89–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–1044 

ALL-AMERICAN FLAG ACT 

NOVEMBER 27, 2018.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. GOWDY, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 3121] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 3121) to require the purchase of domestically made flags of the United States of America for use by the 

Federal Government, having considered the same, report favorably 

thereon with an amendment and recommend that the bill as 

amended do pass. 

CONTENTS 

Page 

Summary and Purpose of Legislation .................................................................... 2 

Background and Need for Legislation .................................................................... 2 

Statement of Oversight Findings and Recommendations of the Committee ...... 3 

Statement of General Performance Goals and Objectives .................................... 3 

Legislative History .................................................................................................. 3 

Committee Consideration ........................................................................................ 4 

Roll Call Votes ......................................................................................................... 4 

Explanation of Amendments ................................................................................... 6 

Application of Law to the Legislative Branch ....................................................... 6 

Duplication of Federal Programs ............................................................................ 6 

Disclosure of Directed Rule Makings ..................................................................... 6 

Federal Advisory Committee Act ............................................................................ 6 

Unfunded Mandates Statement .............................................................................. 7 

Earmark Identification ............................................................................................ 7 

Committee Estimate ................................................................................................ 7 

New Budget Authority and Congressional Budget Office Cost Estimate ........... 7 

Section-by-Section Analysis .................................................................................... 8 

Changes in Existing Law Made by the Bill, as Reported ..................................... 8 

2 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘All-American Flag Act’’. 

SEC. 2. REQUIREMENT FOR AGENCIES TO BUY DOMESTICALLY MADE UNITED STATES FLAGS. 

(a) REQUIREMENT FOR AGENCIES TO BUY DOMESTICALLY MADE UNITED STATES

FLAGS.— 

(1) IN GENERAL.—Chapter 63 of title 41, United States Code, is amended by 

adding at the end the following new section: 

‘‘§ 6310. Requirement for agencies to buy domestically made United States 

flags 

‘‘(a) REQUIREMENT.—Except as provided in subsections (b) through (d), funds appropriated or otherwise available to an agency may not be used for the procurement 

of any flag of the United States, unless such flag has been 100 percent manufactured in the United States from articles, materials, or supplies that have been 

grown or 100 percent produced or manufactured in the United States. 

‘‘(b) AVAILABILITY EXCEPTION.—Subsection (a) does not apply to the extent that 

the head of the agency concerned determines that satisfactory quality and sufficient 

quantity of a flag described in such subsection cannot be procured as and when 

needed at United States market prices. 

‘‘(c) EXCEPTION FOR CERTAIN PROCUREMENTS.—Subsection (a) does not apply to 

the following: 

‘‘(1) Procurements by vessels in foreign waters. 

‘‘(2) Procurements for resale purposes in any military commissary, military 

exchange, gift shop, or nonappropriated fund instrumentality operated by an 

agency. 

‘‘(3) Procurements for amounts less than the simplified acquisition threshold. 

‘‘(d) PRESIDENTIAL WAIVER.— 

‘‘(1) IN GENERAL.—The President may waive the requirement in subsection (a) 

if the President determines a waiver is necessary to comply with any trade 

agreement to which the United States is a party. 

‘‘(2) NOTICE OF WAIVER.—Not later than 30 days after granting a waiver 

under paragraph (1), the President shall publish a notice of the waiver in the 

Federal Register. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) AGENCY.—The term ‘agency’ has the meaning given the term ‘executive 

agency’ in section 102 of title 40. 

‘‘(2) SIMPLIFIED ACQUISITION THRESHOLD.—The term ‘simplified acquisition 

threshold’ has the meaning given that term in section 134.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such 

chapter is amended by adding at the end the following new item: 

‘‘6310. Requirement for agencies to buy domestically made United States flags.’’. 

(b) APPLICABILITY.—Section 6310 of title 41, United States Code, as added by subsection (a)(1), shall apply with respect to any contract entered into on or after the 

date that is 180 days after the date of the enactment of this Act. 

