THRIVE Act

II 117TH CONGRESS 1ST SESSION S. 1525 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 envi- ronmental standards, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 29, 2021 Mr. MARKEY (for himself, Ms. WARREN, Mr. WYDEN, Mr. VAN HOLLEN, Mr. BLUMENTHAL, Mrs. GILLIBRAND, Mr. SANDERS, and Mr. MERKLEY) in- troduced the following bill; which was read twice and referred to the Com- mittee on Homeland Security and Governmental Affairs A BILL 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 stand- ards, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Transform, Heal, and 4 Renew by Investing in a Vibrant Economy Act’’ or the 5 ‘‘THRIVE Act’’. 6 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1525 IS SEC. 2. PURPOSE; POLICY GOALS; AGENDA. 1 (a) PURPOSE.—The purpose of this Act is to mobilize 2 Federal efforts to respond, in a manner that is bold and 3 holistic, to the urgent concurrent crises of racial injustice, 4 the undermining of Tribal sovereignty, mass unemploy- 5 ment and economic inequality, the Coronavirus Disease 6 2019 pandemic, and climate change by establishing a na- 7 tional agenda to transform, heal, and renew the United 8 States to create a society that enables and supports— 9 (1) greater racial, Indigenous, gender, environ- 10 mental, and economic justice; 11 (2) dignified work opportunities; 12 (3) healthy communities; 13 (4) a stable climate; and 14 (5) healthy ecosystems. 15 (b) POLICY GOALS.—It is the policy of the United 16 States— 17 (1) to create and sustain millions of good, safe, 18 family-sustaining jobs with appropriate access to 19 labor organizations; 20 (2) to increase the power of workers to fight in- 21 equality in the workplace; 22 (3) to invest in historically underserved and im- 23 pacted communities, including Black, Tribal, Indige- 24 nous, Latinx, Arab, Asian, and Pacific Islander com- 25 munities, to increase the capacity of those commu- 26 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1525 IS nities to counteract racial, ethnic, gender, and other 1 social and economic injustices; 2 (4) to strengthen and heal the nation-to-nation 3 relationship between the United States and sov- 4 ereign Indian Tribes; 5 (5) to combat environmental injustice and en- 6 sure healthy lives for all people; 7 (6) to avert further climate and environmental 8 catastrophe; 9 (7) to ensure fairness for workers and commu- 10 nities affected by economic transitions; and 11 (8) to reinvest in public sector institutions that 12 enable workers and communities to thrive. 13 (c) AGENDA.— 14 (1) ESTABLISHMENT.—Not later than 120 days 15 after the date of enactment of this Act, the Presi- 16 dent, in consultation with the Board, shall establish 17 a 10-year plan, to be known as the ‘‘Agenda to 18 Transform, Heal, and Renew by Investing in a Vi- 19 brant Economy’’, in accordance with which the pur- 20 pose and policy goals described in subsections (a) 21 and (b), respectively, shall be achieved. 22 (2) SUBMISSION.—The agenda established 23 under paragraph (1) shall be submitted to— 24 (A) the National Economic Council; and 25 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1525 IS (B) the Office of Management and Budget 1 for inclusion in each annual budget request sub- 2 mitted to Congress under section 1105 of title 3 31, United States Code, during the 10-year pe- 4 riod covered by the agenda. 5 SEC. 3. DEFINITIONS. 6 In this Act: 7 (1) ADMINISTERING AGENCY.—The term ‘‘ad- 8 ministering agency’’ means a Federal department or 9 agency with administrative jurisdiction over a quali- 10 fied investment program. 11 (2) BOARD.—The term ‘‘Board’’ means the 12 Transform, Heal, and Renew by Investing in a Vi- 13 brant Economy Recovery Board established under 14 section 4(a). 15 (3) CARE WORKER.—The term ‘‘care worker’’ 16 means any individual who provides paid or unpaid 17 child care or dependent adult care, including— 18 (A) a domestic worker; 19 (B) a health care worker; 20 (C) a home health aide; and 21 (D) a nanny. 22 (4) ENVIRONMENTAL JUSTICE COMMUNITY.— 23 (A) IN GENERAL.—The term ‘‘environ- 24 mental justice community’’ means a low-income 25 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1525 IS or low-wealth community facing environmental 1 injustice. 2 (B) INCLUSIONS.