THRIVE Act
Bill: S.1525 | Sponsor: Sen. Markey, Edward J. (D-MA)
Policy area: Economics and Public Finance

Summary:
Transform, Heal, and Renew by Investing in a Vibrant Economy Act or the THRIVE Act
This bill establishes a program to address the economy, racial justice, and climate change.
The President must establish a board to advise the President and the heads of federal departments and agencies regarding the implementation of this bill. The President, in consultation with the board, must establish a 10-year plan to create a society that enables and supports
In addition, the President, in consultation with the board, must implement a program that provides support to public or private entities that carry out qualified programs. The programs must meet certain labor, equity, and environmental conditions and support

To establish a Federal agenda to transform, heal, and renew the United 
 States by investing in a vibrant economy, to provide funds to certain 
   Federal investment programs that meet related labor, equity, and 
            environmental standards, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transform, Heal, and Renew by 
Investing in a Vibrant Economy Act'' or the ``THRIVE Act''.

SEC. 2. PURPOSE; POLICY GOALS; AGENDA.

    (a) Purpose.--The purpose of this Act is to mobilize Federal 
efforts to respond, in a manner that is bold and holistic, to the 
urgent concurrent crises of racial injustice, the undermining of Tribal 
sovereignty, mass unemployment and economic inequality, the Coronavirus 
Disease 2019 pandemic, and climate change by establishing a national 
agenda to transform, heal, and renew the United States to create a 
society that enables and supports--
            (1) greater racial, Indigenous, gender, environmental, and 
        economic justice;
            (2) dignified work opportunities;
            (3) healthy communities;
            (4) a stable climate; and
            (5) healthy ecosystems.
    (b) Policy Goals.--It is the policy of the United States--
            (1) to create and sustain millions of good, safe, family-
        sustaining jobs with appropriate access to labor organizations;
            (2) to increase the power of workers to fight inequality in 
        the workplace;
            (3) to invest in historically underserved and impacted 
        communities, including Black, Tribal, Indigenous, Latinx, Arab, 
        Asian, and Pacific Islander communities, to increase the 
        capacity of those communities to counteract racial, ethnic, 
        gender, and other social and economic injustices;
            (4) to strengthen and heal the nation-to-nation 
        relationship between the United States and sovereign Indian 
        Tribes;
            (5) to combat environmental injustice and ensure healthy 
        lives for all people;
            (6) to avert further climate and environmental catastrophe;
            (7) to ensure fairness for workers and communities affected 
        by economic transitions; and
            (8) to reinvest in public sector institutions that enable 
        workers and communities to thrive.
    (c) Agenda.--
            (1) Establishment.--Not later than 120 days after the date 
        of enactment of this Act, the President, in consultation with 
        the Board, shall establish a 10-year plan, to be known as the 
        ``Agenda to Transform, Heal, and Renew by Investing in a 
        Vibrant Economy'', in accordance with which the purpose and 
        policy goals described in subsections (a) and (b), 
        respectively, shall be achieved.
            (2) Submission.--The agenda established under paragraph (1) 
        shall be submitted to--
                    (A) the National Economic Council; and
                    (B) the Office of Management and Budget for 
                inclusion in each annual budget request submitted to 
                Congress under section 1105 of title 31, United States 
                Code, during the 10-year period covered by the agenda.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administering agency.--The term ``administering 
        agency'' means a Federal department or agency with 
        administrative jurisdiction over a qualified investment 
        program.
            (2) Board.--The term ``Board'' means the Transform, Heal, 
        and Renew by Investing in a Vibrant Economy Recovery Board 
        established under section 4(a).
            (3) Care worker.--The term ``care worker'' means any 
        individual who provides paid or unpaid child care or dependent 
        adult care, including--
                    (A) a domestic worker;
                    (B) a health care worker;
                    (C) a home health aide; and
                    (D) a nanny.
            (4) Environmental justice community.--
                    (A) In general.--The term ``environmental justice 
                community'' means a low-income or low-wealth community 
                facing environmental injustice.
                    (B) Inclusions.--The term ``environmental justice 
                community'' includes any community that, as determined 
                by the Board, in consultation with the White House 
                Environmental Justice Advisory Council and the National 
                Environmental Justice Advisory Council--
                            (i) is located nearest to an existing area 
                        of grave environmental pollution and 
                        degradation;
                            (ii) bears a burden of negative public 
                        health effects of pollution;
                            (iii) includes 1 or more sites of--
                                    (I) a facility that is a part of a 
                                polluting industry;
                                    (II) a waste dump; or
                                    (III) a facility for resource 
                                extraction;
                            (iv) experiences a high incidence of 
                        climate change impacts and extreme weather 
                        disasters;
                            (v) has been excluded or harmed by racist 
                        or discriminatory policies that have resulted 
                        in economic or health disparities;
