II 

117TH CONGRESS 

2D SESSION S. 4399 

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 14, 2022 

Mr. BROWN (for himself, Ms. COLLINS, Mr. MANCHIN, and Mr. SCOTT of 

Florida) introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security 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. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Act’’. 

6 SEC. 2. REQUIREMENT FOR AGENCIES TO BUY DOMESTI7 CALLY MADE UNITED STATES FLAGS. 

8 (a) REQUIREMENT FOR AGENCIES TO BUY DOMES9 TICALLY MADE UNITED STATES FLAGS.— 


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•S 4399 IS

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

2 United States Code, is amended by adding at the 

3 end the following new section: 

4 ‘‘§ 6310. Requirement for agencies to buy domesti5 cally made United States flags 

6 ‘‘(a) REQUIREMENT.—Except as provided in sub7 sections (b) through (d), funds appropriated or otherwise 

8 available to an agency may not be used for the procure9 ment of any flag of the United States, unless such flag 

10 has been 100 percent manufactured in the United States 

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

12 or 100 percent produced or manufactured in the United 

13 States. 

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

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

16 concerned determines that satisfactory quality and suffi17 cient quantity of a flag described in such subsection can18 not be procured as and when needed at United States 

19 market prices. 

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

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

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

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

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•S 4399 IS

1 appropriated fund instrumentality operated by an 

2 agency. 

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

4 simplified acquisition threshold. 

5 ‘‘(d) PRESIDENTIAL WAIVER.— 

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

7 the requirement in subsection (a) if the President 

8 determines a waiver is necessary to comply with any 

9 trade agreement to which the United States is a 

10 party. 

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

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

13 the President shall publish a notice of the waiver in 

14 the Federal Register. 

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

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

17 meaning given the term ‘executive agency’ in section 

18 102 of title 40. 

19 ‘‘(2) SIMPLIFIED ACQUISITION THRESHOLD.— 

20 The term ‘simplified acquisition threshold’ has the 

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

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended 

24 by adding at the end the following new item: 

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

flags.’’. 


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•S 4399 IS

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

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

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

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

5 this Act. 

Æ 


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