—The term ‘‘environ- 3 mental justice community’’ includes any com- 4 munity that, as determined by the Board, in 5 consultation with the White House Environ- 6 mental Justice Advisory Council and the Na- 7 tional Environmental Justice Advisory Coun- 8 cil— 9 (i) is located nearest to an existing 10 area of grave environmental pollution and 11 degradation; 12 (ii) bears a burden of negative public 13 health effects of pollution; 14 (iii) includes 1 or more sites of— 15 (I) a facility that is a part of a 16 polluting industry; 17 (II) a waste dump; or 18 (III) a facility for resource ex- 19 traction; 20 (iv) experiences a high incidence of 21 climate change impacts and extreme 22 weather disasters; 23 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1525 IS (v) has been excluded or harmed by 1 racist or discriminatory policies that have 2 resulted in economic or health disparities; 3 (vi) has a land-based or food subsist- 4 ence culture that is experiencing ecosystem 5 disruption and devastation; 6 (vii) faces relocation and resettlement 7 resulting from— 8 (I) climate change; 9 (II) impacts to the environment 10 and ecosystems; or 11 (III) impacts associated with eco- 12 nomic inequities; or 13 (viii) is an Indigenous community. 14 (5) EQUITY ASSESSMENT.—The term ‘‘equity 15 assessment’’, with respect to an investment, pro- 16 gram, plan, regulation, or operational decision, mean 17 an assessment (which may include the assignment of 18 an equity score)— 19 (A) to evaluate the social, economic, and 20 environmental impacts of the investment, pro- 21 gram, plan, regulation, or decision on— 22 (i) impacted communities; and 23 (ii) environmental justice commu- 24 nities; and 25 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1525 IS (B) the goals of which are— 1 (i) to address historic inequality; 2 (ii) to ensure an equitable outcome; 3 (iii) to prevent further concentration 4 of pollution in areas experiencing an al- 5 ready high concentration of a pollutant or 6 other toxic substance; and 7 (iv) to minimize inadvertent dis- 8 proportionate social, economic, and envi- 9 ronmental effects of the investment, pro- 10 gram, plan, regulation, or decision. 11 (6) FAMILY-SUSTAINING JOB.—The term ‘‘fam- 12 ily-sustaining job’’ means an employment oppor- 13 tunity that provides an individual with a wage that 14 is sufficient to cover necessary expenses for the fam- 15 ily of the individual, such as food, medical care, 16 child care, housing, and transportation, without re- 17 quiring reliance by the family on financial assistance 18 from any other source. 19 (7) FEDERAL SPENDING PROGRAM.—The term 20 ‘‘Federal spending program’’ means any program, 21 project, or other activity— 22 (A) carried out by, or pursuant to a con- 23 tract with, a Federal department or agency; 24 and 25 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1525 IS (B) for which Federal funds are made 1 available. 2 (8) HIGH-ROAD LABOR, EQUITY, OR ENVIRON- 3 MENTAL CONDITION.—The term ‘‘high-road labor, 4 equity, or environmental condition’’ means any con- 5 dition on the provision of Federal funding for a 6 qualified investment program, as established by the 7 President, based on advice of the Board, under sec- 8 tion 5(d)(3)(A). 9 (9) IMPACTED COMMUNITY.— 10 (A) IN GENERAL.—The term ‘‘impacted 11 community’’ means a community that is 12 harmed by environmental, economic, or socio- 13 economic injustice. 14 (B) INCLUSIONS.—The term ‘‘impacted 15 community’’ includes— 16 (i) an environmental justice commu- 17 nity; and 18 (ii) a community that, as determined 19 by the Board, in consultation with the 20 White House Environmental Justice Advi- 21 sory Council and the National Environ- 22 mental Justice Advisory Council— 23 (I) has a high concentration of 24 low-income and low-wealth house- 25 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1525 IS holds, including households comprised 1 primarily of members of groups that 2 have historically experienced discrimi- 3 nation on the basis of race, gender, 4 national origin, or ethnicity (including 5 Black, Indigenous, Latinx, Arab, 6 Asian, and Pacific Islander commu- 7 nities); or 8 (II) faces economic transition, 9 deindustrialization, historic under- 10 investment, and poverty. 11 (10) IMPLEMENTING ENTITY.—The term ‘‘im- 12 plementing entity’’ means any public or private enti- 13 ty (including any Federal, Tribal, State, or local 14 agency and any firm, supplier, or subcontractor 15 throughout the supply chain) that carries out a 16 qualified investment program using public support. 