                            (vi) has a land-based or food subsistence 
                        culture that is experiencing ecosystem 
                        disruption and devastation;
                            (vii) faces relocation and resettlement 
                        resulting from--
                                    (I) climate change;
                                    (II) impacts to the environment and 
                                ecosystems; or
                                    (III) impacts associated with 
                                economic inequities; or
                            (viii) is an Indigenous community.
            (5) Equity assessment.--The term ``equity assessment'', 
        with respect to an investment, program, plan, regulation, or 
        operational decision, mean an assessment (which may include the 
        assignment of an equity score)--
                    (A) to evaluate the social, economic, and 
                environmental impacts of the investment, program, plan, 
                regulation, or decision on--
                            (i) impacted communities; and
                            (ii) environmental justice communities; and
                    (B) the goals of which are--
                            (i) to address historic inequality;
                            (ii) to ensure an equitable outcome;
                            (iii) to prevent further concentration of 
                        pollution in areas experiencing an already high 
                        concentration of a pollutant or other toxic 
                        substance; and
                            (iv) to minimize inadvertent 
                        disproportionate social, economic, and 
                        environmental effects of the investment, 
                        program, plan, regulation, or decision.
            (6) Family-sustaining job.--The term ``family-sustaining 
        job'' means an employment opportunity that provides an 
        individual with a wage that is sufficient to cover necessary 
        expenses for the family of the individual, such as food, 
        medical care, child care, housing, and transportation, without 
        requiring reliance by the family on financial assistance from 
        any other source.
            (7) Federal spending program.--The term ``Federal spending 
        program'' means any program, project, or other activity--
                    (A) carried out by, or pursuant to a contract with, 
                a Federal department or agency; and
                    (B) for which Federal funds are made available.
            (8) High-road labor, equity, or environmental condition.--
        The term ``high-road labor, equity, or environmental 
        condition'' means any condition on the provision of Federal 
        funding for a qualified investment program, as established by 
        the President, based on advice of the Board, under section 
        5(d)(3)(A).
            (9) Impacted community.--
                    (A) In general.--The term ``impacted community'' 
                means a community that is harmed by environmental, 
                economic, or socioeconomic injustice.
                    (B) Inclusions.--The term ``impacted community'' 
                includes--
                            (i) an environmental justice community; and
                            (ii) a community that, as determined by the 
                        Board, in consultation with the White House 
                        Environmental Justice Advisory Council and the 
                        National Environmental Justice Advisory 
                        Council--
                                    (I) has a high concentration of 
                                low-income and low-wealth households, 
                                including households comprised 
                                primarily of members of 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); or
                                    (II) faces economic transition, 
                                deindustrialization, historic 
                                underinvestment, and poverty.
            (10) Implementing entity.--The term ``implementing entity'' 
        means any public or private entity (including any Federal, 
        Tribal, State, or local agency and any firm, supplier, or 
        subcontractor throughout the supply chain) that carries out a 
        qualified investment program using public support.
            (11) Indian tribe.--The term ``Indian Tribe'' means an 
        Indian or Alaska Native tribe, band, nation, pueblo, village, 
        or community that the Secretary of the Interior acknowledges to 
        exist as an Indian Tribe pursuant to the Federally Recognized 
        Indian Tribe List Act of 1994 (25 U.S.C. 5130 et seq.).
            (12) Indigenous community.--The term ``Indigenous 
        community'' means--
                    (A) an Indian Tribe;
                    (B) a Native Hawaiian organization;
                    (C) a State-recognized Indian tribe;
                    (D) any reservation-based, urban Indigenous, or 
                intertribal community, group, organization, or 
                coalition; and
                    (E) an Alaska Native village.
            (13) Public support.--
                    (A) In general.--The term ``public support'' means 
                any financial or in-kind contribution provided by the 
                President under section 5 for the administration, 
                development, or implementation of a qualified 
                investment program carried out under this Act.
                    (B) Inclusions.--The term ``public support'' 
                includes--
                            (i) technical support;
                            (ii) grants;
                            (iii) loans;
                            (iv) investments; and
                            (v) equity stakes.
            (14) Qualified investment program.--The term ``qualified 
        investment program'' means any Federal spending program 
        certified by the President pursuant to section 5(c).
            (15) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.

