IB 

Union Calendar No. 434 

118TH CONGRESS 

2D SESSION H. R. 7685 

[Report No. 118–522] 

To strengthen and enhance the competitiveness of American industry through 

the research and development of advanced technologies to improve the 

efficiency of cement, concrete, and asphalt production, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2024 

Mr. MILLER of Ohio (for himself and Mrs. FOUSHEE) introduced the following 

bill; which was referred to the Committee on Science, Space, and Technology 

MAY 23, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 15, 2024] 


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A BILL 

To strengthen and enhance the competitiveness of American 

industry through the research and development of advanced technologies to improve the efficiency of cement, 

concrete, and asphalt production, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Innovative Mitigation 

5 Partnerships for Asphalt and Concrete Technologies Act’’ 

6 or the ‘‘IMPACT Act’’. 

7 SEC. 2. ADVANCED CEMENT, CONCRETE, AND ASPHALT 

8 PRODUCTION RESEARCH PROGRAM. 

9 (a) PROGRAM.—Part I of subtitle C of title V of the 

10 Infrastructure Investment and Jobs Act (Public Law 117– 

11 58) is amended by inserting after section 40522 the fol12 lowing new section: 

13 ‘‘SEC. 40523. ADVANCED CEMENT, CONCRETE, AND ASPHALT 

14 PRODUCTION RESEARCH PROGRAM. 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) ADVANCED PRODUCTION.—The term ‘ad17 vanced production’ means production of cement, con18 crete, or asphalt with one or more of the following im19 provements with respect to the production of commer20 cially available cement, concrete, or asphalt: 

21 ‘‘(A) Improved cost-effectiveness. 

22 ‘‘(B) Improved quality, durability, engi23 neering performance, and resilience. 

24 ‘‘(C) Improved efficiency of resource con25 sumption and material demand. 


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1 ‘‘(2) ALTERNATIVE FUELS.—The term ‘alter2 native fuels’ means any solid, liquid, or gaseous mate3 rials, or a combination thereof, used to replace or 

4 supplement any portion of fuels used in combustion 

5 or pyrolysis for low-emissions cement, concrete, or as6 phalt. 

7 ‘‘(3) COMMERCIALLY AVAILABLE.—The term 

8 ‘commercially available’, with respect to cement, con9 crete, and asphalt, means that the cement, concrete, or 

10 asphalt is— 

11 ‘‘(A) readily and widely available for pur12 chase in the United States; and 

13 ‘‘(B) produced using a production method 

14 of cement, concrete, or asphalt products, as ap15 plicable, that is widely in use. 

16 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible enti17 ty’ means any of the following: 

18 ‘‘(A) An institution of higher education. 

19 ‘‘(B) An appropriate State or Federal enti20 ty, including a federally funded research and de21 velopment center of the Department. 

22 ‘‘(C) A nonprofit research institution. 

23 ‘‘(D) A private entity. 

24 ‘‘(E) Any other relevant entity the Sec25 retary determines appropriate. 


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1 ‘‘(F) A partnership or consortium of two or 

2 more entities described in subparagraphs (A) 

3 through (E). 

4 ‘‘(5) ENGINEERING PERFORMANCE-BASED STAND5 ARD.—The term ‘engineering performance-based 

6 standard’ means an existing engineering standard 

7 with respect to which the requirements applicable to 

8 such standard are stated in terms of required results, 

9 with criteria for verifying compliance rather than 

10 specific composition, design, or procedure. 

11 ‘‘(6) INSTITUTION OF HIGHER EDUCATION.—The 

12 term ‘institution of higher education’ has the meaning 

13 given such term in section 101 of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1001). 

15 ‘‘(7) LOW-EMISSIONS CEMENT, CONCRETE, AND

16 ASPHALT.—The term ‘low-emissions cement, concrete, 

17 and asphalt’ means cement, concrete, asphalt binder, 

18 or asphalt mixture that reduces, to the maximum ex19 tent practicable, greenhouse gas or directly-related co20 pollutant emissions to levels below commercially 

21 available cement, concrete, or asphalt. 

22 ‘‘(8) RURAL AREA.—The term ‘rural area’ has 

23 the meaning given such term in section 343(a) of the 

24 Consolidated Farm and Rural Development Act (7 

25 U.S.C. 1991(a)). 


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1 ‘‘(b) ESTABLISHMENT.—Not later than 180 days after 

2 the date of the enactment of this section, the Secretary shall 

3 establish a program of research, development, demonstra4 tion, and commercial application of advanced tools, tech5 nologies, and methods for advanced production and use of 

6 low-emissions cement, concrete, and asphalt in order to— 

7 ‘‘(1) increase the technological and economic 

8 competitiveness of industry and production in the 

9 United States; 

10 ‘‘(2) expand and increase the stability of supply 

11 chains through enhanced domestic production, 

12 nearshoring, and cooperation with allies; 

13 ‘‘(3) achieve measurable greenhouse gas or di14 rectly related copollutant emissions reductions in the 

15 production processes for cement, concrete, and asphalt 

16 products; and 

17 ‘‘(4) create quality domestic jobs. 