SUMMARY AND PURPOSE OF LEGISLATION

H.R. 3121, the All-American Flag Act, requires all executive 

agencies to buy American flags made entirely in the United States 

from materials grown, produced, or manufactured entirely in the 

United States. The bill contains a number of exceptions to this general requirement and a waiver provision if needed to comply with 

U.S. trade agreements. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 3121 is a product of thorough examination of the Buy American Act. Currently, flag purchases by civilian executive agencies 

are generally subject to the Buy American Act and the regulations 

implementing that Act, which generally provide the cost of components mined, produced, or manufactured in the United States must 

3 

1 41 U.S.C. §§ 8301–8305; 48 C.F.R. 25.101. 

2 10 U.S.C. § 2533a. 

3See, 48 C.F.R. 252.226(1)(b) (implementing appropriations riders requiring that U.S. flags be 

treated as covered items under the Berry Amendment). See, e.g., Consolidated Appropriations 

Act, 2016, Pub. L. No. 114–113, div. C, title VIII, § 8110, 129 Stat. 2377 (Dec. 18, 2015). 

exceed 50 percent of the cost of all components.1 However, purchases by the Department of Defense of certain products, including 

fabrics, are subject to additional restrictions contained in law, commonly known as the Berry Amendment.2 Items covered by the 

Berry Amendment must be made from materials that are 100 percent domestic in origin. The Department of Defense considers flags 

to be covered by the Berry Amendment.3

The All-American Flag Act provides a general, uniform rule requiring all executive agencies to acquire U.S. flags that are 100 

percent American made. Specifically, the bill requires that U.S. 

flags acquired by executive agencies be manufactured in the United 

States from materials that are 100 percent grown, produced, or 

manufactured in the United States. 

The bill allows for an exception to the 100 percent rule in cases 

where flags of satisfactory quality and complying with the requirements of the bill cannot be procured in sufficient quantities at U.S. 

market prices. Finally, the bill provides authority for the President 

to waive the 100 percent requirement if needed to comply with any 

trade agreement to which the United States is a party. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

previous section. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goal or objective of this bill is to require the purchase of domestically made 

flags of the United States of America for use by the Federal Government. 

LEGISLATIVE HISTORY

On June 29, 2017, Representative Cheri Bustos (D–IL) introduced H.R. 3121, the All-American Flag Act, with 34 co-sponsors. 

H.R. 3121 was referred to the Committee on Oversight and Government Reform. The Committee considered H.R. 3121 at a business 

meeting on November 2, 2017, and ordered the bill favorably reported to the House, as amended, by voice vote. 

In the 114th Congress, Representative Bustos introduced H.R. 

916, a similar bill to H.R. 3121, on February 12, 2015, with 88 cosponsors. H.R. 916 was referred to the Committee on Oversight 

and Government Reform. 

In the 113th Congress, Senator Sherrod Brown (D–OH) introduced S. 1214, a similar bill to H.R. 3121, on June 24, 2013, with 

Senator John D. Rockefeller, IV (D–WV). S. 1214 was referred to 

the Senate Committee on Homeland Security and Governmental 

4 

Affairs. The Committee considered S. 1214 at a business meeting 

on June 25, 2014, and ordered the bill reported favorably by voice 

vote. On September 16, 2014, the Senate passed the bill by unanimous consent. 

COMMITTEE CONSIDERATION

On November 2, 2017, the Committee met in open session and, 

with a quorum being present, ordered the bill favorably reported to 

the House, as amended, by voice vote. 

ROLL CALL VOTES

There was one roll call vote during consideration of H.R. 3121: 

5 


Insert offset folio 7 here HR1044.001

Vote on: H.R. 3121- Russell ANS 

Date· 11-2-17 

Republicans 

MR. GOWDY (SC) 

(OJairman) 

MR. DUNCAN (TN) 

MR. ISSA (CA) 

MR. JORDAN (OH) 

MR. SANFORD (SC) 

MR. AMASH (MO 

MR.GOSAR(AZ) 

MR. DesJARLAIS (TN) 

MR. FARENTHOLD CTXl 

MS. FOXX (NC) 

MR. MASSIE (KY) 

MR. MEADOWS (NC) 

MR. DeSANTIS (FL) 