17 (11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 18 means an Indian or Alaska Native tribe, band, na- 19 tion, pueblo, village, or community that the Sec- 20 retary of the Interior acknowledges to exist as an In- 21 dian Tribe pursuant to the Federally Recognized In- 22 dian Tribe List Act of 1994 (25 U.S.C. 5130 et 23 seq.). 24 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1525 IS (12) INDIGENOUS COMMUNITY.—The term ‘‘In- 1 digenous community’’ means— 2 (A) an Indian Tribe; 3 (B) a Native Hawaiian organization; 4 (C) a State-recognized Indian tribe; 5 (D) any reservation-based, urban Indige- 6 nous, or intertribal community, group, organi- 7 zation, or coalition; and 8 (E) an Alaska Native village. 9 (13) PUBLIC SUPPORT.— 10 (A) IN GENERAL.—The term ‘‘public sup- 11 port’’ means any financial or in-kind contribu- 12 tion provided by the President under section 5 13 for the administration, development, or imple- 14 mentation of a qualified investment program 15 carried out under this Act. 16 (B) INCLUSIONS.—The term ‘‘public sup- 17 port’’ includes— 18 (i) technical support; 19 (ii) grants; 20 (iii) loans; 21 (iv) investments; and 22 (v) equity stakes. 23 (14) QUALIFIED INVESTMENT PROGRAM.—The 24 term ‘‘qualified investment program’’ means any 25 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1525 IS Federal spending program certified by the President 1 pursuant to section 5(c). 2 (15) STATE.—The term ‘‘State’’ means— 3 (A) a State; 4 (B) the District of Columbia; 5 (C) the Commonwealth of Puerto Rico; 6 and 7 (D) any other territory or possession of the 8 United States. 9 SEC. 4. THRIVE RECOVERY BOARD. 10 (a) ESTABLISHMENT.—Not later than 60 days after 11 the date of enactment of this Act, the President shall es- 12 tablish an advisory board, to be known as the ‘‘Transform, 13 Heal, and Renew by Investing in a Vibrant Economy Re- 14 covery Board’’, to advise the President and the heads of 15 appropriate Federal departments and agencies regarding 16 the implementation of this Act. 17 (b) MEMBERSHIP.— 18 (1) COMPOSITION.—The Board shall be com- 19 posed of 20 members who, as determined by the 20 President— 21 (A) provide diverse and fair representation 22 from— 23 (i) impacted communities; 24 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1525 IS (ii) allies identified by impacted com- 1 munities; 2 (iii) Indigenous communities; and 3 (iv) labor organizations; and 4 (B) are qualified, through education, train- 5 ing, and experience, to evaluate information re- 6 lating to matters referred to the Board. 7 (2) APPOINTMENT.— 8 (A) IN GENERAL.—The members of the 9 Board shall be appointed by the President from 10 among individuals recommended by interested 11 individuals and entities. 12 (B) PROHIBITION.—A member of the 13 Board may not be an employee or former em- 14 ployee of the Federal Government. 15 (3) TERM; VACANCIES.— 16 (A) TERM.—A member of the Board— 17 (i) shall be appointed to serve the 18 Board for an initial term of 3 years; and 19 (ii) may be reappointed to serve not 20 more than 1 additional term of not longer 21 than 3 years. 22 (B) VACANCIES.—A vacancy on the 23 Board— 24 VerDate Sep 11 2014 01:41 May 25, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1525.IS S1525 kjohnson on DSK79L0C42PROD with BILLS 13 •S 1525 IS (i) shall not affect the powers of the 1 Board; and 2 (ii) shall be filled in the same manner 3 as the original appointment was made. 4 (4) CHAIRPERSON.—The Board shall select a 5 chairperson from among the members of the Board. 6 (5) INITIAL MEETING.—Not later than 14 days 7 after the date on which all members of the Board 8 have been appointed, the Board shall hold the initial 9 meeting of the Board. 10 (6) MEETINGS.—The Board shall meet at the 11 call of the chairperson. 12 (7) QUORUM.—A majority of members of the 13 Board shall constitute a quorum, but a lesser num- 14 ber of members may hold hearings. 15 (8) TREATMENT AND COMPENSATION.—A 16 member of the Board shall be— 17 (A) a full-time employee of the Board; and 18 (B) compensated at such rate as the Presi- 19 dent may establish, not to exceed the maximum 20 amount of compensation payable to a member 21 of the Senior Executive Service under section [Text truncated for display. 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