of the United States of America AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
An Act To require the purchase of domestically made flags of the United States of America for use by the Federal Government.
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: ‘‘§ 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 com- missary, 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 require- ment 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. S. 1973—2
‘‘(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 ‘sim- plified 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.
Vincent W. Schmid v. United States of America, and Third Party Loren'mike' Krause Construction Company, Inc., Third Party, 273 F.2d 172, 3rd Cir. (1959)
