I 119THCONGRESS 1 STSESSION H. R. 1534 To strengthen and enhance the competitiveness of American industry through the research and development of advanced technologies to improve the efficiency of cement, concrete, and asphalt production, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY24, 2025 Mr. M ILLERof Ohio (for himself and Mrs. FOUSHEE) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To strengthen and enhance the competitiveness of American industry through the research and development of ad- vanced technologies to improve the efficiency of cement, concrete, and asphalt production, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Innovative Mitigation 4 Partnerships for Asphalt and Concrete Technologies Act’’ 5 or the ‘‘IMPACT Act’’. 6 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 1534 IH SEC. 2. ADVANCED CEMENT, CONCRETE, AND ASPHALT 1 PRODUCTION RESEARCH PROGRAM. 2 (a) P ROGRAM.—Part I of subtitle C of title V of divi-3 sion D of the Infrastructure Investment and Jobs Act 4 (Public Law 117–58) is amended by adding at the end 5 the following new section: 6 ‘‘SEC. 40523. ADVANCED CEMENT, CONCRETE, AND AS-7 PHALT PRODUCTION RESEARCH PROGRAM. 8 ‘‘(a) D EFINITIONS.—In this section: 9 ‘‘(1) A DVANCED PRODUCTION .—The term ‘ad-10 vanced production’ means production of cement, 11 concrete, or asphalt with one or more of the fol-12 lowing improvements with respect to the production 13 of commercially available cement, concrete, or as-14 phalt: 15 ‘‘(A) Improved cost-effectiveness. 16 ‘‘(B) Improved quality, durability, engi-17 neering performance, and resilience. 18 ‘‘(C) Improved efficiency of resource con-19 sumption and material demand. 20 ‘‘(2) A LTERNATIVE FUELS .—The term ‘alter-21 native fuels’ means any solid, liquid, or gaseous ma-22 terials, or a combination thereof, used to replace or 23 supplement any portion of fuels used in combustion 24 or pyrolysis for low-emissions cement, concrete, or 25 asphalt. 26 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 1534 IH ‘‘(3) COMMERCIALLY AVAILABLE .—The term 1 ‘commercially available’, with respect to cement, con-2 crete, and asphalt, means that the cement, concrete, 3 or asphalt is— 4 ‘‘(A) readily and widely available for pur-5 chase in the United States; and 6 ‘‘(B) produced using a production method 7 of cement, concrete, or asphalt products, as ap-8 plicable, that is widely in use. 9 ‘‘(4) E LIGIBLE ENTITY.—The term ‘eligible en-10 tity’ means any of the following: 11 ‘‘(A) An institution of higher education. 12 ‘‘(B) An appropriate State or Federal enti-13 ty, including a federally funded research and 14 development center of the Department. 15 ‘‘(C) A nonprofit research institution. 16 ‘‘(D) A private entity. 17 ‘‘(E) Any other relevant entity the Sec-18 retary determines appropriate. 19 ‘‘(F) A partnership or consortium of two 20 or more entities described in subparagraphs (A) 21 through (E). 22 ‘‘(5) E NGINEERING PERFORMANCE -BASED 23 STANDARD.—The term ‘engineering performance- 24 based standard’ means an existing engineering 25 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 1534 IH standard with respect to which the requirements ap-1 plicable to such standard are stated in terms of re-2 quired results, with criteria for verifying compliance 3 rather than specific composition, design, or proce-4 dure. 5 ‘‘(6) I NSTITUTION OF HIGHER EDUCATION .— 6 The term ‘institution of higher education’ has the 7 meaning given such term in section 101 of the High-8 er Education Act of 1965 (20 U.S.C. 1001). 9 ‘‘(7) L OW-EMISSIONS CEMENT, CONCRETE, AND 10 ASPHALT.—The term ‘low-emissions cement, con-11 crete, and asphalt’ means cement, concrete, asphalt 12 binder, or asphalt mixture that reduces, to the max-13 imum extent practicable, greenhouse gas or directly- 14 related copollutant emissions to levels below commer-15 cially available cement, concrete, or asphalt. 16 ‘‘(8) R URAL AREA.—The term ‘rural area’ has 17 the meaning given such term in section 343(a) of 18 the Consolidated Farm and Rural Development Act 19 (7 U.S.C. 1991(a)). 20 ‘‘(b) E STABLISHMENT.