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