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 Com-
mittee on Foreign Affairs, and in addition to the Committees on the Ju-
diciary, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Targeting Environ-
mental and Climate Recklessness Act of 2021’’. 
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SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Climate change is imposing significant dam-
age on communities in the United States and abroad 
in the form of severe weather events, wildfires, heat 
waves, droughts, flooding, ocean acidification, and 
other threats to public health and safety. Scientists 
expect these effects to grow in frequency and inten-
sity in the coming decades. Low-income communities 
and communities of color bear a disproportionate 
impact of climate-related damages. 
(2) Collectively, the international community 
needs to limit global warming to under 2.7 degrees 
Fahrenheit above pre-industrial levels in order to 
avoid the most catastrophic effects of climate 
change. Under the current trajectory, the world will 
fail to meet this target and will experience warming 
that exceeds 3 degrees Celsius by the end of the cen-
tury. In many regions of the world, warming of aver-
age temperatures has already surpassed 3 degrees 
Fahrenheit. 
(3) To limit global warming to under 1.5 de-
grees Celsius above pre-industrial levels, the world 
needs to reach net-zero global emissions by 2050, 
which will require making drastic reforms to global 
economic systems to mitigate greenhouse gas emis-
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sions, reduce deforestation, reduce dependency on 
coal, adapt to unavoidable changes in the climate, 
and ensure a just transition. 
(4) The goals articulated in the United Nations 
Paris Climate Agreement depend on collective action 
involving 
the 
entire 
international 
community. 
Progress made by one economic actor can be re-
duced or cancelled out if another economic actor 
emits significant greenhouse gas emissions into the 
Earth’s atmosphere. 
(5) Coal produces the highest intensity of 
greenhouse gas emissions of any fuel source. The 
International Energy Agency estimates that coal is 
responsible for nearly 1⁄3 of global warming. The 
United Nations Secretary General has repeatedly 
urged countries to stop financing coal and to pledge 
not to build new coal-fired power plants. 
(6) Subcritical coal-fired power plants continue 
to be developed, especially in Southeast Asia and as 
part of the Belt and Road Initiative of the People’s 
Republic of China, despite broad awareness of the 
dangers and the growing availability of economically 
superior alternatives. Additionally, coal mining is 
frequently associated with a wide range of human 
rights abuses, such as forced evictions and land 
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grabbing, water and air pollution, and violations of 
the rights of indigenous people and workers. 
(7) Alternatives to carbon-intensive electrical 
power generation are now available and technological 
advancements continue to strengthen the economic 
competitiveness of such alternatives. 
(8) Internationally, several economic actors con-
tinue to pursue activities, such as development of 
new subcritical coal-fired power plants and deforest-
ation that contribute to dangerous levels of green-
house gas emissions. In addition to carrying a sig-
nificant climate risk, many of these activities are as-
sociated with serious human rights abuses, acts of 
corruption, and environmental injustice against In-
digenous communities, communities of color, and 
other communities that have historically faced 
marginalization and discrimination. 
(9) The United States Government has devel-
oped and implements targeted measures to restrict 
access to the United States financial system for spe-
cific individuals and entities whose actions threaten 
or run counter to United States national interests. 
The United States Government has deployed these 
measures in response to terrorism, proliferation of 
weapons of mass destruction, transnational orga-
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nized crime, narcotics trafficking, malicious cyber- 
enabled activity, wildlife trafficking, serious human 
rights abuses, and acts of corruption. While Presi-
dent Joseph R. Biden has further centered climate 
solutions in foreign policy, as of the date of the en-
actment of this Act, the United States Government 
has not used these measures to target and deter 
reckless, climate-destroying behavior. 
(10) President Biden has indicated that com-
bating the climate crisis is a top domestic and for-
eign policy priority and has taken steps including 
the creation of a Special Presidential Envoy for Cli-
mate, collaborating with other countries to establish 
worldwide solutions and reduce the impact of climate 
change, striving to achieve a net-zero economy in the 
United States by 2050, producing a plan to end 
international financing for fossil fuel projects, and 
emphasizing the need of pursuing an entirely clean 
energy economy. 
(11) President Biden has made it a priority to 
counter environmental injustices in the United 
States and abroad, and plans on implementing com-
munity-led approaches as well as Federal protections 
and regulations that will support those community 
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members whose land and health have been negatively 
impacted by climate change. 