18 ‘‘(c) REQUIREMENTS.—In carrying out the program 

19 under subsection (b), the Secretary shall— 

20 ‘‘(1) coordinate with the programs and activities 

21 authorized under title VI of division Z of the Consoli22 dated Appropriations Act, 2021 (relating to indus23 trial and manufacturing technologies) and the 

24 amendments made by such title; 


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1 ‘‘(2) coordinate across all relevant program of2 fices of the Department, including the Office of 

3 Science, the Advanced Research Projects Agency-En4 ergy, the Office of Clean Energy Demonstrations, the 

5 Office of Energy Efficiency and Renewable Energy, 

6 the Office of Fossil Energy, the Office of Industrial 

7 Efficiency and Decarbonization, the Office of Manu8 facturing and Energy Supply Chains, and the Office 

9 of Nuclear Energy; 

10 ‘‘(3) leverage, to the extent practicable, the re11 search infrastructure of the Department, including 

12 scientific computing user facilities, x-ray light 

13 sources, neutron scattering facilities, and nanoscale 

14 science research centers; and 

15 ‘‘(4) conduct research, development, demonstra16 tion, and commercial application of the advanced 

17 production of low-emissions cement, concrete, and as18 phalt that have the potential to increase domestic pro19 duction and employment in both advanced and com20 mercially available processes. 

21 ‘‘(d) STRATEGIC PLAN.— 

22 ‘‘(1) IN GENERAL.—Not later than 180 days 

23 after the establishment of the program under sub24 section (b), the Secretary shall develop a 5-year stra25 tegic plan identifying research, development, demVerDate Sep 11 2014 04:35 May 24, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H7685.RH H7685

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1 onstration, and commercial application goals for such 

2 program. The Secretary shall submit such plan to the 

3 Committee on Science, Space, and Technology of the 

4 House of Representatives and the Committee on En5 ergy and Natural Resources of the Senate. 

6 ‘‘(2) CONTENTS.—The strategic plan under para7 graph (1) shall— 

8 ‘‘(A) identify programs at the Department 

9 related to the advanced production of low-emis10 sions cement, concrete, and asphalt that support 

11 the research, development, demonstration, and 

12 commercial application activities described in 

13 this section, and the demonstration projects 

14 under subsection (f); 

15 ‘‘(B) establish technological and pro16 grammatic goals to achieve the requirements 

17 specified in subsection (c); and 

18 ‘‘(C) include timelines for the accomplish19 ment of such goals developed under the plan. 

20 ‘‘(3) UPDATES TO PLAN.—Not less than once 

21 every two years, the Secretary shall submit to the 

22 Committee on Science, Space, and Technology of the 

23 House of Representatives and the Committee on En24 ergy and Natural Resources of the Senate an updated 

25 version of the strategic plan under paragraph (1). 


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1 ‘‘(e) FOCUS AREAS.—In carrying out the program es2 tablished in subsection (c), the Secretary shall focus on the 

3 following: 

4 ‘‘(1) Carbon capture technologies for low-emis5 sions cement, concrete, and asphalt production proc6 esses, which may include the following: 

7 ‘‘(A) Oxycombustion and chemical looping 

8 technologies. 

9 ‘‘(B) Precombustion technologies. 

10 ‘‘(C) Post combustion technologies. 

11 ‘‘(D) Direct carbon dioxide separation tech12 nologies. 

13 ‘‘(2) Materials, technologies, inputs, and proc14 esses that— 

15 ‘‘(A) produce fewer greenhouse gas or di16 rectly related copollutant emissions during pro17 duction, use, and end use of cement, concrete, 

18 and asphalt; or 

19 ‘‘(B) provide quality, durability, resilience, 

20 engineering, or other performance metrics equal 

21 to or greater than commercially available prod22 ucts. 

23 ‘‘(3) Medium- and high-temperature heat-genera24 tion technologies used for the advanced production of 


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1 low-emissions cement, concrete, and asphalt which 

2 may include the following: 

3 ‘‘(A) Alternative fuels. 

4 ‘‘(B) Renewable heat-generation and storage 

5 technology. 

6 ‘‘(C) Electrification of heating processes. 

7 ‘‘(D) Other clean heat-generation tech8 nologies and sources. 

