) Be procured by the contractor from an
independent entity.
(3) Provide the State agency or an auditor of the State
agency an automated real-time cost status of each task
relating to the contract.
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(4) Provide the State agency professional biographical
information that is not private or confidential on
individuals performing tasks under the contract.
(5) Protect all data that is private or confidential on
individuals consistent with Pennsylvania law.
(6) Permit the State agency to provide immediate
feedback to the contractor on work in progress under the
contract.
(d) Data storage.--The contractor shall store, or contract
to store, the data collected by the software required under this
section for a period of no less than seven years after the State
agency has remitted payment to the contractor for work under the
contract.
(e) Requests for data.--Data collected by the software
during the contract period shall not be considered government
data and the contractor shall retrieve the data upon request of
the State agency, in the format requested by the State agency,
at any time during the seven-year period.
(f) Charge prohibited.--The contractor may not charge the
State agency or an auditor of the State agency for access to or
use of the software or for access to or retrievals of data
collected by the software.
Amend Bill, page 33, line 18, by striking out "4339" and
inserting
4340
Amend Bill, page 34, line 5, by striking out "$25,000" and
inserting
$100,000
Amend Bill, page 34, line 6, by striking out "a quarterly"
and inserting
an annual
Amend Bill, page 34, lines 7 through 15, by striking out all
of said lines and inserting
General Assembly.
Amend Bill, page 34, line 16, by striking out "4340" and
inserting
4341
Amend Bill, page 34, line 17, by striking out "computer" and
inserting
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information technology
Amend Bill, page 34, line 21, by striking out the period
after "chapter" and inserting
and existing State law regarding the procurement of
information technology equipment and televisions.
Amend Bill, page 34, line 24, by inserting after "chapter"
or existing State law regarding the procurement of
information technology equipment and televisions
Amend Bill, page 34, line 26, by striking out "4341" and
inserting
4342
Amend Bill, page 35, line 5, by striking out "quarterly" and
inserting
annually
Amend Bill, page 35, lines 7 through 10, by striking out all
of said lines and inserting
(2) The General Assembly.
Amend Bill, page 35, line 12, by inserting after "all"
existing
Amend Bill, page 35, line 14, by striking out "4342" and
inserting
4343
Amend Bill, page 36, line 1, by striking out "Legislative"
and inserting
Joint
Amend Bill, page 37, line 14, by inserting after "a"
Federal Government entity or a
Amend Bill, page 38, line 6, by inserting after "General"
or the General Assembly
Amend Bill, page 38, line 28, by striking out "Legislative"
and inserting
Joint
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Amend Bill, page 40, by inserting between lines 2 and 3
(v) The Pennsylvania Public Utility Commission.
(8) Four private citizens appointed by the Governor with
professional cyber security experience.
Amend Bill, page 40, line 3, by striking out "(8)" and
inserting
(9)
Amend Bill, page 40, lines 5 and 6, by striking out "and vice
chairperson"
Amend Bill, page 40, lines 7 through 25, by striking out all
of said lines and inserting
Governor and the vice chairperson of the committee shall
be appointed by the chairperson.
(c) Staffing.--The committee shall be staffed by the
office, which shall support and assist the committee.
Amend Bill, page 40, line 26, by striking out "(c)" and
inserting
(d)
Amend Bill, page 40, line 29, by striking out "(d)" and
inserting
(e)
Amend Bill, page 41, line 2, by striking out "(e)" and
inserting
(f)
Amend Bill, page 41, lines 22 through 30; page 42, lines 1
through 15; by striking out all of lines 22 through 30 on page
41, all of lines 1 through 14 and "(i)" in line 15 on page 42
and inserting
(g)
Amend Bill, page 42, line 15, by inserting after "review"
and coordinate
Amend Bill, page 42, line 16, by striking out "issue an
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annual report on" and inserting
discuss
Amend Bill, page 42, line 17, by striking out "an assessment
of" and inserting
assess
Amend Bill, page 42, line 28, by striking out "(j)" and
inserting
(h)
Amend Bill, page 43, line 1, by striking out "Legislative"
and inserting
Joint
Amend Bill, page 43, line 16, by striking out "under this
chapter"
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