(12) The climate crisis has led to a surge of 
civic engagement, activism, and protests across the 
world. At the same time, reprisals against environ-
mental defenders are on the rise. Front Line De-
fenders reported that of the 331 human rights de-
fenders killed for their work in 2020, 69 percent 
were killed for speaking up about Indigenous, land, 
or environmental rights. In 2020, Global Witness re-
ported than an average of 4 environmental defenders 
had been killed every week since the Paris Climate 
Agreement was signed in December 2015. Thou-
sands of other environmental defenders are targeted 
each year with reprisals in the form of enforced dis-
appearances, torture, sexual violence, criminaliza-
tion, and smear campaigns. 
(13) As a result of corruption and illegally 
issued permits for forest clearance, only approxi-
mately 50 percent of tropical forest destruction is 
defined as ‘‘illegal’’ under local country laws. Criti-
cally, violations of land rights and the free, prior, 
and informed consent and rights of Indigenous peo-
ple can be overlooked if the only criterion applied is 
legality. 
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(14) Illegal deforestation is a significant driver 
of the destruction of the Amazon rainforest. Crimi-
nal networks with the capacity to coordinate large- 
scale extraction, processing, and sale of timber de-
ploy armed personnel to protect their interests. 
Those criminal networks regularly attack and 
threaten members of Indigenous communities, en-
forcement officials, and other environmental defend-
ers. Perpetrators of such violence are rarely brought 
to justice. 
(15) Policies and measures to address climate 
change must also promote human rights, thereby ad-
vancing equality, justice, and dignity for all, in line 
with the Sustainable Development Goals of the 
United Nations. 
SEC. 3. SENSE OF CONGRESS ON A COMPREHENSIVE AP-
PROACH TO ADDRESSING CLIMATE CHANGE. 
It is the sense of Congress that— 
(1) the targeted measures described in this Act 
are only one component of the comprehensive ap-
proach needed to address climate change and miti-
gate its effects; 
(2) the United States Government must ensure 
through law and regulation that entities in the 
United States are not engaged in or complicit in any 
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of the egregious behaviors for which foreign persons 
may be targeted under this Act; 
(3) the United States Government must fulfill 
its pledges to the Green Climate Fund and promote 
international efforts to support climate change adap-
tation and mitigation; 
(4) the United States Government must work 
proactively with foreign governments, including by 
offering positive incentives, to address climate 
change and to promote economic development in 
ways that do not needlessly increase carbon emis-
sions or increase the risk of corruption; 
(5) the targeted measures described in this Act 
should be employed if engagement has failed to pre-
vent significant actions that exacerbate climate 
change; and 
(6) given broad international support for coun-
tering climate change, the Secretary of State should 
encourage the governments of other countries to im-
plement targeted measures that are similar to the 
provisions of this Act, and the Secretary of the 
Treasury should support implementation of such 
measures, in order to increase the effectiveness of 
actions taken by the United States to combat signifi-
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cant actions that exacerbate climate change, includ-
ing related corruption and human rights violations. 
SEC. 4. SENSE OF CONGRESS ON ENGAGEMENT WITH THE 
PEOPLE’S REPUBLIC OF CHINA. 
It is the sense of Congress that— 
(1) the United States Government should con-
tinue to hold the People’s Republic of China ac-
countable for its human rights abuses, violations of 
international law, coercive and unfair economic prac-
tices, and military aggression, and should do so 
while also pursuing opportunities to cooperatively 
address the existential threat of climate change; 
(2) the United States Government should en-
courage the People’s Republic of China to follow 
through on its stated intentions to reduce the nega-
tive environmental impacts of Chinese foreign invest-
ment, including investments provided through the 
Belt and Road Initiative; 
(3) the United States Government should nego-
tiate a binding agreement to end fossil fuel subsidies 
with major economies including the People’s Repub-
lic of China; 
(4) the United States Government should build 
on the successes of existing engagement with the 
People’s Republic of China through the United 
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States-China Clean Energy Research Center and 
other initiatives to launch new cooperative efforts; 
(5) the United States Government should en-
gage in expanded dialogue with the People’s Repub-
lic of China to ensure that development finance in-
stitutions do not undermine global decarbonization 
efforts; and 
(6) the United States Government should work 
with the People’s Republic of China to develop and 
adopt safeguards to promote low-carbon, climate-re-
silient investments over high-carbon, climate risk-in-
ducing investments, particularly in emerging and de-
veloping economies in the Indo-Pacific, Africa, and 
Latin America. 
SEC. 5. STATEMENT OF POLICY ON APPLICATION OF GLOB-
AL MAGNITSKY SANCTIONS TO CLIMATE- 
LINKED CORRUPTION AND HUMAN RIGHTS 
ABUSES. 
