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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7685 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 7685

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2024

    Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

 
  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.

    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 ``Innovative Mitigation Partnerships 
for Asphalt and Concrete Technologies Act'' or the ``IMPACT Act''.

SEC. 2. ADVANCED CEMENT, CONCRETE, AND ASPHALT PRODUCTION RESEARCH 
              PROGRAM.

    (a) Program.--Part I of subtitle C of title V of the Infrastructure 
Investment and Jobs Act (Public Law 117-58) is amended by inserting 
after section 40522 the following new section:

``SEC. 40523. ADVANCED CEMENT, CONCRETE, AND ASPHALT PRODUCTION 
              RESEARCH PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Advanced production.--The term `advanced production' 
        means production of cement, concrete, or asphalt with one or 
        more of the following improvements with respect to the 
        production of commercially available cement, concrete, or 
        asphalt:
                    ``(A) Improved cost-effectiveness.
                    ``(B) Improved quality, durability, engineering 
                performance, and resilience.
                    ``(C) Improved efficiency of resource consumption 
                and material demand.
            ``(2) Alternative fuels.--The term `alternative fuels' 
        means any solid, liquid, or gaseous materials, or a combination 
        thereof, used to replace or supplement any portion of fuels 
        used in combustion or pyrolysis for low-emissions cement, 
        concrete, or asphalt.
            ``(3) Commercially available.--The term `commercially 
        available', with respect to cement, concrete, and asphalt, 
        means that the cement, concrete, or asphalt is--
                    ``(A) readily and widely available for purchase in 
                the United States; and
                    ``(B) produced using a production method of cement, 
                concrete, or asphalt products, as applicable, that is 
                widely in use.
            ``(4) Eligible entity.--The term `eligible entity' means 
        any of the following:
                    ``(A) An institution of higher education.
                    ``(B) An appropriate State or Federal entity, 
                including a federally funded research and development 
                center of the Department.
                    ``(C) A nonprofit research institution.
                    ``(D) A private entity.
                    ``(E) Any other relevant entity the Secretary 
                determines appropriate.
                    ``(F) A partnership or consortium of two or more 
                entities described in subparagraphs (A) through (E).
            ``(5) Engineering performance-based standard.--The term 
        `engineering performance-based standard' means an existing 
        engineering standard with respect to which the requirements 
        applicable to such standard are stated in terms of required 
        results, with criteria for verifying compliance rather than 
        specific composition, design, or procedure.
            ``(6) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(7) Low-emissions cement, concrete, and asphalt.--The 
        term `low-emissions cement, concrete, and asphalt' means 
        cement, concrete, asphalt binder, or asphalt mixture that 
        reduces, to the maximum extent practicable, greenhouse gas or 
        directly-related copollutant emissions to levels below 
        commercially available cement, concrete, or asphalt.
            ``(8) Rural area.--The term `rural area' has the meaning 
        given such term in section 343(a) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 1991(a)).
    ``(b) Establishment.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall establish a program of 
research, development, demonstration, and commercial application of 
advanced tools, technologies, and methods for advanced production and 
use of low-emissions cement, concrete, and asphalt in order to--
            ``(1) increase the technological and economic 
        competitiveness of industry and production in the United 
        States;
            ``(2) expand and increase the stability of supply chains 
        through enhanced domestic production, nearshoring, and 
        cooperation with allies;
            ``(3) achieve measurable greenhouse gas or directly related 
        copollutant emissions reductions in the production processes 
        for cement, concrete, and asphalt products; and
            ``(4) create quality domestic jobs.
    ``(c) Requirements.--In carrying out the program under subsection 
(b), the Secretary shall--
            ``(1) coordinate with the programs and activities 
        authorized under title VI of division Z of the Consolidated 
        Appropriations Act, 2021 (relating to industrial and 
        manufacturing technologies) and the amendments made by such 
        title;
            ``(2) coordinate across all relevant program offices of the 
        Department, including the Office of Science, the Advanced 
        Research Projects Agency-Energy, the Office of Clean Energy 
        Demonstrations, the Office of Energy Efficiency and Renewable 
        Energy, the Office of Fossil Energy, the Office of Industrial 
        Efficiency and Decarbonization, the Office of Manufacturing and 
        Energy Supply Chains, and the Office of Nuclear Energy;
            ``(3) leverage, to the extent practicable, the research 
        infrastructure of the Department, including scientific 
        computing user facilities, x-ray light sources, neutron 
        scattering facilities, and nanoscale science research centers; 
        and
            ``(4) conduct research, development, demonstration, and 
        commercial application of the advanced production of low-
        emissions cement, concrete, and asphalt that have the potential 
        to increase domestic production and employment in both advanced 
        and commercially available processes.
    ``(d) Strategic Plan.--
            ``(1) In general.--Not later than 180 days after the 
        establishment of the program under subsection (b), the 
        Secretary shall develop a 5-year strategic plan identifying 
        research, development, demonstration, and commercial 
        application goals for such program. The Secretary shall submit 
