§6310 — Title 41 Public Contracts | U.S. Code

Summary

Agencies must buy United States flags that are made 100 percent in the United States from materials grown or fully produced in the United States. An agency head may allow buying a non‑U.S. flag if the needed quality or quantity cannot be obtained at U.S. market prices when required. The rule does not apply to purchases by vessels in foreign waters, flags sold in military commissaries or exchanges, or buys below the simplified acquisition threshold. The President may waive the rule to comply with a trade agreement and must publish the waiver in the Federal Register within 30 days. "Agency" = executive agency (40 U.S.C. 102). "Simplified acquisition threshold" = defined in section 134.

Title 41, §6310

Public Contracts — Source: USLM XML via OLRC

(a)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)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)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)(1)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)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)In this section:

(1)The term “agency” has the meaning given the term “executive agency” in section 102 of title 40.

(2)The term “simplified acquisition threshold” has the meaning given that term in section 134.

Notes & Related Subsidiaries

Effective Date

Pub. L. 118–74, § 2(b),

July 30, 2024, 138 Stat. 1506, provided that: “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 [

July 30, 2024].”

§6310 Requirement for Agencies to Buy Domestically Made United States Flags

Summary

Title 41, §6310

Notes & Related Subsidiaries

Effective Date

Citations & Metadata