[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1042 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1042

To provide an enhanced general penalty for any person who willfully or 
            maliciously destroys a communications facility.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2021

 Mr. Bucshon introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   the Judiciary, 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 provide an enhanced general penalty for any person who willfully or 
            maliciously destroys a communications facility.

    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. ENHANCED GENERAL PENALTY.

    (a) In General.--Title V of the Communications Act of 1934 (47 
U.S.C. 501 et seq.) is amended by adding after section 501, the 
following new section:
``Sec. 501A. Enhanced general penalty
    ``(a) Offenses.--Whoever, during and in relation to a violation 
enumerated in section 501, willfully or maliciously destroys any 
communications facility, in addition to the punishment provided for a 
violation that includes imprisonment, be sentenced to a term of 
imprisonment of 2 years.
    ``(b) Consecutive Sentence.--Notwithstanding any other provision of 
law--
            ``(1) a court may not place on probation any person 
        convicted of a violation of this section;
            ``(2) except as provided in paragraph (3), a term of 
        imprisonment imposed on a person under this section may not run 
        concurrently with any other term of imprisonment imposed on the 
        person under any other provision of law, including any term of 
        imprisonment imposed for the violation of this section; and
            ``(3) a term of imprisonment imposed on a person for a 
        violation of this section may, in the discretion of the court, 
        run concurrently, in whole or in part, only with another term 
        of imprisonment that is imposed by the court at the same time 
        on that person for an additional violation of this section, if 
        the discretion is exercised in accordance with applicable 
        guidelines and policy statements issued by the Sentencing 
        Commission pursuant to section 994 of title 28, United States 
        Code.
    ``(c) Communications Facility Defined.--In this section, the term 
`communications facility' includes--
            ``(1) any infrastructure, including any transmitting 
        device, tower, or support structure, and any equipment, 
        switches, wiring, cabling, power sources, shelters, or 
        cabinets, associated with the licensed or permitted unlicensed 
        wireless or wireline transmission of writings, signs, signals, 
        data, images, pictures, and sounds of all kinds; and
            ``(2) any antenna or apparatus that--
                    ``(A) is designed for the purpose of emitting radio 
                frequency;
                    ``(B) is designed to be operated, or is operating, 
                from a fixed location pursuant to authorization by the 
                Commission or is using duly authorized devices that do 
                not require individual licenses; and
                    ``(C) is added to a tower, building, or other 
                structure.''.
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