1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," requiring school districts to procure
6only flags that are manufactured in the United States and
7give preference to American-made products; and imposing a
8penalty.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. The act of March 10, 1949 (P.L.30, No.14), known
12as the Public School Code of 1949, is amended by adding a
13section to read:

14Section 528. Flag Procurement and American-made Product
15Preference.--(a) A board of school directors and any school
16under its jurisdiction shall procure only flags that are
17manufactured in the United States. A flag is manufactured in the
18United States if the fabric, cloth or paper is woven, dyed,
19printed or otherwise embedded into the final product in the
20United States. Contract documents for the procurement of flags

1shall contain a provision that the flags procured by the school
2district shall be manufactured in the United States.

3(b) When purchasing any products, a board of school
4directors and any school under its jurisdiction shall give
5preference to American-made products when they are similarly
6priced and of similar value and similar usefulness.

7(c) A board of school directors and any school under its
8jurisdiction may not authorize, provide for or make a payment to
9a person under a contract containing the provisions required by
10subsection (a) or (b) unless the board of school directors or
11any school under its jurisdiction is satisfied that the person
12has complied with the provisions. If a board of school directors
13or any school under its jurisdiction determines that a person
14who supplied flags to the school district violated subsection
15(a) or (b), the school district may recover from the person the
16payment made by the school district for the flags.

17(d) A person who willfully violates the provisions of this
18section may be prohibited by the school district from
19participation in contracts awarded by the school district for a
20period of five years from the date of the determination that a
21violation has occurred. This penalty may be in addition to the
22withholding or recovery of payments under subsection (c).

23(e) As used in this section, the following words and phrases
24shall have the meanings given to them in this subsection unless
25the context clearly indicates otherwise:

26"Flag" shall mean any of the following:

27(1) The flag of the United States, as defined in 4 U.S.C. § 
281 (relating to flag; stripes and stars on) and the executive
29orders entered in connection with that section, made of fabric,
30cloth or paper displayed from a staff or flagpole or in a

1window. The term does not include a depiction or emblem of the
2United States flag made of lights, paint, roofing, siding,
3paving materials, flora or balloons or any other similar
4building, landscaping or decorative component.

5(2) The flag of the Commonwealth, as described in section 1
6of the act of June 13, 1907 (P.L.560, No.373), entitled "An act
7designating the official flag of the Commonwealth of
8Pennsylvania, and describing the same; providing for the
9carrying of such flag by the regiments of the National Guard of
10Pennsylvania; authorizing the Secretary of the Commonwealth to
11provide, and have deposited in the office of Secretary of the
12Commonwealth, a model of said flag, and making an appropriation
13therefor."

14"United States" shall mean the United States of America and
15all territory, continental or insular, subject to the
16jurisdiction of the United States.

17Section 2. The addition of section 528 of the act shall
18apply to the procurement of flags or contracts for the
19procurement of flags or other products under section 528 of the
20act entered into on or after the effective date of this act.

21Section 3. This act shall take effect in 60 days.