II 

118TH CONGRESS 

1ST SESSION S. 3439 

To strengthen and enhance the competitiveness of cement, concrete, asphalt 

binder, and asphalt mixture production in the United States through 

the research, development, demonstration, and commercial application 

of technologies to reduce emissions from cement, concrete, asphalt binder, 

and asphalt mixture production, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2023 

Mr. COONS (for himself and Mr. TILLIS) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To strengthen and enhance the competitiveness of cement, 

concrete, asphalt binder, and asphalt mixture production 

in the United States through the research, development, 

demonstration, and commercial application of technologies to reduce emissions from cement, concrete, asphalt binder, and asphalt mixture production, and for 

other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Concrete and Asphalt 

3 Innovation Act of 2023’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) BASELINE EMBODIED GREENHOUSE GAS

7 EMISSIONS.—The term ‘‘baseline embodied green8 house gas emissions’’ has the meaning given the 

9 term in section 458(b) of the Energy Independence 

10 and Security Act of 2007. 

11 (2) COMMERCIALLY AVAILABLE.—The term 

12 ‘‘commercially available’’ has the meaning given the 

13 term in section 458(b) of the Energy Independence 

14 and Security Act of 2007. 

15 (3) EMBODIED GREENHOUSE GAS EMISSIONS.— 

16 The term ‘‘embodied greenhouse gas emissions’’ has 

17 the meaning given the term in section 458(b) of the 

18 Energy Independence and Security Act of 2007. 

19 (4) ENGINEERING PERFORMANCE STANDARD.— 

20 The term ‘‘engineering performance standard’’ has 

21 the meaning given the term in section 458(b) of the 

22 Energy Independence and Security Act of 2007. 

23 (5) ENVIRONMENTAL PRODUCT DECLARA24 TION.—The term ‘‘environmental product declara25 tion’’ means a product-specific type III environ26 mental product declaration that— 


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1 (A) conforms to ISO Standard 14025; 

2 (B) assesses the embodied greenhouse gas 

3 emissions of the product; 

4 (C) assesses copollutant emissions; and 

5 (D) allows for environmental impact com6 parisons between different cements, concretes, 

7 asphalt binders, and asphalt mixtures produced 

8 using the same product category rule. 

9 (6) LOW-EMISSIONS CEMENT, CONCRETE, AS10 PHALT BINDER, OR ASPHALT MIXTURE.—The term 

11 ‘‘low-emissions cement, concrete, asphalt binder, or 

12 asphalt mixture’’ has the meaning given the term in 

13 section 458(b) of the Energy Independence and Se14 curity Act of 2007. 

15 (7) PORTLAND CEMENT.—The term ‘‘portland 

16 cement’’ means any hydraulic cement produced by 

17 pulverizing portland-cement clinker, usually includ18 ing calcium sulfate and other ingredients as identi19 fied in specifications. 

20 (8) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Energy. 

22 (9) TASK FORCE.—The term ‘‘Task Force’’ 

23 means the Interagency Task Force for Concrete and 

24 Asphalt Innovation established under section 7(a). 


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1 SEC. 3. LOW-EMISSIONS CEMENT, CONCRETE, ASPHALT 

2 BINDER, AND ASPHALT MIXTURE PRODUC3 TION RESEARCH PROGRAM. 

4 (a) IN GENERAL.—Subtitle D of title IV of the En5 ergy Independence and Security Act of 2007 (42 U.S.C. 

6 17111 et seq.) is amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 458. LOW-EMISSIONS CEMENT, CONCRETE, ASPHALT 

9 BINDER, AND ASPHALT MIXTURE PRODUC10 TION RESEARCH PROGRAM. 

11 ‘‘(a) PURPOSE.—The purpose of this section is to ad12 vance the research and development of innovative tech13 nologies aimed at— 

14 ‘‘(1) achieving significant greenhouse gas emis15 sions and copollutant emissions reductions in the 

16 production processes for cement, concrete, asphalt 

17 binder, and asphalt mixture products; 

18 ‘‘(2) increasing the technological and economic 

19 competitiveness of industry and production in the 

20 United States; 

21 ‘‘(3) increasing the stability of supply chains 

22 through enhanced domestic production, nearshoring, 

23 and cooperation with allies; and 

24 ‘‘(4) creating quality domestic jobs. 

25 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) ALTERNATIVE FUELS.—The term ‘alter2 native fuels’ means any solid, liquid, or gaseous ma3 terial, or any combination of those materials, used to 

4 replace or supplement any portion of fuels used in 

5 combustion or pyrolysis for the production of low6 emissions cement, concrete, asphalt binder, or as7 phalt mixture. 

8 ‘‘(2) BASELINE EMBODIED GREENHOUSE GAS

9 EMISSIONS.—The term ‘baseline embodied green10 house gas emissions’ means the reported regional in11 dustry averages of embodied greenhouse gas emis12 sions of cement, concrete, asphalt binder, or asphalt 

13 mixture, as determined by the Secretary under sub14 section (i)(1). 

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

16 ‘commercially available’, with respect to cement, con17 crete, asphalt binder, and asphalt mixture, means 

18 that the cement, concrete, asphalt binder, or asphalt 

19 mixture is, or the component materials of cement, 

20 concrete, asphalt binder, and asphalt mixture are— 

21 ‘‘(A) readily and widely available for public 

22 purchase in the United States; and 

23 ‘‘(B) produced using a production method 

24 that is widely in use. 


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1 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en2 tity’ means— 

3 ‘‘(A) a Federal entity, including a federally 

4 funded research and development center of the 

5 Department; 

6 ‘‘(B) a State, territory, or possession of 

7 the United States; 

8 ‘‘(C) a municipality of a State or equiva9 lent geographic area in a territory or possession 

10 of the United States; 

11 ‘‘(D) a State energy office (as defined in 

12 section 124(a) of the Energy Policy Act of 2005 

13 (42 U.S.C. 15821(a))); 

14 ‘‘(E) a State energy financing institution 

15 (as defined in section 1701 of the Energy Pol16 icy Act of 2005 (42 U.S.C. 16511)); 

17 ‘‘(F) an institution of higher education; 

18 ‘‘(G) a nonprofit research institution; 

19 ‘‘(H) a private entity; 

20 ‘‘(I) any other relevant entity the Secretary 

21 determines to be appropriate; and 

22 ‘‘(J) a partnership or consortium of 2 or 

23 more entities described in any of subparagraphs 

24 (A) through (I). 


