,,ii #aaith ,,congress #ast ,session ,s4 #cbhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #a1 #bjbe,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 #bjbe4 #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 those effects to grow in frequency and intensity in the coming decades1 jeopardizing the jobs1 health1 and safety of the people of the ,united ,states4 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 ,in #bjbd1 average temperatures passed the #a4e-;degree threshold for the first time4 ,with sustained #a4e-;degree warming1 scientists expect the ,united ,states to experience a sharp rise in annual heat-related deaths1 longer and more destructive wildfire seasons1 more frequent and severe droughts1 reduced crop yields1 more multi-billion-dollar flood disasters1 increased high-tide flooding in coastal areas1 more days with unhealthy air quality1 and longer tick and mosquito seasons1 among other effects4 ,low-income communities and communities of color will experience the worst effects4 7#c7 ,the adverse impacts of climate change will increase exponentially as warming continues4 ,under the current trajectory1 the world will experience warming that exceeds #c degrees ,celsius by the end of the century4 ,at #c degrees of warming1 scientists expect dangerous conditions in the ,united ,states where outdoor work is unsafe for many months of the year1 farmers struggle to keep livestock and grow crops1 power grids become overloaded1 water becomes scarce during summer months1 poor air quality leads to widespread health problems1 severe wildfires and droughts become more common1 major flooding events occur on a regular basis1 mosquito- and tick-borne illnesses spread further1 and some coastal areas become submerged4 7#d7 ,climate change is also expected to pose a significant challenge to the international community's shared vision of fulfilling the ,united ,nations ,sustainable ,development ,goals4 7#e7 ,to avert catastrophe1 the ,united ,states and every country on ,earth will need to make drastic reforms to global economic systems to reduce greenhouse gas emissions1 reduce deforestation1 and adapt to unavoidable changes in the climate4 7#f7 ,internationally1 economic actors continue to pursue activities1 such as development of new coal-fired power plants and deforestation1 that contribute to dangerous levels of greenhouse gas emissions and the destruction of carbon sinks4 ,in addition to carrying a significant climate risk1 many of those 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#g7 ,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 ,numerous studies show that transnational criminal organizations no longer limit themselves only to drug trafficking but diversify their operations to include natural resource crimes1 among other activities4 7#h7 ,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#i7 ,in #bjbe1 ,president ,donald ,j4 ,trump withdrew the ,united ,states from the ,paris ,agreement and attacked climate change-related activities across the ,federal ,government4 7#aj7 ,president ,trump's decision to ignore climate change has provided the ,people's ,republic of ,china with a strategic opportunity to make significant competitive gains in preparing for a new economic order in a world that has warmed by #a4e degrees ,celsius above pre-industrial levels4 7#aa7 ,during the first year of ,president ,trump's second term1 the ,united ,states experienced one of its costliest years on record for wildfires and storms1 record-breaking heat waves1 and severe flooding--all disasters that were linked to climate change4 7#ab7 ,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#ac7 ,the ,united ,states should take action to address the urgency of the climate crisis and hold actors responsible for environmental and climate harm4 #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 a sustained increase in the ,earth's temperature of more than #a4e degrees ,celsius above pre-industrial levels1 as determined by the ,intergovernmental ,panel on ,climate ,change1 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 in 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 ,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#h7 ,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