SEC. 4. THRIVE RECOVERY BOARD.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the President shall establish an advisory board, 
to be known as the ``Transform, Heal, and Renew by Investing in a 
Vibrant Economy Recovery Board'', to advise the President and the heads 
of appropriate Federal departments and agencies regarding the 
implementation of this Act.
    (b) Membership.--
            (1) Composition.--The Board shall be composed of 20 members 
        who, as determined by the President--
                    (A) provide diverse and fair representation from--
                            (i) impacted communities;
                            (ii) allies identified by impacted 
                        communities;
                            (iii) Indigenous communities; and
                            (iv) labor organizations; and
                    (B) are qualified, through education, training, and 
                experience, to evaluate information relating to matters 
                referred to the Board.
            (2) Appointment.--
                    (A) In general.--The members of the Board shall be 
                appointed by the President from among individuals 
                recommended by interested individuals and entities.
                    (B) Prohibition.--A member of the Board may not be 
                an employee or former employee of the Federal 
                Government.
            (3) Term; vacancies.--
                    (A) Term.--A member of the Board--
                            (i) shall be appointed to serve the Board 
                        for an initial term of 3 years; and
                            (ii) may be reappointed to serve not more 
                        than 1 additional term of not longer than 3 
                        years.
                    (B) Vacancies.--A vacancy on the Board--
                            (i) shall not affect the powers of the 
                        Board; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
            (4) Chairperson.--The Board shall select a chairperson from 
        among the members of the Board.
            (5) Initial meeting.--Not later than 14 days after the date 
        on which all members of the Board have been appointed, the 
        Board shall hold the initial meeting of the Board.
            (6) Meetings.--The Board shall meet at the call of the 
        chairperson.
            (7) Quorum.--A majority of members of the Board shall 
        constitute a quorum, but a lesser number of members may hold 
        hearings.
            (8) Treatment and compensation.--A member of the Board 
        shall be--
                    (A) a full-time employee of the Board; and
                    (B) compensated at such rate as the President may 
                establish, not to exceed the maximum amount of 
                compensation payable to a member of the Senior 
                Executive Service under section 5382(b) of title 5, 
                United States Code.
    (c) Duties.--
            (1) Proposed criteria.--
                    (A) Precertification and investment requirements.--
                Not later than 120 days after the date of enactment of 
                this Act, the Board shall develop and submit to the 
                President proposed criteria for--
                            (i) precertification of existing Federal 
                        spending programs under section 5(c)(1)(A); and
                            (ii) certification of existing and new 
                        Federal spending programs as qualified 
                        investment programs with respect to required 
                        investments, in accordance with section 
                        5(d)(2).
                    (B) High-road labor, equity, and environmental 
                conditions.--
                            (i) In general.--Not later than 180 days 
                        after the date of enactment of this Act, the 
                        Board shall develop and submit to the President 
                        proposed criteria for certification of existing 
                        and new Federal spending programs as qualified 
                        investment programs with respect to high-road 
                        labor, equity, and environmental conditions, in 
                        accordance with section 5(d)(3)(A).
                            (ii) Public participation.--In developing 
                        the proposed criteria relating to high-road 
                        labor, equity, and environmental conditions 
                        under clause (i), the Board shall--
                                    (I) make the proposed criteria 
                                available for public comment; and
                                    (II) host public hearings and other 
                                direct engagement opportunities for 
                                impacted communities and Indigenous 
                                communities.
                            (iii) Publication.--Not later than 190 days 
                        after the date of enactment of this Act, the 
                        President shall publish in the Federal Register 
                        the proposed criteria developed by the Board 
                        under clause (i).
            (2) Study.--
                    (A) In general.--Not less frequently than annually, 
                the Board shall conduct a study of all matters relating 
                to qualified investment programs.
                    (B) Inclusions.--The study conducted by the Board 
                under subparagraph (A) shall include an evaluation of--
                            (i) any legislative or administrative 
                        actions (including with respect to investment 
                        requirements and other criteria under section 
                        5(d)) carried out under this Act during the 
                        period covered by the study;
                            (ii) the degree to which qualified 
                        investment programs have contributed to 
                        achieving the policy goals described in section 
                        2(b);
                            (iii) the effectiveness of the criteria 
                        relating to investment requirements established 
                        under section 5(d)(2) in achieving those policy 
                        goals; and
                            (iv) practicable modifications to those 
                        requirements to better achieve those goals.
            (3) Recommendations.--The Board shall develop 
        recommendations regarding--
                    (A) the method by which the President can 
                effectuate the Agenda to Transform, Heal, and Renew by 
                Investing in a Vibrant Economy established under 
                section 2(c)(1) pursuant to the annual budget request 
                submitted to Congress under section 1105 of title 31, 
                United States Code;
                    (B) the means by which Federal spending programs 
                may be certified under section 5(d) as qualified 
                investment programs to receive public support under 
                this Act;
                    (C) legislative and administrative actions 
                (including with respect to investment requirements and 
                other criteria) to best achieve the purpose and policy 
                goals described in section 2;
                    (D) the effectiveness of the criteria relating to 
                investment requirements established under section 
                5(d)(2) in achieving those policy goals; and
                    (E) modifications to those criteria, if any.
            (4) Reports.--
                    (A) Study and recommendations.--
                            (i) In general.--Not less frequently than 
                        annually, the Board shall submit to the 
                        President and Congress a report that contains--
                                    (I) a detailed statement of the 
                                findings and conclusions of the Board 
                                under paragraph (2); and
                                    (II) the recommendations of the 
                                Board under paragraph (3).
                            (ii) Publication.--The President shall 
                        publish each report submitted by the Board 
                        under clause (i) in the Federal Register.
                    (B) High-road labor, equity, and environmental 
                conditions.--
                            (i) In general.--Not less frequently than 
                        once every 2 years, the Board shall submit to 
                        the President and Congress a report assessing--
                                    (I) the degree of compliance by 
                                implementing entities with applicable 
                                high-road labor, equity, and 
                                environmental conditions; and
                                    (II) the relative efficacy of 
                                enforcement by administering agencies 
                                of those high-road labor, equity, and 
                                environmental conditions.
                            (ii) Community impact assessments.--The 
                        Board shall conduct regular regional community 
                        impact assessments to gather information for 
                        each report submitted under clause (i).
    (d) Powers.--
            (1) Hearings.--The Board may hold such hearings, meet and 
        act at such times and places, take such testimony, and receive 
        such evidence as the Board considers to be advisable to carry 
        out this Act.
            (2) Information from agencies.--
                    (A) In general.--The Board may secure directly from 
                a Federal department or agency such information as the 
                Board considers to be necessary to carry out this Act.
                    (B) Provision of information.--On request of the 
                chairperson of the Board, the head of a Federal 
                department or agency shall provide any requested 
                information to the Board.
            (3) Postal services.--The Board may use the United States 
        mails in the same manner and under the same conditions as other 
        Federal departments and agencies.
            (4) Gifts.--The Board may accept, use, and dispose of gifts 
        or donations of services or property.
    (e) Inapplicability of FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Board.