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1 ‘‘(5) EMBODIED GREENHOUSE GAS EMIS2 SIONS.—The term ‘embodied greenhouse gas emis3 sions’ means greenhouse gas emissions, measured in 

4 global warming potential, generated as a result of 

5 the production of a material, including mining, refin6 ing, manufacturing, and shipping. 

7 ‘‘(6) ENGINEERING PERFORMANCE STAND8 ARD.—The term ‘engineering performance standard’ 

9 means a standard in which the requirements are 

10 stated in terms of required results, with criteria for 

11 verifying compliance rather than specific composi12 tion, design, or procedure. 

13 ‘‘(7) LOW-EMISSIONS CEMENT, CONCRETE, AS14 PHALT BINDER, OR ASPHALT MIXTURE.—The term 

15 ‘low-emissions cement, concrete, asphalt binder, or 

16 asphalt mixture’ means cement, concrete, asphalt 

17 binder, or asphalt mixture, as determined by the 

18 Secretary under subsection (i)(1)— 

19 ‘‘(A) that has substantially lower embodied 

20 greenhouse gas emissions and copollutant emis21 sions than the baseline embodied greenhouse 

22 gas emissions of the cement, concrete, asphalt 

23 binder, or asphalt mixture, as applicable; and 

24 ‘‘(B) the substantially lower embodied 

25 greenhouse gas emissions and copollutant emisVerDate Sep 11 2014 01:55 Dec 19, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3439.IS S3439

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1 sions of which are achieved through any com2 bination of— 

3 ‘‘(i) production processes using low4 carbon feedstocks; 

5 ‘‘(ii) higher energy efficiency at the 

6 level of the cement, concrete, asphalt bind7 er, or asphalt mixture plant; 

8 ‘‘(iii) low-carbon fuel substitution at 

9 the level of the cement, concrete, asphalt 

10 binder, or asphalt mixture plant; 

11 ‘‘(iv) local production of, and use of 

12 locally sourced material in, the concrete or 

13 asphalt mixture, resulting in reduced con14 crete or asphalt mixture delivery miles and 

15 reduced emissions from transportation; 

16 ‘‘(v) the reduction of clinker content 

17 in the cement component of concrete or the 

18 substitution of clinker content with less 

19 carbon-intensive alternative materials, such 

20 as slag cement, coal ash, natural 

21 pozzolans, recycled ground-glass pozzolan, 

22 or other supplementary cementitious mate23 rial; 

24 ‘‘(vi) the reduction of petroleum-based 

25 asphalt in the asphalt binder component of 


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1 asphalt mixtures, or the substitution of pe2 troleum-based asphalt with less carbon-in3 tensive alternative materials such as 

4 biobased binder, recycled material, or other 

5 alternative; 

6 ‘‘(vii) the reduction of cement in con7 crete or asphalt binder in asphalt mixtures 

8 through mixture optimization, including 

9 the use of admixtures; 

10 ‘‘(viii) the capture, storage, or use of 

11 point source carbon dioxide emissions dur12 ing the cement, concrete, or asphalt binder 

13 production process; 

14 ‘‘(ix) the use and storage of carbon in 

15 concrete or asphalt mixture materials; 

16 ‘‘(x) the use of noncarbonate feed17 stocks at the level of the cement plant; or 

18 ‘‘(xi) other technologies, practices, or 

19 processes determined by the Secretary. 

20 ‘‘(8) NATIONAL LABORATORY.—The term ‘Na21 tional Laboratory’ has the meaning given the term 

22 in section 2 of the Energy Policy Act of 2005 (42 

23 U.S.C. 15801). 

24 ‘‘(9) RELEVANT CENTERS.—The term ‘relevant 

25 Centers’ means— 


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1 ‘‘(A) the Turner-Fairbank Highway Re2 search Center; 

3 ‘‘(B) the William J. Hughes Technical 

4 Center; 

5 ‘‘(C) the U.S. Army Engineer Research 

6 and Development Center, including the Con7 struction Engineering Research Laboratory; 

8 and 

9 ‘‘(D) the Technical Service Center of the 

10 Bureau of Reclamation. 

11 ‘‘(10) TASK FORCE.—The term ‘Task Force’ 

12 means the Interagency Task Force for Concrete and 

13 Asphalt Innovation established under section 7(a) of 

14 the Concrete and Asphalt Innovation Act of 2023. 

15 ‘‘(c) ESTABLISHMENT OF PROGRAM.—Not later than 

16 180 days after the date of enactment of the Concrete and 

17 Asphalt Innovation Act of 2023, the Secretary shall estab18 lish a program of research, development, demonstration, 

19 and commercial application of tools, technologies, and 

20 methods for the production and use of low-emissions ce21 ment, concrete, asphalt binder, or asphalt mixture. 

22 ‘‘(d) REQUIREMENTS.—In carrying out the program 

23 established under subsection (c), the Secretary shall— 

24 ‘‘(1) coordinate the activities carried out under 

25 that program with, as applicable— 


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1 ‘‘(A) the activities of the Industrial Effi2 ciency and Decarbonization Office of the Office 

3 of Energy Efficiency and Renewable Energy of 

4 the Department, the Advanced Materials and 

5 Manufacturing Technologies Office of the Office 

6 of Energy Efficiency and Renewable Energy of 

7 the Department, the Office of Fossil Energy 

8 and Carbon Management of the Department, 

9 the Office of Manufacturing and Energy Supply 

10 Chains of the Department, the Building Tech11 nologies Office of the Department, the Office of 

12 Clean Energy Demonstrations of the Depart13 ment, the Department of Transportation, the 

14 Department of Defense, and the General Serv15 ices Administration, including activities carried 

16 out pursuant to a collaborative research and de17 velopment partnership described in section 6(a) 

18 of the American Energy Manufacturing Tech19 nical Corrections Act (42 U.S.C. 6351(a)); 

20 ‘‘(B) the activities carried out under sec21 tions 454, 455, and 456; and 

22 ‘‘(C) activities carried out pursuant to the 

23 national plan for smart manufacturing tech24 nology development and deployment developed 


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1 under section 6006 of the Energy Act of 2020 

2 (42 U.S.C. 17115a); and 

3 ‘‘(2) conduct research, development, and dem4 onstration of technologies for the production and use 

5 of low-emissions cement, concrete, asphalt binder, 

6 and asphalt mixtures that have the potential to in7 crease— 

8 ‘‘(A) domestic production and use of low9 emissions cement, concrete, asphalt binder, and 

10 asphalt mixtures; and 

11 ‘‘(B) employment in fields relating to that 

12 domestic production and use. 

