HB 897 — An Act amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, in general provisions relating to Commonwealth Procurement Code, further providing for definitions and providing for prioritization of American-made supplies.

PRINTER'S NO.   939

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 897
                                                Session of
                                                  2025

     INTRODUCED BY DAVANZO, BERNSTINE, DAVIDSON, DIAMOND, HAMM,
        JAMES, KAUFFMAN, KRUPA, KUZMA, M. MACKENZIE, NEILSON, ROWE,
        STAATS, WARNER, WATRO AND ZIMMERMAN, MARCH 13, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 13, 2025


                                     AN ACT
 1   Amending Title 62 (Procurement) of the Pennsylvania Consolidated
 2      Statutes, in general provisions relating to Commonwealth
 3      Procurement Code, further providing for definitions and
 4      providing for prioritization of American-made supplies.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Section 103 of Title 62 of the Pennsylvania
 8   Consolidated Statutes is amended by adding a definition to read:
 9   § 103.   Definitions.
10      Subject to additional definitions contained in subsequent
11   provisions of this part which are applicable to specific
12   provisions of this part, the following words and phrases when
13   used in this part shall have the meanings given to them in this
14   section unless the context clearly indicates otherwise:
15      "American-made."     Produced, manufactured, mined, grown or
16   performed in the United States. For the purpose of this
17   definition, produced or manufactured shall mean assembled in a
18   location within the United States.
 1      * * *
 2      Section 2.   Title 62 is amended by adding a section to read:
 3   § 109.   Prioritization of American-made supplies.
 4      (a)   Prioritization.--The department shall prioritize the
 5   procurement of American-made supplies and incorporate the
 6   prioritization into the department's procurement policies,
 7   procedures and specifications.
 8      (b)   Determinations.--If the Secretary of General Services
 9   determines that a particular supply is not American-made, or is
10   American-made but not available in sufficient quantities to meet
11   the needs of a Commonwealth agency for which the department acts
12   as purchasing agency, the Secretary of General Services shall
13   transmit notice of the determination to the Legislative
14   Reference Bureau for publication in the next available issue of
15   the Pennsylvania Bulletin.
16      (c)   Objections.--Beginning on the date of publication of the
17   notice under subsection (b) and until 30 days thereafter, a
18   person or business may file an objection to the determination in
19   a form and manner determined by the department. A person or
20   business shall include evidence of the particular supply being
21   American-made or evidence of the particular supply being
22   American-made and available in sufficient quantities. An
23   objection under this subsection shall be considered an appeal
24   under 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of
25   Commonwealth agency action).
26      (d)   Applicability.--If, after the adjudication of the
27   objection under subsection (c), the determination under
28   subsection (b) is affirmed, the prioritization requirements
29   under subsection (a) shall not apply for the particular supply.
30      Section 3.   This act shall take effect in 60 days.

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