,,ii #aafth ,,congress #ast ,session ,s4 #biee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ba1 #bjai,mr4 ,markey introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to authorize the imposition of sanctions with respect to significant actions that exacerbate climate change1 to reinforce comprehensive efforts to limit global average temperature rise1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,targeting ,environmental and ,climate ,recklessness ,act of #bjai4 #b4 ,findings ,congress makes the following findings3 7#a7 ,there is strong global support for actions that limit the severity of climate change4 7#b7 ,on ,september #ah1 #bjai1 more than #bjj representatives of environmental groups1 human rights groups1 indigenous peoples1 workers1 and academia adopted a declaration calling on governments to urgently address environmental damage1 including by increasing the pressure on those most responsible for climate change4 7#c7 ,the ,united ,states ,government has developed and implements targeted measures to restrict access to the ,united ,states financial system for specific individuals and entities involved in conduct including malicious cyber-enabled activity1 transnational organized crime1 narcotics trafficking1 terrorism1 proliferation of weapons of mass destruction1 human rights abuse1 and corruption4 ,those conduct-based measures apply globally and are not focused on any specific country4 7#d7 ,as of the date of the enactment of this ,act1 the ,united ,states ,government seeks to apply existing sanctions authorities against individuals and entities engaged in wildlife trafficking4 ,on ,january #cj1 #bjah1 the ,office of ,foreign ,assets ,control designated an organization for engaging in illicit activities including the trafficking of endangered and vulnerable animals such as black bears1 pangolins1 tigers1 rhinoceroses1 and elephants4 7#e7 ,climate change has disproportionate impact on poorer communities and individuals in less developed countries4 ,targeted measures against individuals and entities most responsible for exacerbating climate change could help ensure that efforts to address climate change do not worsen global inequality4 7#f7 ,development of carbon-intensive electrical power plants is continuing across the developing world through new foreign investments1 despite broad awareness of the dangers4 7#g7 ,the current investment plans of countries likely to receive significant foreign energy investments may lead to an excess build-out of fossil fuel assets and create carbon lock-in absent urgent action4 7#h7 ,governments that are investing in or directing foreign investment toward legacy fossil fuel energy generation often lack the incentive to formulate more efficient or sustainable national energy policies4 ,those governments are thus likely to default to established but harmful forms of energy generation4 7#i7 ,alternatives to carbon-intensive electrical power generation are now available and technological advancements continue to strengthen the economic competitiveness of such alternatives4 7#aj7 ,corruption is especially harmful when individuals who abuse positions of influence for personal gain can simultaneously cause great damage to the global commons by facilitating significant increases in the emission of1 or decreases in the absorption of1 greenhouse gases4 7#aa7 ,deforestation is doubly damaging because it undercuts the absorption of carbon dioxide1 while also raising greenhouse gas emissions4 7#ab7 ,according to the ,intergovernmental ,panel on ,climate ,change1 most pathways to limit warming to well below #b degrees ,celsius require reduced deforestation in concert with reforestation1 afforestation1 and bioenergy efforts4 7#ac7 ,from #bjac to #bjai1 some of the largest financial institutions in the world provided tens of billions of dollars in financing to entities either directly or indirectly deforesting the largest rainforests in the world4 ,most financial institutions have no internal policy covering dealings in key forest-risk commodities4 7#ad7 ,on ,september #bb1 #bjai1 #acj financial institutions worth #dg1jjj1jjj1jjj1jjj collectively1 representing #a_/c of the global industry1 signed on to the ,united ,nations-backed ,principles for ,responsible ,banking1 committing to strategically align their businesses with the goals of the agreement of the parties to the ,united ,nations ,framework ,convention on ,climate ,change1 done at ,paris ,december #ab1 #bjae1 and entered into force ,november #d1 #bjaf 7in this ,act referred to as the ,paris ,climate ,agreement71 and the ,sustainable ,development ,goals adopted by all ,united ,nations member countries in #bjae4 7#ae7 ,illegal deforestation causes environmental harm while promoting criminal activity4 ,in the ,brazilian ,amazon1 criminal networks with the capacity to coordinate large-scale extraction1 processing1 and sale of timber deploy armed personnel to protect their interests4 ,they regularly kill and threaten people who stand in the way of criminal activity1 including members of indigenous communities and environmental enforcement officials4 ,perpetrators of violence are rarely brought to justice4 7#af7 ,between #bjjb and #bjag1 #a1eeh people in #ej countries were killed for defending their environments and lands4 ,environmental defenders currently face a wave of violence that includes threats of physical harm1 intimidation1 and criminalization4 7#ag7 ,policies and measures to address climate change must also promote human rights1 thereby advancing equality1 justice1 and dignity for all1 in line with the ,sustainable ,development ,goals of the ,united ,nations4 #c4 ,sense of ,congress on a comprehensive approach to addressing climate change ,it is the sense of ,congress that-- 7#a7 the restrictive measures described in this ,act are only one component of the comprehensive approach needed to address climate change and mitigate its effects2 7#b7 the ,united ,states ,government must ensure through law and regulation that ,united ,states entities are not engaged in any of the egregious behaviors