H.R. 3278

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3278 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 3278

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 8, 2025

Mr. Fallon (for himself, Mr. Moskowitz, Mrs. Luna, and Mr. Moylan) 
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.

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''.

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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