[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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