41 U.S.C. § 6310 — Requirement for agencies to buy domestically made United States flags

1. (a)RequirementExcept 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.
2. (b)Availability ExceptionSubsection (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.
3. (c)Exception for Certain ProcurementsSubsection (a) does not apply to the following:
   1. (1)Procurements by vessels in foreign waters.
   2. (2)Procurements for resale purposes in any military commissary, military exchange, or nonappropriated fund instrumentality operated by an agency.
   3. (3)Procurements for amounts less than the simplified acquisition threshold.
4. (d)Presidential Waiver
   1. (1)In generalThe 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. (2)Notice of waiverNot later than 30 days after granting a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register.
5. (e)DefinitionsIn this section:
   1. (1)AgencyThe term “agency” has the meaning given the term “executive agency” in section 102 of title 40.
   2. (2)Simplified acquisition thresholdThe term “simplified acquisition threshold” has the meaning given that term in section 134.