Sec. 5. Transform, Heal, and Renew by Investing in a Vibrant Economy (THRIVE) qualified investment programs
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The President shall establish and carry out a program under which the President shall provide public support in accordance with this Act to implementing entities to carry out 1 or more qualified investment programs certified by the President, in consultation with the Board, under subsection (d). As a condition of receiving public support under this section, an implementing entity shall agree to carry out each applicable qualified investment program— pursuant to a contract or agreement with the administering agency; and subject to oversight by— the administering agency; and the President, in consultation with the Board.
There are authorized to be appropriated to the President to carry out the program under this section such sums as are necessary, but not less than $1,000,000,000,000, for each of fiscal years 2022 through 2032. In selecting implementing entities to receive public support under this section, the President shall ensure that, in the aggregate, the qualified investment programs funded under this section will enable— the creation and support of not fewer than 15,500,000 family-sustaining jobs; the achievement of— full employment; and economic security for all individuals; the meaningful and measurable counteraction of racial, ethnic, Indigenous, gender, and other social, economic, and environmental injustices; by not later than December 31, 2025, 100 percent of all newly constructed buildings in the United States (including territories) to be zero-emission buildings; a rapid transition to ensure— 100 percent of all new vehicles purchased in the United States (including territories) are zero-emission vehicles; and the deployment of a nationwide network of zero-emission vehicle infrastructure; by not later than December 31, 2030, the majority of the population of the United States (including territories) to reside within walking distance of frequent, high-quality, affordable, clean energy-powered or zero-emission public transit and bikeable and walkable transportation infrastructure to reduce emissions from the transportation sector; by not later than December 31, 2035, the achievement of 100-percent clean energy generation throughout the United States (including territories), with priority given to deployment of renewable energy; and by not later than December 31, 2035, the conversion of all school buses in operation in the United States as of that date (including diesel school buses) to zero-emission school buses.
The President shall establish a process under which the President, in consultation with the Board, may certify, in accordance with this section, an existing or new Federal spending program that is the subject of a nomination under paragraph
(2)as a qualified investment program. The process under clause
(i)shall include a process for precertification by the President of existing Federal spending programs as qualified investment programs, if the President determines that the existing Federal spending programs are consistent with the policy goals described in section 2(b). Not later than 60 days after the date of enactment of this Act, the President, in coordination with the Director of the Office of Management and Budget, the Chairperson of the Council on Environmental Quality, and the White House Domestic Climate Advisor, shall establish an expedited process to provide interim certification of appropriate existing Federal spending programs as qualified investment programs for receipt of public support under this section to enable the rapid disbursal of funds urgently needed for economic recovery. The expedited process established under clause
(i)shall include an expedited process for nomination by interested Federal departments and agencies, Indian Tribes, stakeholders, and members of the public of existing Federal spending programs for interim certification under this subparagraph. The criteria described in subsection
(d)shall apply to the expedited process established under clause (i). Not later than 240 days after the date of enactment of this Act, any interested Federal department or agency, Indian Tribe, stakeholder, or member of the public may submit to the President and the Board a nomination of an existing or new Federal spending program for certification as a qualified investment program under this subsection. The President may not certify a Federal spending program as a qualified investment program under this subsection unless the Federal spending program is the subject of a nomination submitted under subparagraph (A). Not later than 300 days after the date of enactment of this Act, for each Federal spending program nominated under paragraph (2), the President, in consultation with the Board, shall— determine whether the Federal spending program— achieves compliance with the applicable criteria described in subsection (d); and includes or establishes an environmental justice screening in accordance with subparagraph (B), for the purpose of preventing projects from concentrating pollution and disproportionate health and economic burdens on impacted communities; and on making a positive determination under each of subclauses
(I)and
(II)of clause (i)— approve the nomination of the Federal spending program under paragraph (2); and certify the Federal spending program as a qualified investment program for purposes of this Act. An environmental justice screening under subparagraph (A)(i)(II) shall include an evaluation, over the lifecycle of the applicable Federal spending program, of— lifecycle greenhouse gas emissions under the Federal spending program, including direct, indirect, and supply chain emissions, taking into consideration materials and operations; the cumulative toxic pollution emitted under the Federal spending program; resource depletion caused by the Federal spending program; the biodiversity and climate change impacts of the Federal spending program; and the lifecycle social and cultural impacts of the Federal spending program. Each determination of the President under subparagraph