        such plan to the Committee on Science, Space, and Technology of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate.
            ``(2) Contents.--The strategic plan under paragraph (1) 
        shall--
                    ``(A) identify programs at the Department related 
                to the advanced production of low-emissions cement, 
                concrete, and asphalt that support the research, 
                development, demonstration, and commercial application 
                activities described in this section, and the 
                demonstration projects under subsection (f);
                    ``(B) establish technological and programmatic 
                goals to achieve the requirements specified in 
                subsection (c); and
                    ``(C) include timelines for the accomplishment of 
                such goals developed under the plan.
            ``(3) Updates to plan.--Not less than once every two years, 
        the Secretary shall submit to the Committee on Science, Space, 
        and Technology of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate an 
        updated version of the strategic plan under paragraph (1).
    ``(e) Focus Areas.--In carrying out the program established in 
subsection (c), the Secretary shall focus on the following:
            ``(1) Carbon capture technologies for low-emissions cement, 
        concrete, and asphalt production processes, which may include 
        the following:
                    ``(A) Oxycombustion and chemical looping 
                technologies.
                    ``(B) Precombustion technologies.
                    ``(C) Post combustion technologies.
                    ``(D) Direct carbon dioxide separation 
                technologies.
            ``(2) Materials, technologies, inputs, and processes that--
                    ``(A) produce fewer greenhouse gas or directly 
                related copollutant emissions during production, use, 
                and end use of cement, concrete, and asphalt; or
                    ``(B) provide quality, durability, resilience, 
                engineering, or other performance metrics equal to or 
                greater than commercially available products.
            ``(3) Medium- and high-temperature heat-generation 
        technologies used for the advanced production of low-emissions 
        cement, concrete, and asphalt which may include the following:
                    ``(A) Alternative fuels.
                    ``(B) Renewable heat-generation and storage 
                technology.
                    ``(C) Electrification of heating processes.
                    ``(D) Other clean heat-generation technologies and 
                sources.
            ``(4) Technologies and practices that increase the 
        efficiency of energy use, natural resource consumption, or 
        material demand, which may include the following:
                    ``(A) Designing products that encourage reuse, 
                refurbishment, remanufacturing, and recycling.
                    ``(B) Minimizing waste, including waste heat, from 
                low-emissions cement, concrete, and asphalt production 
                processes, including through the reuse of waste as a 
                resource in other industrial processes for mutual 
                benefit.
                    ``(C) Increasing the overall energy efficiency of 
                low-emissions cement, concrete, and asphalt production 
                processes, including through life cycle assessments.
            ``(5) Technologies and approaches to reduce greenhouse gas 
        or directly related copollutant emissions from the advanced 
        production of cement, concrete, and asphalt.
            ``(6) High-performance computing to develop advanced 
        materials and production processes that may contribute to the 
        focus areas described in paragraphs (1) through (5), including 
        the following:
                    ``(A) Modeling, simulation, and optimization of the 
                design of cost-effective and energy-efficient products 
                and processes.
                    ``(B) The use of digital prototyping and additive 
                production to enhance product design.
            ``(7) Advanced sensor technologies and methods to monitor 
        and quantify the performance of low-emissions cement, concrete, 
        and asphalt materials at scale and under a variety of 
        conditions.
            ``(8) Technologies that can be retrofitted at cement, 
        concrete, and asphalt plants that represent the most common 
        facility types in the United States and in other countries, 
        with consideration for field validation of such retrofits.
            ``(9) Best practices for data standardization and data 
        sharing tools and technologies, in coordination with relevant 
        Federal agencies.
            ``(10) Fundamental research in chemistry and materials 
        science to identify the following:
                    ``(A) Novel materials and alternative domestic 
                feedstocks and processing operations for the advanced 
                production of low-emissions cement, concrete, and 
                asphalt.
                    ``(B) Improved understanding by eligible entities 
                of the mechanisms that determine the performance and 
                durability of low-emissions cement, concrete, and 
                asphalt over time.
    ``(f) Demonstrations.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of the enactment of this section, the Secretary, in 
        carrying out the program established in subsection (b), and in 
        collaboration with the Secretary of Transportation, the 
        Administrator of General Services, industry partners, 
        institutions of higher education, and National Laboratories, 
        shall support demonstrations of advanced production of low-
        emissions cement, concrete, and asphalt that uses either--
                    ``(A) a single technology or practice; or
                    ``(B) a combination of multiple technologies or 
                practices.
            ``(2) Selection requirements.--In carrying out the 
        demonstrations under paragraph (1), the Secretary shall select 
        eligible entities to carry out demonstration projects and to 
        the maximum extent practicable--
                    ``(A) encourage regional diversity among eligible 
