Defense Department Cracks Down on Suspiciously Cheap U.S. Flags
Published Date: 6/25/2026
Proposed Rule
Summary
The Department of Defense is updating its rules to make sure all U.S. flags they buy are made right here in America. This change affects anyone selling flags to the DoD and tightens the rules on small purchases to support American jobs. Comments on this proposed rule are open until August 24, 2026, so get ready to share your thoughts!
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
U.S. Flags Must Be U.S.-Made Above $10,000
DoD must buy U.S. flags that are produced in the United States for contract actions that exceed $10,000. This change adds the U.S. flag to the Berry Amendment list, replaces a prior DFARS restriction that applied above $150,000, requires the rule to flow down to subcontractors, and allows the military department secretary or the Defense Logistics Agency Component Acquisition Executive to waive the restriction for flag purchases over $10,000.
Commissary Seafood from Certain Countries Excluded
DoD’s exception for items bought for commissary resale will not apply to seafood originating in the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, or the Democratic People's Republic of Korea. The Secretary of Defense may waive this restriction if applying it would cause undue burden to a commissary located on a military installation outside the United States.
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Key Dates
Department and Agencies
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