1Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2Statutes, requiring Commonwealth agencies to procure only
3flags that are manufactured in the United States and give
4preference to American-made products; and imposing a penalty.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Chapter 37 of Title 62 of the Pennsylvania
8Consolidated Statutes is amended by adding a subchapter to read:

9SUBCHAPTER F

10FLAG PROCUREMENT AND

11AMERICAN-MADE PRODUCT PREFERENCE

12Sec.

133761. Short title of subchapter.

143762. Legislative findings and declaration.

153763. Definitions.

163764. Contract provisions.

173765. Payment under contract and recovery of payments.

183766. Penalty.

1§ 3761. Short title of subchapter.

2This subchapter shall be known and may be cited as the Flag
3Procurement and American-made Product Preference Act.

4§ 3762. Legislative findings and declaration.

5(a) Findings.--It is hereby determined by the General
6Assembly that:

7(1) The production of flags and other American-made
8products provide jobs and family incomes for residents of
9this Commonwealth.

10(2) It has, for many years, been the policy of the
11Commonwealth to aid and support the development and expansion
12of industry in this Commonwealth in order to foster the
13economic well-being of the Commonwealth and its people.

14(3) The economy and general welfare of the Commonwealth
15and its people, as well as the economy and general welfare of
16the United States, are related to the preservation and
17development of industry in this Commonwealth and in the other
18states of the United States.

19(b) Declaration.--The General Assembly declares it to be the
20policy of the Commonwealth and all government agencies should,
21at all times, aid and promote the development of the flag
22industry of the United States in order to stimulate and improve
23the economic well-being of the Commonwealth and its people and
24give preference to American-made products when they are
25similarly priced and of similar value and similar usefulness.

26§ 3763. Definitions.

27The following words and phrases when used in this subchapter
28shall have the meanings given to them in this section unless the
29context clearly indicates otherwise:

30"Flag." Any of the following:

1(1) The flag of the United States, as defined in 4 
2U.S.C. § 1 (relating to flag; stripes and stars on) and the
3executive orders entered in connection with that section,
4made of fabric, cloth or paper displayed from a staff or
5flagpole or in a window. The term does not include a
6depiction or emblem of the United States flag made of lights,
7paint, roofing, siding, paving materials, flora or balloons
8or any other similar building, landscaping or decorative
9component.

10(2) The flag of the Commonwealth, as described in
11section 1 of the act of June 13, 1907 (P.L.560, No.373),
12entitled "An act designating the official flag of the
13Commonwealth of Pennsylvania, and describing the same;
14providing for the carrying of such flag by the regiments of
15the National Guard of Pennsylvania; authorizing the Secretary
16of the Commonwealth to provide, and have deposited in the
17office of Secretary of the Commonwealth, a model of said
18flag, and making an appropriation therefor."

19"United States." The United States of America and all
20territory, continental or insular, subject to the jurisdiction
21of the United States.

22§ 3764. Contract provisions.

23(a) Flags.--All Commonwealth agencies and the General
24Assembly, its officers and agencies shall procure only flags
25that are manufactured in the United States. A flag is
26manufactured in the United States if the fabric, cloth or paper
27is woven, dyed, printed or otherwise embedded into the final
28product in the United States. Contract documents for the
29procurement of flags shall contain a provision that the flags
30procured by the Commonwealth agency shall be manufactured in the

1United States.

2(b) Other products.--All Commonwealth agencies and the 
3General Assembly, its officers and agencies shall give 
4preference to American-made products when they are similarly 
5priced and of similar value and similar usefulness.

6§ 3765. Payment under contract and recovery of payments.

7A Commonwealth agency or the General Assembly, its officers
8and agencies, may not authorize, provide for or make a payment
9to a person under a contract containing the provisions required
10by section 3764 (relating to contract provisions) unless the
11Commonwealth agency or the General Assembly, its officers and
12agencies is satisfied that the person has complied with the
13provisions. If a Commonwealth agency or the General Assembly, 
14its officers and agencies determines that a person who supplied 
15flags to the agency violated section 3764, the agency may 
16recover from the person a payment made by the Commonwealth 
17agency or the General Assembly, its officers and agencies for 
18the flags.

19§ 3766. Penalty.

20A person who willfully violates the provisions of this
21subchapter may be prohibited by the Commonwealth agency or the 
22General Assembly, its officers and agencies from participation
23in contracts awarded by the Commonwealth agency or the General 
24Assembly, its officers and agencies for a period of five years
25from the date of the determination that a violation has
26occurred. This penalty may be in addition to the withholding or
27recovery of payments under section 3765 (relating to payment
28under contract and recovery of payments).

29Section 2. This act shall apply to the procurement of flags
30or contracts for the procurement of flags or other products

1under 62 Pa.C.S. § 3765 entered into on or after the effective
2date of this section.

3Section 3. All acts and parts of acts are repealed insofar
4as they are inconsistent with this act.

5Section 4. This act shall take effect in 60 days.