Regular Session 2019-2020 Senate Bill 1133 P.N. 1673

PRINTER'S NO. 1673

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1133

Session of

2020

INTRODUCED BY MASTRIANO, GORDNER, PITTMAN AND J. WARD,

APRIL 30, 2020

REFERRED TO STATE GOVERNMENT, APRIL 30, 2020

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," in powers and duties in general, providing for

information technology billing verification.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding a

section to read:

Section 531. Information Technology Billing Verification.--

(a) The Office of Administration shall submit to the General

Assembly and post on the publicly accessible Internet website of

the Office of Administration a report on any information

technology project that is funded by an executive agency using

only funds appropriated by the General Assembly and:

(1) that is more than one year behind schedule; or

(2) for which the amount spent on the project is at least

one million dollars ($1,000,000) more than the original cost

estimate for the project.

(b) To prepare the report, the Office of Administration

shall send a request for information to executive agencies no

later than July 1 of each year and shall require a response no

later than September 30. The Office of Administration shall

submit the report to the General Assembly and post it on the

publicly accessible Internet website of the Office of

Administration by November 31.

report, provide:

(1) A brief description of the project, including:

(i) The purpose of the project.

(ii) The location in which the project is carried out.

(iii) The year in which the project was initiated.

(iv) The Commonwealth's share of the total cost of the

project.

(v) The primary contractor and grant recipient of the

project.

(2) An explanation of any change to the original scope of

the project, including addition or narrowing of the initial

requirements of the project.

(3) The original expected date for completion of the

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project.

(4) The current expected date for completion of the project.

(5) The original cost estimate for the project, as adjusted

to reflect increases in the Consumer Price Index for All Urban

Consumers, as published by the Bureau of Labor Statistics.

(6) The current cost estimate for the project, as adjusted

to reflect increases in the Consumer Price Index for All Urban

Consumers, as published by the Bureau of Labor Statistics.

(7) An explanation for a delay in completion or increase in

the original cost estimate for the project.

(8) The amount and rationale, including terms and conditions

to receive or be denied, for an award, incentive fee or any

other type of bonus, if any, awarded for the project.

(d) For a project identified in the report that is more than

one year behind schedule or for which the amount spent on the

project is at least one million dollars ($1,000,000) more than

the original cost estimate for the project, beginning January 1

of the year following the submission of the report, the

executive agency may not pay for hours worked on a computer and

billed by the hour to the Commonwealth unless the hours are

verifiable by data generated by automatic billing verification

software.

(e) The automatic billing verification software shall meet

all of the following requirements:

(1) Permit the executive agency or an auditor of the

executive agency to have access to data collected or provided by

the software within fourteen (14) days of generation of the

data.

(2) Automatically count the number of keystrokes and mouse

events, but shall not record the actual keystrokes or mouse

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events.

(3) Automatically take a screenshot every three minutes.

(4) Meet all Federal and State privacy and confidentiality

laws and protect all data that is private or confidential on

individuals.

(f) Data collected by the automatic billing verification

software shall be considered financial records belonging to the

contractor. The contractor may not sell or transfer the data or

use it in any other manner than to verify and manage hours

worked on a computer and billed to the Commonwealth.

(g) The contractor shall provide access to the executive

agency or an auditor of the executive agency on request for a

period of time governed by law, regulation or as stated in the

contract. The contractor may not charge the executive agency or

an auditor of the executive agency for access to or retrievals

of the data generated by the automatic billing verification

software. The software shall be procured by the contractor from

an independent entity.

(h) An executive agency that enters into a contract in

excess of five hundred thousand dollars ($500,000) for technical

services to be performed using a computer shall give preference

to any contractor that uses computer software to automatically

verify the hours worked on a computer and billed under the

contract. The automatic billing verification software shall be

required to meet the requirements of this section.

(i) This section shall not apply to any of the following:

(1) A State employee.

(2) An executive agency contracting with another executive

agency.

(3) A law enforcement agency or contract with an executive

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agency that is the custodian of criminal justice information as

defined by the Federal Bureau of Investigation Criminal Justice

Information Services Security Policy.

(4) An individual who works for a contractor that performs

work on a Commonwealth-owned device.

(j) As used in this section, the term "executive agency"

shall mean an administrative governmental entity created by the

Constitution or statutes of this Commonwealth under the

executive branch or created to be independent, including any

department, agency, board, bureau, council, commission or

committee supported in whole or in part by State funds and a

subdivision of such entity and any legally designated agent of

such entity.

Section 2. This act shall take effect in 60 days.

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