All-American Flag Act

IIB 116TH CONGRESS 1ST SESSION H. R. 113 IN THE SENATE OF THE UNITED STATES JANUARY 16, 2019 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT To require the purchase of domestically made flags of the United States of America for use by the Federal Government. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:36 Jan 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H113.RFS H113 dlhill on DSK3GLQ082PROD with BILLS 2 HR 113 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘All-American Flag 2 Act’’. 3 SEC. 2. REQUIREMENT FOR AGENCIES TO BUY DOMESTI- 4 CALLY MADE UNITED STATES FLAGS. 5 (a) REQUIREMENT FOR AGENCIES TO BUY DOMES- 6 TICALLY MADE UNITED STATES FLAGS.— 7 (1) IN GENERAL.—Chapter 63 of title 41, 8 United States Code, is amended by adding at the 9 end the following new section: 10 ‘‘§ 6310. Requirement for agencies to buy domesti- 11 cally made United States flags 12 ‘‘(a) REQUIREMENT.—Except as provided in sub- 13 sections (b) through (d), funds appropriated or otherwise 14 available to an agency may not be used for the procure- 15 ment of any flag of the United States, unless such flag 16 has been 100 percent manufactured in the United States 17 from articles, materials, or supplies that have been grown 18 or 100 percent produced or manufactured in the United 19 States. 20 ‘‘(b) AVAILABILITY EXCEPTION.—Subsection (a) 21 does not apply to the extent that the head of the agency 22 concerned determines that satisfactory quality and suffi- 23 cient quantity of a flag described in such subsection can- 24 not be procured as and when needed at United States 25 market prices. 26 VerDate Sep 11 2014 00:36 Jan 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H113.RFS H113 dlhill on DSK3GLQ082PROD with BILLS 3 HR 113 RFS ‘‘(c) EXCEPTION FOR CERTAIN PROCUREMENTS.— 1 Subsection (a) does not apply to the following: 2 ‘‘(1) Procurements by vessels in foreign waters. 3 ‘‘(2) Procurements for resale purposes in any 4 military commissary, military exchange, or non- 5 appropriated fund instrumentality operated by an 6 agency. 7 ‘‘(3) Procurements for amounts less than the 8 simplified acquisition threshold. 9 ‘‘(d) PRESIDENTIAL WAIVER.— 10 ‘‘(1) IN GENERAL.—The President may waive 11 the requirement in subsection (a) if the President 12 determines a waiver is necessary to comply with any 13 trade agreement to which the United States is a 14 party. 15 ‘‘(2) NOTICE OF WAIVER.—Not later than 30 16 days after granting a waiver under paragraph (1), 17 the President shall publish a notice of the waiver in 18 the Federal Register. 19 ‘‘(e) DEFINITIONS.—In this section: 20 ‘‘(1) AGENCY.—The term ‘agency’ has the 21 meaning given the term ‘executive agency’ in section 22 102 of title 40. 23 VerDate Sep 11 2014 00:36 Jan 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H113.RFS H113 dlhill on DSK3GLQ082PROD with BILLS 4 HR 113 RFS ‘‘(2) SIMPLIFIED ACQUISITION THRESHOLD.— 1 The term ‘simplified acquisition threshold’ has the 2 meaning given that term in section 134.’’. 3 (2) CLERICAL AMENDMENT.—The table of sec- 4 tions at the beginning of such chapter is amended 5 by adding at the end the following new item: 6 ‘‘6310. Requirement for agencies to buy domestically made United States flags.’’. (b) APPLICABILITY.—Section 6310 of title 41, United 7 States Code, as added by subsection (a)(1), shall apply 8 with respect to any contract entered into on or after the 9 date that is 180 days after the date of the enactment of 10 this Act. 11 Passed the House of Representatives January 15, 2019. Attest: KAREN L. HAAS, Clerk. VerDate Sep 11 2014 00:36 Jan 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H113.RFS H113 dlhill on DSK3GLQ082PROD with BILLS