9 ‘‘(4) Technologies and practices that increase the 

10 efficiency of energy use, natural resource consump11 tion, or material demand, which may include the fol12 lowing: 

13 ‘‘(A) Designing products that encourage 

14 reuse, refurbishment, remanufacturing, and recy15 cling. 

16 ‘‘(B) Minimizing waste, including waste 

17 heat, from low-emissions cement, concrete, and 

18 asphalt production processes, including through 

19 the reuse of waste as a resource in other indus20 trial processes for mutual benefit. 

21 ‘‘(C) Increasing the overall energy efficiency 

22 of low-emissions cement, concrete, and asphalt 

23 production processes, including through life cycle 

24 assessments. 


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1 ‘‘(5) Technologies and approaches to reduce 

2 greenhouse gas or directly related copollutant emis3 sions from the advanced production of cement, con4 crete, and asphalt. 

5 ‘‘(6) High-performance computing to develop ad6 vanced materials and production processes that may 

7 contribute to the focus areas described in paragraphs 

8 (1) through (5), including the following: 

9 ‘‘(A) Modeling, simulation, and optimiza10 tion of the design of cost-effective and energy-effi11 cient products and processes. 

12 ‘‘(B) The use of digital prototyping and ad13 ditive production to enhance product design. 

14 ‘‘(7) Advanced sensor technologies and methods 

15 to monitor and quantify the performance of low-emis16 sions cement, concrete, and asphalt materials at scale 

17 and under a variety of conditions. 

18 ‘‘(8) Technologies that can be retrofitted at ce19 ment, concrete, and asphalt plants that represent the 

20 most common facility types in the United States and 

21 in other countries, with consideration for field valida22 tion of such retrofits. 

23 ‘‘(9) Best practices for data standardization and 

24 data sharing tools and technologies, in coordination 

25 with relevant Federal agencies. 


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1 ‘‘(10) Fundamental research in chemistry and 

2 materials science to identify the following: 

3 ‘‘(A) Novel materials and alternative domes4 tic feedstocks and processing operations for the 

5 advanced production of low-emissions cement, 

6 concrete, and asphalt. 

7 ‘‘(B) Improved understanding by eligible 

8 entities of the mechanisms that determine the 

9 performance and durability of low-emissions ce10 ment, concrete, and asphalt over time. 

11 ‘‘(f) DEMONSTRATIONS.— 

12 ‘‘(1) ESTABLISHMENT.—Not later than 180 days 

13 after the date of the enactment of this section, the Sec14 retary, in carrying out the program established in 

15 subsection (b), and in collaboration with the Sec16 retary of Transportation, the Administrator of Gen17 eral Services, industry partners, institutions of higher 

18 education, and National Laboratories, shall support 

19 demonstrations of advanced production of low-emis20 sions cement, concrete, and asphalt that uses either— 

21 ‘‘(A) a single technology or practice; or 

22 ‘‘(B) a combination of multiple technologies 

23 or practices. 

24 ‘‘(2) SELECTION REQUIREMENTS.—In carrying 

25 out the demonstrations under paragraph (1), the SecVerDate Sep 11 2014 04:35 May 24, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H7685.RH H7685

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1 retary shall select eligible entities to carry out dem2 onstration projects and to the maximum extent prac3 ticable— 

4 ‘‘(A) encourage regional diversity among el5 igible entities, including participation by enti6 ties located in rural areas; 

7 ‘‘(B) encourage technological diversity 

8 among eligible entities; and 

9 ‘‘(C) ensure that specific projects selected— 

10 ‘‘(i) expand on the existing technology 

11 demonstration programs of the Department; 

12 ‘‘(ii) are based on the extent of green13 house gas emissions reductions achieved; 

14 and 

15 ‘‘(iii) prioritize leveraging matching 

16 funds from non-Federal sources. 

17 ‘‘(3) REPORTS.—The Secretary shall submit to 

18 the Committee on Science, Space, and Technology of 

19 the House of Representatives and the Committee on 

20 Energy and Natural Resources of the Senate— 

21 ‘‘(A) not less frequently than once every two 

22 years for the duration of the demonstrations 

23 under paragraph (1), a report describing the 

24 performance of such demonstration; and 


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1 ‘‘(B) if any such demonstration is termi2 nated, an assessment of the success of, and edu3 cation provided by, the measures carried out by 

4 such demonstration. 

5 ‘‘(4) TERMINATION.—The Secretary may termi6 nate the demonstratives under paragraph (1) if the 

7 Secretary determines that sufficient low-emissions ce8 ment, concrete, and asphalt produced through ad9 vanced production are commercially available domes10 tically at a price comparable to the price of cement, 

11 concrete, and asphalt produced through traditional 

12 methods of production. 