                entities, including participation by entities located 
                in rural areas;
                    ``(B) encourage technological diversity among 
                eligible entities; and
                    ``(C) ensure that specific projects selected--
                            ``(i) expand on the existing technology 
                        demonstration programs of the Department;
                            ``(ii) are based on the extent of 
                        greenhouse gas emissions reductions achieved; 
                        and
                            ``(iii) prioritize leveraging matching 
                        funds from non-Federal sources.
            ``(3) Reports.--The Secretary shall submit to the Committee 
        on Science, Space, and Technology of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate--
                    ``(A) not less frequently than once every two years 
                for the duration of the demonstrations under paragraph 
                (1), a report describing the performance of such 
                demonstration; and
                    ``(B) if any such demonstration is terminated, an 
                assessment of the success of, and education provided 
                by, the measures carried out by such demonstration.
            ``(4) Termination.--The Secretary may terminate the 
        demonstratives under paragraph (1) if the Secretary determines 
        that sufficient low-emissions cement, concrete, and asphalt 
        produced through advanced production are commercially available 
        domestically at a price comparable to the price of cement, 
        concrete, and asphalt produced through traditional methods of 
        production.
    ``(g) Technical Assistance Program.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Transportation, the Secretary of Commerce (acting 
        through the Director of the National Institute of Standards and 
        Technology), the Administrator of General Services, the 
        Administrator of the Environmental Protection Agency, and 
        appropriate representatives of relevant standards development 
        organizations, shall provide technical assistance to eligible 
        entities to carry out an activity described in paragraph (2) to 
        promote the commercial application of technologies for the 
        production and use of low-emissions cement, concrete, and 
        asphalt.
            ``(2) Activities described.--An activity referred to in 
        paragraph (1) is any of the following:
                    ``(A) Efforts related to collecting data that could 
                be used in the updating of local codes, specifications, 
                and standards to engineering performance-based 
                standards.
                    ``(B) A lifecycle assessment of the final product.
                    ``(C) An environmental impact comparison between 
                different cements, concretes, and asphalts.
                    ``(D) A techno-economic assessment.
                    ``(E) An environmental permitting or other 
                regulatory process.
                    ``(F) An evaluation or testing activity.
                    ``(G) Any other activity that promotes the 
                commercial application of technologies developed 
                through the program under subsection (b).
            ``(3) Applications.--The Secretary shall seek applications 
        for technical assistance under this subsection--
                    ``(A) on a competitive basis; and
                    ``(B) on a periodic basis, but not less frequently 
                than once every 12 months.
            ``(4) Regional centers.--The Secretary may designate or 
        establish one or more regional centers to provide technical 
        assistance to eligible entities to carry out the activity 
        described in paragraph (2)(A).
    ``(h) Additional Coordination.--
            ``(1) Manufacturing usa.--In carrying out this section the 
        Secretary shall consider--
                    ``(A) leveraging the resources of relevant existing 
                Manufacturing USA Institutes described in section 34(d) 
                of the National Institute of Standards and Technology 
                Act (15 U.S.C. 278s(d));
                    ``(B) integrating program activities into a 
                relevant existing Manufacturing USA Institute; or
                    ``(C) awarding financial assistance, consistent 
                with section 34(e) of the National Institute of 
                Standards and Technology Act (15 U.S.C. 278s(e)), to a 
                person or group of persons to assist the person or 
                group of persons in planning, establishing, or 
                supporting a Manufacturing U.S.A. institute focused on 
                advanced production of low-emissions cement, concrete, 
                and asphalt.
            ``(2) Other federal agencies.--In carrying out this 
        section, the Secretary shall coordinate with other Federal 
        agencies, including the Department of Defense, the Department 
        of Transportation, and the National Institute of Standards and 
        Technology, that are carrying out research and development 
        initiatives to increase industrial competitiveness and achieve 
        measurable greenhouse gas or directly related copollutant 
        emissions reductions through the advanced production of cement, 
        concrete, and asphalt.
    ``(i) Sunset.--This section shall terminate seven years after the 
date of the enactment of this section.
    ``(j) Research Security.--The activities authorized under this 
section shall be applied in a manner consistent with subtitle D of 
title VI of the Research and Development, Competition, and Innovation 
Act (enacted as division B of Public Law 117-167 (42 U.S.C. 19231 et 
seq.)).
    ``(k) Rule of Construction.--Nothing in this section may be 
construed to amend, alter, or affect the authorities of the Secretary 
to define, establish, or enforce new environmental industry standards 
for, or related to, cement, concrete, or asphalt.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Infrastructure Investment and Jobs Act is amended by inserting 
after the item relating to section 40522 the following new item:

``Sec. 40523. Advanced cement, concrete, and asphalt production 
                            research program.''.

            Passed the House of Representatives September 23, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
```