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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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HR 113 RFS

1 SECTION 1. SHORT TITLE. 

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

3 Act’’. 

4 SEC. 2. REQUIREMENT FOR AGENCIES TO BUY DOMESTI5 CALLY MADE UNITED STATES FLAGS. 

6 (a) REQUIREMENT FOR AGENCIES TO BUY DOMES7 TICALLY MADE UNITED STATES FLAGS.— 

8 (1) IN GENERAL.—Chapter 63 of title 41, 

9 United States Code, is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 6310. Requirement for agencies to buy domesti12 cally made United States flags 

13 ‘‘(a) REQUIREMENT.—Except as provided in sub14 sections (b) through (d), funds appropriated or otherwise 

15 available to an agency may not be used for the procure16 ment of any flag of the United States, unless such flag 

17 has been 100 percent manufactured in the United States 

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

19 or 100 percent produced or manufactured in the United 

20 States. 

21 ‘‘(b) AVAILABILITY EXCEPTION.—Subsection (a) 

22 does not apply to the extent that the head of the agency 

23 concerned determines that satisfactory quality and suffi24 cient quantity of a flag described in such subsection can25 not be procured as and when needed at United States 

26 market prices. 


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HR 113 RFS

1 ‘‘(c) EXCEPTION FOR CERTAIN PROCUREMENTS.— 

2 Subsection (a) does not apply to the following: 

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

4 ‘‘(2) Procurements for resale purposes in any 

5 military commissary, military exchange, or non6 appropriated fund instrumentality operated by an 

7 agency. 

8 ‘‘(3) Procurements for amounts less than the 

9 simplified acquisition threshold. 

10 ‘‘(d) PRESIDENTIAL WAIVER.— 

11 ‘‘(1) IN GENERAL.—The President may waive 

12 the requirement in subsection (a) if the President 

13 determines a waiver is necessary to comply with any 

14 trade agreement to which the United States is a 

15 party. 

16 ‘‘(2) NOTICE OF WAIVER.—Not later than 30 

17 days after granting a waiver under paragraph (1), 

18 the President shall publish a notice of the waiver in 

19 the Federal Register. 

20 ‘‘(e) DEFINITIONS.—In this section: 

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

22 meaning given the term ‘executive agency’ in section 

23 102 of title 40. 


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HR 113 RFS

1 ‘‘(2) SIMPLIFIED ACQUISITION THRESHOLD.— 

2 The term ‘simplified acquisition threshold’ has the 

3 meaning given that term in section 134.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by adding at the end the following new item: 

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

flags.’’. 

7 (b) APPLICABILITY.—Section 6310 of title 41, United 

8 States Code, as added by subsection (a)(1), shall apply 

9 with respect to any contract entered into on or after the 

10 date that is 180 days after the date of the enactment of 

11 this Act. 

Passed the House of Representatives January 15, 

2019. 

Attest: KAREN L. HAAS, 

Clerk. 


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