13 ‘‘(e) FOCUS AREAS.—In carrying out the program es14 tablished under subsection (c), the Secretary shall focus 

15 on— 

16 ‘‘(1) carbon capture technologies for cement or 

17 asphalt binder production processes, which may in18 clude— 

19 ‘‘(A) oxycombustion and chemical looping 

20 technologies; 

21 ‘‘(B) precombustion technologies; 

22 ‘‘(C) postcombustion technologies; or 

23 ‘‘(D) direct carbon dioxide separation tech24 nologies; 


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1 ‘‘(2) alternative materials, technologies, and 

2 processes that— 

3 ‘‘(A) produce fewer greenhouse gas and co4 pollutant emissions during production, use, or 

5 end use of cement, concrete, asphalt binder, or 

6 asphalt mixtures; and 

7 ‘‘(B) with respect to quality, durability, 

8 and resilience, provide products that are equiva9 lent to or better than commercially available 

10 products; 

11 ‘‘(3) medium- and high-temperature heat-gen12 eration technologies used for production of low-emis13 sions cement, asphalt binder, and asphalt mixtures, 

14 which may include— 

15 ‘‘(A) alternative fuels; 

16 ‘‘(B) renewable heat-generation and stor17 age technology; 

18 ‘‘(C) electrification of heating processes; or 

19 ‘‘(D) other heat-generation and storage 

20 sources; 

21 ‘‘(4) technologies and practices that minimize 

22 energy and natural resource consumption, which 

23 may include— 

24 ‘‘(A) designing products that enable reuse, 

25 refurbishment, remanufacturing, or recycling; 


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1 ‘‘(B) minimizing waste, including waste 

2 heat, from cement, concrete, asphalt binder, 

3 and asphalt mixture production processes, in4 cluding through the reuse of waste as a re5 source in other industrial processes for mutual 

6 benefit; 

7 ‘‘(C) increasing resource efficiency; or 

8 ‘‘(D) increasing the energy efficiency of ce9 ment, concrete, asphalt binder, or asphalt mix10 ture production processes; 

11 ‘‘(5) technologies and approaches to reduce co12 pollutants from the production of cement, concrete, 

13 asphalt binder, or asphalt mixtures, including— 

14 ‘‘(A) sulfur dioxide; 

15 ‘‘(B) nitrogen oxide; 

16 ‘‘(C) particulate matter; 

17 ‘‘(D) carbon monoxide emissions; and 

18 ‘‘(E) a hazardous air pollutant (as defined 

19 in section 112(a) of the Clean Air Act (42 

20 U.S.C. 7412(a))); 

21 ‘‘(6) high-performance computing to develop ad22 vanced materials and production processes that may 

23 contribute to the focus areas described in para24 graphs (1) through (5), including— 


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1 ‘‘(A) modeling, simulation, and optimiza2 tion of the design of energy-efficient and sus3 tainable products; and 

4 ‘‘(B) the use of digital prototyping and ad5 ditive production to enhance product design; 

6 and 

7 ‘‘(7) technologies that can be retrofitted at ce8 ment, concrete, asphalt binder, or asphalt mixture 

9 plants that represent the most common facility types 

10 in the United States and in other countries. 

11 ‘‘(f) STRATEGIC PLAN.— 

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

13 after the date of enactment of the Concrete and As14 phalt Innovation Act of 2023, the Secretary shall de15 velop and submit to the Committee on Energy and 

16 Natural Resources of the Senate and the Committee 

17 on Science, Space, and Technology of the House of 

18 Representatives a 5-year strategic plan identifying 

19 research, development, demonstration, and commer20 cial application goals for the program established 

21 under subsection (c). 

22 ‘‘(2) CONTENTS.—The strategic plan developed 

23 under paragraph (1) shall— 


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1 ‘‘(A) establish technological and pro2 grammatic goals to achieve the requirements 

3 described in subsection (d); 

4 ‘‘(B) document existing activities of the 

5 Department relating to low-emissions cement, 

6 concrete, asphalt binder, or asphalt mixtures; 

7 ‘‘(C) identify existing programs of the De8 partment that— 

9 ‘‘(i) relate to the production of low10 emissions cement, concrete, asphalt binder, 

11 or asphalt mixtures; and 

12 ‘‘(ii) support, or could support, the re13 search, development, demonstration, and 

14 commercial application activities described 

15 in this section, including any demonstra16 tion projects carried out under subsection 

17 (g); 

18 ‘‘(D) to avoid duplication of efforts, incor19 porate findings from— 

20 ‘‘(i) the document of the Department 

21 entitled ‘Industrial Decarbonization Road22 map’, numbered DOE/EE–2635, and 

23 dated September 2022; and 

24 ‘‘(ii) the document of the Department 

25 entitled ‘Pathway to Commercial Liftoff: 


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1 Low-Carbon Cement’, and dated Sep2 tember 2023; 

3 ‘‘(E) identify any new programs needed to 

4 fully carry out this section; 

5 ‘‘(F) identify resource needs of the Depart6 ment relating to the research, development, and 

7 demonstration of technologies for the produc8 tion and use of low-emissions cement, concrete, 

9 asphalt binder, and asphalt mixtures; 

10 ‘‘(G) identify research areas that the pri11 vate sector is unable or unwilling to undertake 

12 due to the cost of, or risks associated with, the 

13 research; and 

14 ‘‘(H) identify and engage in opportunities 

15 for the Department, National Laboratories, and 

16 relevant Centers to participate in international 

17 standards setting to enhance United States 

18 manufacturing competitiveness. 

19 ‘‘(3) UPDATES TO PLAN.—Not less frequently 

20 than once every 2 years, the Secretary shall submit 

21 to the Committee on Energy and Natural Resources 

22 of the Senate and the Committee on Science, Space, 

23 and Technology of the House of Representatives an 

24 updated version of the strategic plan developed 

25 under paragraph (1). 


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1 ‘‘(g) DEMONSTRATION INITIATIVE.— 

2 ‘‘(1) ESTABLISHMENT.—Not later than 180 

3 days after the date of enactment of the Concrete 

4 and Asphalt Innovation Act of 2023, the Secretary, 

5 in consultation with industry partners, institutions 

6 of higher education, environmental nongovernmental 

7 organizations, the Secretary of Transportation, the 

8 Administrator of General Services, National Labora9 tories, and relevant Centers, shall establish, as part 

10 of the program established under subsection (c), an 

11 initiative (referred to in this subsection as the ‘ini12 tiative’) for the demonstration of 1 or more methods 

13 for the production of low-emissions cement, concrete, 

14 asphalt binder, and asphalt mixtures that use ei15 ther— 

16 ‘‘(A) a single technology; or 

17 ‘‘(B) a combination of multiple tech18 nologies. 

