Protecting Critical Infrastructure Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3388 To amend title 18, United States Code, to increase penalties for certain computer fraud and related offenses that involve critical infrastructure, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 20, 2021 Mr. FALLON introduced the following bill; which was referred to the Com- mittee on the Judiciary, and in addition to the Committee on Foreign Af- fairs, 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 amend title 18, United States Code, to increase penalties for certain computer fraud and related offenses that involve critical infrastructure, and for other purposes. 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 of 2021’’. 5 VerDate Sep 11 2014 05:16 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3388.IH H3388 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3388 IH SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION 1 WITH CRITICAL INFRASTRUCTURE. 2 Section 1030(c) of title 18, United States Code, is 3 amended— 4 (1) in paragraph (4)(G), by striking the period 5 at the end and inserting ‘‘; or’’; and 6 (2) by inserting after paragraph (4) the fol- 7 lowing: 8 ‘‘(5) a fine under this title and imprisonment 9 for not less than 30 years or for life, in the case of 10 an offense that involves critical infrastructure (as 11 such term is defined in section 1016(e) of Public 12 Law 107–56 (42 U.S.C. 5195c(e))).’’. 13 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR- 14 EIGN PERSONS THAT KNOWINGLY ACCESS 15 CRITICAL INFRASTRUCTURE. 16 (a) IMPOSITION OF SANCTIONS.—The President shall 17 impose the sanctions described in subsection (b) with re- 18 spect to any foreign person that the President determines 19 knowingly accesses or attempts to access critical infra- 20 structure (as such term is defined in section 1016(e) of 21 Public Law 107–56 (42 U.S.C. 5195c(e))) for the purpose 22 of harming— 23 (1) the national security or defense of the 24 United States; or 25 VerDate Sep 11 2014 05:16 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3388.IH H3388 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3388 IH (2) the safety and security of any United States 1 citizen or alien lawfully admitted for permanent resi- 2 dence. 3 (b) SANCTIONS DESCRIBED.— 4 (1) IN GENERAL.—The sanctions described in 5 this subsection with respect to a foreign person de- 6 termined by the President to be subject to sub- 7 section (a) are the following: 8 (A) ASSET BLOCKING.—The President 9 shall exercise of all powers granted to the Presi- 10 dent by the International Emergency Economic 11 Powers Act (50 U.S.C. 1701 et seq.) to the ex- 12 tent necessary to block and prohibit all trans- 13 actions in property and interests in property of 14 the foreign person if such property and inter- 15 ests in property are in the United States, come 16 within the United States, or are or come within 17 the possession or control of a United States 18 person. 19 (B) INADMISSIBILITY OF CERTAIN INDI- 20 VIDUALS.— 21 (i) INELIGIBILITY FOR VISAS, ADMIS- 22 SION, OR PAROLE.—In the case of a for- 23 eign person who is an individual, the for- 24 eign person is— 25 VerDate Sep 11 2014 05:16 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3388.IH H3388 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3388 IH (I) inadmissible to the United 1 States; 2 (II) ineligible to receive a visa or 3 other documentation to enter the 4 United States; and 5 (III) otherwise ineligible to be 6 admitted or paroled into the United 7 States or to receive any other benefit 8 under the Immigration and Nation- 9 ality Act (8 U.S.C. 1101 et seq.). 10 (ii) CURRENT VISAS REVOKED.— 11 (I) IN GENERAL.—In the case of 12 a foreign person who is an individual, 13 the visa or other documentation 14 issued to the person shall be revoked, 15 regardless of when such visa or other 16 documentation is or was issued. 17 (II) EFFECT OF REVOCATION.— 18 A revocation under subclause (I) 19 shall— 20 (aa) take effect immediately; 21 and 22 (bb) automatically cancel 23 any other valid visa or entry doc- 24 VerDate Sep 11 2014 05:16 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3388.IH H3388 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3388 IH umentation that is in the per- 1 son’s possession. 2 (2) PENALTIES.