I 

117TH CONGRESS 

1ST SESSION H. R. 3245 

To authorize the imposition of sanctions with respect to significant actions 

that exacerbate climate change, to reinforce comprehensive efforts to 

limit global average temperature rise, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2021 

Ms. ESCOBAR introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, Oversight and Reform, and Ways and Means, 

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 authorize the imposition of sanctions with respect to 

significant actions that exacerbate climate change, to 

reinforce comprehensive efforts to limit global average 

temperature rise, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Targeting Environ5 mental and Climate Recklessness Act of 2021’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Climate change is imposing significant dam4 age on communities in the United States and abroad 

5 in the form of severe weather events, wildfires, heat 

6 waves, droughts, flooding, ocean acidification, and 

7 other threats to public health and safety. Scientists 

8 expect these effects to grow in frequency and inten9 sity in the coming decades. Low-income communities 

10 and communities of color bear a disproportionate 

11 impact of climate-related damages. 

12 (2) Collectively, the international community 

13 needs to limit global warming to under 2.7 degrees 

14 Fahrenheit above pre-industrial levels in order to 

15 avoid the most catastrophic effects of climate 

16 change. Under the current trajectory, the world will 

17 fail to meet this target and will experience warming 

18 that exceeds 3 degrees Celsius by the end of the cen19 tury. In many regions of the world, warming of aver20 age temperatures has already surpassed 3 degrees 

21 Fahrenheit. 

22 (3) To limit global warming to under 1.5 de23 grees Celsius above pre-industrial levels, the world 

24 needs to reach net-zero global emissions by 2050, 

25 which will require making drastic reforms to global 

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1 sions, reduce deforestation, reduce dependency on 

2 coal, adapt to unavoidable changes in the climate, 

3 and ensure a just transition. 

4 (4) The goals articulated in the United Nations 

5 Paris Climate Agreement depend on collective action 

6 involving the entire international community. 

7 Progress made by one economic actor can be re8 duced or cancelled out if another economic actor 

9 emits significant greenhouse gas emissions into the 

10 Earth’s atmosphere. 

11 (5) Coal produces the highest intensity of 

12 greenhouse gas emissions of any fuel source. The 

13 International Energy Agency estimates that coal is 

responsible for nearly 1 14 ⁄3 of global warming. The 

15 United Nations Secretary General has repeatedly 

16 urged countries to stop financing coal and to pledge 

17 not to build new coal-fired power plants. 

18 (6) Subcritical coal-fired power plants continue 

19 to be developed, especially in Southeast Asia and as 

20 part of the Belt and Road Initiative of the People’s 

21 Republic of China, despite broad awareness of the 

22 dangers and the growing availability of economically 

23 superior alternatives. Additionally, coal mining is 

24 frequently associated with a wide range of human 

25 rights abuses, such as forced evictions and land 


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1 grabbing, water and air pollution, and violations of 

2 the rights of indigenous people and workers. 

3 (7) Alternatives to carbon-intensive electrical 

4 power generation are now available and technological 

5 advancements continue to strengthen the economic 

6 competitiveness of such alternatives. 

7 (8) Internationally, several economic actors con8 tinue to pursue activities, such as development of 

9 new subcritical coal-fired power plants and deforest10 ation that contribute to dangerous levels of green11 house gas emissions. In addition to carrying a sig12 nificant climate risk, many of these activities are as13 sociated with serious human rights abuses, acts of 

14 corruption, and environmental injustice against In15 digenous communities, communities of color, and 

16 other communities that have historically faced 

17 marginalization and discrimination. 

18 (9) The United States Government has devel19 oped and implements targeted measures to restrict 

20 access to the United States financial system for spe21 cific individuals and entities whose actions threaten 

22 or run counter to United States national interests. 

23 The United States Government has deployed these 

24 measures in response to terrorism, proliferation of 

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1 nized crime, narcotics trafficking, malicious cyber2 enabled activity, wildlife trafficking, serious human 

3 rights abuses, and acts of corruption. While Presi4 dent Joseph R. Biden has further centered climate 

5 solutions in foreign policy, as of the date of the en6 actment of this Act, the United States Government 

7 has not used these measures to target and deter 

8 reckless, climate-destroying behavior. 