for which foreign persons may be targeted under this ,act2 7#c7 the ,united ,states ,government must recommit to the ,paris ,climate ,agreement and commit to any successor agreement2 7#d7 the ,united ,states ,government must fulfill its pledges to the ,green ,climate ,fund and promote international efforts to support climate change adaptation and mitigation2 7#e7 the ,united ,states ,government must work proactively with foreign governments1 including by offering positive incentives1 to address climate change and to promote economic development in ways that do not needlessly increase carbon emissions or increase the risk of corruption2 7#f7 the restrictive measures described in this ,act should be employed if engagement has failed to prevent significant actions that exacerbate climate change2 and 7#g7 given broad international support for countering climate change1 the ,secretary of ,state should encourage the governments of other countries to implement restrictive measures that are similar to the provisions of this ,act in order to increase the effectiveness of actions taken by the ,united ,states to combat significant actions that exacerbate climate change1 including related corruption and human rights violations4 #d4 ,sense of ,congress on engagement with the ,people's ,republic of ,china ,it is the sense of ,congress that-- 7#a7 the ,united ,states ,government should encourage the ,people's ,republic of ,china to follow through on its stated intentions to reduce the negative environmental impacts of ,chinese foreign investment1 including investments provided through the ,belt and ,road ,initiative2 7#b7 the ,united ,states ,government should negotiate a binding agreement to end fossil fuel subsidies with major economies including the ,people's ,republic of ,china2 7#c7 the ,united ,states ,government should build on the successes of existing engagement with the ,people's ,republic of ,china through the ,united ,states-,china ,clean ,energy ,research ,center and other initiatives to launch new cooperative efforts2 7#d7 the ,united ,states ,government should engage in expanded dialogue with the ,people's ,republic of ,china to ensure that development finance institutions do not undermine global decarbonization efforts2 and 7#e7 the ,united ,states ,government should work with the ,people's ,republic of ,china to develop and adopt safeguards to promote low-carbon1 climate-resilient investments over high-carbon1 climate risk-inducing investments1 particularly in emerging and developing economies in the ,indo-,pacific1 ,africa1 and ,latin ,america4 #e4 ,statement of policy on application of ,global ,magnitsky sanctions to climate-linked corruption and human rights abuses 7a7 ,in general ,it is the policy of the ,united ,states to consider-- 7#a7 any act of corruption related to a covered activity 7as defined in section #f7;h77 to be corruption1 as that term is used in ,executive ,order #achah 7#ej ,u4,s4,c4 #agja note2 relating to blocking the property of persons involved in serious human rights abuse or corruption72 and 7#b7 any violation of internationally recognized human rights committed against an individual described in subsection 7b7 to be a serious human rights abuse1 as that term is used in that ,executive ,order #achah4 7b7 ,individuals described ,an individual described in this subsection is an individual-- 7#a7 seeking to protect the environment1 public health1 or community land rights2 7#b7 seeking to expose1 or raise awareness of1 environmental damage2 or 7#c7 obliged to leave the individual's habitual home due1 in whole or in part1 to sudden or progressive change in the environment that adversely affects the individual's life or living conditions4 #f4 ,imposition of sanctions with respect to significant actions that exacerbate climate change 7a7 ,sense of ,congress ,it is the sense of ,congress that the ,president should employ the authorities provided by this section to prioritize action against1 and deterrence of1 egregious behaviors that undermine efforts to limit the increase in global average temperature to #a4e degrees ,celsius above pre-industrial levels4 7b7 ,in general ,the ,president may impose one or more of the sanctions described in subsection 7c7 with respect to any foreign person the ,president determines1 based on credible information-- 7#a7 to be responsible for or complicit in1 or to have directly or indirectly engaged in1 a covered activity1 including a government official who approves or implements policies or acts that serve to promote a covered activity2 7#b7 to have acted or purported to act for or on behalf of1 directly or indirectly1 any foreign person in a matter relating to a covered activity1 including for or on behalf of a government official described in paragraph 7#a72 7#c7 to have materially assisted1 sponsored1 or provided financial1 material1 or technological support for1 or goods or services to or in support of1 a covered activity2 or 7#d7 to be owned or controlled by a foreign person described in paragraph 7#a74 7c7 ,sanctions described ,the sanctions that may be imposed with respect to a foreign person under subsection 7b7 are the following3 7#a7 ,inadmissibility to ,united ,states ,in the case of a foreign person who is an individual-- 7,a7 ineligibility to receive a visa to enter the ,united ,states or to be admitted to the ,united ,states2 or 7,b7 if the individual has been issued a visa or other documentation1 revocation1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 of the visa or other documentation4 7#b7 ,blocking of property 7,a7 ,in general ,the blocking1 in accordance with the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 of all transactions in all property and interests in property of the foreign person if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7,b7 ,inapplicability of national emergency requirement ,the requirements of section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja7 shall not apply for purposes of this paragraph4 7#c7 ,other sanctions options ,any of the sanctions described in section #bce