—A person that violates, at- 3 tempts to violate, conspires to violate, or causes a 4 violation of any regulation, license, or order issued 5 to carry out paragraph (1)(A) shall be subject to the 6 penalties set forth in subsections (b) and (c) of sec- 7 tion 206 of the International Emergency Economic 8 Powers Act (50 U.S.C. 1705) to the same extent as 9 a person that commits an unlawful act described in 10 subsection (a) of that section. 11 (3) EXCEPTION TO COMPLY WITH UNITED NA- 12 TIONS HEADQUARTERS AGREEMENT.—Sanctions 13 under paragraph (1)(B) shall not apply to a foreign 14 person who is an individual if admitting the person 15 into the United States is necessary to permit the 16 United States to comply with the Agreement regard- 17 ing the Headquarters of the United Nations, signed 18 at Lake Success June 26, 1947, and entered into 19 force November 21, 1947, between the United Na- 20 tions and the United States, or other applicable 21 international obligations. 22 (c) WAIVER.—The President may, on a case-by-case 23 basis and for periods not to exceed 180 days, waive the 24 application of sanctions imposed with respect to a foreign 25 VerDate Sep 11 2014 05:16 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3388.IH H3388 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3388 IH person under this section if the President certifies to the 1 appropriate congressional committees not later than 15 2 days before such waiver is to take effect that the waiver 3 is vital to the national security interests of the United 4 States. 5 (d) IMPLEMENTATION AUTHORITY.—The President 6 may exercise all authorities provided to the President 7 under sections 203 and 205 of the International Emer- 8 gency Economic Powers Act (50 U.S.C. 1702 and 1704) 9 for purposes of carrying out this section. 10 (e) REGULATORY AUTHORITY.— 11 (1) IN GENERAL.—Not later than 90 days after 12 the date of the enactment of this Act, the President 13 shall promulgate such regulations as are necessary 14 for the implementation of this section. 15 (2) NOTIFICATION TO CONGRESS.—Not less 16 than 10 days before the promulgation of regulations 17 under paragraph (1), the President shall notify and 18 provide to the appropriate congressional committees 19 the proposed regulations and an identification of the 20 provisions of this section that the regulations are im- 21 plementing. 22 (f) DEFINITIONS.—In this section: 23 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 24 and ‘‘alien’’ have the meanings given those terms in 25 VerDate Sep 11 2014 05:16 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3388.IH H3388 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3388 IH section 101(a) of the Immigration and Nationality 1 Act (8 U.S.C. 1101(a)). 2 (2) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means— 5 (A) the Committee on Foreign Affairs, the 6 Committee on the Judiciary, the Committee on 7 Ways and Means, and the Committee on Finan- 8 cial Services of the House of Representatives; 9 and 10 (B) the Committee on Foreign Relations, 11 the Committee on the Judiciary, the Committee 12 on Finance, and the Committee on Banking, 13 Housing, and Urban Affairs of the Senate. 14 (3) FOREIGN PERSON.—The term ‘‘foreign per- 15 son’’ means a person that is not a United States 16 person. 17 (4) KNOWINGLY.—The term ‘‘knowingly’’, with 18 respect to conduct, a circumstance, or a result, 19 means that a person has actual knowledge, or should 20 have known, of the conduct, the circumstance, or the 21 result. 22 (5) PERSON.—The term ‘‘person’’ means an in- 23 dividual or entity. 24 VerDate Sep 11 2014 05:16 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3388.IH H3388 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3388 IH (6) PROPERTY; INTEREST IN PROPERTY.—The 1 terms ‘‘property’’ and ‘‘interest in property’’ have 2 the meanings given the terms ‘‘property’’ and ‘‘prop- 3 erty interest’’, respectively, in section 576.312 of 4 title 31, Code of Federal Regulations, as in effect on 5 the day before the date of the enactment of this Act. 6 (7) UNITED STATES PERSON.—The term 7 ‘‘United States person’’ means— 8 (A) an individual who is a United States 9 citizen or an alien lawfully admitted for perma- 10 nent residence to the United States; 11 (B) an entity organized under the laws of 12 the United States or any jurisdiction within the 13 United States, including a foreign branch of 14 such an entity; or 15 (C) any person in the United States. 16 Æ VerDate Sep 11 2014 05:16 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H3388.IH H3388 kjohnson on DSK79L0C42PROD with BILLS