9 (10) President Biden has indicated that com10 bating the climate crisis is a top domestic and for11 eign policy priority and has taken steps including 

12 the creation of a Special Presidential Envoy for Cli13 mate, collaborating with other countries to establish 

14 worldwide solutions and reduce the impact of climate 

15 change, striving to achieve a net-zero economy in the 

16 United States by 2050, producing a plan to end 

17 international financing for fossil fuel projects, and 

18 emphasizing the need of pursuing an entirely clean 

19 energy economy. 

20 (11) President Biden has made it a priority to 

21 counter environmental injustices in the United 

22 States and abroad, and plans on implementing com23 munity-led approaches as well as Federal protections 

24 and regulations that will support those community 


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1 members whose land and health have been negatively 

2 impacted by climate change. 

3 (12) The climate crisis has led to a surge of 

4 civic engagement, activism, and protests across the 

5 world. At the same time, reprisals against environ6 mental defenders are on the rise. Front Line De7 fenders reported that of the 331 human rights de8 fenders killed for their work in 2020, 69 percent 

9 were killed for speaking up about Indigenous, land, 

10 or environmental rights. In 2020, Global Witness re11 ported than an average of 4 environmental defenders 

12 had been killed every week since the Paris Climate 

13 Agreement was signed in December 2015. Thou14 sands of other environmental defenders are targeted 

15 each year with reprisals in the form of enforced dis16 appearances, torture, sexual violence, criminaliza17 tion, and smear campaigns. 

18 (13) As a result of corruption and illegally 

19 issued permits for forest clearance, only approxi20 mately 50 percent of tropical forest destruction is 

21 defined as ‘‘illegal’’ under local country laws. Criti22 cally, violations of land rights and the free, prior, 

23 and informed consent and rights of Indigenous peo24 ple can be overlooked if the only criterion applied is 

25 legality. 


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1 (14) Illegal deforestation is a significant driver 

2 of the destruction of the Amazon rainforest. Crimi3 nal networks with the capacity to coordinate large4 scale extraction, processing, and sale of timber de5 ploy armed personnel to protect their interests. 

6 Those criminal networks regularly attack and 

7 threaten members of Indigenous communities, en8 forcement officials, and other environmental defend9 ers. Perpetrators of such violence are rarely brought 

10 to justice. 

11 (15) Policies and measures to address climate 

12 change must also promote human rights, thereby ad13 vancing equality, justice, and dignity for all, in line 

14 with the Sustainable Development Goals of the 

15 United Nations. 

16 SEC. 3. SENSE OF CONGRESS ON A COMPREHENSIVE AP17 PROACH TO ADDRESSING CLIMATE CHANGE. 

18 It is the sense of Congress that— 

19 (1) the targeted measures described in this Act 

20 are only one component of the comprehensive ap21 proach needed to address climate change and miti22 gate its effects; 

23 (2) the United States Government must ensure 

24 through law and regulation that entities in the 

25 United States are not engaged in or complicit in any 


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1 of the egregious behaviors for which foreign persons 

2 may be targeted under this Act; 

3 (3) the United States Government must fulfill 

4 its pledges to the Green Climate Fund and promote 

5 international efforts to support climate change adap6 tation and mitigation; 

7 (4) the United States Government must work 

8 proactively with foreign governments, including by 

9 offering positive incentives, to address climate 

10 change and to promote economic development in 

11 ways that do not needlessly increase carbon emis12 sions or increase the risk of corruption; 

13 (5) the targeted measures described in this Act 

14 should be employed if engagement has failed to pre15 vent significant actions that exacerbate climate 

16 change; and 

17 (6) given broad international support for coun18 tering climate change, the Secretary of State should 

19 encourage the governments of other countries to im20 plement targeted measures that are similar to the 

21 provisions of this Act, and the Secretary of the 

22 Treasury should support implementation of such 

23 measures, in order to increase the effectiveness of 

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1 cant actions that exacerbate climate change, includ2 ing related corruption and human rights violations. 

