[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2527-S2528]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 337. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REQUIREMENT FOR CERTAIN FLAGS OF UNITED STATES TO 
                   BE MADE IN UNITED STATES.

       (a) Requirement for Certain Flags of United States To Be 
     Made in United States.--Chapter 1 of title 4, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 11. Display on Federal property; procurement by 
       Federal agencies

       ``(a) Display on Federal Property.--A Federal agency may 
     not display a flag of the United States on Federal property 
     unless such flag has been made in the United States.

[[Page S2528]]

       ``(b) Procurement by Federal Agencies.--Funds appropriated 
     or otherwise made available to a Federal agency may not be 
     used for the procurement of a flag of the United States 
     unless such flag has been made in the United States.
       ``(c) International Agreements.--This section shall be 
     applied in a manner consistent with the obligations of the 
     United States under international agreements.
       ``(d) Rule of Construction.--Nothing in this section may be 
     construed to apply to the display or procurement of a flag of 
     the United States by a private actor.
       ``(e) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' means--
       ``(A) an Executive agency;
       ``(B) a military department;
       ``(C) an office, agency, or other establishment in the 
     legislative branch;
       ``(D) an office, agency, or other establishment in the 
     judicial branch;
       ``(E) the Government of the District of Columbia; and
       ``(F) Government controlled corporations.
       ``(2) Federal property.--The term `Federal property' means 
     real property owned, leased, or occupied by a Federal agency 
     or an instrumentality wholly owned by the United States.
       ``(3) Made in the united states.--The term `made in the 
     United States' means 100 percent manufactured in the United 
     States from articles, materials, or supplies that have been 
     100 percent produced or manufactured in the United States.
       ``(4) United states.--The term `United States', when used 
     in a geographic sense, includes each of the several States, 
     the District of Columbia, Tribal lands, and the territories 
     or possessions of the United States.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     1 of title 4, United States Code, is amended by adding at the 
     end the following:

``11. Display on Federal property; procurement by Federal agencies.''.
       (c) Applicability.--Section 11 of title 4, United States 
     Code, as added by subsection (a), shall apply--
       (1) with respect to the display of a flag of the United 
     States by a Federal agency, on and after the date that is 2 
     years after the date of the enactment of this Act; and
       (2) with respect to the procurement of a flag of the United 
     States by a Federal agency, on and after the date that is 90 
     days after the date of the enactment of this Act.
       (d) Study on Country-of-origin Labeling for Flags of the 
     United States.--
       (1) Study.--The Chair of the Federal Trade Commission shall 
     conduct a study that--
       (A) assesses and describes the enforcement scheme for 
     country-of-origin labeling for flags of the United States;
       (B) determines how many fines or penalties, if any, have 
     been imposed for violations of such enforcement scheme; and
       (C) identifies the percentage of violations of such 
     enforcement scheme that are subsequent violations committed 
     by an entity that has previously been found to have violated 
     such scheme.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Chair of the Federal Trade 
     Commission shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate a report 
     containing--
       (A) the results of the study conducted under paragraph (1); 
     and
       (B) any recommendations to improve--
       (i) the enforcement scheme for country-of-origin labeling 
     for flags of the United States; and
       (i) the deterrent effect of such scheme.
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