SEC. 5. TRANSFORM, HEAL, AND RENEW BY INVESTING IN A VIBRANT ECONOMY 
              (THRIVE) QUALIFIED INVESTMENT PROGRAMS.

    (a) Establishment.--
            (1) In general.--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).
            (2) Condition of receipt.--As a condition of receiving 
        public support under this section, an implementing entity shall 
        agree to carry out each applicable qualified investment 
        program--
                    (A) pursuant to a contract or agreement with the 
                administering agency; and
                    (B) subject to oversight by--
                            (i) the administering agency; and
                            (ii) the President, in consultation with 
                        the Board.
            (3) Authorization of appropriations.--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.
    (b) Targets.--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--
            (1) the creation and support of not fewer than 15,500,000 
        family-sustaining jobs;
            (2) the achievement of--
                    (A) full employment; and
                    (B) economic security for all individuals;
            (3) the meaningful and measurable counteraction of racial, 
        ethnic, Indigenous, gender, and other social, economic, and 
        environmental injustices;
            (4) 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;
            (5) a rapid transition to ensure--
                    (A) 100 percent of all new vehicles purchased in 
                the United States (including territories) are zero-
                emission vehicles; and
                    (B) the deployment of a nationwide network of zero-
                emission vehicle infrastructure;
            (6) 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;
            (7) 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
            (8) 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.
    (c) Certification of Federal Spending Programs as Qualified 
Investment Programs.--
            (1) Process.--
                    (A) Regular certification.--
                            (i) In general.--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.
                            (ii) Precertification.--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).
                    (B) Expedited process for interim certification.--
                            (i) In general.--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.
                            (ii) Inclusion.--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.
                            (iii) Use of criteria.--The criteria 
                        described in subsection (d) shall apply to the 
                        expedited process established under clause (i).
            (2) Nominations.--
                    (A) In general.--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.
                    (B) Effect.--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).
            (3) Certification.--
                    (A) In general.--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--
                            (i) determine whether the Federal spending 
                        program--
                                    (I) achieves compliance with the 
                                applicable criteria described in 
                                subsection (d); and
                                    (II) 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
                            (ii) on making a positive determination 
                        under each of subclauses (I) and (II) of clause 
                        (i)--
                                    (I) approve the nomination of the 
                                Federal spending program under 
                                paragraph (2); and
                                    (II) certify the Federal spending 
                                program as a qualified investment 
                                program for purposes of this Act.
                    (B) Environmental justice screening.--An 
                environmental justice screening under subparagraph 
                (A)(i)(II) shall include an evaluation, over the 
                lifecycle of the applicable Federal spending program, 
                of--
                            (i) lifecycle greenhouse gas emissions 
                        under the Federal spending program, including 
                        direct, indirect, and supply chain emissions, 
                        taking into consideration materials and 
                        operations;
                            (ii) the cumulative toxic pollution emitted 
                        under the Federal spending program;
                            (iii) resource depletion caused by the 
                        Federal spending program;
                            (iv) the biodiversity and climate change 
                        impacts of the Federal spending program; and
                            (v) the lifecycle social and cultural 
                        impacts of the Federal spending program.
                    (C) Publication.--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.
            (4) Distribution of funding.--The President shall 
        distribute to implementing entities the amounts made available 
        to carry out this section, on an equitable basis pursuant to 
        paragraph (5)--
                    (A) 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
                    (B) by not later than 1 year after the date of 
                enactment of this Act for each qualified investment 
                program certified under paragraph (3).
            (5) Equitable allocation of funds.--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--
                    (A) 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--
                            (i) proportionately, and with priority 
                        given to communities that have been 
                        disenfranchised from generational wealth--
                                    (I) to repair past harm; and
                                    (II) to advance equity; and
                            (ii) based on a mandatory equity 
                        assessment--
                                    (I) to identify potential 
                                disproportionate impacts; and
                                    (II) to support more equitable 
                                outcomes of--
                                            (aa) investments; and
                                            (bb) programs, plans, 
                                        regulations, and operational 
                                        decisions;
                    (B) 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--
                            (i) not less than proportional to the 
                        population of that jurisdiction; and
                            (ii) responsive to the unique and specific 
                        challenges faced by the residents of those 
                        jurisdictions; and
                    (C) 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.
    (d) Criteria.--
            (1) Establishment.--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--
                    (A) the precertification of existing Federal 
                spending programs under subsection (c)(1)(A)(ii); and
                    (B) 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--
                            (i) are consistent with the policy goals 
                        described in section 2(b); and
                            (ii) achieve compliance with, as 
                        applicable--
                                    (I) the investment requirements 
                                described in paragraph (2);
                                    (II) the high-road labor, equity, 
                                and environmental conditions described 
                                in paragraph (3); and
                                    (III) the prohibitions described in 
                                paragraph (4).
            (2) Investment requirements.--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:
                    (A) Infrastructure.--Upgrades to inadequate 
                infrastructure and infrastructure operations to expand 
                access to--
                            (i) pollution-free, renewable, and 
                        affordable energy, including wind and solar 
                        energy;
                            (ii) transportation;
                            (iii) high-speed broadband internet; or
                            (iv) drinking water and wastewater, 
                        particularly for public systems.
                    (B) Social infrastructure.--Support of care workers 
                and social infrastructure, by--
                            (i) rebuilding vital public services;
                            (ii) strengthening social infrastructure to 
                        address, mitigate, and adapt to crises; or
                            (iii) expanding the low-carbon public 
                        health care infrastructure of the United 
                        States, including through investment in--
                                    (I) hospitals;
                                    (II) public or Tribal schools;
                                    (III) child care;
                                    (IV) home care or elder care;
                                    (V) mental health care;
                                    (VI) care workers;
                                    (VII) expanding access to quality, 
                                secure, affordable health care and 
                                homes; or
                                    (VIII) increasing jobs, employment 
                                protection, wages, and benefits for 
                                historically underpaid, unpaid, and 
                                undervalued care workers.
                    (C) Housing.--Expanded access to housing, without 
                displacing existing residents or community-serving 
                entities, by--
                            (i) investing in housing by modernizing and 
                        retrofitting homes, schools, offices, 
                        industrial buildings, and apartment buildings, 
                        including tenant-owned and community-owned 
                        properties--
                                    (I) to decrease pollution; and
                                    (II) to maintain affordability by 
                                decreasing costs to low-income 
                                communities and Indigenous communities;
                            (ii) ensuring an increase in accessible 
                        units for individuals with disabilities and 
                        chronic illnesses; or
                            (iii) mitigating and adapting to extreme 
                        weather impacts.
                    (D) Ecosystems.--Supporting ecosystems, by--
                            (i) protecting and restoring biodiversity 
                        or natural habitat, including wetlands, 
                        forests, prairies, deserts, aquifers, 
                        groundwater, public land, and Indian land;
                            (ii) remediating pollution in impacted 
                        communities, including--
                                    (I) 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));
                                    (II) brownfield sites (as defined 
                                in section 101 of the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act of 1980 (42 U.S.C. 
                                9601)); and
                                    (III) abandoned fossil fuel 
                                infrastructure; or
                            (iii) ensuring sustainable resource use.
                    (E) Agriculture.--Supporting agriculture, by--
                            (i) creating opportunities for family, 
                        Indigenous, and Black farmers and ranchers, 
                        rural communities, and urban agriculture, 
                        including by disentangling the 
                        hyperconsolidated food supply chain;
                            (ii) supporting agroecology;
                            (iii) supporting regenerative agriculture; 
                        or
                            (iv) investing in local and regional food 
                        systems that support farmers, agricultural 
                        workers, healthy soil, and climate resilience.
                    (F) Industry.--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--
                            (i) expanding manufacturing of clean 
                        technologies;
                            (ii) reducing industrial pollution; and
                            (iii) prioritizing domestic production for 
                        an investment described in clause (i) or (ii).
            (3) High-road labor, equity, and environmental 
        conditions.--
                    (A) Conditions.--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:
                            (i) Empowering workers against 
                        inequality.--Increase the power of workers to 
                        oppose inequality by--
                                    (I) ensuring that no investment 
                                made under the Federal spending program 
                                degrades the quality of jobs or 
                                obstructs the right of workers--
                                            (aa) to form or join a 
                                        labor organization;
                                            (bb) to bargain 
                                        collectively over terms and 
                                        conditions of employment; or
                                            (cc) to engage in other 
                                        concerted activities for mutual 
                                        aid or protection;
                                    (II) creating quality jobs that 
                                provide--
                                            (aa) family-sustaining job 
                                        benefits and wages equal to not 
                                        less than the greater of--