(A)relating to a Federal spending program shall be published in the Federal Register, together with the rationale of the President and the Board for approving or disapproving the nomination of the Federal spending program. The President shall distribute to implementing entities the amounts made available to carry out this section, on an equitable basis pursuant to paragraph (5)— as soon as practicable for each qualified investment program for which an interim certification is provided under the expedited process under paragraph (1)(B); and by not later than 1 year after the date of enactment of this Act for each qualified investment program certified under paragraph (3). In distributing amounts under paragraph (4), the President, in consultation with the Board, shall collaborate with the head of each administering agency to ensure that— of the total amount of public support provided under this Act for qualified investment programs under the jurisdiction of the administering agency, not less than 50 percent shall be invested in impacted communities in a meaningful and measurable manner, subject to the condition that the public support shall be distributed— proportionately, and with priority given to communities that have been disenfranchised from generational wealth— to repair past harm; and to advance equity; and based on a mandatory equity assessment— to identify potential disproportionate impacts; and to support more equitable outcomes of— investments; and programs, plans, regulations, and operational decisions; the public support provided to the administering agency under this Act shall be equitably distributed across all States, based on population size and poverty level, subject to the condition that the shares of funding for each of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States shall be— not less than proportional to the population of that jurisdiction; and responsive to the unique and specific challenges faced by the residents of those jurisdictions; and Tribal, State, and local units of government shall be adequately funded to develop, administer, service, support, and monitor qualified investment programs, as applicable, to ensure that no unfunded mandate is imposed on those governments. The President shall establish such criteria as the President determines to be appropriate, in accordance with paragraphs
(2)through
(4)and taking into consideration the proposed criteria developed by the Board under section 4(c)(1), for— the precertification of existing Federal spending programs under subsection (c)(1)(A)(ii); and the certification of new Federal spending programs and existing Federal spending programs that receive precertification under subsection (c)(1)(A)(ii) as qualified investment programs under subsection (c)(3), if the Federal spending programs— are consistent with the policy goals described in section 2(b); and achieve compliance with, as applicable— the investment requirements described in paragraph (2); the high-road labor, equity, and environmental conditions described in paragraph (3); and the prohibitions described in paragraph (4). To be eligible for certification as a qualified investment program under subsection (c), a Federal spending program shall invest in 1 or more of the following: Upgrades to inadequate infrastructure and infrastructure operations to expand access to— pollution-free, renewable, and affordable energy, including wind and solar energy; transportation; high-speed broadband internet; or drinking water and wastewater, particularly for public systems. Support of care workers and social infrastructure, by— rebuilding vital public services; strengthening social infrastructure to address, mitigate, and adapt to crises; or expanding the low-carbon public health care infrastructure of the United States, including through investment in— hospitals; public or Tribal schools; child care; home care or elder care; mental health care; care workers; expanding access to quality, secure, affordable health care and homes; or increasing jobs, employment protection, wages, and benefits for historically underpaid, unpaid, and undervalued care workers. Expanded access to housing, without displacing existing residents or community-serving entities, by— investing in housing by modernizing and retrofitting homes, schools, offices, industrial buildings, and apartment buildings, including tenant-owned and community-owned properties— to decrease pollution; and to maintain affordability by decreasing costs to low-income communities and Indigenous communities; ensuring an increase in accessible units for individuals with disabilities and chronic illnesses; or mitigating and adapting to extreme weather impacts. Supporting ecosystems, by— protecting and restoring biodiversity or natural habitat, including wetlands, forests, prairies, deserts, aquifers, groundwater, public land, and Indian land; remediating pollution in impacted communities, including— Superfund sites on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of that Act ( 42 U.S.C. 9605(a)(8)(B) ); brownfield sites (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); and abandoned fossil fuel infrastructure; or ensuring sustainable resource use. Supporting agriculture, by— creating opportunities for family, Indigenous, and Black farmers and ranchers, rural communities, and urban agriculture, including by disentangling the hyperconsolidated food supply chain; supporting agroecology; supporting regenerative agriculture; or investing in local and regional food systems that support farmers, agricultural workers, healthy soil, and climate resilience. Developing and transforming the industrial base of the United States, while creating high-skill, high-wage manufacturing jobs and nonextractive, nature-based jobs and opportunities for locally and Tribally owned businesses throughout the United States, including by— expanding manufacturing of clean technologies; reducing industrial pollution; and prioritizing domestic production for an investment described in clause