13 ‘‘(g) TECHNICAL ASSISTANCE PROGRAM.— 

14 ‘‘(1) IN GENERAL.—The Secretary, in consulta15 tion with the Secretary of Transportation, the Sec16 retary of Commerce (acting through the Director of 

17 the National Institute of Standards and Technology), 

18 the Administrator of General Services, the Adminis19 trator of the Environmental Protection Agency, and 

20 appropriate representatives of relevant standards de21 velopment organizations, shall provide technical as22 sistance to eligible entities to carry out an activity 

23 described in paragraph (2) to promote the commercial 

24 application of technologies for the production and use 

25 of low-emissions cement, concrete, and asphalt. 


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1 ‘‘(2) ACTIVITIES DESCRIBED.—An activity re2 ferred to in paragraph (1) is any of the following: 

3 ‘‘(A) Efforts related to collecting data that 

4 could be used in the updating of local codes, 

5 specifications, and standards to engineering per6 formance-based standards. 

7 ‘‘(B) A lifecycle assessment of the final 

8 product. 

9 ‘‘(C) An environmental impact comparison 

10 between different cements, concretes, and as11 phalts. 

12 ‘‘(D) A techno-economic assessment. 

13 ‘‘(E) An environmental permitting or other 

14 regulatory process. 

15 ‘‘(F) An evaluation or testing activity. 

16 ‘‘(G) Any other activity that promotes the 

17 commercial application of technologies developed 

18 through the program under subsection (b). 

19 ‘‘(3) APPLICATIONS.—The Secretary shall seek 

20 applications for technical assistance under this sub21 section— 

22 ‘‘(A) on a competitive basis; and 

23 ‘‘(B) on a periodic basis, but not less fre24 quently than once every 12 months. 


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1 ‘‘(4) REGIONAL CENTERS.—The Secretary may 

2 designate or establish one or more regional centers to 

3 provide technical assistance to eligible entities to 

4 carry out the activity described in paragraph (2)(A). 

5 ‘‘(h) ADDITIONAL COORDINATION.— 

6 ‘‘(1) MANUFACTURING USA.—In carrying out 

7 this section the Secretary shall consider— 

8 ‘‘(A) leveraging the resources of relevant ex9 isting Manufacturing USA Institutes described 

10 in section 34(d) of the National Institute of 

11 Standards and Technology Act (15 U.S.C. 

12 278s(d)); 

13 ‘‘(B) integrating program activities into a 

14 relevant existing Manufacturing USA Institute; 

15 or 

16 ‘‘(C) awarding financial assistance, con17 sistent with section 34(e) of the National Insti18 tute of Standards and Technology Act (15 U.S.C. 

19 278s(e)), to a person or group of persons to assist 

20 the person or group of persons in planning, es21 tablishing, or supporting a Manufacturing 

22 U.S.A. institute focused on advanced production 

23 of low-emissions cement, concrete, and asphalt. 

24 ‘‘(2) OTHER FEDERAL AGENCIES.—In carrying 

25 out this section, the Secretary shall coordinate with 


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1 other Federal agencies, including the Department of 

2 Defense, the Department of Transportation, and the 

3 National Institute of Standards and Technology, that 

4 are carrying out research and development initiatives 

5 to increase industrial competitiveness and achieve 

6 measurable greenhouse gas or directly related co7 pollutant emissions reductions through the advanced 

8 production of cement, concrete, and asphalt. 

9 ‘‘(i) SUNSET.—This section shall terminate seven 

10 years after the date of the enactment of this section. 

11 ‘‘(j) RESEARCH SECURITY.—The activities authorized 

12 under this section shall be applied in a manner consistent 

13 with subtitle D of title VI of the Research and Development, 

14 Competition, and Innovation Act (enacted as division B of 

15 Public Law 117–167 (42 U.S.C. 19231 et seq.)). 

16 ‘‘(k) RULE OF CONSTRUCTION.—Nothing in this sec17 tion may be construed to amend, alter, or affect the authori18 ties of the Secretary to define, establish, or enforce new envi19 ronmental industry standards for, or related to, cement, 

20 concrete, or asphalt.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents in 

22 section 1(b) of the Infrastructure Investment and Jobs Act 

23 is amended by inserting after the item relating to section 

24 40522 the following new item: 

‘‘Sec. 40523. Advanced cement, concrete, and asphalt production research program.’’. 


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Union Calendar No. 434 

118TH CONGRESS 

2D SESSION H. R. 7685 

[Report No. 118–522] 

A BILL 

To strengthen and enhance the competitiveness of 

production, and for other purposes. the efficiency of cement, concrete, and asphalt velopment of advanced technologies to improve American industry through the research and deMAY 23, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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