                                                    (AA) $15 per hour; 
                                                and

                                                    (BB) the prevailing 
                                                wage for jobs of a 
                                                similar nature;

                                            (bb) the right of workers 
                                        to form or join a labor 
                                        organization and engage in 
                                        collective bargaining, free of 
                                        harassment and intimidation;
                                            (cc) child care support;
                                            (dd) not fewer than 84 days 
                                        per calendar year of paid 
                                        family leave;
                                            (ee) not fewer than 14 days 
                                        per calendar year of paid sick 
                                        leave;
                                            (ff) not fewer than 14 days 
                                        per calendar year of paid 
                                        vacation;
                                            (gg) robust worker safety 
                                        standards; and
                                            (hh) the right of workers 
                                        to not be disciplined or 
                                        discharged except for just 
                                        cause;
                                    (III) including all affected care 
                                workers and agricultural workers in 
                                worker protections and investments 
                                under the Federal spending program;
                                    (IV) advancing principles and 
                                policies that ensure or support--
                                            (aa) more effective and 
                                        timely remedies in cases in 
                                        which employers interfere with 
                                        the rights of workers;
                                            (bb) expanded freedom for 
                                        workers to organize without 
                                        employer interference;
                                            (cc) 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;
                                            (dd) 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--

                                                    (AA) section 14(b) 
                                                of the National Labor 
                                                Relations Act (29 
                                                U.S.C. 164(b)); or

                                                    (BB) any applicable 
                                                State or territorial 
                                                law;

                                            (ee) protecting strikes and 
                                        other concerted worker 
                                        activities, including by 
                                        prohibiting permanent 
                                        replacement of striking 
                                        workers; and
                                            (ff) expansion of 
                                        organizing and bargaining 
                                        rights for workers;
                                    (V) with respect to the engagement 
                                of employers by the Federal spending 
                                program--
                                            (aa) avoiding the use of 
                                        any employer that--