—Not later than 180 days 21 after the date of the enactment of this section, the Sec-22 retary shall establish a program of research, development, 23 demonstration, and commercial application of advanced 24 tools, technologies, and methods for advanced production 25 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 1534 IH and use of low-emissions cement, concrete, and asphalt in 1 order to accomplish the following: 2 ‘‘(1) Increase the technological and economic 3 competitiveness of industry and production in the 4 United States. 5 ‘‘(2) Expand and increase the stability of sup-6 ply chains through enhanced domestic production, 7 nearshoring, and cooperation with allies. 8 ‘‘(3) Achieve measurable greenhouse gas or di-9 rectly related copollutant emissions reductions in the 10 production processes for cement, concrete, and as-11 phalt products. 12 ‘‘(4) Create quality domestic jobs. 13 ‘‘(c) R EQUIREMENTS.—In carrying out the program 14 under subsection (b), the Secretary shall carry out the fol-15 lowing: 16 ‘‘(1) Coordinate with the programs and activi-17 ties authorized under title VI of division Z of the 18 Consolidated Appropriations Act, 2021 (relating to 19 industrial and manufacturing technologies) and the 20 amendments made by such title. 21 ‘‘(2) Coordinate across all relevant program of-22 fices of the Department, including the Office of 23 Science, the Advanced Research Projects Agency- 24 Energy, the Office of Clean Energy Demonstrations, 25 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 1534 IH the Office of Energy Efficiency and Renewable En-1 ergy, the Office of Fossil Energy, the Office of In-2 dustrial Efficiency and Decarbonization, the Office 3 of Manufacturing and Energy Supply Chains, and 4 the Office of Nuclear Energy. 5 ‘‘(3) Leverage, to the extent practicable, the re-6 search infrastructure of the Department, including 7 scientific computing user facilities, x-ray light 8 sources, neutron scattering facilities, and nanoscale 9 science research centers. 10 ‘‘(4) Conduct research, development, dem-11 onstration, and commercial application of the ad-12 vanced production of low-emissions cement, concrete, 13 and asphalt that have the potential to increase do-14 mestic production and employment in both advanced 15 and commercially available processes. 16 ‘‘(d) S TRATEGICPLAN.— 17 ‘‘(1) I N GENERAL.—Not later than 180 days 18 after the establishment of the program under sub-19 section (b), the Secretary shall develop a 5-year stra-20 tegic plan identifying research, development, dem-21 onstration, and commercial application goals for 22 such program. The Secretary shall submit such plan 23 to the Committee on Science, Space, and Technology 24 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •HR 1534 IH of the House of Representatives and the Committee 1 on Energy and Natural Resources of the Senate. 2 ‘‘(2) C ONTENTS.—The strategic plan under 3 paragraph (1) shall— 4 ‘‘(A) identify programs at the Department 5 related to the advanced production of low-emis-6 sions cement, concrete, and asphalt that sup-7 port the research, development, demonstration, 8 and commercial application activities described 9 in this section, and the demonstration projects 10 under subsection (f); 11 ‘‘(B) establish technological and pro-12 grammatic goals to achieve the requirements 13 specified in subsection (c); and 14 ‘‘(C) include timelines for the accomplish-15 ment of such goals developed under the plan. 16 ‘‘(3) U PDATES TO PLAN.—Not less than once 17 every two years, the Secretary shall submit to the 18 Committee on Science, Space, and Technology of the 19 House of Representatives and the Committee on En-20 ergy and Natural Resources of the Senate an up-21 dated version of the strategic plan under paragraph 22 (1). 23 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •HR 1534 IH ‘‘(e) FOCUSAREAS.—In carrying out the program 1 under subsection (b), the Secretary shall focus on the fol-2 lowing: 3 ‘‘(1) Carbon capture technologies for low-emis-4 sions cement, concrete, and asphalt production proc-5 esses, which may include the following: 6 ‘‘(A) Oxycombustion and chemical looping 7 technologies. 