All-American Flag Act

II 116TH CONGRESS 1ST SESSION S. 1963 To require the purchase of domestically made flags of the United States of America for use by the Federal Government. IN THE SENATE OF THE UNITED STATES JUNE 25, 2019 Mr. BROWN (for himself and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Homeland Secu- rity and Governmental Affairs A BILL 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘All-American Flag 4 Act’’. 5 SEC. 2. REQUIREMENT FOR AGENCIES TO BUY DOMESTI- 6 CALLY MADE UNITED STATES FLAGS. 7 (a) REQUIREMENT FOR AGENCIES TO BUY DOMES- 8 TICALLY MADE UNITED STATES FLAGS.— 9 VerDate Sep 11 2014 02:26 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1963.IS S1963 lotter on DSKBCFDHB2PROD with BILLS 2 •S 1963 IS (1) IN GENERAL.—Chapter 63 of title 41, 1 United States Code, is amended by adding at the 2 end the following new section: 3 ‘‘§ 6310. Requirement for agencies to buy domesti- 4 cally made United States flags 5 ‘‘(a) REQUIREMENT.—Except as provided in sub- 6 sections (b) through (d), funds appropriated or otherwise 7 available to an agency may not be used for the procure- 8 ment of any flag of the United States, unless such flag 9 has been 100 percent manufactured in the United States 10 from articles, materials, or supplies that have been grown 11 or 100 percent produced or manufactured in the United 12 States. 13 ‘‘(b) AVAILABILITY EXCEPTION.—Subsection (a) 14 does not apply to the extent that the head of the agency 15 concerned determines that satisfactory quality and suffi- 16 cient quantity of a flag described in such subsection can- 17 not be procured as and when needed at United States 18 market prices. 19 ‘‘(c) EXCEPTION FOR CERTAIN PROCUREMENTS.— 20 Subsection (a) does not apply to the following: 21 ‘‘(1) Procurements by vessels in foreign waters. 22 ‘‘(2) Procurements for resale purposes in any 23 military commissary, military exchange, or non- 24 VerDate Sep 11 2014 02:59 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1963.IS S1963 lotter on DSKBCFDHB2PROD with BILLS 3 •S 1963 IS appropriated fund instrumentality operated by an 1 agency. 2 ‘‘(3) Procurements for amounts less than the 3 simplified acquisition threshold. 4 ‘‘(d) PRESIDENTIAL WAIVER.— 5 ‘‘(1) IN GENERAL.—The President may waive 6 the requirement in subsection (a) if the President 7 determines a waiver is necessary to comply with any 8 trade agreement to which the United States is a 9 party. 10 ‘‘(2) NOTICE OF WAIVER.—Not later than 30 11 days after granting a waiver under paragraph (1), 12 the President shall publish a notice of the waiver in 13 the Federal Register. 14 ‘‘(e) DEFINITIONS.—In this section: 15 ‘‘(1) AGENCY.—The term ‘agency’ has the 16 meaning given the term ‘executive agency’ in section 17 102 of title 40. 18 ‘‘(2) SIMPLIFIED ACQUISITION THRESHOLD.— 19 The term ‘simplified acquisition threshold’ has the 20 meaning given that term in section 134.’’. 21 (2) CLERICAL AMENDMENT.—The table of sec- 22 tions at the beginning of such chapter is amended 23 by adding at the end the following new item: 24 ‘‘6310. Requirement for agencies to buy domestically made United States flags.’’. VerDate Sep 11 2014 02:59 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S1963.IS S1963 lotter on DSKBCFDHB2PROD with BILLS 4 •S 1963 IS (b) APPLICABILITY.—Section 6310 of title 41, United 1 States Code, as added by subsection (a)(1), shall apply 2 with respect to any contract entered into on or after the 3 date that is 180 days after the date of the enactment of 4 this Act. 5 Æ VerDate Sep 11 2014 02:59 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1963.IS S1963 lotter on DSKBCFDHB2PROD with BILLS