All-American Flag Act

Bill: 115-hr-3121
Sponsor: full_name: Rep. Bustos, Cheri [D-IL-17]
Introduced: 2017-06-29
Policy area: Government Operations and Politics
Subjects: Buy American requirements

National symbols

Public contracts and procurement
Latest action: action_date: 2018-12-03
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2017-06-29
action_desc: Introduced in House
text: <p><strong>All-American Flag Act</strong> </p> <p>This bill requires U.S. flags acquired for use by the federal government to be manufactured entirely in the United States from articles, materials, or supplies grown, produced, or manufactured in the United States.</p> <p>Such requirement shall not apply if: (1) articles, materials, or supplies to be used are not grown, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and are not of a satisfactory quality; or (2) the President determines a waiver is necessary to comply with a trade agreement.</p>

action_date: 2018-11-29
action_desc: Passed House amended
text: <p><b>All-American Flag Act</b></p> <p>(Sec. 2) This bill prohibits agencies from using funds to procure a U.S. flag unless such flag has been 100% manufactured in the United States from materials that have been grown or 100% U.S. produced or manufactured.</p> <p>This prohibition does not apply if an agency determines that satisfactory quality and sufficient quantity of U.S. flags cannot be procured as needed at U.S. market prices.</p> <p>Nor shall such prohibition apply to procurements:</p> <ul> <li>by vessels in foreign waters; </li> <li>for resale purposes in any military commissary, military exchange, or non-appropriated fund instrumentality operated by an agency; or</li> <li>for amounts less than the simplified acquisition threshold.</li> </ul> <p>The President: (1) may waive the prohibition upon determining that a waiver is necessary to comply with a trade agreement, and (2) shall publish a notice in the Federal Register within 30 days of granting a waiver.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 3121 IN THE HOUSE OF REPRESENTATIVES June 29, 2017 Mrs. Bustos (for herself, Mr. McGovern , Mr. Pearce , Mr. Courtney , Mr. Messer , Ms. Blunt Rochester , Ms. Rosen , Ms. Sinema , Mr. Panetta , Mr. Peters , Mr. Evans , Ms. Meng , Mr. Cohen , Ms. Brownley of California , Ms. Frankel of Florida , Mrs. Watson Coleman , Mr. Bera , Mrs. Beatty , Mr. Kildee , Ms. Clark of Massachusetts , Mr. Bishop of Georgia , Ms. Norton , Ms. Kaptur , Ms. Kuster of New Hampshire , Mr. Soto , Mr. Crist , Mr. Butterfield , Ms. Hanabusa , Mr. Thompson of California , Mr. Walz , Mr. Foster , Mr. Sean Patrick Maloney of New York , Mr. Carson of Indiana , Mr. Moulton , and Mr. Kilmer ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 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 purchase of domestically made United States flags for use by Federal Government (a) In general Only such flags of the United States of America, regardless of size, that are 100 percent manufactured in the United States, from articles, materials, or supplies 100 percent of which are grown, produced, or manufactured in the United States, may be acquired for use by the Federal Government. (b) Availability exception Subsection (a) does not apply if articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not grown, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and are not of a satisfactory quality. (c) 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. 3. Applicability Section 2 shall apply with respect to any contract entered into on or after 180 days after the date of the enactment of this Act.

tv_txt: I 115th CONGRESS 2d Session H. R. 3121 IN THE HOUSE OF REPRESENTATIVES AN ACT 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) 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.

Passed the House of Representatives November 29, 2018. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 811 115th CONGRESS 2d Session H. R. 3121 [Report No. 115–1044] IN THE HOUSE OF REPRESENTATIVES June 29, 2017 Mrs. Bustos (for herself, Mr. McGovern , Mr. Pearce , Mr. Courtney , Mr. Messer , Ms. Blunt Rochester , Ms. Rosen , Ms. Sinema , Mr. Panetta , Mr. Peters , Mr. Evans , Ms. Meng , Mr. Cohen , Ms. Brownley of California , Ms. Frankel of Florida , Mrs. Watson Coleman , Mr. Bera , Mrs. Beatty , Mr. Kildee , Ms. Clark of Massachusetts , Mr. Bishop of Georgia , Ms. Norton , Ms. Kaptur , Ms. Kuster of New Hampshire , Mr. Soto , Mr. Crist , Mr. Butterfield , Ms. Hanabusa , Mr. Thompson of California , Mr. Walz , Mr. Foster , Mr. Sean Patrick Maloney of New York , Mr. Carson of Indiana , Mr. Moulton , and Mr. Kilmer ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform November 27, 2018 Additional sponsors: Mr. Russell and Mr. Rokita November 27, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on June 29, 2017 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, gift shop, 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) 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.

November 27, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: 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.

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) 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.

Passed the House of Representatives November 29, 2018. Karen L. Haas, Clerk