II 

Calendar No. 614 

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 

DECEMBER 8, 2022 

Reported by Mr. PETERS, without amendment 

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’’. 


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•S 4399 RS

1 SEC. 2. REQUIREMENT FOR AGENCIES TO BUY DOMESTI2 CALLY MADE UNITED STATES FLAGS. 

3 (a) REQUIREMENT FOR AGENCIES TO BUY DOMES4 TICALLY MADE UNITED STATES FLAGS.— 

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

6 United States Code, is amended by adding at the 

7 end the following new section: 

8 ‘‘§ 6310. Requirement for agencies to buy domesti9 cally made United States flags 

10 ‘‘(a) REQUIREMENT.—Except as provided in sub11 sections (b) through (d), funds appropriated or otherwise 

12 available to an agency may not be used for the procure13 ment of any flag of the United States, unless such flag 

14 has been 100 percent manufactured in the United States 

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

16 or 100 percent produced or manufactured in the United 

17 States. 

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

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

20 concerned determines that satisfactory quality and suffi21 cient quantity of a flag described in such subsection can22 not be procured as and when needed at United States 

23 market prices. 

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

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

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


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•S 4399 RS

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

2 military commissary, military exchange, or non3 appropriated fund instrumentality operated by an 

4 agency. 

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

6 simplified acquisition threshold. 

7 ‘‘(d) PRESIDENTIAL WAIVER.— 

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

9 the requirement in subsection (a) if the President 

10 determines a waiver is necessary to comply with any 

11 trade agreement to which the United States is a 

12 party. 

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

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

15 the President shall publish a notice of the waiver in 

16 the Federal Register. 

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

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

19 meaning given the term ‘executive agency’ in section 

20 102 of title 40. 

21 ‘‘(2) SIMPLIFIED ACQUISITION THRESHOLD.— 

22 The term ‘simplified acquisition threshold’ has the 

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


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•S 4399 RS

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

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

flags.’’. 

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

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

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

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

8 this Act. 


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Calendar No. 614 

117TH CONGRESS 

2D SESSION S. 4399 

A BILL 

To require the purchase of domestically made flags 

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

DECEMBER 8, 2022 

Reported without amendment 


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