8 ‘‘(B) Precombustion technologies. 9 ‘‘(C) Post combustion technologies. 10 ‘‘(D) Direct carbon dioxide separation 11 technologies. 12 ‘‘(2) Materials, technologies, inputs, and proc-13 esses that— 14 ‘‘(A) produce fewer greenhouse gas or di-15 rectly related copollutant emissions during pro-16 duction, use, and end use of cement, concrete, 17 and asphalt; or 18 ‘‘(B) provide quality, durability, resilience, 19 engineering, or other performance metrics equal 20 to or greater than commercially available prod-21 ucts. 22 ‘‘(3) Medium- and high-temperature heat-gen-23 eration technologies used for the advanced produc-24 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •HR 1534 IH tion of low-emissions cement, concrete, and asphalt, 1 which may include the following: 2 ‘‘(A) Alternative fuels. 3 ‘‘(B) Renewable heat-generation and stor-4 age technology. 5 ‘‘(C) Electrification of heating processes. 6 ‘‘(D) Other clean heat-generation tech-7 nologies and sources. 8 ‘‘(4) Technologies and practices that increase 9 the efficiency of energy use, natural resource con-10 sumption, or material demand, which may include 11 the following: 12 ‘‘(A) Designing products that encourage 13 reuse, refurbishment, remanufacturing, and re-14 cycling. 15 ‘‘(B) Minimizing waste, including waste 16 heat, from low-emissions cement, concrete, and 17 asphalt production processes, including through 18 the reuse of waste as a resource in other indus-19 trial processes for mutual benefit. 20 ‘‘(C) Increasing the overall energy effi-21 ciency of low-emissions cement, concrete, and 22 asphalt production processes, including through 23 life cycle assessments. 24 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •HR 1534 IH ‘‘(5) Technologies and approaches to reduce 1 greenhouse gas or directly related copollutant emis-2 sions from the advanced production of cement, con-3 crete, and asphalt. 4 ‘‘(6) High-performance computing to develop 5 advanced materials and production processes that 6 may contribute to the focus areas described in para-7 graphs (1) through (5), including the following: 8 ‘‘(A) Modeling, simulation, and optimiza-9 tion of the design of cost-effective and energy- 10 efficient products and processes. 11 ‘‘(B) The use of digital prototyping and 12 additive production to enhance product design. 13 ‘‘(7) Advanced sensor technologies and methods 14 to monitor and quantify the performance of low- 15 emissions cement, concrete, and asphalt materials at 16 scale and under a variety of conditions. 17 ‘‘(8) Technologies that can be retrofitted at ce-18 ment, concrete, and asphalt plants that represent 19 the most common facility types in the United States 20 and in other countries, with consideration for field 21 validation of such retrofits. 22 ‘‘(9) Best practices for data standardization 23 and data sharing tools and technologies, in coordina-24 tion with relevant Federal agencies. 25 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •HR 1534 IH ‘‘(10) Fundamental research in chemistry and 1 materials science to identify the following: 2 ‘‘(A) Novel materials and alternative do-3 mestic feedstocks and processing operations for 4 the advanced production of low-emissions ce-5 ment, concrete, and asphalt. 6 ‘‘(B) Improved understanding by eligible 7 entities of the mechanisms that determine the 8 performance and durability of low-emissions ce-9 ment, concrete, and asphalt over time. 10 ‘‘(f) D EMONSTRATIONS.— 11 ‘‘(1) E STABLISHMENT.—Not later than 180 12 days after the date of the enactment of this section, 13 the Secretary, in carrying out the program under 14 subsection (b), and in collaboration with the Sec-15 retary of Transportation, the Administrator of Gen-16 eral Services, industry partners, institutions of high-17 er education, and National Laboratories, shall sup-18 port demonstrations of advanced production of low- 19 emissions cement, concrete, and asphalt that uses ei-20 ther— 21 ‘‘(A) a single technology or practice; or 22 ‘‘(B) a combination of multiple tech-23 nologies or practices. 