19 ‘‘(2) SELECTION OF ELIGIBLE ENTITIES.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 select eligible entities to carry out demonstra22 tion projects under the initiative. 

23 ‘‘(B) REQUIREMENTS.—In selecting eligi24 ble entities to carry out demonstration projects 


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1 under subparagraph (A), the Secretary, to the 

2 maximum extent practicable, shall— 

3 ‘‘(i) ensure— 

4 ‘‘(I) regional diversity among the 

5 eligible entities selected, including by 

6 selecting eligible entities located in 

7 rural areas (as defined in section 

8 343(a) of the Consolidated Farm and 

9 Rural Development Act (7 U.S.C. 

10 1991(a))); 

11 ‘‘(II) technological diversity 

12 among the eligible entities selected; 

13 and 

14 ‘‘(III) that the projects carried 

15 out by those eligible entities under the 

16 initiative expand on the existing tech17 nology demonstration programs of the 

18 Department; and 

19 ‘‘(ii) prioritize the selection of eligible 

20 entities— 

21 ‘‘(I) based on the extent to which 

22 the projects carried out by the eligible 

23 entities contribute to emissions reduc24 tions; and 


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1 ‘‘(II) that will carry out projects 

2 that leverage matching funds from 

3 non-Federal sources. 

4 ‘‘(3) REPORTS.— 

5 ‘‘(A) IN GENERAL.—Not less frequently 

6 than once every 2 years for the duration of the 

7 initiative, the Secretary shall submit to the 

8 Committee on Energy and Natural Resources of 

9 the Senate and the Committee on Science, 

10 Space, and Technology of the House of Rep11 resentatives a report that, for the period cov12 ered by the report— 

13 ‘‘(i) describes the activities carried out 

14 by the Secretary in support of the initia15 tive; 

16 ‘‘(ii) provides a review of the cost17 competitiveness and other value streams, 

18 the technology readiness level, and the 

19 adoption readiness level of each technology 

20 demonstrated under the initiative; 

21 ‘‘(iii) describes the status and out22 comes of any projects carried out under 

23 the initiative; and 

24 ‘‘(iv) recommends appropriate applica25 tion of cement, concrete, asphalt binder, 


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1 and asphalt mixture materials, in consulta2 tion with engineering and design experts 

3 with demonstrated records of utilization of 

4 novel materials in construction. 

5 ‘‘(B) FINAL REPORT.—If the initiative is 

6 terminated, the Secretary shall submit to the 

7 Committee on Energy and Natural Resources of 

8 the Senate and the Committee on Science, 

9 Space, and Technology of the House of Rep10 resentatives a report assessing the success of, 

11 and any education provided by, the demonstra12 tion projects carried out by any recipients of fi13 nancial assistance under the initiative. 

14 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to the Sec16 retary to carry out the initiative $200,000,000 for 

17 the period of fiscal years 2025 through 2029. 

18 ‘‘(5) TERMINATION.—The Secretary may termi19 nate the initiative if the Secretary determines that 

20 sufficient low-emissions cement, concrete, asphalt 

21 binder, and asphalt mixtures are commercially avail22 able domestically at a price comparable to the price 

23 of cement, concrete, asphalt binder, and asphalt mix24 tures produced through traditional methods of pro25 duction. 


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1 ‘‘(h) TECHNICAL ASSISTANCE PROGRAM.— 

2 ‘‘(1) IN GENERAL.—The Secretary, in consulta3 tion with the Secretary of Transportation, the Sec4 retary of Commerce (acting through the Director of 

5 the National Institute of Standards and Tech6 nology), the Administrator of General Services, and 

7 the Administrator of the Environmental Protection 

8 Agency, shall provide technical assistance to eligible 

9 entities to carry out an activity described in para10 graph (2) to promote the commercial application of 

11 technologies for the production and use of low-emis12 sions cement, concrete, asphalt binder, or asphalt 

13 mixtures. 

14 ‘‘(2) ACTIVITIES DESCRIBED.—An activity re15 ferred to in paragraph (1) is— 

16 ‘‘(A) the updating of local codes, specifica17 tions, and standards to engineering perform18 ance standards; 

19 ‘‘(B) a lifecycle assessment of the final 

20 product; 

21 ‘‘(C) an environmental product declaration 

22 (as defined in section 2 of the Concrete and As23 phalt Innovation Act of 2023); 

24 ‘‘(D) a techno-economic assessment; 


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1 ‘‘(E) an environmental permitting or other 

2 regulatory process; 

3 ‘‘(F) an evaluation or testing activity; or 

4 ‘‘(G) any other activity that promotes the 

5 commercial application of technologies devel6 oped through the program established under 

7 subsection (c). 

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

9 applications for technical assistance under this sub10 section— 

11 ‘‘(A) on a competitive basis; and 

12 ‘‘(B) on a periodic basis, but not less fre13 quently than once every 12 months. 

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

15 designate or establish 1 or more regional centers to 

16 provide technical assistance to eligible entities to 

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

18 ‘‘(i) DETERMINATION OF EMISSION LEVELS.— 

19 ‘‘(1) BASELINE EMBODIED GREENHOUSE GAS

20 EMISSIONS.—The Secretary shall— 

21 ‘‘(A) determine current baseline embodied 

22 greenhouse gas emissions of cement, concrete, 

23 asphalt binder, and asphalt mixtures, including 

24 a detailed methodology for determining each of 

25 those emissions; and 


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1 ‘‘(B) within 1 year of the date of enact2 ment of the Concrete and Asphalt Innovation 

3 Act of 2023, determine a timeline for regional4 level emissions reductions, to the maximum ex5 tent practicable, taking into consideration— 

6 ‘‘(i) potential for greenhouse gas emis7 sions reductions; 

8 ‘‘(ii) feedstock availability; 

9 ‘‘(iii) equipment and skilled workforce 

10 availability; 

11 ‘‘(iv) technology and market readiness 

12 levels of low-emissions cement, concrete, 

13 asphalt binder, and asphalt mixture tech14 nologies; 

15 ‘‘(v) the regulatory and specification 

16 landscape; and 

17 ‘‘(vi) any other factor, as determined 

18 by the Secretary. 

