[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3121 Referred in Senate (RFS)]

<DOC>
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 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 November 29, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.