of the ,countering ,america's ,adversaries ,through ,sanctions ,act 7#bb ,u4,s4,c4 #iebi74 7d7 ,consideration of certain information in imposing sanctions ,in determining whether to impose sanctions under subsection 7b71 the ,president shall consider-- 7#a7 information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees2 and 7#b7 credible information obtained by other countries and nongovernmental organizations that monitor environmental harm or violations of human rights4 7e7 ,requests by appropriate congressional committees 7#a7 ,in general ,not later than #abj days after receiving a request that meets the requirements of paragraph 7#b7 with respect to whether a foreign person has engaged in an action described in subsection 7a71 the ,president shall-- 7,a7 determine if that person has engaged in such an action2 and 7,b7 submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes-- 7i7 a statement of whether or not the ,president imposed or intends to impose sanctions with respect to the person2 and 7ii7 if the ,president imposed or intends to impose sanctions1 a description of those sanctions4 7#b7 ,requirements ,a request under paragraph 7#a7 with respect to whether a foreign person has engaged in an action described in subsection 7b7 shall be submitted to the ,president in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees4 7f7 ,exceptions 7#a7 ,intelligence and law enforcement activities ,sanctions under this section shall not apply with respect to-- 7,a7 any activity subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq472 or 7,b7 any authorized intelligence or law enforcement activities of the ,united ,states4 7#b7 ,compliance with united nations headquarters agreement ,this section shall not apply with respect to the admission of an individual to the ,united ,states if the admission of the individual is necessary to comply with ,united ,states obligations under the ,agreement between the ,united ,nations and the ,united ,states of ,america regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 under the ,convention on ,consular ,relations1 done at ,vienna ,april #bd1 #aifc1 and entered into force ,march #ai1 #aifg1 or under other international obligations of the ,united ,states4 7#c7 ,exception relating to importation of goods 7,a7 ,in general ,the authority to block and prohibit all transactions in all property and interests in property under this section shall not include the authority to impose sanctions on the importation of goods4 7,b7 ,good defined ,in this paragraph1 the term good means any article1 natural or man-made substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7g7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or any regulation1 license1 or order issued to carry out this section shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7h7 ,report required ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,energy1 in consultation with the ,secretary of ,state and the ,administrator of the ,environmental ,protection ,agency1 shall submit to the appropriate congressional committees a report that includes a list of each activity in a foreign country that-- 7#a7 is initiated or negotiated in the year preceding submission of the report2 and 7#b7 the ,secretary determines is a covered activity1 regardless of whether sanctions have been imposed with respect to the activity4 7i7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,environment and ,public ,works and the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,energy and ,commerce and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,carbon sink ,the term carbon sink means a feature or process that absorbs more carbon from the atmosphere than it releases4 7#c7 ,covered activity ,the term covered activity means any activity in a foreign country that1 on or after the date of the enactment of this ,act-- 7,a7 causes1 or is likely to cause1 significant excess greenhouse gas emissions associated with electrical power generation1 including-- 7i7 construction1 importation1 or exportation of subcritical coal-fired power plants2 or 7ii7 any action that significantly undermines1 as a result of timing or magnitude1 adoption in the country of high-efficiency1 low-carbon1 or renewable energy technology or infrastructure2 7,b7 causes1 or is likely to cause1 significant or illegal deforestation or loss of natural carbon sinks1 including-- 7i7 establishment of incentives for1 or promotion of1 systematic deforestation2 7ii7 engagement in1 or failure to combat1 illegal logging1 mining1 or ranching2 or 7iii7 unjust actions that limit or circumvent opposition to deforestation by individuals seeking to protect the environment1 public health1 or community land rights2 or 7,c7 knowingly misrepresents the environmental impact of a project1 investment1 or product1 including misrepresenting the amount of greenhouse gas emissions associated with the project1 investment1 or product1 in the context of-- 7i7 assessments conducted by multilateral organizations1 national governments1 or investors2 or 7ii7 public efforts to gain market advantage based on purported environmental advantages of a product4 7#d7 ,knowingly ,the term knowingly1 with respect to conduct1 a circumstance1 or a result1 means that a person has actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#e7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#f7 ,subcritical coal-fired power plant ,the term subcritical coal-fired power plant means a coal-fired power plant with carbon intensity equal to or greater than #hhj kilograms of carbon dioxide per megawatt-hour4 7#g7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 #g4 ,additional resources for the ,office of ,foreign ,assets ,control ,there are authorized to be appropriated to the ,secretary of the ,treasury such sums as may be necessary to support the targeting by the ,office of ,foreign ,assets ,control of persons under this ,act and to enhance the ability of that ,office to target persons for the imposition of sanctions under the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note74