[Congressional Record Volume 164, Number 188 (Thursday, November 29, 2018)]
[House]
[Pages H9716-H9717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ALL-AMERICAN FLAG ACT
Mr. COMER. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3121) to require the purchase of domestically made flags of the
United States of America for use by the Federal Government, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3121
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.
[[Page H9717]]
``(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Comer) and the gentlewoman from New York (Mrs. Carolyn B.
Maloney) each will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. COMER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. COMER. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 3121, introduced by Congresswoman
Bustos of Illinois. H.R. 3121 is a bipartisan bill to ensure government
agencies only buy United States flags made from 100 percent American-
made material.
Most Americans may think American flags purchased with taxpayer money
for the government are made here at home by Americans using only U.S.
materials. Surprisingly, this is not a uniform requirement in current
Federal acquisition laws and regulations. When it comes to the content
of American flags purchased by executive agencies, the requirements
under the current law are inconsistent.
The Department of Defense and the military departments generally are
required to buy American flags made entirely of U.S. materials, but
civilian agencies are currently permitted to buy flags that are
manufactured in the U.S. consisting of only 51 percent American-made
materials, or sometimes even less than that.
This bill brings all executive agencies under a single rule when it
comes to the content of American flags bought by agencies across the
government.
Rather than impose new rules and exceptions for DOD and civilian
agency flag purchases, the All-American Flag Act recognizes and
essentially adopts current DOD requirements and exceptions.
{time} 1730
H.R. 3121 contains limited exceptions that recognize practical
realities, such as domestic nonavailability, in keeping with current
law governing DOD purchases in textiles, including U.S. flags.
Mr. Speaker, I thank Representative Bustos and the many cosponsors
who are leading this effort to honor America's greatest symbol of
freedom, and I urge my colleagues to support the bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself as
much time as I may consume.
Mr. Speaker, the All-American Flag Act is a commonsense bill that all
Members should support. It would simply require all Federal agencies to
purchase American flags that are manufactured in the United States,
using materials grown or produced in the United States.
Under current law, this requirement applies only to the Departments
of Defense and Veterans Affairs. It should be extended to all Federal
agencies.
As under current law, the bill would provide certain limited
exceptions and allow agencies to purchase American flags made elsewhere
if they are not available in sufficient quantity or quality from
American manufacturers.
Mr. Speaker, I intend to reserve my time eventually, but first, I
yield 3 minutes to the gentlewoman from Illinois (Mrs. Bustos), my
distinguished colleague.
Mrs. BUSTOS. Mr. Speaker, I thank the gentlewoman from New York for
yielding me time. I appreciate it.
Mr. Speaker, I rise today in support of my bipartisan bill, the All-
American Flag Act. This commonsense legislation will require all
American flags purchased by the Federal Government to be made entirely
in the United States from materials grown or manufactured in the United
States.
The idea for this bill came to me when I was sitting down and talking
with a Vietnam vet. We were at a VFW hall, and he pointed to the
corner, saw an American flag there, and said: Do you know that the
American flag can be made in China?
I was very surprised that that could even happen. I will never forget
when he looked at me and said: ``I didn't fight for China. I fought for
the USA.''
I later learned that, in 2015 alone, taxpayers footed the bill to
import American flags to the tune of $4.4 million, $4 million of which
went straight to China.
Since that conversation, I have worked with my colleagues on both
sides of the aisle to require the Department of Defense to purchase 100
percent American-made flags. With the support of my colleagues today,
we can ensure that all American flags purchased with taxpayer money are
100 percent American made.
There is no reason that the symbol of our Nation, our freedoms, and
our values, proudly worn on the sleeves of our American soldiers or
displayed right here, like right behind me, in our Nation's Capitol
should be manufactured anywhere but in the United States of America.
By purchasing flags made on American soil, we can ensure that the
symbol of our Nation is preserved, while supporting American jobs and
manufacturing.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I want to
congratulate my friend and colleague on this excellent, patriotic bill,
of which I am a cosponsor.
I have no further speakers on this side of the aisle, so I yield back
the balance of my time.
Mr. COMER. Mr. Speaker, I urge adoption of the bill, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Comer) that the House suspend the rules
and pass the bill, H.R. 3121, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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