(a) IN GENERAL.—It is the policy of the United 
States to consider— 
(1) any act of corruption related to a covered 
activity (as defined in section 6(i)) to be corruption, 
as that term is used in Executive Order 13818 (50 
U.S.C. 1701 note; relating to blocking the property 
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of persons involved in serious human rights abuse or 
corruption); and 
(2) any violation of internationally recognized 
human rights committed against an individual de-
scribed in subsection (b) to be a serious human 
rights abuse, as that term is used in Executive 
Order 13818. 
(b) INDIVIDUALS DESCRIBED.—An individual de-
scribed in this subsection is an individual who— 
(1) advocates for the protection of the environ-
ment, public health, Indigenous rights, or commu-
nity land rights; 
(2) investigates, exposes, or raises awareness of 
harm or corruption related to natural resource use; 
or 
(3) is obliged to leave the individual’s habitual 
home due, in whole or in part, to sudden or progres-
sive change in the environment that adversely affects 
the individual’s life or living conditions. 
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO SIG-
NIFICANT ACTIONS THAT EXACERBATE CLI-
MATE CHANGE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President should employ the authorities 
provided by this section to prioritize action against, and 
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deterrence of, egregious behaviors that undermine efforts 
to limit the increase in global average temperature to 1.5 
degrees Celsius above pre-industrial levels. 
(b) IN GENERAL.—The President may impose one or 
more of the sanctions described in subsection (c) with re-
spect to any foreign person the President determines, 
based on credible information— 
(1) to be responsible for or complicit in, or to 
have directly or indirectly engaged in, a covered ac-
tivity, including a government official who approves 
or implements policies or acts that serve to promote 
a covered activity; 
(2) to have acted or purported to act for or on 
behalf of, directly or indirectly, any foreign person in 
a matter relating to a covered activity, including for 
or on behalf of a government official described in 
paragraph (1); 
(3) to have materially assisted, sponsored, or 
provided financial, material, or technological support 
for, or goods or services to or in support of, a cov-
ered activity; or 
(4) to be owned or controlled by a foreign per-
son described in paragraph (1). 
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(c) SANCTIONS DESCRIBED.—The sanctions that 
may be imposed with respect to a foreign person under 
subsection (b) are the following: 
(1) INADMISSIBILITY TO UNITED STATES.—In 
the case of a foreign person who is an individual— 
(A) ineligibility to receive a visa to enter 
the United States or to be admitted to the 
United States; or 
(B) if the individual has been issued a visa 
or other documentation, revocation, in accord-
ance with section 221(i) of the Immigration and 
Nationality Act (8 U.S.C. 1201(i)), of the visa 
or other documentation. 
(2) BLOCKING OF PROPERTY.— 
(A) IN
GENERAL.—The blocking, in ac-
cordance with the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.), 
of all transactions in all property and interests 
in property of the foreign person if such prop-
erty and interests in property are in the United 
States, come within the United States, or are or 
come within the possession or control of a 
United States person. 
(B) INAPPLICABILITY OF NATIONAL EMER-
GENCY
REQUIREMENT.—The requirements of 
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section 202 of the International Emergency 
Economic Powers Act (50 U.S.C. 1701) shall 
not apply for purposes of this paragraph. 
(3) OTHER SANCTIONS OPTIONS.—Any of the 
sanctions described in section 235 of the Countering 
America’s Adversaries Through Sanctions Act (22 
U.S.C. 9529). 
(d) CONSIDERATION OF CERTAIN INFORMATION IN 
IMPOSING SANCTIONS.—In determining whether to im-
pose sanctions under subsection (b), the President shall 
consider— 
(1) information provided jointly by the chair-
person and ranking member of each of the appro-
priate congressional committees; and 
(2) credible information obtained by other coun-
tries and nongovernmental organizations that mon-
itor environmental harm or violations of human 
rights. 
(e) REQUESTS
BY APPROPRIATE CONGRESSIONAL 
COMMITTEES.— 
(1) IN
GENERAL.—Not later than 120 days 
after receiving a request that meets the require-
ments of paragraph (2) with respect to whether a 
foreign person has engaged in an action described in 
subsection (a), the President shall— 
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(A) determine if that person has engaged 
in such an action; and 
(B) submit a classified or unclassified re-
port to the chairperson and ranking member of 
the committee or committees that submitted the 
request with respect to that determination that 
includes— 
(i) a statement of whether or not the 
President imposed or intends to impose 
sanctions with respect to the person; and 
(ii) if the President imposed or in-
tends to impose sanctions, a description of 
those sanctions. 
(2) REQUIREMENTS.—A request under para-
graph (1) with respect to whether a foreign person 
has engaged in an action described in subsection (b) 
shall be submitted to the President in writing jointly 
by the chairperson and ranking member of one of 
the appropriate congressional committees. 