(i)or (ii). To be eligible for certification as a qualified investment program under subsection (c), a Federal spending program shall achieve compliance with, as applicable, the following high-road labor, equity, and environmental conditions: Increase the power of workers to oppose inequality by— ensuring that no investment made under the Federal spending program degrades the quality of jobs or obstructs the right of workers— to form or join a labor organization; to bargain collectively over terms and conditions of employment; or to engage in other concerted activities for mutual aid or protection; creating quality jobs that provide— family-sustaining job benefits and wages equal to not less than the greater of— $15 per hour; and the prevailing wage for jobs of a similar nature; the right of workers to form or join a labor organization and engage in collective bargaining, free of harassment and intimidation; child care support; not fewer than 84 days per calendar year of paid family leave; not fewer than 14 days per calendar year of paid sick leave; not fewer than 14 days per calendar year of paid vacation; robust worker safety standards; and the right of workers to not be disciplined or discharged except for just cause; including all affected care workers and agricultural workers in worker protections and investments under the Federal spending program; advancing principles and policies that ensure or support— more effective and timely remedies in cases in which employers interfere with the rights of workers; expanded freedom for workers to organize without employer interference; requiring employers to submit to interest arbitration for purposes of establishing an initial collective bargaining agreement following the initial certification or recognition of a collective bargaining representative in any case in which, after a reasonable period, collective bargaining fails to produce an initial collective bargaining agreement; allowing collective bargaining agreements covering private-sector workers to include agency shop agreements, subject to the condition that those agreements shall be valid and enforceable, notwithstanding— section 14(b) of the National Labor Relations Act ( 29 U.S.C. 164(b) ); or any applicable State or territorial law; protecting strikes and other concerted worker activities, including by prohibiting permanent replacement of striking workers; and expansion of organizing and bargaining rights for workers; with respect to the engagement of employers by the Federal spending program— avoiding the use of any employer that— misclassifies employees as independent contractors; or seeks to use a corporate structure to hinder collective bargaining on a companywide, regional, or national basis; and giving preference to the use of any employer that recognizes, and agrees to collectively bargain with, any labor organization that obtains written authorization from a majority of employees in any appropriate bargaining unit stating that the employees wish to be represented by the labor organization; using project labor agreements or community workforce agreements, where appropriate; supporting domestic job creation by applying and fortifying domestic content standards, such as the standards under chapter 83 of title 41, United States Code (formerly known as the Buy American Act ), including among contractors and subcontractors of a primary employer; creating pathways of opportunity, particularly for priority groups described in subparagraph (B), including by supporting— community benefits agreements; local hire standards; high-road training partnerships; and access to registered apprenticeship and preapprenticeship programs in communities of all sizes across the United States; and where appropriate, using the rescission of a contract under the Federal spending program as an enforcement mechanism in any case in which an employer engaged by the Federal spending program has violated— a provision of an applicable contract; or a Federal labor or employment law (including regulations). Invest in historically underserved communities and impacted communities, to increase the power of those communities and counteract racial, ethnic, gender, and other social and economic injustices by— ensuring no investment made under the Federal spending program— damages such a community; or reduces the ability of residents, businesses, and institutions of the community to live and operate with equity and dignity; ensuring that those communities have— the ability to democratically plan, implement, and administer projects under the Federal spending program, where applicable, including through partnership with, and oversight by, community residents, scholars, and community-based organizations; and meaningful involvement in the implementation and governance of proposed activities under the Federal spending program; including a mandatory equity assessment to identify potential disproportionate impacts and support more-equitable outcomes of investments, programs, plans, regulations, and operational decisions; addressing historic discriminatory practices in hiring, investment, and procurement by prioritizing local and equitable hiring and contracting that creates opportunities for priority groups described in subparagraph (B), including a requirement to hire and contract with members of those priority groups at a rate that is not less than twice the average rate reflected in the industry standard of that hiring; including specific fair hire provisions, including those similar to Ban the Box provisions, that support traditionally marginalized workers; increasing equitable public education