MR. ROSS (FL) 

MR. WALKER (NC) 

MR. BLUM (lA) 

MR. HICE (GA) 

MR. RUSSELL (OK) 

MR. GROTHMAN (WO 

MR. HURD (TX) 

MR. PALMER(AL) 

MR. COMER (KY\ 

MR. MITCHELL .(Ml) 

MR. GIANFORTE (MT) 

Roll Call Totals: Ayes: 35 

COMMITIEE ON OVERSIGHT AND GoVERNMENT REFORM 

115TH CONGRESS 

RATI024-18 

ROLLCALL 

Aye No Present Democrats 

MR. CUMMINGS (MD) (RankJng) 

X MRS. MALONEY (NY) 

MS. NORTON (DC) 

X MR. CLAY (MO) 

X MR. LYNCH (MA) 

X MR. COOPER (TN) 

X MR. CONNOLLY (VA) 

MS. KELLY OL) 

X MS. LAWRENCE CMO 

X MS. WATSON-COLEMAN (ND 

MS. PLASKETT (VI) 

X MS. DEMINGS (FL) 

X MR. KRISHNAMOORTHI OL) 

X MR. RASKIN (MD) 

X MR. WELCH (VI) 

X MR. CARTWRIGHT (PA) 

X MR. DeSAULNIER (CA) 

X MR. GOMEZ (CA) 

X 

X 

X 

X 

X 

Nays: 1 Present: 

Passed.._)L_ Failed: __ 

Aye No Present 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 
6 

EXPLANATION OF AMENDMENTS

On November 2, 2017, the Committee met in open session with 

a quorum being present. During Committee consideration of the 

bill, Representative Steve Russell (R–OK), offered an amendment 

in the nature of a substitute to align the bill with current law as 

applicable to the Department of Defense. The amendment substituted new exception provisions, consistent with those in the 

Berry Amendment. Specifically, it provided for an exception to the 

requirement to purchase 100 percent domestically made flags to 

the extent that the head of an agency determines that a satisfactory quality and sufficient quantity of flags meeting the requirement cannot be procured as and when needed at U.S. market 

prices. The amendment further provided that the 100 percent requirement does not apply to procurements by vessels in foreign 

water, procurements for resale, and procurements for amounts less 

than the simplified acquisition threshold. The amendment makes 

permanent the practice of applying the Berry Amendment requirement and exceptions to the purchase of U.S. flags by the Department of Defense, and extends a similar requirement and similar 

exceptions to all civilian executive agencies. The Russell amendment was adopted by a roll call vote of 35 to 1. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill to require the purchase 

of domestically made flags of the United States of America for use 

by the Federal Government relates only to procurement of flags of 

the United States. As such, this bill does not relate to employment 

or access to public services and accommodations. 

DUPLICATION OF FEDERAL PROGRAMS

In accordance with clause 2(c)(5) of rule XIII no provision of this 

bill establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public 

Law 111–139, or a program related to a program identified in the 

most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

This bill does not direct the completion of any specific rule makings within the meaning of section 551 of title 5, United States 

Code. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of Section 5(b) of the appendix to title 5, United States 

Code. 

7 

UNFUNDED MANDATES STATEMENT

Pursuant to section 423 of the Congressional Budget Act of 1974 

the Committee has included a letter received from the Congressional Budget Office below. 

EARMARK IDENTIFICATION

This bill does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI of the House of Representatives. 

COMMITTEE ESTIMATE

Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of the 

House of Representatives, the Committee includes below a cost estimate of the bill prepared by the Director of the Congressional 

Budget Office under section 402 of the Congressional Budget Act 

of 1974. 

NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE

COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the House of Representatives, the cost estimate prepared by the Congressional Budget Office and submitted pursuant to section 402 of the Congressional 

Budget Act of 1974 is as follows: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, December 6, 2017. 

Hon. TREY GOWDY, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3121, the All-American 

Flag Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 3121—All-American Flag Act 

H.R. 3121 would amend federal law to require that all U.S. flags 

acquired by the federal government be manufactured in the United 

States from materials grown, produced, or manufactured in the 

United States. H.R. 3121 also would provide exceptions to the requirement. 

