THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CLYMER, ARGALL, BAKER, BARRAR, BEAR, BELFANTI, BOYD, BRENNAN, BUXTON, CALTAGIRONE, CASORIO, COHEN, D. COSTA, CREIGHTON, CUTLER, DALEY, DeLUCA, DePASQUALE, EVERETT, FLECK, GEIST, GEORGE, GIBBONS, GINGRICH, GOODMAN, GROVE, GRUCELA, HARHAI, HARKINS, HARPER, HARRIS, HENNESSEY, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, M. KELLER, KORTZ, MAJOR, MANN, MARSHALL, MILLARD, MILLER, MOUL, MUNDY, MURT, MUSTIO, O'NEILL, PALLONE, PASHINSKI, PAYNE, PETRARCA, PHILLIPS, PICKETT, PYLE, QUINN, RAPP, READSHAW, REED, REICHLEY, ROAE, ROCK, ROEBUCK, ROHRER, SANTONI, SAYLOR, SCAVELLO, SIPTROTH, K. SMITH, STABACK, STERN, STEVENSON, J. TAYLOR, TRUE, WALKO, WANSACZ, WATSON, WHEATLEY AND YOUNGBLOOD, APRIL 1, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 1, 2009  

AN ACT

To promote the general welfare and stimulate the economy of the

Commonwealth by requiring that all government agencies

purchase only flags manufactured in the United States; and

imposing a penalty.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Flag

Procurement Act.

Section 2.  Legislative findings and declaration.

(1)  It is hereby determined by the General Assembly

that:

(i)  The production of flags provides jobs and family

incomes for residents of this Commonwealth.

(ii)  It has, for many years, been the policy of the

Commonwealth to aid and support the development and

expansion of industry in this Commonwealth in order to

foster the economic well-being of the Commonwealth and

its people.

(iii)  The economy and general welfare of the

Commonwealth and its people, as well as the economy and

general welfare of the United States, are related to the

preservation and development of the flag industry in this

Commonwealth and in the other states of the United

States.

(2)  The General Assembly declares it to be the policy of

the Commonwealth and all government agencies should, at all

times, aid and promote the development of the flag industry

of the United States in order to stimulate and improve the

economic well-being of the Commonwealth and its people.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Executive agency."  The Governor and the departments,

boards, commissions, authorities and other officers and agencies

of the Commonwealth. The term does not include any court or

other officer or agency of the unified judicial system, the

General Assembly and its officers and agencies or any

independent agency or State-affiliated entity.

"Flag."  Any of the following:

(1)  The flag of the United States, as defined in 4

U.S.C. § 1 (relating to flag; stripes and stars on) and the

executive orders entered in connection with that section,

made of fabric, cloth or paper displayed from a staff or

flagpole or in a window. The term does not include a

depiction or emblem of the United States flag made of lights,

paint, roofing, siding, paving materials, flora or balloons

or any other similar building, landscaping or decorative

component.

(2)  The flag of the Commonwealth, as described in

section 1 of the act of June 13, 1907 (P.L.560, No.373),

entitled "An act designating the official flag of the

Commonwealth of Pennsylvania, and describing the same;

providing for the carrying of such flag by the regiments of

the National Guard of Pennsylvania; authorizing the Secretary

of the Commonwealth to provide, and have deposited in the

office of Secretary of the Commonwealth, a model of said

flag, and making an appropriation therefor."

"Government agency."  The General Assembly and its officers

and agencies, an executive agency, an independent agency or a

State-affiliated entity.

"Independent agency."  Boards, commissions and other agencies

and officers of the Commonwealth that are not subject to the

policy supervision and control of the Governor. The term does

not include any State-affiliated entity, any court or other

officer or agency of the unified judicial system, the General

Assembly and its officers and agencies, any State-related

institution, political subdivision or any local, regional or

metropolitan transportation authority.

"Procure."  To acquire by purchase, lease or rent. The term

does not include any rentals or leases where the term of the

rental or lease is less than one month.

"State-affiliated entity."  A Commonwealth authority or a

Commonwealth entity. The term includes the Pennsylvania Turnpike

Commission, the Pennsylvania Housing Finance Agency, the

Pennsylvania Municipal Retirement Board, the Pennsylvania

Infrastructure Investment Authority, the State Public School

Building Authority, the Pennsylvania Higher Educational

Facilities Authority and the State System of Higher Education.

The term does not include any court or other officer or agency

of the unified judicial system, the General Assembly and its

officers and agencies, any State-related institution, political

subdivision or any local, regional or metropolitan

transportation authority.

"State-related institution."  The Pennsylvania State

University, the University of Pittsburgh, Lincoln University or

Temple University.

"United States."  The United States of America and all

territory, continental or insular, subject to the jurisdiction

of the United States.

Section 4.  Police powers.

This act shall be deemed to be an exercise of the police

powers of the Commonwealth for the protection of the health,

safety and general welfare of the people of this Commonwealth.

Section 5.  Contract provisions.

(a)  Flags to be manufactured in United States.--All

government agencies shall procure only flags that are

manufactured in the United States. A flag is manufactured in the

United States if a substantial majority of the principal

components are assembled into the final product in the United

States. Contract documents for the procurement of flags shall

contain a provision that the flags procured by the government

agency shall be manufactured in the United States.

(b)  Exception.--This section shall not apply where the head

of the government agency states in writing that it is

inconsistent with the public interest or that the cost is

unreasonable.

Section 6.  Payment under contract and recovery of payments.

A government agency shall not authorize, provide for or make

a payment to a person under a contract containing the provisions

required by section 5 unless the government agency is satisfied

that the person has complied with the provisions. If a

government agency determines that a person that supplied flags

to the agency violated section 5, the agency may recover from

the person any payment made by the government agency for the

flags.

Section 7.  Penalty.

A person who willfully violates the provisions of this act

may be prohibited by the government agency from participation in

contracts awarded by the government agency for a period of five

years from the date of the determination that a violation has

occurred. This penalty may be in addition to the withholding or

recovery of payments under section 6.

Section 8.  Applicability.

This act shall apply to the procurement of flags or contracts

for the procurement of flags entered into on or after the

effective date of this act.

Section 40.  Repeals.

All acts and parts of acts are repealed insofar as they are

inconsistent with this act.

Section 41.  Effective date.

This act shall take effect in 60 days.