I 112th CONGRESS 2d Session H. R. 6277 IN THE HOUSE OF REPRESENTATIVES August 2, 2012 Ms. Slaughter introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Transportation and Infrastructure and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the Secretary of Defense and the Secretary of Homeland Security from purchasing equipment or military aircraft containing electronic components that are not manufactured in the United States.

1.

Short title

This Act may be cited as the Keep America Secure Act.

2.

Prohibition against purchasing equipment or military aircraft containing electronic components not manufactured in the United States

(a)

In general

The Secretary of Defense and the Secretary of Homeland Security may not purchase any equipment or military aircraft that contains electronic components that are not manufactured in the United States. (b)

Exception

The Secretary concerned may waive the application of subsection (a) with respect to a purchase if the Secretary determines that application of such subsection to such purchase would be inconsistent with the public interest or would result in unreasonable costs to the Department of Defense or the Department of Homeland Security, as the case may be. (c)

Requirement for classification system for electronic components

The Secretary of Defense and the Secretary of Homeland Security shall jointly establish a classification system for electronic components. Under the system, electronic components shall be ranked based on how sensitive the components, and the final products containing the components, are to national security. (d)

Study and report on counterfeit electronic components

(1)

Study required

The Secretary of Defense and the Secretary of Homeland Security shall jointly conduct a study on the prevalence of counterfeit electronic components in the supply chains of the Department of Defense and the Department of Homeland Security and options for addressing the issue. (2)

Report

Not later than 12 months after the date of the enactment of this Act, the Secretaries shall submit to Congress a report on the results of the study required by paragraph (1), including findings and such recommendations as the Secretaries consider appropriate. (e)

Definitions

In this Act: (1)

Electronic components

The term electronic components includes— (A)any integrated chip or sensing device; (B)communications systems and equipment; (C)search, navigation, and guidance systems and equipment; and (D)software associated with the items described in subparagraphs (A) through (C). (2)

Sensitive electronic components

The term sensitive electronic components means electronic components ranked the most sensitive to national security under the classification system established under subsection (c).

3.

FAA regulations for use of certain electronic components manufactured in the United States

Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue regulations that require any passenger aircraft constructed after such date and any replacement of electronic components on a passenger aircraft use electronic components (as defined in section 2(e)) manufactured in the United States.