I 
118TH CONGRESS 
2D SESSION 
H. R. 9136 
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 HOUSE OF REPRESENTATIVES 
JULY 25, 2024 
Mrs. FOUSHEE (for herself and Mr. MILLER of Ohio) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure, and in addition to the Committees on Energy and Commerce, 
and Education and the Workforce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
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 tech-
nologies to reduce emissions from cement, concrete, as-
phalt binder, and asphalt mixture production, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘IMPACT Act 2.0’’. 
SEC. 2. FEDERAL HIGHWAY ADMINISTRATION. 
(a) PERFORMANCE-BASED LOW-EMISSIONS TRANS-
PORTATION MATERIALS GRANTS.— 
(1) PURPOSE.—The purpose of this subsection 
is to encourage States to improve State-level cement, 
concrete, asphalt binder, and asphalt mixture speci-
fications and standards to facilitate the purchase of 
low-emissions cement, concrete, asphalt binder, or 
asphalt mixtures. 
(2) ESTABLISHMENT.—The Administrator of 
the Federal Highway Administration (referred to in 
this section as the ‘‘Administrator’’) shall provide to 
States— 
(A) reimbursement for the additional cost 
of using low-emissions cement, concrete, asphalt 
binder, and asphalt mixtures used in highway 
projects of the State; 
(B) incentives for the acquisition of low- 
emissions cement, concrete, asphalt binder, and 
asphalt mixtures for use in highway projects of 
the State; and 
(C) technical assistance to update the spec-
ifications and standards of the State to be per-
formance-based specifications and standards. 
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(3) ELIGIBILITY.—To be eligible to receive re-
imbursement or incentives under this subsection, a 
State shall have in effect, as appropriate, special 
provisions, specifications, or standards, such as engi-
neering performance standards, that facilitate the 
purchase of low-emissions cement, concrete, asphalt 
binder, and asphalt mixtures. 
(4) COORDINATION.—In carrying out this sub-
section, the Administrator shall leverage the Every 
Day Counts Initiative of the Department of Trans-
portation to promote the commercialization of low- 
emissions cement, concrete, asphalt binder, and as-
phalt mixtures. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection $15,000,000 for 
the period of fiscal years 2025 through 2027. 
(b) TIMELY APPROVAL OF CEMENT, CONCRETE, AS-
PHALT BINDER, OR ASPHALT MIXTURES.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Adminis-
trator shall establish a procedure under which States 
may submit new low-emissions cement, concrete, as-
phalt binder, or asphalt mixtures for timely approval 
for use in highways projects of the State. 
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(2) SUBMISSION.—To be considered for ap-
proval under the procedure established under para-
graph (1), a State shall submit an application to the 
Administrator at such time, in such manner, and 
containing such information as the Administrator 
determines to be necessary. 
(3) DECISION DEADLINE.—Not later than 180 
days after the date on which the Administrator re-
ceives an application under paragraph (2), the Ad-
ministrator shall— 
(A) approve the application; or 
(B) deny the application. 
(4) APPROVAL.—Low-emissions cement, con-
crete, asphalt binder, or asphalt mixtures approved 
under paragraph (3)(A) may be used in any highway 
project of the State. 
(5) WRITTEN REASONS FOR DENIAL.—If the 
Administrator denies an application under para-
graph (3)(B), the Administrator shall provide the 
State a written explanation for the denial. 
SEC. 3. ADVANCE PURCHASE COMMITMENT AUTHORITY. 
(a) PURPOSE.—The purposes of this section are— 
(1) to authorize the Secretary to directly pur-
chase or contractually guarantee the direct purchase 
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of conforming low-emissions cement, concrete, as-
phalt binder, or asphalt mixtures; and 
(2) to encourage continuous innovation and 
long-term emissions reductions in the production of 
concrete, cement, asphalt binder, and asphalt mix-
tures. 
(b) DEFINITIONS.—In this section: 
(1) ADVANCE
PURCHASE
COMMITMENT.—The 
term ‘‘advance purchase commitment’’ means a 
binding commitment from the Department of Trans-
portation to purchase, 3 or more years in the future, 
from a private entity, a specified minimum quantity 
of conforming low-emissions cement, concrete, as-
phalt binder, or asphalt mixtures at a specified min-
imum price with the objective of establishing market 
demand for the conforming low-emissions cement, 
concrete, asphalt binder, or asphalt mixtures. 
(2) CONFORMING
LOW-EMISSIONS
CEMENT, 
CONCRETE, ASPHALT
BINDER, OR
ASPHALT
MIX-
TURE.—The term ‘‘conforming low-emissions ce-
ment, concrete, asphalt binder, or asphalt mixture’’ 
means a low-emissions cement, concrete, asphalt 
binder, or asphalt mixture that— 
(A) meets or exceeds the threshold estab-
lished by the Secretary of Energy under section 
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458(i)(2) of the Energy Independence and Se-
curity Act of 2007 that is in effect on the date 
on which the applicable advance purchase com-
mitment is awarded under the program; and 
(B) meets all applicable technical specifica-
tions established by the Secretary. 