                                                    (AA) misclassifies 
                                                employees as 
                                                independent 
                                                contractors; or

                                                    (BB) seeks to use a 
                                                corporate structure to 
                                                hinder collective 
                                                bargaining on a 
                                                companywide, regional, 
                                                or national basis; and

                                            (bb) 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;
                                    (VI) using project labor agreements 
                                or community workforce agreements, 
                                where appropriate;
                                    (VII) 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;
                                    (VIII) creating pathways of 
                                opportunity, particularly for priority 
                                groups described in subparagraph (B), 
                                including by supporting--
                                            (aa) community benefits 
                                        agreements;
                                            (bb) local hire standards;
                                            (cc) high-road training 
                                        partnerships; and
                                            (dd) access to registered 
                                        apprenticeship and 
                                        preapprenticeship programs in 
                                        communities of all sizes across 
                                        the United States; and
                                    (IX) 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--
                                            (aa) a provision of an 
                                        applicable contract; or
                                            (bb) a Federal labor or 
                                        employment law (including 
                                        regulations).
                            (ii) Historically underserved and impacted 
                        communities.--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--
                                    (I) ensuring no investment made 
                                under the Federal spending program--
                                            (aa) damages such a 
                                        community; or
                                            (bb) reduces the ability of 
                                        residents, businesses, and 
                                        institutions of the community 
                                        to live and operate with equity 
                                        and dignity;
                                    (II) ensuring that those 
                                communities have--
                                            (aa) 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
                                            (bb) meaningful involvement 
                                        in the implementation and 
                                        governance of proposed 
                                        activities under the Federal 
                                        spending program;
                                    (III) including a mandatory equity 
                                assessment to identify potential 
                                disproportionate impacts and support 
                                more-equitable outcomes of investments, 
                                programs, plans, regulations, and 
                                operational decisions;
                                    (IV) 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;
                                    (V) including specific fair hire 
                                provisions, including those similar to 
                                ``Ban the Box'' provisions, that 
                                support traditionally marginalized 
                                workers;
                                    (VI) 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;
                                    (VII)(aa) 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
                                    (bb) investing in the creation of 
                                new low- or zero-emission public 
                                housing and affordable housing, 
                                including through community land 
                                trusts;
                                    (VIII) centering and uplifting 
                                historically underserved communities, 
                                impacted communities, and workers 
                                located in rural areas, including by 
                                developing provisions--
                                            (aa) to improve the status 
                                        of impacted agricultural 
                                        producers and workers; and
                                            (bb) for Federal spending 
                                        programs carried out by the 
                                        Department of Agriculture, to 
                                        end the systematic mistreatment 
                                        of those producers and workers 
                                        by the Department;
                                    (IX) directing funds to support, 
                                create, and provide debt relief, where 
                                appropriate, to community-owned and 
                                operated organizations, including--
                                            (aa) electric cooperatives;
                                            (bb) worker-owned 
                                        cooperatives engaging in 
                                        sustainability initiatives;
                                            (cc) community land trusts; 
                                        and
                                            (dd) publicly owned or 
                                        community-owned entities, 
                                        including--

                                                    (AA) not-for-profit 
                                                public power utilities;

                                                    (BB) not-for-profit 
                                                public water utilities; 
                                                and

                                                    (CC) tribally owned 
                                                or operated utilities; 
                                                and

