Public Law 118 - 74 - All-American Flag Act

[118th Congress Public Law 74]
[From the U.S. Government Publishing Office]



[[Page 138 STAT. 1505]]

Public Law 118-74
118th Congress

                                 An Act


 
To require the purchase of domestically made flags of the United States 
     of America for use by the Federal Government. <<NOTE: July 30, 
                          2024 -  [S. 1973]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: All-American 
Flag Act.>> 
SECTION 1. <<NOTE: 41 USC 101 note.>>  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. <<NOTE: 41 USC 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) <<NOTE: Determination.>>  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.

[[Page 138 STAT. 1506]]

            ``(2) <<NOTE: Deadline. Federal Register, publication.>>  
        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 <<NOTE: 41 USC prec. 6301.>>  is 
        amended by adding at the end the following new item:

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

    (b) <<NOTE: 41 USC 6310 note.>>  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.

    Approved July 30, 2024.

LEGISLATIVE HISTORY--S. 1973:
---------------------------------------------------------------------------

SENATE REPORTS: No. 118-94 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 169 (2023):
                                    Nov. 2, considered and passed 
                                        Senate.
                                                        Vol. 170 (2024):
                                    July 22, considered and passed 
                                        House.

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