3 SEC. 4. SENSE OF CONGRESS ON ENGAGEMENT WITH THE 

4 PEOPLE’S REPUBLIC OF CHINA. 

5 It is the sense of Congress that— 

6 (1) the United States Government should con7 tinue to hold the People’s Republic of China ac8 countable for its human rights abuses, violations of 

9 international law, coercive and unfair economic prac10 tices, and military aggression, and should do so 

11 while also pursuing opportunities to cooperatively 

12 address the existential threat of climate change; 

13 (2) the United States Government should en14 courage the People’s Republic of China to follow 

15 through on its stated intentions to reduce the nega16 tive environmental impacts of Chinese foreign invest17 ment, including investments provided through the 

18 Belt and Road Initiative; 

19 (3) the United States Government should nego20 tiate a binding agreement to end fossil fuel subsidies 

21 with major economies including the People’s Repub22 lic of China; 

23 (4) the United States Government should build 

24 on the successes of existing engagement with the 

25 People’s Republic of China through the United 


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1 States-China Clean Energy Research Center and 

2 other initiatives to launch new cooperative efforts; 

3 (5) the United States Government should en4 gage in expanded dialogue with the People’s Repub5 lic of China to ensure that development finance in6 stitutions do not undermine global decarbonization 

7 efforts; and 

8 (6) the United States Government should work 

9 with the People’s Republic of China to develop and 

10 adopt safeguards to promote low-carbon, climate-re11 silient investments over high-carbon, climate risk-in12 ducing investments, particularly in emerging and de13 veloping economies in the Indo-Pacific, Africa, and 

14 Latin America. 

15 SEC. 5. STATEMENT OF POLICY ON APPLICATION OF GLOB16 AL MAGNITSKY SANCTIONS TO CLIMATE17 LINKED CORRUPTION AND HUMAN RIGHTS 

18 ABUSES. 

19 (a) IN GENERAL.—It is the policy of the United 

20 States to consider— 

21 (1) any act of corruption related to a covered 

22 activity (as defined in section 6(i)) to be corruption, 

23 as that term is used in Executive Order 13818 (50 

24 U.S.C. 1701 note; relating to blocking the property 


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1 of persons involved in serious human rights abuse or 

2 corruption); and 

3 (2) any violation of internationally recognized 

4 human rights committed against an individual de5 scribed in subsection (b) to be a serious human 

6 rights abuse, as that term is used in Executive 

7 Order 13818. 

8 (b) INDIVIDUALS DESCRIBED.—An individual de9 scribed in this subsection is an individual who— 

10 (1) advocates for the protection of the environ11 ment, public health, Indigenous rights, or commu12 nity land rights; 

13 (2) investigates, exposes, or raises awareness of 

14 harm or corruption related to natural resource use; 

15 or 

16 (3) is obliged to leave the individual’s habitual 

17 home due, in whole or in part, to sudden or progres18 sive change in the environment that adversely affects 

19 the individual’s life or living conditions. 

20 SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO SIG21 NIFICANT ACTIONS THAT EXACERBATE CLI22 MATE CHANGE. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that the President should employ the authorities 

25 provided by this section to prioritize action against, and 


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1 deterrence of, egregious behaviors that undermine efforts 

2 to limit the increase in global average temperature to 1.5 

3 degrees Celsius above pre-industrial levels. 

4 (b) IN GENERAL.—The President may impose one or 

5 more of the sanctions described in subsection (c) with re6 spect to any foreign person the President determines, 

7 based on credible information— 

8 (1) to be responsible for or complicit in, or to 

9 have directly or indirectly engaged in, a covered ac10 tivity, including a government official who approves 

11 or implements policies or acts that serve to promote 

12 a covered activity; 

13 (2) to have acted or purported to act for or on 

14 behalf of, directly or indirectly, any foreign person in 

15 a matter relating to a covered activity, including for 

16 or on behalf of a government official described in 

17 paragraph (1); 

18 (3) to have materially assisted, sponsored, or 

19 provided financial, material, or technological support 

20 for, or goods or services to or in support of, a cov21 ered activity; or 

22 (4) to be owned or controlled by a foreign per23 son described in paragraph (1). 


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1 (c) SANCTIONS DESCRIBED.—The sanctions that 

2 may be imposed with respect to a foreign person under 

3 subsection (b) are the following: 

4 (1) INADMISSIBILITY TO UNITED STATES.—In 

5 the case of a foreign person who is an individual— 

6 (A) ineligibility to receive a visa to enter 

7 the United States or to be admitted to the 

8 United States; or 

9 (B) if the individual has been issued a visa 

10 or other documentation, revocation, in accord11 ance with section 221(i) of the Immigration and 

12 Nationality Act (8 U.S.C. 1201(i)), of the visa 

13 or other documentation. 