(3) PROGRAM.—The term ‘‘program’’ means 
the program established under subsection (c). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(c) ESTABLISHMENT OF PROGRAM.—Not later than 
180 days after the date of enactment of this Act, the Sec-
retary shall establish a program for awarding, on a com-
petitive basis, advance purchase commitments. 
(d) REQUIREMENT.—An advance purchase commit-
ment shall be awarded under the program only after— 
(1) a private entity submits to the Secretary— 
(A) a statement describing the quantity 
and cost of the conforming low-emissions ce-
ment, concrete, asphalt binder, or asphalt mix-
ture for which the advance purchase commit-
ment is sought; and 
(B)(i) an environmental product declara-
tion; or 
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(ii) in cases in which a private entity does 
not have sufficient production to generate an 
environmental product declaration, a lifecycle 
assessment consistent with ISO 21930 of the 
International Organization for Standardization; 
(2) the Secretary, based on those submissions— 
(A) confirms that the embodied greenhouse 
gas emissions of the conforming low-emissions 
cement, concrete, asphalt binder, or asphalt 
mixture meet or exceed the threshold described 
in subsection (b)(2)(A); and 
(B) based on the submission under para-
graph (1)(B) otherwise verifies that the low- 
emissions cement, concrete, asphalt binder, or 
asphalt mixture is a conforming low-emissions 
cement, concrete, asphalt binder, or asphalt 
mixture; and 
(3) in the case of any submission under para-
graph (1)(B)(ii), the private entity shall be required 
to— 
(A) achieve verifiable interim milestones, 
as established in an advanced purchase commit-
ment, to demonstrate material steps towards 
sufficient commercial production of conforming 
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low-emissions cement, concrete, asphalt binder, 
or asphalt mixtures; and 
(B) obtain an environmental product dec-
laration within 18 months of production. 
(e) PENALTY.—Failure to meet an interim milestone 
under subsection (d)(3)(A) as established in an advance 
purchase commitment, or a material negative deviation be-
tween a submitted lifecycle assessment and subsequent en-
vironmental product declaration obtained pursuant to sub-
section (d)(3)(B), may result in termination of a portion 
or all of the advance purchase commitment at the sole dis-
cretion of the Secretary. 
(f) PREFERENCE CRITERIA.—In carrying out the 
program, the Secretary shall prioritize the award of ad-
vance purchase commitments based on the following fac-
tors: 
(1) The degree of greenhouse gas emissions re-
duced during or in connection with the production of 
the applicable conforming low-emissions cement, con-
crete, asphalt binder, or asphalt mixture. 
(2) The anticipated suitability of the con-
forming low-emissions cement, concrete, asphalt 
binder, or asphalt mixture for its intended use. 
(3) The potential of the advance purchase com-
mitment to increase the availability of, or increasing 
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investment in, conforming low-emissions cement, 
concrete, asphalt binder, or asphalt mixtures. 
(4) The utilization or mineralization of carbon 
dioxide in the conforming low-emissions cement, con-
crete, or asphalt mixture, subject to the condition 
that the utilization or mineralization of the carbon 
dioxide does not lead to positive net carbon dioxide 
emissions. 
(5) The operational capacity of the manufac-
turer, its partners, or its distributors, including with 
respect to logistics, planned material storage and 
handling capacities, and delivery mechanisms, and, 
as applicable, decarbonization and carbon capture, 
transportation, and storage technologies, to deliver 
conforming low-emissions cement, concrete, asphalt 
binder, or asphalt mixtures. 
(g) ASSIGNABILITY.—A contract entered into or ma-
terial purchased pursuant to this section may be assigned 
to a State department of transportation or a local trans-
portation authority at the discretion of the Secretary. 
(h) CLARIFICATION.—Any update or revision to the 
threshold established by the Secretary of Energy under 
section 458(i)(2) of the Energy Independence and Secu-
rity Act of 2007 shall not affect or otherwise apply to any 
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advance purchase commitment awarded under the pro-
gram before the date of that update or revision. 
(i) FUNDING.—The Secretary shall carry out this sec-
tion using amounts otherwise available to the Secretary. 
SEC. 4. INTERAGENCY TASK FORCE FOR CONCRETE AND 
ASPHALT INNOVATION. 
(a) IN GENERAL.—The Secretary, in coordination 
with the Secretary of Transportation, the Administrator 
of General Services, the Secretary of Defense, the Director 
of the National Institute of Standards and Technology, 
and the Administrator of the Environmental Protection 
Agency, shall establish a task force, to be known as the 
‘‘Interagency Task Force for Concrete and Asphalt Inno-
vation’’. 
(b) OBJECTIVES.—In carrying out the duties of the 
Task Force, the Task Force shall consider strategies for— 
(1) improving the durability and performance of 
low-emissions cement, concrete, asphalt binder, or 
asphalt mixtures; 
(2) reducing the cost of low-emissions cement, 
concrete, asphalt binder, or asphalt mixtures; 
(3) supporting continuous innovation and emis-
sions reductions in the production of low-emissions 
cement, concrete, asphalt binder, or asphalt mix-
tures; 
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(4) increasing employment in fields related to 
the domestic production of low-emissions cement, 
concrete, asphalt binder, or asphalt mixtures; and 
(5) ensuring a trained workforce in fields re-
lated to the domestic production and use of low- 
emissions cement, concrete, asphalt binder, or as-
phalt mixtures. 