19 ‘‘(2) CONFORMING LOW-EMISSIONS CEMENT, 

20 CONCRETE, ASPHALT BINDER, OR ASPHALT MIX21 TURES FOR DEPARTMENT OF TRANSPORTATION AD22 VANCE PURCHASE COMMITMENTS.—The Secretary 

23 shall establish or update, as applicable, a reasonable 

24 but ambitious threshold, expressed as a percentage25 based delta relative to the current baseline embodied 


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1 greenhouse gas emissions, for purposes of defining 

2 conforming low-emissions cement, concrete, asphalt 

3 binder, or asphalt mixtures under section 6(b)(2) of 

4 the Concrete and Asphalt Innovation Act of 2023, 

5 which shall be reassessed not less frequently than 

6 once every 2 years. 

7 ‘‘(3) CONSULTATION.—In carrying out this sub8 section, the Secretary shall consult with the fol9 lowing stakeholders, who shall reflect regional diver10 sity to the maximum extent practicable: 

11 ‘‘(A) Entities in the cement, concrete, as12 phalt binder, and asphalt mixture sectors, in13 cluding— 

14 ‘‘(i) ready-mix or site-mixed concrete 

15 producers; 

16 ‘‘(ii) precast concrete producers; 

17 ‘‘(iii) portland cement (as defined in 

18 section 2 of the Concrete and Asphalt In19 novation Act of 2023) and other cement 

20 producers; 

21 ‘‘(iv) aggregate producers; 

22 ‘‘(v) asphalt binder producers; 

23 ‘‘(vi) asphalt mixture producers; 


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1 ‘‘(vii) producers of emerging cement, 

2 concrete, asphalt binder, or asphalt mix3 ture solutions; and 

4 ‘‘(viii) distributors and users of ce5 ment, concrete, asphalt binder, or asphalt 

6 mixture production. 

7 ‘‘(B) Contracting companies with at least 

8 1 Federal Government contract awarded in the 

9 preceding 5 years. 

10 ‘‘(C) Contracting companies with at least 1 

11 private sector contract awarded in the pre12 ceding 5 years. 

13 ‘‘(D) Experts, including from nongovern14 mental organizations, on the environmental im15 pact of cement, concrete, asphalt binder, and 

16 asphalt mixture production in architectural and 

17 nonarchitectural applications, with expertise 

18 in— 

19 ‘‘(i) developing codes, specifications, 

20 and standards for cement, concrete, as21 phalt binder, and asphalt mixtures; 

22 ‘‘(ii) conducting performance tests on 

23 cement, concrete, asphalt binder, and as24 phalt mixtures; 


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1 ‘‘(iii) working with the National Insti2 tute of Building Sciences; 

3 ‘‘(iv) working for State departments 

4 of transportation from different regions of 

5 the United States; and 

6 ‘‘(v) developing benchmarks for em7 bodied greenhouse gas emissions. 

8 ‘‘(E) Stakeholders in any other relevant in9 dustries, as determined by the Secretary. 

10 ‘‘(j) MANUFACTURING USA INSTITUTES.—In car11 rying out this section, the Secretary shall— 

12 ‘‘(1) support, including through financial assist13 ance provided under subsection (e) of section 34 of 

14 the National Institute of Standards and Technology 

15 Act (15 U.S.C. 278s), Manufacturing USA insti16 tutes established or supported under section 4(d) of 

17 the Concrete and Asphalt Innovation Act of 2023; 

18 ‘‘(2) leverage the resources of those Manufac19 turing USA institutes; and 

20 ‘‘(3) integrate the activities carried out under 

21 the program established under subsection (c) with 

22 the activities of those Manufacturing USA institutes. 

23 ‘‘(k) OTHER FEDERAL AGENCIES.—In carrying out 

24 this section, the Secretary shall coordinate with relevant 

25 officials at other Federal agencies that are carrying out 


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1 research and development initiatives to increase industrial 

2 competitiveness and achieve significant greenhouse gas 

3 emissions reductions in the production of low-emissions ce4 ment, concrete, asphalt binder, or asphalt mixtures, in5 cluding relevant officials at the Department of Defense, 

6 the Department of Transportation, the General Services 

7 Administration, the Environmental Protection Agency, 

8 and the National Institute of Standards and Technology.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of the Energy Independence and Security 

11 Act of 2007 (Public Law 110–140; 121 Stat. 1494; 134 

12 Stat. 2556; 134 Stat. 2559; 134 Stat. 2560; 135 Stat. 

13 1067) is amended by adding at the end of the items relat14 ing to subtitle D of title IV the following: 

‘‘Sec. 458. Low-emissions cement, concrete, asphalt binder, and asphalt mixture 

production research program.’’. 

15 SEC. 4. LOW-EMISSIONS CONCRETE AND LOW-EMISSIONS 

16 ASPHALT MANUFACTURING USA INSTITUTES. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’ has the meaning given the term in section 

20 458(b) of the Energy Independence and Security Act 

21 of 2007 (as added by section 3). 

22 (2) MANUFACTURING USA INSTITUTE.—The 

23 term ‘‘Manufacturing USA institute’’ has the mean24 ing given the term in section 34(d) of the National 


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1 Institute of Standards and Technology Act (15 

2 U.S.C. 278s(d)). 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Commerce, acting through the Di5 rector of the National Institute of Standards and 

6 Technology. 

7 (b) PURPOSE.—The purpose of this section is to sup8 port— 

9 (1) the development of standardized testing and 

10 technical validation of low-emissions cement, con11 crete, asphalt binder, and asphalt mixtures; and 

12 (2) the expansion, reskilling, and upskilling of 

13 the manufacturing workforce to increase employ14 ment in fields relating to the domestic production 

15 and use of low-emissions cement, concrete, asphalt 

16 binder, and asphalt mixtures. 

17 (c) CONSIDERATIONS.—In carrying out this section, 

18 the Secretary shall consider strategies for— 

19 (1) improving the durability and performance of 

20 cement, concrete, asphalt binder, and asphalt mix21 tures, including low-emissions cement, concrete, as22 phalt binder, and asphalt mixtures; 

23 (2) reducing the cost of low-emissions cement, 

24 concrete, asphalt binder, and asphalt mixtures; 


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1 (3) supporting continuous innovation and emis2 sions reductions in the production of low-emissions 

3 cement, concrete, asphalt binder, and asphalt mix4 tures; 

5 (4) increasing employment in fields relating to 

6 the domestic production and use of low-emissions ce7 ment, concrete, asphalt binder, and asphalt mix8 tures; and 

9 (5) providing information to satisfy the respon10 sibilities of the Task Force. 

