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Title 41, Public ContractsRelease 119-110

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

Title 41 › Subtitle II — Other Advertising and Contract Provisions › CHAPTER 63 — GENERAL CONTRACT PROVISIONS › § 6310

Last updated Sep 22, 2026|Official source

Summary

Federal agencies must buy only United States flags that are fully made in the United States from materials grown or completely produced in the United States. An agency head can allow a non-U.S. flag if a U.S.-made flag of acceptable quality or in enough quantity cannot be bought when needed at U.S. market prices. The rule does not apply to purchases by vessels in foreign waters, to resale in military stores (commissaries, exchanges, or similar agency-run outlets), or to buys below the simplified acquisition threshold. The President may waive the U.S.-made rule to follow a trade agreement. If the President gives a waiver, a notice must appear in the Federal Register within 30 days. "Agency" means an executive agency. "Simplified acquisition threshold" is the small-purchase dollar limit defined elsewhere.

Full Legal Text

Title 41, §6310

Public Contracts, Source: USLM XML via OLRC

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

Legislative History

Notes & Related Subsidiaries

Statutory Notes and 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].”

Reference

Citations & Metadata

Citation

41 U.S.C. § 6310

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110