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 Committee 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 jurisdiction of the committee concerned 

A BILL 

To provide an enhanced general penalty for any person who 

willfully or maliciously destroys a communications facility. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Critical In5 frastructure Act’’. 

6 SEC. 2. ENHANCED GENERAL PENALTY. 

7 (a) IN GENERAL.—Title V of the Communications 

8 Act of 1934 (47 U.S.C. 501 et seq.) is amended by adding 

9 after section 501, the following new section: 


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•HR 1042 IH

1 ‘‘§ 501A. Enhanced general penalty 

2 ‘‘(a) OFFENSES.—Whoever, during and in relation to 

3 a violation enumerated in section 501, willfully or mali4 ciously destroys any communications facility, in addition 

5 to the punishment provided for a violation that includes 

6 imprisonment, be sentenced to a term of imprisonment of 

7 2 years. 

8 ‘‘(b) CONSECUTIVE SENTENCE.—Notwithstanding 

9 any other provision of law— 

10 ‘‘(1) a court may not place on probation any 

11 person convicted of a violation of this section; 

12 ‘‘(2) except as provided in paragraph (3), a 

13 term of imprisonment imposed on a person under 

14 this section may not run concurrently with any other 

15 term of imprisonment imposed on the person under 

16 any other provision of law, including any term of im17 prisonment imposed for the violation of this section; 

18 and 

19 ‘‘(3) a term of imprisonment imposed on a per20 son for a violation of this section may, in the discre21 tion of the court, run concurrently, in whole or in 

22 part, only with another term of imprisonment that 

23 is imposed by the court at the same time on that 

24 person for an additional violation of this section, if 

25 the discretion is exercised in accordance with appli26 cable guidelines and policy statements issued by the 


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•HR 1042 IH

1 Sentencing Commission pursuant to section 994 of 

2 title 28, United States Code. 

3 ‘‘(c) COMMUNICATIONS FACILITY DEFINED.—In this 

4 section, the term ‘communications facility’ includes— 

5 ‘‘(1) any infrastructure, including any transmit6 ting device, tower, or support structure, and any 

7 equipment, switches, wiring, cabling, power sources, 

8 shelters, or cabinets, associated with the licensed or 

9 permitted unlicensed wireless or wireline trans10 mission of writings, signs, signals, data, images, pic11 tures, and sounds of all kinds; and 

12 ‘‘(2) any antenna or apparatus that— 

13 ‘‘(A) is designed for the purpose of emit14 ting radio frequency; 

15 ‘‘(B) is designed to be operated, or is oper16 ating, from a fixed location pursuant to author17 ization by the Commission or is using duly au18 thorized devices that do not require individual 

19 licenses; and 

20 ‘‘(C) is added to a tower, building, or other 

21 structure.’’. 

Æ 


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