                                    (X) directing funds to support and 
                                diversify local economies and create 
                                opportunities for entrepreneurship.
                            (iii) Indian tribes and indigenous 
                        communities.--Heal and reinforce the nation-to-
                        nation relationship between the United States 
                        and Indian Tribes by--
                                    (I) carrying out the 
                                responsibilities of the administering 
                                agency described in section 6(b);
                                    (II) preserving and protecting 
                                sacred and cultural sites of 
                                significance to Indian Tribes and 
                                Indigenous communities in carrying out 
                                the Federal spending program;
                                    (III) 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'';
                                    (IV) prioritizing investments in 
                                Tribal and local community-based 
                                projects that contribute to--
                                            (aa) improved 
                                        infrastructure, health care, 
                                        clean water, and sanitation;
                                            (bb) food sovereignty and 
                                        agroecological farming;
                                            (cc) housing, with 
                                        significantly expanded 
                                        investments in local and 
                                        community-based housing; and
                                            (dd) renewable energy;
                                    (V) 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;
                                    (VI) addressing Tribal housing 
                                needs by--
                                            (aa) significantly 
                                        expanding funding to meet 
                                        housing and community 
                                        development needs on Indian 
                                        land, including needs relating 
                                        to health, water, and 
                                        sanitation;
                                            (bb) advancing the goals of 
                                        the Native American Housing 
                                        Assistance and Self-
                                        Determination Act of 1996 (25 
                                        U.S.C. 4101 et seq.); and
                                            (cc) 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
                                    (VII) 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.
                            (iv) Environmental justice.--Combat 
                        environmental injustice and ensure healthy 
                        lives for all individuals by--
                                    (I) 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;
                                    (II) 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;
                                    (III) prioritizing investment in 
                                remediation of polluted sites located 
                                in environmental justice communities, 
                                including--
                                            (aa) 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));
                                            (bb) brownfield sites (as 
                                        defined in section 101 of the 
                                        Comprehensive Environmental 
                                        Response, Compensation, and 
                                        Liability Act of 1980 (42 
                                        U.S.C. 9601));
                                            (cc) abandoned mines and 
                                        factories; and
                                            (dd) retired fossil fuel, 
                                        defense, and nuclear energy 
                                        sites;
                                    (IV) reducing toxic pollution at 
                                the source and fortifying the 
                                regulation and accounting of the 
                                cumulative health impacts of toxic 
                                pollution;
                                    (V) developing provisions to 
                                increase equitable access to public 
                                health resources in historically 
                                underserved communities (including 
                                rural communities) and impacted 
                                communities; and
                                    (VI) 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.
                            (v) Climate and environment.--Avert 
                        additional climate and environmental 
                        catastrophe by--
                                    (I) ensuring that the Federal 
                                spending program supports the emissions 
                                reductions necessary--
                                            (aa) to maintain an 
                                        increase in global temperature 
                                        due to global warming of less 
                                        than 1.5 degrees Celsius; and
                                            (bb) to achieve the targets 
                                        described in subsection (b);
                                    (II) ensuring that the Federal 
                                spending program will not expand--
                                            (aa) the extraction, 
                                        processing, or use of fossil 
                                        fuels or uranium at any level 
                                        of the supply chain;
                                            (bb) the use of emissions 
                                        offsets;
                                            (cc) geoengineering; or
                                            (dd) the use of any other 
                                        energy source that would not 
                                        pass the environmental justice 
                                        screening described in 
                                        subsection (c)(3)(B);
                                    (III) investing in--
                                            (aa) the protection of 
                                        ecosystems and biodiversity; 
                                        and
                                            (bb) the sustainable use of 
                                        natural resources;
                                    (IV) requiring the use of climate-
                                resilient designs for infrastructure 
                                and low-emissions operations, as 
                                applicable;
                                    (V) requiring that materials shall 
                                be produced with high standards for 
                                environmental sustainability, 
                                including--
                                            (aa) technologically 
                                        feasible limits on embodied 
                                        greenhouse gas emissions;
                                            (bb) restrictions on toxic 
                                        pollution; and
                                            (cc) requirements for 
                                        sustainable resource use and 
                                        the protection of ecosystems 
                                        and biodiversity;
                                    (VI) requiring that materials and 
                                appliances meet high environmental 
                                performance standards, including 
                                standards relating to energy efficiency 
                                and climate resilience;
                                    (VII) ensuring that environmental 
                                standards apply across the 
                                international supply chain; and
                                    (VIII) 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.
                            (vi) Fairness during economic transition.--
                        Ensure fairness for workers and communities 
                        affected by economic transitions by directing 
                        funding and support--
                                    (I) to displaced workers, including 
                                by providing--
                                            (aa) wage and benefit 
                                        replacement for a period of not 
                                        less than 5 years;
                                            (bb) housing assistance;
                                            (cc) fully funded pensions;
                                            (dd) support for crisis, 
                                        trauma, and early retirement;
                                            (ee) skills training;
                                            (ff) education; and
                                            (gg) equitable job 
                                        placement;
                                    (II) to cover local budget 
                                shortfalls due to the closure of 
                                facilities or a decline in economic 
                                activity;
                                    (III) 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;
                                    (IV) to ensure adequate physical 
                                and social infrastructure and services 
                                in economically transitioning 
                                communities, including--
                                            (aa) public health 
                                        services;
                                            (bb) social services;
                                            (cc) child care and 
                                        dependent adult care; and
                                            (dd) broadband internet 
                                        investment; and
                                    (V) to the reorganization, 
                                conversion, reclamation, and 
                                remediation of closed and abandoned 
                                facilities and sites.
                            (vii) Public institutions.--Reinvest in 
                        public institutions that enable all communities 
                        and workers to thrive by--
                                    (I) preventing privatization of--
                                            (aa) any public land, 
                                        water, or natural resource; or
                                            (bb) existing public sector 
                                        jobs;
                                    (II) 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;
                                    (III) 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--
                                            (aa) climate mitigation 
                                        efforts and resilience; and
                                            (bb) access to nature; and
                                    (IV) 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.
                            (viii) THRIVE resolution.--Compliance with, 
                        as applicable--
                                    (I) the labor, equity, and 
                                environmental provisions described in 
                                Senate Resolution 43, 117th Congress, 
                                introduced on February 8, 2021; and
                                    (II) 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).
                    (B) Priority groups.--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--
                            (i) members of impacted communities;
                            (ii) 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);
                            (iii) immigrants to the United States 
                        (regardless of immigration status);
                            (iv) formerly incarcerated individuals;
                            (v) women;
                            (vi) LGBTQIAP+ individuals;
                            (vii) individuals with disabilities or 
                        chronic illness;
                            (viii) young or elderly;
                            (ix) young adults exiting the foster care 
                        system; and
                            (x) unhoused individuals.
            (4) Prohibitions.--To be eligible for certification as a 
        qualified investment program under subsection (c), a Federal 
        spending program shall not--
                    (A) exacerbate any racial, Indigenous, gender, or 
                income disparity;
                    (B) privatize any public infrastructure, service, 
                land, water, or natural resource;
                    (C) violate human rights;
                    (D) destroy any ecosystem;
                    (E) decrease labor organization density or 
                membership;
                    (F) in any investment made under the Federal 
                spending program to upgrade a building, displace any 
                resident or community-serving entity occupying the 
                building; or
                    (G) invest or participate in the use of emissions 
                offset or geoengineering programs.
    (e) Monitoring.--
            (1) In general.--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--
                    (A) contributes to the policy goals described in 
                section 2(b); and
                    (B) continues to achieve compliance with all 
                applicable high-road labor, equity, and environmental 
                conditions under subsection (d)(3).
            (2) Revocation.--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--
                    (A) fails to achieve compliance with subparagraph 
                (A) or (B) of paragraph (1); or
                    (B) displaces workers or depresses wages or 
                benefits due to increased costs associated with 
                participating in the public support program under this 
                section.

