IIB 
115TH CONGRESS 
2D SESSION 
H. R. 3121 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 3, 2018 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘All-American Flag 
Act’’. 
SEC. 2. REQUIREMENT FOR AGENCIES TO BUY DOMESTI-
CALLY MADE UNITED STATES FLAGS. 
(a) REQUIREMENT FOR AGENCIES TO BUY DOMESTI-
CALLY 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 domesti-
cally made United States flags 
‘‘(a) REQUIREMENT.—Except as provided in sub-
sections (b) through (d), funds appropriated or otherwise 
available to an agency may not be used for the procure-
ment 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 suffi-
cient quantity of a flag described in such subsection can-
not be procured as and when needed at United States 
market prices. 
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‘‘(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, or non-
appropriated 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. 
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‘‘(2) SIMPLIFIED ACQUISITION THRESHOLD.— 
The term ‘simplified acquisition threshold’ has the 
meaning given that term in section 134.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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. 
Passed the House of Representatives November 29, 
2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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