[Congressional Record Volume 169, Number 181 (Thursday, November 2, 2023)]
[Senate]
[Page S5332]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ALL-AMERICAN FLAG ACT

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 197, S. 1973.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 1973) to require the purchase of domestically 
     made flags of the United States of America for use by the 
     Federal Government.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs with an amendment, as follows:
  (The part of the bill intended to be stricken is in bold boldfaced 
brackets, and the part of the bill intended to be inserted is in 
italic.)

                                S. 1973

       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) Maintenance of Records.--
       [``(1) In general.--Each manufacturer of a flag of the 
     United States shall maintain records related to such flags 
     marketed by the manufacturer for a period of 5 years 
     demonstrating that articles, materials and supplies used for 
     the flags have been grown or 100 percent produced or 
     manufactured in the United States.
       [``(2) Availability.--The records described in paragraph 
     (1) shall be made available to an agency upon request, at 
     reasonable times and within reasonable limits and in a 
     reasonable manner, including allowing electronic access to 
     such records.
       [``(f)](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.

  Mr. SCHUMER. I further ask that the committee-reported amendment be 
considered and agreed to; that the bill, as amended, be considered read 
a third time and passed; and that the motion to reconsider be 
considered made and laid upon the table with no intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was agreed to.
  The bill (S. 1973), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 1973

       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.

                          ____________________