,,ii #aagth ,,congress #ast ,session ,s4 #adje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bh1 #bjba,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 #bjba4 #b4 ,findings ,congress makes the following findings3 7#a7 ,climate change is imposing significant damage on communities in the ,united ,states and abroad in the form of severe weather events1 wildfires1 heat waves1 droughts1 flooding1 ocean acidification1 and other threats to public health and safety4 ,scientists expect these effects to grow in frequency and intensity in the coming decades4 ,low-income communities and communities of color bear a disproportionate impact of climate-related damages4 7#b7 ,collectively1 the international community needs to limit global warming to under #b4g degrees ,fahrenheit above pre-industrial levels in order to avoid the most catastrophic effects of climate change4 ,under the current trajectory1 the world will fail to meet this target and will experience warming that exceeds #c degrees ,celsius by the end of the century4 ,in many regions of the world1 warming of average temperatures has already surpassed #c degrees ,fahrenheit4 7#c7 ,to limit global warming to under #a4e degrees ,celsius above pre-industrial levels1 the world needs to reach net-zero global emissions by #bjej1 which will require making drastic reforms to global economic systems to mitigate greenhouse gas emissions1 reduce deforestation1 reduce dependency on coal1 adapt to unavoidable changes in the climate1 and ensure a just transition4 7#d7 ,the goals articulated in the ,united ,nations ,paris ,climate ,agreement depend on collective action involving the entire international community4 ,progress made by one economic actor can be reduced or cancelled out if another economic actor emits significant greenhouse gas emissions into the ,earth's atmosphere4 7#e7 ,coal produces the highest intensity of greenhouse gas emissions of any fuel source4 ,the ,international ,energy ,agency estimates that coal is responsible for nearly #a_/c of global warming4 ,the ,united ,nations ,secretary ,general has repeatedly urged countries to stop financing coal and to pledge not to build new coal-fired power plants4 7#f7 ,subcritical coal-fired power plants continue to be developed1 especially in ,southeast ,asia and as part of the ,belt and ,road ,initiative of the ,people's ,republic of ,china1 despite broad awareness of the dangers and the growing availability of economically superior alternatives4 ,additionally1 coal mining is frequently associated with a wide range of human rights abuses1 such as forced evictions and land grabbing1 water and air pollution1 and violations of the rights of indigenous people and workers4 7#g7 ,alternatives to carbon-intensive electrical power generation are now available and technological advancements continue to strengthen the economic competitiveness of such alternatives4 7#h7 ,internationally1 several economic actors continue to pursue activities1 such as development of new subcritical coal-fired power plants and deforestation that contribute to dangerous levels of greenhouse gas emissions4 ,in addition to carrying a significant climate risk1 many of these activities are associated with serious human rights abuses1 acts of corruption1 and environmental injustice against ,indigenous communities1 communities of color1 and other communities that have historically faced marginalization and discrimination4 7#i7 ,the ,united ,states ,government has developed and implements targeted measures to restrict access to the ,united ,states financial system for specific individuals and entities whose actions threaten or run counter to ,united ,states national interests4 ,the ,united ,states ,government has deployed these measures in response to terrorism1 proliferation of weapons of mass destruction1 transnational organized crime1 narcotics trafficking1 malicious cyber-enabled activity1 wildlife trafficking1 serious human rights abuses1 and acts of corruption4 ,while ,president ,joseph ,r4 ,biden has further centered climate solutions in foreign policy1 as of the date of the enactment of this ,act1 the ,united ,states ,government has not used these measures to target and deter reckless1 climate-destroying behavior4 7#aj7 ,president ,biden has indicated that combating the climate crisis is a top domestic and foreign policy priority and has taken steps including the creation of a ,special ,presidential ,envoy for ,climate1 collaborating with other countries to establish worldwide solutions and reduce the impact of climate change1 striving to achieve a net-zero economy in the ,united ,states by #bjej1 producing a plan to end international financing for fossil fuel projects1 and emphasizing the need of pursuing an entirely clean energy economy4 7#aa7 ,president ,biden has made it a priority to counter environmental injustices in the ,united ,states and abroad1 and plans on implementing community-led approaches as well as ,federal protections and regulations that will support those community members whose land and health have been negatively impacted by climate change4 7#ab7 ,the climate crisis has led to a surge of civic engagement1 activism1 and protests across the world4 ,at the same time1 reprisals against environmental defenders are on the rise4 ,front ,line ,defenders reported that of the #cca human rights defenders killed for their work in #bjbj1 #fi percent were killed for speaking up about ,indigenous1 land1 or environmental rights4 ,in #bjbj1 ,global ,witness reported than an average of #d environmental defenders had been killed every week since the ,paris ,climate ,agreement was signed in ,december #bjae4 ,thousands of other environmental defenders are targeted each year with reprisals in the form of enforced disappearances1 torture1 sexual violence1 criminalization1 and smear campaigns4 7#ac7 ,as a result of corruption and illegally issued permits for forest clearance1 only approximately #ej percent of tropical forest destruction is defined as illegal under local country laws4 ,critically1 violations of land rights and the free1 prior1 and informed consent and rights of ,indigenous people can be overlooked if the only criterion applied is legality4 7#ad7 ,illegal deforestation is a significant driver of the destruction of the ,amazon rainforest4 ,criminal networks with the capacity to coordinate large-scale extraction1 processing1 and sale of timber deploy armed personnel to protect their interests4 ,those criminal networks regularly attack and threaten members of ,indigenous communities1 enforcement officials1 and other environmental defenders4 ,perpetrators of such violence are rarely brought to justice4 7#ae7 ,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 targeted 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 entities in the ,united ,states are not engaged in or complicit in any of the egregious behaviors for which foreign persons may be targeted under this ,act2 7#c7 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#d7 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#e7 the targeted measures described in this ,act should be employed if engagement has failed to prevent significant actions that exacerbate climate change2 and 7#f7 given broad international support for countering climate change1 the ,secretary of ,state should encourage the governments of other countries to implement targeted measures that are similar to the provisions of this ,act1 and the ,secretary of the ,treasury should support implementation of such measures1 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 continue to hold the ,people's ,republic of ,china accountable for its human rights abuses1 violations of international law1 coercive and unfair economic practices1 and military aggression1 and should do so while also pursuing opportunities to cooperatively address the existential threat of climate change2 7#b7 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#c7 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#d7 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#e7 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#f7 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;i77 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 ,executive ,order #achah4 7b7 ,individuals described ,an individual described in this subsection is an individual who-- 7#a7 advocates for the protection of the environment1 public health1 ,indigenous rights1 or community land rights2 7#b7 investigates1 exposes1 or raises awareness of harm or corruption related to natural resource use2 or 7#c7 is 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 ,deforestation ,the term deforestation means a loss of natural forest resulting from the whole or partial conversion of natural forest to-- 7,a7 agriculture or another non-forest land use2 or 7,b7 a tree plantation4 7#e7 ,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#f7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#g7 ,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#h7 ,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