11 (d) AUTHORITY TO ESTABLISH OR SUPPORT THE

12 ESTABLISHMENT OF MANUFACTURING USA INSTITUTES

13 FOCUSED ON LOW-EMISSIONS CEMENT AND CONCRETE

14 AND LOW-EMISSIONS ASPHALT BINDER AND MIX15 TURES.— 

16 (1) IN GENERAL.—Subject to subsection (g), 

17 the Secretary may, in consultation with the Sec18 retary of Energy, the Secretary of Transportation, 

19 the Secretary of Defense, and the Administrator of 

20 the General Services Administration, establish, or 

21 award financial assistance under section 34(e)(1) of 

22 the National Institute of Standards and Technology 

23 Act (15 U.S.C. 278s(e)(1)) to plan, establish, or 

24 support, 2 Manufacturing USA institutes, 1 for lowVerDate Sep 11 2014 01:55 Dec 19, 2023 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3439.IS S3439

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1 emissions cement and concrete and 1 for low-emis2 sions asphalt binder and mixtures that— 

3 (A) establish advanced testing capabilities 

4 for properties of low-emissions cement or con5 crete and low-emissions binder or mixtures, re6 spectively, produced by an eligible entity; 

7 (B) provide centralized, publicly available 

8 data on the properties of low-emissions cement 

9 or concrete and low-emissions asphalt binder or 

10 mixtures, respectively; 

11 (C) support the development and imple12 mentation of education, training, and workforce 

13 recruitment courses, materials, and programs 

14 addressing workforce needs in fields related to 

15 the domestic production and use of low-emis16 sions cement or concrete, and low-emissions as17 phalt binder or mixtures, respectively, through 

18 training and education programs at all appro19 priate education levels; and 

20 (D) provide collected information to the 

21 Task Force. 

22 (2) COORDINATION.—In addition to subpara23 graphs (A) through (D) of paragraph (1), the Sec24 retary shall require the Manufacturing USA insti25 tutes established, planned, or supported under such 


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1 paragraph to coordinate with the research program 

2 established under section 458(c) of the Energy Inde3 pendence and Security Act of 2007, as added by sec4 tion 3, to carry out activities focused on researching, 

5 developing, demonstrating, and deploying low-emis6 sions cement, concrete, asphalt binder, and asphalt 

7 mixtures. 

8 (3) SUPPORT AND ASSISTANCE FOR STATES.— 

9 (A) IN GENERAL.—The Manufacturing 

10 USA institutes established, planned, or sup11 ported under paragraph (1) shall, pursuant to 

12 a request from a State agency for testing sup13 port, guidance, or resources, provide the State 

14 agency with such testing support, guidance, or 

15 resources in the form of technical assistance or 

16 a grant. 

17 (B) CONDITION.—The Secretary shall re18 quire, as a condition on the receipt of a grant 

19 under subparagraph (A), that the recipient of 

20 the grant make publicly available all data col21 lected by the recipient using amounts from the 

22 grant. 

23 (e) SELECTION OF CEMENT, CONCRETE, ASPHALT

24 BINDER, OR ASPHALT MIXTURES FOR TESTING.—In se25 lecting cement, concrete, asphalt binder, or asphalt mixVerDate Sep 11 2014 01:55 Dec 19, 2023 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3439.IS S3439

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1 tures from eligible entities for testing by the Manufac2 turing USA institutes established, planned, or supported 

3 under subsection (d)(1), the Manufacturing USA insti4 tutes shall— 

5 (1) seek to achieve regional diversity in the ce6 ment, concrete, asphalt binder, or asphalt mixtures 

7 from eligible entities selected for testing; 

8 (2) seek to achieve technological diversity in the 

9 cement, concrete, asphalt binder, or asphalt mixtures 

10 from eligible entities selected for testing; 

11 (3) prioritize cement, concrete, asphalt binder, 

12 or asphalt mixtures from eligible entities that lever13 age matching funds from non-Federal sources; and 

14 (4) prioritize projects that would have the 

15 greatest reduction in emissions on a lifecycle basis. 

16 (f) ALTERNATIVES.—The Secretary may carry out 

17 this section by— 

18 (1) leveraging resources of relevant existing 

19 Manufacturing USA institutes; 

20 (2) integrating program activities into a rel21 evant existing Manufacturing USA institute; or 

22 (3) establishing new Manufacturing USA insti23 tutes in accordance with subsection (d). 


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1 (g) FUNDING.—The Secretary shall carry out this 

2 section using amounts otherwise available to the Sec3 retary. 

4 SEC. 5. FEDERAL HIGHWAY ADMINISTRATION. 

5 (a) PERFORMANCE-BASED LOW-EMISSIONS TRANS6 PORTATION MATERIALS GRANTS.— 

7 (1) PURPOSE.—The purpose of this subsection 

8 is to encourage States to improve State-level cement, 

9 concrete, asphalt binder, and asphalt mixture speci10 fications and standards to facilitate the purchase of 

11 low-emissions cement, concrete, asphalt binder, or 

12 asphalt mixtures. 

13 (2) ESTABLISHMENT.—The Administrator of 

14 the Federal Highway Administration (referred to in 

15 this section as the ‘‘Administrator’’) shall provide to 

16 States— 

17 (A) reimbursement for the additional cost 

18 of using low-emissions cement, concrete, asphalt 

19 binder, and asphalt mixtures used in highway 

20 projects of the State; 

21 (B) incentives for the acquisition of low22 emissions cement, concrete, asphalt binder, and 

23 asphalt mixtures for use in highway projects of 

24 the State; and 


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1 (C) technical assistance to update the spec2 ifications and standards of the State to be per3 formance-based specifications and standards. 

4 (3) ELIGIBILITY.—To be eligible to receive re5 imbursement or incentives under this subsection, a 

6 State shall have in effect, as appropriate, special 

7 provisions, specifications, or standards, such as engi8 neering performance standards, that facilitate the 

9 purchase of low-emissions cement, concrete, asphalt 

10 binder, and asphalt mixtures. 

11 (4) COORDINATION.—In carrying out this sub12 section, the Administrator shall leverage the Every 

13 Day Counts Initiative of the Department of Trans14 portation to promote the commercialization of low15 emissions cement, concrete, asphalt binder, and as16 phalt mixtures. 

17 (5) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to the Sec19 retary to carry out this subsection $15,000,000 for 

20 the period of fiscal years 2025 through 2027. 