opportunities by including career and technical education pathways that prepare youth (especially youth who are members of historically marginalized communities or impacted communities) for high-quality jobs, including access to quality workforce training and registered apprenticeships; ensuring that any investment made under the Federal spending program to upgrade a building does not displace any existing resident or community-serving entity occupying the building; and investing in the creation of new low- or zero-emission public housing and affordable housing, including through community land trusts; centering and uplifting historically underserved communities, impacted communities, and workers located in rural areas, including by developing provisions— to improve the status of impacted agricultural producers and workers; and for Federal spending programs carried out by the Department of Agriculture, to end the systematic mistreatment of those producers and workers by the Department; directing funds to support, create, and provide debt relief, where appropriate, to community-owned and operated organizations, including— electric cooperatives; worker-owned cooperatives engaging in sustainability initiatives; community land trusts; and publicly owned or community-owned entities, including— not-for-profit public power utilities; not-for-profit public water utilities; and tribally owned or operated utilities; and directing funds to support and diversify local economies and create opportunities for entrepreneurship. Heal and reinforce the nation-to-nation relationship between the United States and Indian Tribes by— carrying out the responsibilities of the administering agency described in section 6(b); preserving and protecting sacred and cultural sites of significance to Indian Tribes and Indigenous communities in carrying out the Federal spending program; providing significantly expanded funding to Indian Tribes and Indigenous communities for recovery and relief with respect to establishing sustainable economies and jobs based on the principle known as Indigenous Just Transition ; prioritizing investments in Tribal and local community-based projects that contribute to— improved infrastructure, health care, clean water, and sanitation; food sovereignty and agroecological farming; housing, with significantly expanded investments in local and community-based housing; and renewable energy; providing equitable funding for environmental and ecosystems management, clean-up, and remediation of contaminated and hazardous sites on and near Indian land, including Federal and State land located near Indian land or Indigenous communities; addressing Tribal housing needs by— significantly expanding funding to meet housing and community development needs on Indian land, including needs relating to health, water, and sanitation; advancing the goals of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq.); and allowing for innovative and alternative community-based housing programs based on traditional Indigenous design, the use of local natural materials, and localized training and employment; and adequately and equitably addressing violence against Indigenous women, Indigenous trans women and femmes, and Indigenous children, in a manner that is inclusive of the inherent authority of Indian Tribes with respect to that violence. Combat environmental injustice and ensure healthy lives for all individuals by— promoting and including meaningful involvement by impacted communities, particularly the most vulnerable environmental justice communities, in the implementation and governance of proposed programs and expenditures in a manner that aligns and is consistent with the principles entitled Jemez Principles for Democratic Organizing and dated December 1996; holding polluting corporations accountable by establishing penalties and liabilities for historic, persistent, and concentrated pollution in environmental justice communities in a manner that ensures that the costs of those penalties and liabilities are not passed through to ratepayers, consumers, or workers; prioritizing investment in remediation of polluted sites located in environmental justice communities, including— Superfund sites on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of that Act ( 42 U.S.C. 9605(a)(8)(B) ); brownfield sites (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); abandoned mines and factories; and retired fossil fuel, defense, and nuclear energy sites; reducing toxic pollution at the source and fortifying the regulation and accounting of the cumulative health impacts of toxic pollution; developing provisions to increase equitable access to public health resources in historically underserved communities (including rural communities) and impacted communities; and recognizing the disproportionate burden of health impacts in historically underserved communities (including rural communities) and impacted communities and the historic disinvestment in public health resources, including public hospitals, mental health services, care worker services, and other facilities and services in those communities. Avert additional climate and environmental catastrophe by— ensuring that the Federal spending program supports the emissions reductions necessary— to maintain an increase in global temperature due to global warming of less than 1.5 degrees Celsius; and to achieve the targets described in subsection (b); ensuring that the Federal spending program will not expand— the extraction, processing, or use of fossil fuels or uranium at any level of the supply chain; the use of emissions offsets; geoengineering; or the use of any other energy source that would not pass the environmental justice screening described in subsection (c)(3)(B); investing in— the protection of ecosystems and biodiversity; and the sustainable use of natural resources; requiring the use of climate-resilient designs for infrastructure and