,,ii #aahth ,,congress #b;d ,session ,s4 #ecjf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ac1 #bjbd,mr4 ,markey 7for himself and ,ms4 ,warren7 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 #bjbd4 #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 communities1 communities of color1 and women bear a disproportionate impact of climate-related damages4 7#b7 ,collectively1 the international community needs to limit global warming to under #a4e degrees ,celsius 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 #a4e degrees ,celsius4 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 oil1 and gas1 adapt to unavoidable changes in the climate1 and ensure a just transition4 7#d7 ,the goals articulated in the ,paris ,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 atmosphere or destroys important carbon sinks4 7#e7 ,coal is one of the most carbon-intensive fuel sources4 ,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 ,globally1 oil and gas operations account for #ae percent of total energy-related emissions4 ,at the #bhth ,united ,nations ,climate ,change ,conference 7commonly known as ,,cop#bh7 in #bjbc1 the outcome of the first global stocktake under the ,paris ,agreement called for a global effort to transition away from fossil fuels in energy systems1 in a just1 orderly1 and equitable manner1 accelerating action in this critical decade1 so as to achieve net-zero global emissions by #bjej in keeping with the science4 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 abuses that impact the enjoyment of human rights1 such as forced evictions and land grabbing1 water and air pollution1 and violations of the rights of ,indigenous ,peoples 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 ,while the ,united ,states has not yet used such measures for climate-related activities alone1 the ,united ,states ,government has deployed such 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 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 #aif human rights defenders1 including environmental defenders1 were killed for their work in #bjbc4 ,in #bjbd1 ,global ,witness reported more than #b1ajj defenders have been killed since #bjab4 ,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 ,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 other environmental defenders1 and enforcement officials4 ,perpetrators of such violence are rarely brought to justice4 7#ad7 ,policies and measures to address climate change and deforestation should also promote human rights1 thereby advancing equality1 justice1 and dignity for all1 in line with the ,sustainable ,development ,goals and the ,guiding ,principles on ,business and ,human ,rights 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 should continue to make progress toward scaling international climate finance to more than #aa1jjj1jjj1jjj annually 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 emissions1 deforestation1 or 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 change and deforestation2 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 ,statement of policy on application of ,global ,magnitsky sanctions to environment-linked corruption and human rights abuses 7a7 ,in general ,it is the policy of the ,united ,states to consider use of applicable authorities described 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 corruption7 in relation to activities described in section #e7;b71 including for acts of corruption and serious human rights abuses against individuals described in subsection 7b74 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-- 7,a7 caused by human activities or attributable to climate change2 and 7,b7 that adversely affects the individual's life or living conditions4 #e4 ,imposition of sanctions with respect to significant actions that exacerbate climate change1 deforestation1 or harm to environmental defenders 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-- 7#a7 undermine efforts to limit the increase in global average temperature to #a4e degrees ,celsius above pre-industrial levels2 7#b7 contribute to deforestation2 or 7#c7 present specific harm to environmental defenders4 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 knowingly1 recklessly1 or willfully engages in an activity in a foreign country that causes1 or is likely to cause1 greenhouse gas emissions that are not in line with scientifically established pathways to help avoid an increase in the ,earth's temperature of more than #a4e degree ,celsius above pre-industrial levels1 as determined by the ,secretary of ,state1 including any action that significantly undermines1 as a result of timing1 magnitude1 or corruption1 projects for the adoption in the country of high-efficiency1 low-carbon1 or renewable energy technology or infrastructure1 including the construction of low-efficiency fossil fuel power plants2 7#b7 engages in an activity in a foreign country that causes1 or is likely to cause1 illegal deforestation or loss of natural carbon sinks1 including-- 7,a7 establishment of incentives for1 or promotion of1 knowingly conducting deforestation2 or 7,b7 engagement in1 or failure to combat1 illegal logging1 mining1 or ranching2 7#c7 knowingly engages in an activity in a foreign country that 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-- 7,a7 assessments conducted by multilateral organizations1 national governments1 or investors2 or 7,b7 public efforts to gain market advantage based on purported environmental advantages of a product2 7#d7 engages in an activity in a foreign country that causes1 or is likely to cause1 limitations on or circumvention of opposition to deforestation or projects described in paragraph 7#a7 by individuals seeking to protect the environment1 public health1 or community land rights1 including actions that encourage impunity for those perpetrating physical threats or violence against such individuals2 7#e7 is otherwise responsible for or complicit in an activity described in any of paragraphs 7#a7 through 7#d71 including a government official who approves or implements policies or acts that serve to promote such an activity2 7#f7 has acted or purported to act for or on behalf of1 directly or indirectly1 any foreign person in a matter relating to an activity described in any of paragraphs 7#a7 through 7#d71 including for or on behalf of a government official described in paragraph 7#e72 7#g7 has materially assisted1 sponsored1 or provided financial1 material1 or technological support for1 or goods or services to or in support of1 an activity described in any of paragraphs 7#a7 through 7#d72 or 7#h7 is owned or controlled by a foreign person that engages an activity described in any of paragraphs 7#a7 through 7#d7 or is described in paragraph 7#e74 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 travel to 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 ,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 7f7 ,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 7g7 ,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 ,deforestation ,the term deforestation means the conversion of forest to other land use1 whether human-induced or not1 that results in-- 7,a7 permanent reduction of the tree canopy to less than a minimum #aj percent threshold2 and 7,b7 the conversion of areas of forest to agriculture1 pasture1 water reservoirs1 mining1 or urban areas4 7#d7 ,knowingly ,the term knowingly1 with respect to conduct1 means-- 7,a7 a person has actual knowledge of the facts2 or 7,b7 a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge4 7#e7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#f7 ,recklessly ,the term recklessly1 with respect to conduct1 means that a person displays a deliberate indifference or conscious disregard to the consequences of the conduct4 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 7#i7 ,willfully ,the term willfully1 with respect to conduct1 means a person has knowledge-- 7,a7 of the facts2 and 7,b7 that the conduct was subject to sanctions under this section4 #f4 ,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 7#bb ,u4,s4,c4 #ajaja et seq474