21 (b) TIMELY APPROVAL OF CEMENT, CONCRETE, AS22 PHALT BINDER, OR ASPHALT MIXTURES.— 

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

24 after the date of enactment of this Act, the Adminis25 trator shall establish a procedure under which States 


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1 may submit new low-emissions cement, concrete, as2 phalt binder, or asphalt mixtures for timely approval 

3 for use in highways projects of the State. 

4 (2) SUBMISSION.—To be considered for ap5 proval under the procedure established under para6 graph (1), a State shall submit an application to the 

7 Administrator at such time, in such manner, and 

8 containing such information as the Administrator 

9 determines to be necessary. 

10 (3) DECISION DEADLINE.—Not later than 180 

11 days after the date on which the Administrator re12 ceives an application under paragraph (2), the Ad13 ministrator shall— 

14 (A) approve the application; or 

15 (B) deny the application. 

16 (4) APPROVAL.—Low-emissions cement, con17 crete, asphalt binder, or asphalt mixtures approved 

18 under paragraph (3)(A) may be used in any highway 

19 project of the State. 

20 (5) WRITTEN REASONS FOR DENIAL.—If the 

21 Administrator denies an application under para22 graph (3)(B), the Administrator shall provide the 

23 State a written explanation for the denial. 

24 SEC. 6. ADVANCE PURCHASE COMMITMENT AUTHORITY. 

25 (a) PURPOSE.—The purposes of this section are— 


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1 (1) to authorize the Secretary to directly pur2 chase or contractually guarantee the direct purchase 

3 of conforming low-emissions cement, concrete, as4 phalt binder, or asphalt mixtures; and 

5 (2) to encourage continuous innovation and 

6 long-term emissions reductions in the production of 

7 concrete, cement, asphalt binder, and asphalt mix8 tures. 

9 (b) DEFINITIONS.—In this section: 

10 (1) ADVANCE PURCHASE COMMITMENT.—The 

11 term ‘‘advance purchase commitment’’ means a 

12 binding commitment from the Department of Trans13 portation to purchase, 3 or more years in the future, 

14 from a private entity, a specified minimum quantity 

15 of conforming low-emissions cement, concrete, as16 phalt binder, or asphalt mixtures at a specified min17 imum price with the objective of establishing market 

18 demand for the conforming low-emissions cement, 

19 concrete, asphalt binder, or asphalt mixtures. 

20 (2) CONFORMING LOW-EMISSIONS CEMENT, 

21 CONCRETE, ASPHALT BINDER, OR ASPHALT MIX22 TURE.—The term ‘‘conforming low-emissions ce23 ment, concrete, asphalt binder, or asphalt mixture’’ 

24 means a low-emissions cement, concrete, asphalt 

25 binder, or asphalt mixture that— 


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1 (A) meets or exceeds the threshold estab2 lished by the Secretary of Energy under section 

3 458(i)(2) of the Energy Independence and Se4 curity Act of 2007 that is in effect on the date 

5 on which the applicable advance purchase com6 mitment is awarded under the program; and 

7 (B) meets all applicable technical specifica8 tions established by the Secretary. 

9 (3) PROGRAM.—The term ‘‘program’’ means 

10 the program established under subsection (c). 

11 (4) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Transportation. 

13 (c) ESTABLISHMENT OF PROGRAM.—Not later than 

14 180 days after the date of enactment of this Act, the Sec15 retary shall establish a program for awarding, on a com16 petitive basis, advance purchase commitments. 

17 (d) REQUIREMENT.—An advance purchase commit18 ment shall be awarded under the program only after— 

19 (1) a private entity submits to the Secretary— 

20 (A) a statement describing the quantity 

21 and cost of the conforming low-emissions ce22 ment, concrete, asphalt binder, or asphalt mix23 ture for which the advance purchase commit24 ment is sought; and 


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1 (B)(i) an environmental product declara2 tion; 

3 (ii) in cases in which a private entity does 

4 not have sufficient production to generate an 

5 environmental product declaration, a lifecycle 

6 assessment consistent with ISO 14044 of the 

7 International Organization for Standardization; 

8 or 

9 (iii) a preliminary environmental product 

10 declaration, which shall be verified within 1 

11 year of fulfillment of delivery of materials pur12 suant to the advance purchase commitment; 

13 and 

14 (2) the Secretary, based on those submissions— 

15 (A) confirms that the embodied greenhouse 

16 gas emissions of the conforming low-emissions 

17 cement, concrete, asphalt binder, or asphalt 

18 mixture meet or exceed the threshold described 

19 in subsection (b)(2)(A); and 

20 (B) based on the submission under para21 graph (1)(B) otherwise verifies that the low22 emissions cement, concrete, asphalt binder, or 

23 asphalt mixture is a conforming low-emissions 

24 cement, concrete, asphalt binder, or asphalt 

25 mixture. 


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1 (e) PREFERENCE CRITERIA.—In carrying out the 

2 program, the Secretary shall prioritize the award of ad3 vance purchase commitments based on the following fac4 tors: 

5 (1) The degree of greenhouse gas emissions re6 duced during or in connection with the production of 

7 the applicable conforming low-emissions cement, con8 crete, asphalt binder, or asphalt mixture. 

9 (2) The anticipated suitability of the con10 forming low-emissions cement, concrete, asphalt 

11 binder, or asphalt mixture for its intended use. 

12 (3) The potential of the advance purchase com13 mitment to increase the availability of, or financing 

14 for, conforming low-emissions cement, concrete, as15 phalt binder, or asphalt mixtures. 

16 (4) The utilization or mineralization of carbon 

17 dioxide in the conforming low-emissions cement, con18 crete, or asphalt mixture, subject to the condition 

19 that the utilization or mineralization of the carbon 

20 dioxide does not lead to positive net carbon dioxide 

21 emissions. 

22 (f) ASSIGNABILITY.—A contract entered into or ma23 terial purchased pursuant to this section may be assigned 

24 to a State department of transportation or a local trans25 portation authority at the discretion of the Secretary. 


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1 (g) CLARIFICATION.—Any update or revision to the 

2 threshold established by the Secretary of Energy under 

3 section 458(i)(2) of the Energy Independence and Secu4 rity Act of 2007 shall not affect or otherwise apply to any 

5 advance purchase commitment awarded under the pro6 gram before the date of that update or revision. 

7 (h) FUNDING.—The Secretary shall carry out this 

8 section using amounts otherwise available to the Sec9 retary. 