low-emissions operations, as applicable; requiring that materials shall be produced with high standards for environmental sustainability, including— technologically feasible limits on embodied greenhouse gas emissions; restrictions on toxic pollution; and requirements for sustainable resource use and the protection of ecosystems and biodiversity; requiring that materials and appliances meet high environmental performance standards, including standards relating to energy efficiency and climate resilience; ensuring that environmental standards apply across the international supply chain; and supporting public and community-based services and actions for increased mitigation of, and adaptation to, the impacts of climate change, particularly in communities vulnerable to climate impacts, including flooding, storms, fires, sea-level rise, extreme heat or cold, and other impacts. Ensure fairness for workers and communities affected by economic transitions by directing funding and support— to displaced workers, including by providing— wage and benefit replacement for a period of not less than 5 years; housing assistance; fully funded pensions; support for crisis, trauma, and early retirement; skills training; education; and equitable job placement; to cover local budget shortfalls due to the closure of facilities or a decline in economic activity; to economic development and diversification in communities affected by economic transitions, including to address historic injustices, as determined by community- and worker-led planning processes; to ensure adequate physical and social infrastructure and services in economically transitioning communities, including— public health services; social services; child care and dependent adult care; and broadband internet investment; and to the reorganization, conversion, reclamation, and remediation of closed and abandoned facilities and sites. Reinvest in public institutions that enable all communities and workers to thrive by— preventing privatization of— any public land, water, or natural resource; or existing public sector jobs; prioritizing public educational institutions as centers of innovation and pathways to green collar jobs through investments in vocational and technical education in public schools, trade schools, and community colleges that connect to labor organization apprenticeship and other high-road jobs; directing funding to support and expand public health care systems, public education, and other public services at the State and local levels to address the health, environmental, and socioeconomic impacts of climate crises, especially in impacted communities, including by supporting— climate mitigation efforts and resilience; and access to nature; and directing funding to institutional reforms that reorganize the process of Federal decisionmaking regarding the allocation of funds to make government investments more coordinated, effective, accountable to impacted communities, and appropriate to respond to the full scale of the major challenges expected to occur during the period of calendar years 2022 through 2032. Compliance with, as applicable— the labor, equity, and environmental provisions described in Senate Resolution 43, 117th Congress, introduced on February 8, 2021; and such additional, specific labor, equity, and environmental conditions as are required to make the resolution described in subclause
(I)operable, as determined by the President, based on the advice of the Board under section 4(c)(1)(B). A priority group referred to in subparagraph
(A)is any group comprised of low-income and low-wealth individuals, subject to the condition that highest priority shall be given to a group comprised of low-income and low-wealth individuals who have been excluded from economic opportunities, including individuals who are— members of impacted communities; members of any other groups that have historically experienced discrimination on the basis of race, gender, national origin, or ethnicity (including Black, Indigenous, Latinx, Arab, Asian, and Pacific Islander communities); immigrants to the United States (regardless of immigration status); formerly incarcerated individuals; women; LGBTQIAP+ individuals; individuals with disabilities or chronic illness; young or elderly; young adults exiting the foster care system; and unhoused individuals. To be eligible for certification as a qualified investment program under subsection (c), a Federal spending program shall not— exacerbate any racial, Indigenous, gender, or income disparity; privatize any public infrastructure, service, land, water, or natural resource; violate human rights; destroy any ecosystem; decrease labor organization density or membership; in any investment made under the Federal spending program to upgrade a building, displace any resident or community-serving entity occupying the building; or invest or participate in the use of emissions offset or geoengineering programs. The President, in consultation with the Board, shall monitor qualified investment programs that receive public support under this section to ensure that each qualified investment program— contributes to the policy goals described in section 2(b); and continues to achieve compliance with all applicable high-road labor, equity, and environmental conditions under subsection (d)(3). The President shall revoke any public support provided under this section for a qualified investment program if the President determines that the qualified investment program— fails to achieve compliance with subparagraph
(A)or
(B)of paragraph (1); or displaces workers or depresses wages or benefits due to increased costs associated with participating in the public support program under this section.
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Sec. 5
Transform, Heal, and Renew by Investing in a Vibrant Economy (THRIVE) qualified investment programs
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