Protecting Critical Infrastructure Act of 2021
Bill: H.R.3388 | Sponsor: Rep. Fallon, Pat (R-TX)
Policy area: Crime and Law Enforcement

Summary:
Protecting Critical Infrastructure Act of 2021
This bill increases federal criminal penalties for computer fraud and abuse offenses that involve critical infrastructure. The term critical infrastructure means systems and assets, physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health and safety, or any combination of those matters.
Specifically, the bill imposes a fine, a mandatory minimum prison term of 30 years, or both for a computer fraud or abuse offense that involves critical infrastructure.
Additionally, the bill directs the President to impose asset- and visa-blocking sanctions on foreign individuals and entities that access or attempt to access critical infrastructure.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Critical Infrastructure 
Act of 2021''.

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 following:
            ``(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 FOREIGN PERSONS THAT 
              KNOWINGLY ACCESS CRITICAL INFRASTRUCTURE.

    (a) Imposition of Sanctions.--The President shall impose the 
sanctions described in subsection (b) with respect to any foreign 
person that the President determines knowingly accesses or attempts to 
access critical infrastructure (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
            (2) the safety and security of any United States citizen or 
        alien lawfully admitted for permanent residence.
    (b) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        with respect to a foreign person determined by the President to 
        be subject to subsection (a) are the following:
                    (A) Asset blocking.--The President shall exercise 
                of all powers granted to the President by the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.) to the extent necessary to block and 
                prohibit all transactions in property and interests in 
                property of the foreign person if such property and 
                interests 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 individuals.--
                            (i) Ineligibility for visas, admission, or 
                        parole.--In the case of a foreign person who is 
                        an individual, the foreign person is--
                                    (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 Nationality 
                                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 
                                        documentation that is in the 
                                        person's possession.
            (2) Penalties.--A person that violates, attempts 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 section 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 nations 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 regarding the Headquarters of the 
        United Nations, signed at Lake Success June 26, 1947, and 
        entered into force November 21, 1947, between the United 
        Nations 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 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 Emergency 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 implementing.
    (f) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, the Committee on Ways and Means, and 
                the Committee on Financial 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 person'' 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 individual or 
        entity.
            (6) Property; interest in property.--The terms ``property'' 
        and ``interest in property'' have the meanings given the terms 
        ``property'' and ``property 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 permanent 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.
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