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.

143762. Legislative findings and declaration.

13763. Definitions.

<-23764. Police powers.

33765 <-3764. Contract provisions.

<-43766 <-3765. Payment under contract and recovery of payments.

<-53767 <-3766. Penalty.

6§ 3761. Short title.

7This subchapter shall be known and may be cited as the Flag
8Procurement <-and American-made Product Preference Act.

9§ 3762. Legislative findings and declaration.

10(a) Findings.--It is hereby determined by the General
11Assembly that:

12(1) The production of flags <-provides <-and other American-
13made products provide jobs and family incomes for residents
14of this Commonwealth.

15(2) It has, for many years, been the policy of the
16Commonwealth to aid and support the development and expansion
17of industry in this Commonwealth in order to foster the
18economic well-being of the Commonwealth and its people.

19(3) The economy and general welfare of the Commonwealth
20and its people, as well as the economy and general welfare of
21the United States, are related to the preservation and
22development of <-the flag industry in this Commonwealth and in
23the other states of the United States.

24(b) Declaration.--The General Assembly declares it to be the
25policy of the Commonwealth and all government agencies should,
26at all times, aid and promote the development of the flag
27industry of the United States in order to stimulate and improve
28the economic well-being of the Commonwealth and its people <-and 
29give preference to American-made products when they are 
30similarly priced and of similar value and similar usefulness.

1§ 3763. Definitions.

2The following words and phrases when used in this subchapter
3shall have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Flag." Any of the following:

6(1) The flag of the United States, as defined in 4 
7U.S.C. § 1 (relating to flag; stripes and stars on) and the
8executive orders entered in connection with that section,
9made of fabric, cloth or paper displayed from a staff or
10flagpole or in a window. The term does not include a
11depiction or emblem of the United States flag made of lights,
12paint, roofing, siding, paving materials, flora or balloons
13or any other similar building, landscaping or decorative
14component.

15(2) The flag of the Commonwealth, as described in
16section 1 of the act of June 13, 1907 (P.L.560, No.373),
17entitled "An act designating the official flag of the
18Commonwealth of Pennsylvania, and describing the same;
19providing for the carrying of such flag by the regiments of
20the National Guard of Pennsylvania; authorizing the Secretary
21of the Commonwealth to provide, and have deposited in the
22office of Secretary of the Commonwealth, a model of said
23flag, and making an appropriation therefor."

24"United States." The United States of America and all
25territory, continental or insular, subject to the jurisdiction
26of the United States.

<-27§ 3764. Police powers.

28This subchapter is an exercise of the police powers of the
29Commonwealth for the protection of the health, safety and
30general welfare of the people of this Commonwealth.

1§ <-3765 <-3764. Contract provisions.

<-2(a) Flags.--All Commonwealth agencies and the General
3Assembly, its officers and agencies shall procure only flags
4that are manufactured in the United States. A flag is
5manufactured in the United States if the fabric, cloth or paper
6is woven, dyed, printed or otherwise embedded into the final
7product in the United States. Contract documents for the
8procurement of flags shall contain a provision that the flags
9procured by the Commonwealth agency shall be manufactured in the
10United States.

<-11(b) Other products.--All Commonwealth agencies and the 
12General Assembly, its officers and agencies shall give 
13preference to American-made products when they are similarly 
14priced and of similar value and similar usefulness.

15§ <-3766 <-3765. Payment under contract and recovery of payments.

16A Commonwealth agency or the General Assembly, its officers
17and agencies, may not authorize, provide for or make a payment
18to a person under a contract containing the provisions required
19by section <-3765 <-3764 (relating to contract provisions) unless
20the Commonwealth agency or the General Assembly, its officers
21and agencies is satisfied that the person has complied with the
22provisions. If a Commonwealth agency or the General Assembly,
23its officers and agencies determines that a person who supplied
24flags to the agency violated section <-3765 <-3764, the agency may
25recover from the person a payment made by the Commonwealth
26agency or the General Assembly, its officers and agencies for
27the flags.

28§ <-3767 <-3766. Penalty.

29A person who willfully violates the provisions of this
30subchapter may be prohibited by the Commonwealth agency or the

1General Assembly, its officers and agencies from participation
2in contracts awarded by the Commonwealth agency or the General
3Assembly, its officers and agencies for a period of five years
4from the date of the determination that a violation has
5occurred. This penalty may be in addition to the withholding or
6recovery of payments under section <-3766 <-3765 (relating to
7payment under contract and recovery of payments).

8Section 2. This act shall apply to the procurement of flags
9or contracts for the procurement of flags <-or other products 
10under 62 Pa.C.S. § 3765 entered into on or after the effective
11date of this act.

12Section 3. All acts and parts of acts are repealed insofar
13as they are inconsistent with this act.

14Section 4. This act shall take effect in 60 days.