All-American Flag Act

#113 | HR Congress #116

Last Action: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (1/16/2019)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary


The All-American Flag Act is a federal law that requires all government agencies to purchase flags made in the United States. This includes flags that are 100% manufactured in the US using materials and supplies that are also grown or produced in the US. There are exceptions, such as when the head of an agency determines that domestically made flags are not available or for certain types of procurement. The President is also able to waive this requirement if necessary to comply with trade agreements. The Act also includes definitions of terms such as "agency" and "simplified acquisition threshold." This law went into effect in 2019 and applies to all contracts entered into 180 days after its enactment.

Possible Impacts



1. Increased cost for federal agencies: The All-American Flag Act requires federal agencies to purchase domestically made flags, which may be more expensive than flags from other countries. This could potentially limit the budget of these agencies and affect the services they are able to provide.

2. Impact on American flag manufacturers: This legislation could potentially benefit American flag manufacturers by creating a mandatory market for their products. It could also lead to increased competition in the industry, potentially affecting the profits and livelihoods of these manufacturers.

3. Reduced availability of American flags: If federal agencies are required to purchase domestically made flags, this could potentially lead to a decrease in the availability of American flags for consumers. This could impact individuals who wish to purchase American flags for personal use or for events such as Independence Day celebrations.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 113 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  1st Session
                                H. R. 113


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2019

     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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``All-American Flag Act''.

SEC. 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:
``Sec. 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 January 15, 2019.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.