H.R. 3278 — Protecting Critical Infrastructure Act

This section amends the penalty provisions of the Computer Fraud and Abuse Act by inserting a new paragraph establishing a fine under the title and imprisonment for not less than 30 years or life for an offense involving critical infrastructure (as defined in the Critical Infrastructures Protection Act of 2001, 42 U.S.C. 5195c(e), i.e., interdependent physical and cyber-based systems and assets essential to national security, economy, public health, or safety).

This section requires the President to impose sanctions on foreign persons determined to have knowingly accessed or attempted to access critical infrastructure (as defined in 42 U.S.C. 5195c(e)) for the purpose of harming U.S. national security or defense or the safety and security of U.S. citizens or aliens lawfully admitted for permanent residence. Sanctions include (1) asset blocking and prohibition of transactions in all property and interests in property under the International Emergency Economic Powers Act (IEEPA, 50 U.S.C. 1701 et seq.); and (2) for individuals, inadmissibility to the United States, ineligibility for visas, parole, or other immigration benefits, and revocation of current visas (effective immediately and automatically canceling other entry documents). Violations are subject to IEEPA civil and criminal penalties (50 U.S.C. 1705(b)-(c)); sanctions under (2) do not apply if needed to comply with the U.N. Headquarters Agreement. The President may waive sanctions on a case-by-case basis for up to 180 days if vital to U.S. national security (with certification to specified congressional committees at least 15 days prior); must issue implementing regulations within 90 days of enactment (with at least 10 days' prior notice to those committees); and may use additional IEEPA authorities (50 U.S.C. 1702, 1704) for implementation. The section defines terms including "foreign person" (any non-U.S. person), "knowingly," "United States person," "person," "property," "interest in property," "admitted," "alien," and "appropriate congressional committees" (specified House and Senate panels).