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.

13766. Penalty.

2§ 3761. Short title of subchapter.

3This subchapter shall be known and may be cited as the Flag
4Procurement and American-made Product Preference Act.

5§ 3762. Legislative findings and declaration.

6(a) Findings.--It is hereby determined by the General
7Assembly that:

8(1) The production of flags and other American-made
9products provide jobs and family incomes for residents of
10this Commonwealth.

11(2) It has, for many years, been the policy of the
12Commonwealth to aid and support the development and expansion
13of industry in this Commonwealth in order to foster the
14economic well-being of the Commonwealth and its people.

15(3) The economy and general welfare of the Commonwealth
16and its people, as well as the economy and general welfare of
17the United States, are related to the preservation and
18development of industry in this Commonwealth and in the other
19states of the United States.

20(b) Declaration.--The General Assembly declares it to be the
21policy of the Commonwealth and all government agencies should,
22at all times, aid and promote the development of the flag
23industry of the United States in order to stimulate and improve
24the economic well-being of the Commonwealth and its people and
25give preference to American-made products when they are
26similarly priced and of similar value and similar usefulness.

27§ 3763. Definitions.

28The following words and phrases when used in this subchapter
29shall have the meanings given to them in this section unless the
30context clearly indicates otherwise:

1"Flag." Any of the following:

2(1) The flag of the United States, as defined in 4 
3U.S.C. § 1 (relating to flag; stripes and stars on) and the
4executive orders entered in connection with that section,
5made of fabric, cloth or paper displayed from a staff or
6flagpole or in a window. The term does not include a
7depiction or emblem of the United States flag made of lights,
8paint, roofing, siding, paving materials, flora or balloons
9or any other similar building, landscaping or decorative
10component.

11(2) The flag of the Commonwealth, as described in
12section 1 of the act of June 13, 1907 (P.L.560, No.373),
13entitled "An act designating the official flag of the
14Commonwealth of Pennsylvania, and describing the same;
15providing for the carrying of such flag by the regiments of
16the National Guard of Pennsylvania; authorizing the Secretary
17of the Commonwealth to provide, and have deposited in the
18office of Secretary of the Commonwealth, a model of said
19flag, and making an appropriation therefor."

20"United States." The United States of America and all
21territory, continental or insular, subject to the jurisdiction
22of the United States.

23§ 3764. Contract provisions.

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

1procured by the Commonwealth agency shall be manufactured in the
2United States.

3(b) Other products.--All Commonwealth agencies and the 
4General Assembly, its officers and agencies shall give 
5preference to American-made products when they are similarly 
6priced and of similar value and similar usefulness.

7§ 3765. Payment under contract and recovery of payments.

8A Commonwealth agency or the General Assembly, its officers
9and agencies, may not authorize, provide for or make a payment
10to a person under a contract containing the provisions required
11by section 3764 (relating to contract provisions) unless the
12Commonwealth agency or the General Assembly, its officers and
13agencies is satisfied that the person has complied with the
14provisions. If a Commonwealth agency or the General Assembly, 
15its officers and agencies determines that a person who supplied 
16flags to the agency violated section 3764, the agency may 
17recover from the person a payment made by the Commonwealth 
18agency or the General Assembly, its officers and agencies for 
19the flags.

20§ 3766. Penalty.

21A person who willfully violates the provisions of this
22subchapter may be prohibited by the Commonwealth agency or the 
23General Assembly, its officers and agencies from participation
24in contracts awarded by the Commonwealth agency or the General 
25Assembly, its officers and agencies for a period of five years
26from the date of the determination that a violation has
27occurred. This penalty may be in addition to the withholding or
28recovery of payments under section 3765 (relating to payment
29under contract and recovery of payments).

30Section 2. This act shall apply to the procurement of flags

1or contracts for the procurement of flags or other products
2under 62 Pa.C.S. § 3765 entered into on or after the effective
3date of this section.

4Section 3. All acts and parts of acts are repealed insofar
5as they are inconsistent with this act.

6Section 4. This act shall take effect in 60 days.