14 (2) BLOCKING OF PROPERTY.— 

15 (A) IN GENERAL.—The blocking, in ac16 cordance with the International Emergency 

17 Economic Powers Act (50 U.S.C. 1701 et seq.), 

18 of all transactions in all property and interests 

19 in property of the foreign person if such prop20 erty and interests in property are in the United 

21 States, come within the United States, or are or 

22 come within the possession or control of a 

23 United States person. 

24 (B) INAPPLICABILITY OF NATIONAL EMER25 GENCY REQUIREMENT.—The requirements of 


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1 section 202 of the International Emergency 

2 Economic Powers Act (50 U.S.C. 1701) shall 

3 not apply for purposes of this paragraph. 

4 (3) OTHER SANCTIONS OPTIONS.—Any of the 

5 sanctions described in section 235 of the Countering 

6 America’s Adversaries Through Sanctions Act (22 

7 U.S.C. 9529). 

8 (d) CONSIDERATION OF CERTAIN INFORMATION IN

9 IMPOSING SANCTIONS.—In determining whether to im10 pose sanctions under subsection (b), the President shall 

11 consider— 

12 (1) information provided jointly by the chair13 person and ranking member of each of the appro14 priate congressional committees; and 

15 (2) credible information obtained by other coun16 tries and nongovernmental organizations that mon17 itor environmental harm or violations of human 

18 rights. 

19 (e) REQUESTS BY APPROPRIATE CONGRESSIONAL

20 COMMITTEES.— 

21 (1) IN GENERAL.—Not later than 120 days 

22 after receiving a request that meets the require23 ments of paragraph (2) with respect to whether a 

24 foreign person has engaged in an action described in 

25 subsection (a), the President shall— 


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1 (A) determine if that person has engaged 

2 in such an action; and 

3 (B) submit a classified or unclassified re4 port to the chairperson and ranking member of 

5 the committee or committees that submitted the 

6 request with respect to that determination that 

7 includes— 

8 (i) a statement of whether or not the 

9 President imposed or intends to impose 

10 sanctions with respect to the person; and 

11 (ii) if the President imposed or in12 tends to impose sanctions, a description of 

13 those sanctions. 

14 (2) REQUIREMENTS.—A request under para15 graph (1) with respect to whether a foreign person 

16 has engaged in an action described in subsection (b) 

17 shall be submitted to the President in writing jointly 

18 by the chairperson and ranking member of one of 

19 the appropriate congressional committees. 

20 (f) EXCEPTIONS.— 

21 (1) INTELLIGENCE AND LAW ENFORCEMENT

22 ACTIVITIES.—Sanctions under this section shall not 

23 apply with respect to— 


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1 (A) any activity subject to the reporting 

2 requirements under title V of the National Se3 curity Act of 1947 (50 U.S.C. 3091 et seq.); or 

4 (B) any authorized intelligence or law en5 forcement activities of the United States. 

6 (2) COMPLIANCE WITH UNITED NATIONS HEAD7 QUARTERS AGREEMENT.—This section shall not 

8 apply with respect to the admission of an individual 

9 to the United States if the admission of the indi10 vidual is necessary to comply with United States ob11 ligations under the Agreement between the United 

12 Nations and the United States of America regarding 

13 the Headquarters of the United Nations, signed at 

14 Lake Success June 26, 1947, and entered into force 

15 November 21, 1947, under the Convention on Con16 sular Relations, done at Vienna April 24, 1963, and 

17 entered into force March 19, 1967, or under other 

18 international obligations of the United States. 

19 (3) EXCEPTION RELATING TO IMPORTATION OF

20 GOODS.— 

21 (A) IN GENERAL.—The authority to block 

22 and prohibit all transactions in all property and 

23 interests in property under this section shall not 

24 include the authority to impose sanctions on the 

25 importation of goods. 


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1 (B) GOOD DEFINED.—In this paragraph, 

2 the term ‘‘good’’ means any article, natural or 

3 man-made substance, material, supply or manu4 factured product, including inspection and test 

5 equipment, and excluding technical data. 

6 (g) IMPLEMENTATION; PENALTIES.— 

7 (1) IMPLEMENTATION.—The President may ex8 ercise all authorities provided under sections 203 

9 and 205 of the International Emergency Economic 

10 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

11 this section. 

12 (2) PENALTIES.—A person that violates, at13 tempts to violate, conspires to violate, or causes a 

14 violation of this section or any regulation, license, or 

15 order issued to carry out this section shall be subject 

16 to the penalties set forth in subsections (b) and (c) 

17 of section 206 of the International Emergency Eco18 nomic Powers Act (50 U.S.C. 1705) to the same ex19 tent as a person that commits an unlawful act de20 scribed in subsection (a) of that section. 

