[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.
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