Text: S.3068 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in Senate (06/14/2018)


115th CONGRESS
2d Session
S. 3068


To require the purchase of domestically made flags of the United States of America for use by the Federal Government.


IN THE SENATE OF THE UNITED STATES

June 14, 2018

Mr. Brown (for himself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs


A BILL

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.—

(1) IN GENERAL.—Chapter 63 of title 41, United States Code, is amended by adding at the end the following:

§ 6310. Requirement for agencies to buy domestically made United States flags

“(a) 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 the term in section 134.

“(b) Requirement.—Except as provided in subsections (c), (d), and (e), funds appropriated or otherwise made available to an agency may not be used for the procurement of any flag of the United States, unless the 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.

“(c) Availability exception.—Subsection (b) shall not apply to an agency to the extent that the head of the agency 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.

“(d) Exception for certain procurements.—Subsection (b) shall not apply to—

“(1) a procurement by a vessel in foreign waters;

“(2) a procurement for resale purposes in any military commissary, military exchange, gift shop, or nonappropriated fund instrumentality operated by an agency; or

“(3) a procurement for amounts less than the simplified acquisition threshold.

“(e) Presidential waiver.—

“(1) IN GENERAL.—The President may waive the requirement in subsection (b) if the President determines that 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 the date on which the President grants a waiver under paragraph (1), the President shall publish notice of the waiver in the Federal Register.”.

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for chapter 63 of title 41, United States Code, is amended by adding at the end the following:


“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 enactment of this Act.