(c) COMPOSITION.—The Task Force shall be com-
posed of 2 members from each of— 
(1) the Department of Energy; 
(2) the Department of Transportation; 
(3) the General Services Administration; 
(4) the Department of Defense; 
(5) the National Institute of Standards and 
Technology; and 
(6) the Environmental Protection Agency. 
(d) CONSULTATION.—In carrying out the duties of 
the Task Force, the Secretary shall consult with the fol-
lowing stakeholders, who shall reflect regional diversity to 
the maximum extent practicable: 
(1) Entities in the cement, concrete, asphalt 
binder, and asphalt mixture sectors, including— 
(A) ready-mix or site-mixed concrete pro-
ducers; 
(B) precast concrete producers; 
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(C) portland cement and other cement pro-
ducers; 
(D) aggregate producers; 
(E) asphalt binder producers; 
(F) asphalt mixture producers; 
(G) producers of emerging cement, con-
crete, asphalt binder, or asphalt mixture solu-
tions; and 
(H) distributors and users of cement, con-
crete, asphalt binder, or asphalt mixture pro-
duction. 
(2) Contracting companies with at least 1 Fed-
eral Government contract awarded in the preceding 
5 years. 
(3) Contracting companies with at least 1 pri-
vate sector contract awarded in the preceding 5 
years. 
(4) Experts, including from nongovernmental 
organizations, on the environmental impact of ce-
ment, concrete, asphalt binder, and asphalt mixture 
production in architectural and nonarchitectural ap-
plications, with expertise in— 
(A) developing codes, specifications, and 
standards for cement, concrete, asphalt binder, 
and asphalt mixtures; 
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(B) conducting performance tests on ce-
ment, concrete, asphalt binder, and asphalt 
mixtures; 
(C) working with the National Institute of 
Building Sciences; 
(D) working for State departments of 
transportation from different regions of the 
United States; and 
(E) developing benchmarks for embodied 
greenhouse gas emissions. 
(5) Stakeholders in any other relevant indus-
tries, as determined by the Secretary. 
(e) RESPONSIBILITIES.—The Task Force shall— 
(1) provide recommendations to the Secretary 
on— 
(A) the use of engineering performance 
standards for low-emissions cement, concrete, 
asphalt binder, and asphalt mixtures, including 
taking into account lessons learned from the re-
imbursement and incentives provided under sec-
tion 1(a)(2); 
(B) creating guidelines and best practices 
for the testing and evaluation of low-emissions 
cement, concrete, asphalt binder, and asphalt 
mixtures, including taking into account lessons 
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learned from the Manufacturing USA institutes 
under section 34 of the National Institute of 
Standards and Technology Act (15 U.S.C. 
278s); 
(C) improving the product category rules 
governing the creation of relevant environ-
mental product declarations for low-emissions 
cement, concrete, asphalt binder, and asphalt 
mixture, including taking into account lessons 
learned from the technical assistance program 
established under section 458(h) of the Energy 
Independence and Security Act of 2007; and 
(D) incentives that would encourage the 
use of low-emissions cement, concrete, asphalt 
binder, and asphalt mixtures, including taking 
into account lessons learned from the advance 
purchase 
commitment 
program 
established 
under section 2(c); 
(2) coordinate meetings and facilitate discus-
sions through forums such as roundtables, work-
shops, or conferences to inform the recommenda-
tions provided under paragraph (1); and 
(3) host briefings and provide updates to— 
(A) the Committee on Energy and Natural 
Resources of the Senate; and 
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(B) the Committee on Science, Space, and 
Technology of the House of Representatives. 
(f) REPORT.—Once every 2 years, the Secretary, in 
consultation with the Task Force, shall submit to Con-
gress a report that describes— 
(1)(A) each of the recommendations made 
under subsection (e)(1); and 
(B) the response of the Secretary to each of 
those recommendations, including how best to imple-
ment each recommendation; 
(2) the determinations made by the Secretary 
under section 458(i)(1) of the Energy Independence 
and Security Act of 2007; 
(3) the threshold established under section 
458(i)(2) of the Energy Independence and Security 
Act of 2007, including a justification for that 
threshold; 
(4) changes to State and local codes and speci-
fications facilitated by the Task Force during the 
period covered by the report; and 
(5) meetings with cement, concrete, asphalt 
binder, and asphalt mixture producers, contractors, 
engineers, academics, State and local government of-
ficials, or any other relevant stakeholders coordi-
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nated by the Task Force during the period covered 
by the report. 
(g) TERMINATION.—The Secretary may terminate 
the Task Force if the Secretary determines that sufficient 
low-emissions cement, concrete, asphalt binder, and as-
phalt mixtures are commercially available domestically at 
a price comparable to the price of cement, concrete, as-
phalt binder, and asphalt mixtures produced through tra-
ditional methods of production. 
Æ 
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