Protecting Critical Infrastructure Act

I 117TH CONGRESS 1ST SESSION H. R. 1042 To provide an enhanced general penalty for any person who willfully or maliciously destroys a communications facility. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 15, 2021 Mr. BUCSHON introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL To provide an enhanced general penalty for any person who willfully or maliciously destroys a communications facility. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Critical In- 4 frastructure Act’’. 5 SEC. 2. ENHANCED GENERAL PENALTY. 6 (a) IN GENERAL.—Title V of the Communications 7 Act of 1934 (47 U.S.C. 501 et seq.) is amended by adding 8 after section 501, the following new section: 9 VerDate Sep 11 2014 18:45 Mar 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1042.IH H1042 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1042 IH ‘‘§ 501A. Enhanced general penalty 1 ‘‘(a) OFFENSES.—Whoever, during and in relation to 2 a violation enumerated in section 501, willfully or mali- 3 ciously destroys any communications facility, in addition 4 to the punishment provided for a violation that includes 5 imprisonment, be sentenced to a term of imprisonment of 6 2 years. 7 ‘‘(b) CONSECUTIVE SENTENCE.—Notwithstanding 8 any other provision of law— 9 ‘‘(1) a court may not place on probation any 10 person convicted of a violation of this section; 11 ‘‘(2) except as provided in paragraph (3), a 12 term of imprisonment imposed on a person under 13 this section may not run concurrently with any other 14 term of imprisonment imposed on the person under 15 any other provision of law, including any term of im- 16 prisonment imposed for the violation of this section; 17 and 18 ‘‘(3) a term of imprisonment imposed on a per- 19 son for a violation of this section may, in the discre- 20 tion of the court, run concurrently, in whole or in 21 part, only with another term of imprisonment that 22 is imposed by the court at the same time on that 23 person for an additional violation of this section, if 24 the discretion is exercised in accordance with appli- 25 cable guidelines and policy statements issued by the 26 VerDate Sep 11 2014 18:45 Mar 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1042.IH H1042 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1042 IH Sentencing Commission pursuant to section 994 of 1 title 28, United States Code. 2 ‘‘(c) COMMUNICATIONS FACILITY DEFINED.—In this 3 section, the term ‘communications facility’ includes— 4 ‘‘(1) any infrastructure, including any transmit- 5 ting device, tower, or support structure, and any 6 equipment, switches, wiring, cabling, power sources, 7 shelters, or cabinets, associated with the licensed or 8 permitted unlicensed wireless or wireline trans- 9 mission of writings, signs, signals, data, images, pic- 10 tures, and sounds of all kinds; and 11 ‘‘(2) any antenna or apparatus that— 12 ‘‘(A) is designed for the purpose of emit- 13 ting radio frequency; 14 ‘‘(B) is designed to be operated, or is oper- 15 ating, from a fixed location pursuant to author- 16 ization by the Commission or is using duly au- 17 thorized devices that do not require individual 18 licenses; and 19 ‘‘(C) is added to a tower, building, or other 20 structure.’’. 21 Æ VerDate Sep 11 2014 18:45 Mar 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1042.IH H1042 pamtmann on DSKBC07HB2PROD with BILLS