(f) EXCEPTIONS.— 
(1) INTELLIGENCE
AND
LAW
ENFORCEMENT 
ACTIVITIES.—Sanctions under this section shall not 
apply with respect to— 
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(A) any activity subject to the reporting 
requirements under title V of the National Se-
curity Act of 1947 (50 U.S.C. 3091 et seq.); or 
(B) any authorized intelligence or law en-
forcement activities of the United States. 
(2) COMPLIANCE WITH UNITED NATIONS HEAD-
QUARTERS
AGREEMENT.—This section shall not 
apply with respect to the admission of an individual 
to the United States if the admission of the indi-
vidual is necessary to comply with United States ob-
ligations under the Agreement between the United 
Nations and the United States of America regarding 
the Headquarters of the United Nations, signed at 
Lake Success June 26, 1947, and entered into force 
November 21, 1947, under the Convention on Con-
sular Relations, done at Vienna April 24, 1963, and 
entered into force March 19, 1967, or under other 
international obligations of the United States. 
(3) EXCEPTION RELATING TO IMPORTATION OF 
GOODS.— 
(A) 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 goods. 
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(B) GOOD DEFINED.—In this paragraph, 
the term ‘‘good’’ means any article, natural or 
man-made substance, material, supply or manu-
factured product, including inspection and test 
equipment, and excluding technical data. 
(g) IMPLEMENTATION; PENALTIES.— 
(1) IMPLEMENTATION.—The President may ex-
ercise all authorities provided under sections 203 
and 205 of the International Emergency Economic 
Powers Act (50 U.S.C. 1702 and 1704) to carry out 
this section. 
(2) PENALTIES.—A person that violates, at-
tempts to violate, conspires to violate, or causes a 
violation of this section or any regulation, license, or 
order issued to carry out this section shall be subject 
to the penalties set forth in subsections (b) and (c) 
of section 206 of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1705) to the same ex-
tent as a person that commits an unlawful act de-
scribed in subsection (a) of that section. 
(h) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, and annually 
thereafter, the Secretary of Energy, in consultation with 
the Secretary of State and the Administrator of the Envi-
ronmental Protection Agency, shall submit to the appro-
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priate congressional committees a report that includes a 
list of each activity in a foreign country that— 
(1) is initiated or negotiated in the year pre-
ceding submission of the report; and 
(2) the Secretary determines is a covered activ-
ity, regardless of whether sanctions have been im-
posed with respect to the activity. 
(i) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Environment and 
Public Works and the Committee on Foreign 
Relations of the Senate; and 
(B) the Committee on Energy and Com-
merce and the Committee on Foreign Affairs of 
the House of Representatives. 
(2) CARBON
SINK.—The term ‘‘carbon sink’’ 
means a feature or process that absorbs more car-
bon from the atmosphere than it releases. 
(3) COVERED
ACTIVITY.—The term ‘‘covered 
activity’’ means any activity in a foreign country 
that, on or after the date of the enactment of this 
Act— 
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(A) causes, or is likely to cause, significant 
excess greenhouse gas emissions associated with 
electrical power generation, including— 
(i) construction, importation, or ex-
portation of subcritical coal-fired power 
plants; or 
(ii) any action that significantly un-
dermines, as a result of timing or mag-
nitude, adoption in the country of high-ef-
ficiency, low-carbon, or renewable energy 
technology or infrastructure; 
(B) causes, or is likely to cause, significant 
or illegal deforestation or loss of natural carbon 
sinks, including— 
(i) establishment of incentives for, or 
promotion of, systematic deforestation; 
(ii) engagement in, or failure to com-
bat, illegal logging, mining, or ranching; or 
(iii) unjust actions that limit or cir-
cumvent opposition to deforestation by in-
dividuals seeking to protect the environ-
ment, public health, or community land 
rights; or 
(C) knowingly misrepresents the environ-
mental impact of a project, investment, or prod-
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uct, including misrepresenting the amount of 
greenhouse gas emissions associated with the 
project, investment, or product, in the context 
of— 
(i) assessments conducted by multilat-
eral organizations, national governments, 
or investors; or 
(ii) public efforts to gain market ad-
vantage based on purported environmental 
advantages of a product. 
(4) DEFORESTATION.—The term ‘‘deforest-
ation’’ means a loss of natural forest resulting from 
the whole or partial conversion of natural forest to— 
(A) agriculture or another non-forest land 
use; or 
(B) a tree plantation. 
(5) KNOWINGLY.—The term ‘‘knowingly’’, with 
respect to conduct, a circumstance, or a result, 
means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result. 
(6) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person. 
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