21 (h) REPORT REQUIRED.—Not later than one year 

22 after the date of the enactment of this Act, and annually 

23 thereafter, the Secretary of Energy, in consultation with 

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1 priate congressional committees a report that includes a 

2 list of each activity in a foreign country that— 

3 (1) is initiated or negotiated in the year pre4 ceding submission of the report; and 

5 (2) the Secretary determines is a covered activ6 ity, regardless of whether sanctions have been im7 posed with respect to the activity. 

8 (i) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committee on Environment and 

13 Public Works and the Committee on Foreign 

14 Relations of the Senate; and 

15 (B) the Committee on Energy and Com16 merce and the Committee on Foreign Affairs of 

17 the House of Representatives. 

18 (2) CARBON SINK.—The term ‘‘carbon sink’’ 

19 means a feature or process that absorbs more car20 bon from the atmosphere than it releases. 

21 (3) COVERED ACTIVITY.—The term ‘‘covered 

22 activity’’ means any activity in a foreign country 

23 that, on or after the date of the enactment of this 

24 Act— 


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1 (A) causes, or is likely to cause, significant 

2 excess greenhouse gas emissions associated with 

3 electrical power generation, including— 

4 (i) construction, importation, or ex5 portation of subcritical coal-fired power 

6 plants; or 

7 (ii) any action that significantly un8 dermines, as a result of timing or mag9 nitude, adoption in the country of high-ef10 ficiency, low-carbon, or renewable energy 

11 technology or infrastructure; 

12 (B) causes, or is likely to cause, significant 

13 or illegal deforestation or loss of natural carbon 

14 sinks, including— 

15 (i) establishment of incentives for, or 

16 promotion of, systematic deforestation; 

17 (ii) engagement in, or failure to com18 bat, illegal logging, mining, or ranching; or 

19 (iii) unjust actions that limit or cir20 cumvent opposition to deforestation by in21 dividuals seeking to protect the environ22 ment, public health, or community land 

23 rights; or 

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1 uct, including misrepresenting the amount of 

2 greenhouse gas emissions associated with the 

3 project, investment, or product, in the context 

4 of— 

5 (i) assessments conducted by multilat6 eral organizations, national governments, 

7 or investors; or 

8 (ii) public efforts to gain market ad9 vantage based on purported environmental 

10 advantages of a product. 

11 (4) DEFORESTATION.—The term ‘‘deforest12 ation’’ means a loss of natural forest resulting from 

13 the whole or partial conversion of natural forest to— 

14 (A) agriculture or another non-forest land 

15 use; or 

16 (B) a tree plantation. 

17 (5) KNOWINGLY.—The term ‘‘knowingly’’, with 

18 respect to conduct, a circumstance, or a result, 

19 means that a person has actual knowledge, or should 

20 have known, of the conduct, the circumstance, or the 

21 result. 

22 (6) FOREIGN PERSON.—The term ‘‘foreign per23 son’’ means a person that is not a United States 

24 person. 


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1 (7) SUBCRITICAL COAL-FIRED POWER PLANT.— 

2 The term ‘‘subcritical coal-fired power plant’’ means 

3 a coal-fired power plant with carbon intensity equal 

4 to or greater than 880 kilograms of carbon dioxide 

5 per megawatt-hour. 

6 (8) UNITED STATES PERSON.—The term 

7 ‘‘United States person’’ means— 

8 (A) a United States citizen or an alien law9 fully admitted for permanent residence to the 

10 United States; or 

11 (B) an entity organized under the laws of 

12 the United States or of any jurisdiction within 

13 the United States, including a foreign branch of 

14 such an entity. 

15 SEC. 7. ADDITIONAL RESOURCES FOR THE OFFICE OF FOR16 EIGN ASSETS CONTROL. 

17 There are authorized to be appropriated to the Sec18 retary of the Treasury such sums as may be necessary 

19 to support the targeting by the Office of Foreign Assets 

20 Control of persons under this Act and to enhance the abil21 ity of that Office to target persons for the imposition of 

22 sanctions under the Global Magnitsky Human Rights Ac23 countability Act (subtitle F of title XII of Public Law 

24 114–328; 22 U.S.C. 2656 note). 

Æ 


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