Using information from the General Services Administration and 

flag vendors, CBO expects that enacting H.R. 3121 would not lead 

to a significant change in the costs of flags acquired by the government because some current vendors already meet the requirements 

of the bill and because the legislation includes general exemptions 

from the requirement. 

8 

Enacting H.R. 3121 could affect direct spending by agencies that 

are not funded through annual appropriations; therefore, pay-asyou-go procedures apply. CBO estimates, however, that any net increase in spending by those agencies would be negligible. Enacting 

the bill would not affect revenues. 

CBO estimates that enacting H.R. 3121 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 3121 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Matthew Pickford. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

The short title is the ‘‘All-American Flag Act.’’ 

Sec. 2. Requirement for agencies to buy domestically made united 

states flags 

Section 2 requires agencies to buy only domestically-made United 

States flags and adds a new section 6310 at the end of Chapter 63 

of title 41, United States Code. The requirements of this bill only 

apply to contracts entered into on or after 180 days after the date 

of enactment. 

The new section 6310 prohibits agencies from using funds appropriated or otherwise available for the procurement of any flag of 

the United States, unless the flag has been 100 percent manufactured in the United States from articles, materials, or supplies that 

have been grown, or 100 percent produced and/or manufactured, in 

the United States. This requirement does not apply in cases when 

the head of the agency determines that U.S. flags of satisfactory 

quality and sufficient quantity that satisfy the requirement described in subsection (a) cannot be procured as and when needed 

at U.S. market prices. This section also establishes exceptions for 

procurements by vessels in foreign waters, for procurements for resale purposes, and for procurements for amounts less than the simplified acquisition threshold. 

The section further establishes authority for a Presidential waiver. The President may waive the requirement if the President determines that a waiver is necessary to comply with any trade 

agreement to which the United States is a party. The President is 

required to publish notice of the waiver in the Federal Register not 

later than 30 days after granting it. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

9 

TITLE 41, UNITED STATES CODE 

* * * * * * * 

SUBTITLE II—OTHER ADVERTISING AND 

CONTRACT PROVISIONS 

* * * * * * * 

CHAPTER 63—GENERAL CONTRACT PROVISIONS 

Sec 

6301. Authorization requirement. 

* * * * * * * 

6310. Requirement for agencies to buy domestically made United States flags. 

* * * * * * * 

§ 6310. Requirement for agencies to buy domestically made 

United States flags 

(a) REQUIREMENT.—Except as provided in subsections (b) through 

(d), funds appropriated or otherwise available to an agency may not 

be used for the procurement of any flag of the United States, unless 

such flag has been 100 percent manufactured in the United States 

from articles, materials, or supplies that have been grown or 100 

percent produced or manufactured in the United States. 

(b) AVAILABILITY EXCEPTION.—Subsection (a) does not apply to 

the extent that the head of the agency concerned determines that satisfactory quality and sufficient quantity of a flag described in such 

subsection cannot be procured as and when needed at United States 

market prices. 

(c) EXCEPTION FOR CERTAIN PROCUREMENTS.—Subsection (a) does 

not apply to the following: 

(1) Procurements by vessels in foreign waters. 

(2) Procurements for resale purposes in any military commissary, military exchange, gift shop, or nonappropriated fund 

instrumentality operated by an agency. 

(3) Procurements for amounts less than the simplified acquisition threshold. 

(d) PRESIDENTIAL WAIVER.— 

(1) IN GENERAL.—The President may waive the requirement 

in subsection (a) if the President determines a waiver is necessary to comply with any trade agreement to which the United 

States is a party. 

(2) NOTICE OF WAIVER.—Not later than 30 days after granting 

a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register. 

(e) DEFINITIONS.—In this section: 

(1) AGENCY.—The term ‘‘agency’’ has the meaning given the 

term ‘‘executive agency’’ in section 102 of title 40. 

10 

(2) SIMPLIFIED ACQUISITION THRESHOLD.—The term ‘‘simplified acquisition threshold’’ has the meaning given that term 

in section 134. 

* * * * * * * 

Æ