[Congressional Record Volume 165, Number 8 (Tuesday, January 15, 2019)]
[House]
[Pages H566-H567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ALL-AMERICAN FLAG ACT

  Mr. CUMMINGS. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 113) to require the purchase of domestically made flags of 
the United States of America for use by the Federal Government.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 113

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Cummings) and the gentlewoman from North Carolina (Ms. 
Foxx) each will control 20 minutes.

[[Page H567]]

  The Chair recognizes the gentleman from Maryland.


                             General Leave

  Mr. CUMMINGS. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on H.R. 113.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.

                              {time}  1330

  Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may 
consume.
  The All-American Flag Act is a commonsense bill that all Members can 
support. It would require that all Federal agencies purchase American 
flags that are manufactured right here in the United States using 
materials grown or produced in the United States.
  Under current law, the 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.
  I urge support of this bill, and I reserve the balance of my time.
  Ms. FOXX of North Carolina. Madam Speaker, I yield myself such time 
as I may consume.
  Madam Speaker, H.R. 113 is a bipartisan bill to ensure government 
agencies buy United States flags made only from 100 percent American-
made materials.
  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.
  Requirements in current law are inconsistent when it comes to the 
content of American flags purchased by executive agencies. 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 
material, or sometimes even less than that.
  This bill brings all executive agencies under a single rule about the 
content of American flags bought by the Federal Government. The bill 
harmonizes and integrates this single rule with existing laws that 
require domestic content of U.S. flags purchased by 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. The bill 
makes those flag purchasing standards permanent law and applies the 
rules to civilian agencies that buy U.S. flags.
  H.R. 113 contains limited exceptions that recognize practical 
realities such as domestic nonavailability. These exceptions reflect 
those contained in current law governing DOD purchase of textiles, 
including U.S. flags.
  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 this bill.
  Madam Speaker, I have no further speakers. I urge adoption of the 
bill, and I yield back the balance of my time.
  Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I think this is a very important bill. The American 
flag is so near and dear to so many people, and, quite often, folks 
think that it is being manufactured here in the United States and being 
manufactured with materials grown here; but the fact is, quite often, 
that is not the case. So I think it is only fitting that, when we wave 
that flag and when we salute that flag, we know that it has been 
produced here in our country.
  Madam Speaker, I urge all of our colleagues to vote in favor of this 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore (Ms. Sewell of Alabama). The question is on 
the motion offered by the gentleman from Maryland (Mr. Cummings) that 
the House suspend the rules and pass the bill, H.R. 113.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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