SEC. 6. TRIBAL SOVEREIGNTY.

    (a) Recognition.--Congress recognizes that--
            (1) the authority, obligations, and fiduciary trust 
        responsibilities of United States to provide programs and 
        services to Indians Tribes and individual Indians have been 
        established in--
                    (A) Acts of Congress;
                    (B) treaties; and
                    (C) jurisprudence; and
            (2) the United States and Indian Tribes have a unique legal 
        and political relationship.
    (b) Responsibilities of Administering Agencies.--The head of each 
administering agency shall, in any relevant agency actions--
            (1) establish, by regulation, a special initiative that 
        reflects and supports the relationship between the United 
        States and Indian Tribes described in subsection (a)(2);
            (2) confirm that each Indian Tribe may exercise full and 
        inherent civil regulatory and adjudicatory authority over all 
        land and resources within the exterior boundaries of the 
        reservation or other land subject to the jurisdiction of the 
        Indian Tribe;
            (3) establish, by regulation, standards and procedural 
        requirements--
                    (A) to secure free, prior, and informed consent of 
                Indian Tribes--
                            (i) to agency actions that affect Indian 
                        land, water, livelihoods, and culture 
                        (including off-reservation treaty-reserved 
                        rights to hunting, fishing, gathering, and 
                        protection of, and access to, sacred sites); 
                        and
                            (ii) on an ongoing basis, to any measure or 
                        other action carried out by the administering 
                        agency under this Act; and
                    (B) to include consideration of the tangible and 
                intangible cultural heritage, intellectual property, 
                and traditional Indigenous knowledge of Indian Tribes 
                and Indigenous communities in agency actions and 
                programs;
            (4) take into consideration the provisions and standards 
        contained in the United Nations Declaration on the Rights of 
        Indigenous Peoples, dated September 13, 2007, without 
        qualification;
            (5)(A) strengthen and support Tribal sovereignty by 
        ensuring that all treaties and agreements with Indian Tribes 
        and members of Indian Tribes and Indigenous communities are 
        observed and respected in their entirety; and
            (B) protect and enforce that sovereignty by taking 
        effective measures to extend the fiduciary trust 
        responsibilities of the United States to Indian Tribes to--
                    (i) environmental, socioeconomic, health, 
                education, and agricultural issues; and
                    (ii) trade issues between and among Indigenous 
                communities, the United States, Canada, and Mexico; and
            (6) ensure that the standards, processes, and criteria for 
        qualified investment programs of the administering agency, and 
        the allocation of funds under those qualified investment 
        programs, shall incur obligations relating to a mandatory set-
        aside of investments and funding for Indian Tribes and 
        Indigenous communities.

SEC. 7. AGENCY ENFORCEMENT; GAO REPORT.

    (a) Agency Enforcement.--Not later than 2 years after the date on 
which public support is initially provided to an administering agency 
under this Act, the head of the administering agency shall promulgate 
regulations, in consultation with the Board, to ensure that each 
qualified investment program of the administering agency achieves 
compliance with applicable high-road labor, equity, and environmental 
conditions, in accordance with existing authorities, by--
            (1) including in any contract with an implementing entity 
        those high-road labor, equity, and environmental conditions;
            (2) ensuring that public implementing entities receive 
        funding to adequately ensure compliance with applicable 
        implementation, monitoring, compliance, and enforcement 
        requirements in a manner that avoids establishing any unfunded 
        mandate for a Tribal, State, or local government agency;
            (3) certifying, on an annual basis, that all implementing 
        entities throughout the supply chain that benefit from support 
        under the qualified investment program achieve compliance with 
        all applicable high-road labor, equity, and environmental 
        conditions;
            (4) issuing a warning and directives for corrective action 
        relating to instances of noncompliance with applicable high-
        road labor, equity, and environmental conditions;
            (5) establishing a process for implementing entities to 
        appeal the classification of an action as noncompliant with an 
        applicable high-road labor, equity, or environmental condition; 
        and
            (6) revoking public support from any implementing entity 
        that fails to rectify an instance of noncompliance with a high-
        road labor, equity, or environmental condition, as applicable--
                    (A) for a major instance of noncompliance, by the 
                date that is 60 days after the date of receipt of a 
                warning relating to that instance under paragraph (4); 
                or
                    (B) for a minor instance of noncompliance, by such 
                deadline as the head of the administering agency, in 
                consultation with the Board, may establish.
    (b) GAO Report.--Not less frequently than once every 3 years, the 
Comptroller General of the United States shall prepare and publish a 
report assessing--
            (1) the degree of compliance by implementing entities with 
        high-road labor, equity, and environmental conditions; and
            (2) the relative efficacy of enforcement by administering 
        agencies of those high-road labor, equity, and environmental 
        conditions.
                                 <all>