II Calendar No. 197 118th CONGRESS 1st Session S. 1973 [Report No. 118–94] IN THE SENATE OF THE UNITED STATES June 14, 2023 Mr. Brown (for himself, Ms. Collins , Mr. Manchin , Mr. Peters , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs September 5, 2023 Reported by Mr. Peters , with an amendment Omit the part struck through and insert the part printed in italic A BILL To require the purchase of domestically made flags of the United States of America for use by the Federal Government.

1. Short title This Act may be cited as the All-American Flag Act . 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, 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) Maintenance of records (1) In general Each manufacturer of a flag of the United States shall maintain records related to such flags marketed by the manufacturer for a period of 5 years demonstrating that articles, materials and supplies used for the flags have been grown or 100 percent produced or manufactured in the United States. (2) Availability The records described in paragraph (1) shall be made available to an agency upon request, at reasonable times and within reasonable limits and in a reasonable manner, including allowing electronic access to such records. (f) (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.

September 5, 2023 Reported with an amendment