10 SEC. 7. INTERAGENCY TASK FORCE FOR CONCRETE AND 

11 ASPHALT INNOVATION. 

12 (a) IN GENERAL.—The Secretary, in coordination 

13 with the Secretary of Transportation, the Administrator 

14 of General Services, the Secretary of Defense, the Director 

15 of the National Institute of Standards and Technology, 

16 and the Administrator of the Environmental Protection 

17 Agency, shall establish a task force, to be known as the 

18 ‘‘Interagency Task Force for Concrete and Asphalt Inno19 vation’’. 

20 (b) OBJECTIVES.—In carrying out the duties of the 

21 Task Force, the Task Force shall consider strategies for— 

22 (1) improving the durability and performance of 

23 low-emissions cement, concrete, asphalt binder, or 

24 asphalt mixtures; 


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1 (2) reducing the cost of low-emissions cement, 

2 concrete, asphalt binder, or asphalt mixtures; 

3 (3) supporting continuous innovation and emis4 sions reductions in the production of low-emissions 

5 cement, concrete, asphalt binder, or asphalt mix6 tures; 

7 (4) increasing employment in fields related to 

8 the domestic production of low-emissions cement, 

9 concrete, asphalt binder, or asphalt mixtures; and 

10 (5) ensuring a trained workforce in fields re11 lated to the domestic production and use of low12 emissions cement, concrete, asphalt binder, or as13 phalt mixtures. 

14 (c) COMPOSITION.—The Task Force shall be com15 posed of 2 members from each of— 

16 (1) the Department of Energy; 

17 (2) the Department of Transportation; 

18 (3) the General Services Administration; 

19 (4) the Department of Defense; 

20 (5) the National Institute of Standards and 

21 Technology; and 

22 (6) the Environmental Protection Agency. 

23 (d) CONSULTATION.—In carrying out the duties of 

24 the Task Force, the Secretary shall consult with the folVerDate Sep 11 2014 01:55 Dec 19, 2023 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S3439.IS S3439

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1 lowing stakeholders, who shall reflect regional diversity to 

2 the maximum extent practicable: 

3 (1) Entities in the cement, concrete, asphalt 

4 binder, and asphalt mixture sectors, including— 

5 (A) ready-mix or site-mixed concrete pro6 ducers; 

7 (B) precast concrete producers; 

8 (C) portland cement and other cement pro9 ducers; 

10 (D) aggregate producers; 

11 (E) asphalt binder producers; 

12 (F) asphalt mixture producers; 

13 (G) producers of emerging cement, con14 crete, asphalt binder, or asphalt mixture solu15 tions; and 

16 (H) distributors and users of cement, con17 crete, asphalt binder, or asphalt mixture pro18 duction. 

19 (2) Contracting companies with at least 1 Fed20 eral Government contract awarded in the preceding 

21 5 years. 

22 (3) Contracting companies with at least 1 pri23 vate sector contract awarded in the preceding 5 

24 years. 


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1 (4) Experts, including from nongovernmental 

2 organizations, on the environmental impact of ce3 ment, concrete, asphalt binder, and asphalt mixture 

4 production in architectural and nonarchitectural ap5 plications, with expertise in— 

6 (A) developing codes, specifications, and 

7 standards for cement, concrete, asphalt binder, 

8 and asphalt mixtures; 

9 (B) conducting performance tests on ce10 ment, concrete, asphalt binder, and asphalt 

11 mixtures; 

12 (C) working with the National Institute of 

13 Building Sciences; 

14 (D) working for State departments of 

15 transportation from different regions of the 

16 United States; and 

17 (E) developing benchmarks for embodied 

18 greenhouse gas emissions. 

19 (5) Stakeholders in any other relevant indus20 tries, as determined by the Secretary. 

21 (e) RESPONSIBILITIES.—The Task Force shall— 

22 (1) provide recommendations to the Secretary 

23 on— 

24 (A) the use of engineering performance 

25 standards for low-emissions cement, concrete, 


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1 asphalt binder, and asphalt mixtures, including 

2 taking into account lessons learned from the re3 imbursement and incentives provided under sec4 tion 5(a)(2); 

5 (B) creating guidelines and best practices 

6 for the testing and evaluation of low-emissions 

7 cement, concrete, asphalt binder, and asphalt 

8 mixtures, including taking into account lessons 

9 learned from the Manufacturing USA institutes 

10 planned, established, or supported under section 

11 4(d); 

12 (C) improving the product category rules 

13 governing the creation of relevant environ14 mental product declarations for low-emissions 

15 cement, concrete, asphalt binder, and asphalt 

16 mixture, including taking into account lessons 

17 learned from the technical assistance program 

18 established under section 458(h) of the Energy 

19 Independence and Security Act of 2007; and 

20 (D) incentives that would encourage the 

21 use of low-emissions cement, concrete, asphalt 

22 binder, and asphalt mixtures, including taking 

23 into account lessons learned from the advance 

24 purchase commitment program established 

25 under section 6(c); 


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1 (2) coordinate meetings and facilitate discus2 sions through forums such as roundtables, work3 shops, or conferences to inform the recommenda4 tions provided under paragraph (1); and 

5 (3) host briefings and provide updates to— 

6 (A) the Committee on Energy and Natural 

7 Resources of the Senate; and 

8 (B) the Committee on Science, Space, and 

9 Technology of the House of Representatives. 

10 (f) REPORT.—Once every 2 years, the Secretary, in 

11 consultation with the Task Force, shall submit to Con12 gress a report that describes— 

13 (1)(A) each of the recommendations made 

14 under subsection (e)(1); and 

15 (B) the response of the Secretary to each of 

16 those recommendations, including how best to imple17 ment each recommendation; 

18 (2) the determinations made by the Secretary 

19 under section 458(i)(1) of the Energy Independence 

20 and Security Act of 2007; 

21 (3) the threshold established under section 

22 458(i)(2) of the Energy Independence and Security 

23 Act of 2007, including a justification for that 

24 threshold; 


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1 (4) changes to State and local codes and speci2 fications facilitated by the Task Force during the 

3 period covered by the report; and 

4 (5) meetings with cement, concrete, asphalt 

5 binder, and asphalt mixture producers, contractors, 

6 engineers, academics, State and local government of7 ficials, or any other relevant stakeholders coordi8 nated by the Task Force during the period covered 

9 by the report. 

10 (g) TERMINATION.—The Secretary may terminate 

11 the Task Force if the Secretary determines that sufficient 

12 low-emissions cement, concrete, asphalt binder, and as13 phalt mixtures are commercially available domestically at 

14 a price comparable to the price of cement, concrete, as15 phalt binder, and asphalt mixtures produced through tra16 ditional methods of production. 

Æ 


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