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 Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, 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. 

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 of 2021’’. 


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1 SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION 

2 WITH CRITICAL INFRASTRUCTURE. 

3 Section 1030(c) of title 18, United States Code, is 

4 amended— 

5 (1) in paragraph (4)(G), by striking the period 

6 at the end and inserting ‘‘; or’’; and 

7 (2) by inserting after paragraph (4) the fol8 lowing: 

9 ‘‘(5) a fine under this title and imprisonment 

10 for not less than 30 years or for life, in the case of 

11 an offense that involves critical infrastructure (as 

12 such term is defined in section 1016(e) of Public 

13 Law 107–56 (42 U.S.C. 5195c(e))).’’. 

14 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR15 EIGN PERSONS THAT KNOWINGLY ACCESS 

16 CRITICAL INFRASTRUCTURE. 

17 (a) IMPOSITION OF SANCTIONS.—The President shall 

18 impose the sanctions described in subsection (b) with re19 spect to any foreign person that the President determines 

20 knowingly accesses or attempts to access critical infra21 structure (as such term is defined in section 1016(e) of 

22 Public Law 107–56 (42 U.S.C. 5195c(e))) for the purpose 

23 of harming— 

24 (1) the national security or defense of the 

25 United States; or 


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1 (2) the safety and security of any United States 

2 citizen or alien lawfully admitted for permanent resi3 dence. 

4 (b) SANCTIONS DESCRIBED.— 

5 (1) IN GENERAL.—The sanctions described in 

6 this subsection with respect to a foreign person de7 termined by the President to be subject to sub8 section (a) are the following: 

9 (A) ASSET BLOCKING.—The President 

10 shall exercise of all powers granted to the Presi11 dent by the International Emergency Economic 

12 Powers Act (50 U.S.C. 1701 et seq.) to the ex13 tent necessary to block and prohibit all trans14 actions in property and interests in property of 

15 the foreign person if such property and inter16 ests in property are in the United States, come 

17 within the United States, or are or come within 

18 the possession or control of a United States 

19 person. 

20 (B) INADMISSIBILITY OF CERTAIN INDI21 VIDUALS.— 

22 (i) INELIGIBILITY FOR VISAS, ADMIS23 SION, OR PAROLE.—In the case of a for24 eign person who is an individual, the for25 eign person is— 


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1 (I) inadmissible to the United 

2 States; 

3 (II) ineligible to receive a visa or 

4 other documentation to enter the 

5 United States; and 

6 (III) otherwise ineligible to be 

7 admitted or paroled into the United 

8 States or to receive any other benefit 

9 under the Immigration and Nation10 ality Act (8 U.S.C. 1101 et seq.). 

11 (ii) CURRENT VISAS REVOKED.— 

12 (I) IN GENERAL.—In the case of 

13 a foreign person who is an individual, 

14 the visa or other documentation 

15 issued to the person shall be revoked, 

16 regardless of when such visa or other 

17 documentation is or was issued. 

18 (II) EFFECT OF REVOCATION.— 

19 A revocation under subclause (I) 

20 shall— 

21 (aa) take effect immediately; 

22 and 

23 (bb) automatically cancel 

24 any other valid visa or entry docVerDate Sep 11 2014 05:16 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3388.IH H3388

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1 umentation that is in the per2 son’s possession. 

3 (2) PENALTIES.—A person that violates, at4 tempts to violate, conspires to violate, or causes a 

5 violation of any regulation, license, or order issued 

6 to carry out paragraph (1)(A) shall be subject to the 

7 penalties set forth in subsections (b) and (c) of sec8 tion 206 of the International Emergency Economic 

9 Powers Act (50 U.S.C. 1705) to the same extent as 

10 a person that commits an unlawful act described in 

11 subsection (a) of that section. 

12 (3) EXCEPTION TO COMPLY WITH UNITED NA13 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

14 under paragraph (1)(B) shall not apply to a foreign 

15 person who is an individual if admitting the person 

16 into the United States is necessary to permit the 

17 United States to comply with the Agreement regard18 ing the Headquarters of the United Nations, signed 

19 at Lake Success June 26, 1947, and entered into 

20 force November 21, 1947, between the United Na21 tions and the United States, or other applicable 

22 international obligations. 

23 (c) WAIVER.—The President may, on a case-by-case 

24 basis and for periods not to exceed 180 days, waive the 

25 application of sanctions imposed with respect to a foreign 


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1 person under this section if the President certifies to the 

2 appropriate congressional committees not later than 15 

3 days before such waiver is to take effect that the waiver 

4 is vital to the national security interests of the United 

5 States. 

6 (d) IMPLEMENTATION AUTHORITY.—The President 

7 may exercise all authorities provided to the President 

8 under sections 203 and 205 of the International Emer9 gency Economic Powers Act (50 U.S.C. 1702 and 1704) 

10 for purposes of carrying out this section. 

11 (e) REGULATORY AUTHORITY.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the date of the enactment of this Act, the President 

14 shall promulgate such regulations as are necessary 

15 for the implementation of this section. 

16 (2) NOTIFICATION TO CONGRESS.—Not less 

17 than 10 days before the promulgation of regulations 

18 under paragraph (1), the President shall notify and 

19 provide to the appropriate congressional committees 

20 the proposed regulations and an identification of the 

21 provisions of this section that the regulations are im22 plementing. 

23 (f) DEFINITIONS.—In this section: 

24 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

25 and ‘‘alien’’ have the meanings given those terms in 


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1 section 101(a) of the Immigration and Nationality 

2 Act (8 U.S.C. 1101(a)). 

3 (2) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Affairs, the 

7 Committee on the Judiciary, the Committee on 

8 Ways and Means, and the Committee on Finan9 cial Services of the House of Representatives; 

10 and 

11 (B) the Committee on Foreign Relations, 

12 the Committee on the Judiciary, the Committee 

13 on Finance, and the Committee on Banking, 

14 Housing, and Urban Affairs of the Senate. 

15 (3) FOREIGN PERSON.—The term ‘‘foreign per16 son’’ means a person that is not a United States 

17 person. 

18 (4) KNOWINGLY.—The term ‘‘knowingly’’, with 

19 respect to conduct, a circumstance, or a result, 

20 means that a person has actual knowledge, or should 

21 have known, of the conduct, the circumstance, or the 

22 result. 

23 (5) PERSON.—The term ‘‘person’’ means an in24 dividual or entity. 


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1 (6) PROPERTY; INTEREST IN PROPERTY.—The 

2 terms ‘‘property’’ and ‘‘interest in property’’ have 

3 the meanings given the terms ‘‘property’’ and ‘‘prop4 erty interest’’, respectively, in section 576.312 of 

5 title 31, Code of Federal Regulations, as in effect on 

6 the day before the date of the enactment of this Act. 

7 (7) UNITED STATES PERSON.—The term 

8 ‘‘United States person’’ means— 

9 (A) an individual who is a United States 

10 citizen or an alien lawfully admitted for perma11 nent residence to the United States; 

12 (B) an entity organized under the laws of 

13 the United States or any jurisdiction within the 

14 United States, including a foreign branch of 

15 such an entity; or 

16 (C) any person in the United States. 

Æ 


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