24 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •HR 1534 IH ‘‘(2) SELECTION REQUIREMENTS .—In carrying 1 out the demonstrations under paragraph (1), the 2 Secretary shall select eligible entities to carry out 3 demonstration projects and to the maximum extent 4 practicable— 5 ‘‘(A) encourage regional diversity among 6 eligible entities, including participation by enti-7 ties located in rural areas; 8 ‘‘(B) encourage technological diversity 9 among eligible entities; and 10 ‘‘(C) ensure that specific projects se-11 lected— 12 ‘‘(i) expand on the existing technology 13 demonstration programs of the Depart-14 ment; 15 ‘‘(ii) are based on the extent of green-16 house gas emissions reductions achieved; 17 and 18 ‘‘(iii) prioritize leveraging matching 19 funds from non-Federal sources. 20 ‘‘(3) R EPORTS.—The Secretary shall submit to 21 the Committee on Science, Space, and Technology of 22 the House of Representatives and the Committee on 23 Energy and Natural Resources of the Senate— 24 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •HR 1534 IH ‘‘(A) not less frequently than once every 1 two years for the duration of the demonstra-2 tions under paragraph (1), a report describing 3 the performance of such demonstrations; and 4 ‘‘(B) if any such demonstration is termi-5 nated, an assessment of the success of, and 6 education provided by, the measures carried out 7 by such demonstration. 8 ‘‘(4) T ERMINATION.—The Secretary may termi-9 nate the demonstrations under paragraph (1) if the 10 Secretary determines that sufficient low-emissions 11 cement, concrete, and asphalt produced through ad-12 vanced production are commercially available domes-13 tically at a price comparable to the price of cement, 14 concrete, and asphalt produced through traditional 15 methods of production. 16 ‘‘(g) T ECHNICALASSISTANCEPROGRAM.— 17 ‘‘(1) I N GENERAL.—The Secretary, in consulta-18 tion with the Secretary of Transportation, the Sec-19 retary of Commerce (acting through the Director of 20 the National Institute of Standards and Tech-21 nology), the Administrator of General Services, the 22 Administrator of the Environmental Protection 23 Agency, and appropriate representatives of relevant 24 standards development organizations, shall provide 25 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 14 •HR 1534 IH technical assistance to eligible entities to carry out 1 an activity described in paragraph (2) to promote 2 the commercial application of technologies for the 3 production and use of low-emissions cement, con-4 crete, and asphalt. 5 ‘‘(2) A CTIVITIES DESCRIBED.—An activity re-6 ferred to in paragraph (1) is any of the following: 7 ‘‘(A) Efforts related to collecting data that 8 could be used in the updating of local codes, 9 specifications, and standards to engineering 10 performance-based standards. 11 ‘‘(B) A lifecycle assessment of the final 12 product. 13 ‘‘(C) An environmental impact comparison 14 between different cements, concretes, and as-15 phalts. 16 ‘‘(D) A techno-economic assessment. 17 ‘‘(E) An environmental permitting or other 18 regulatory process. 19 ‘‘(F) An evaluation or testing activity. 20 ‘‘(G) Any other activity that promotes the 21 commercial application of technologies devel-22 oped through the program under subsection (b). 23 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 15 •HR 1534 IH ‘‘(3) APPLICATIONS.—The Secretary shall seek 1 applications for technical assistance under this sub-2 section— 3 ‘‘(A) on a competitive basis; and 4 ‘‘(B) on a periodic basis, but not less fre-5 quently than once every 12 months. 6 ‘‘(4) R EGIONAL CENTERS.—The Secretary may 7 designate or establish one or more regional centers 8 to provide technical assistance to eligible entities to 9 carry out the activity described in paragraph (2)(A). 10 ‘‘(h) A DDITIONALCOORDINATION.— 11 ‘‘(1) M ANUFACTURING USA .—In carrying out 12 this section the Secretary shall consider the fol-13 lowing: 14 ‘‘(A) Leveraging the resources of relevant 15 existing Manufacturing USA Institutes de-16 scribed in section 34(d) of the National Insti-17 tute of Standards and Technology Act (15 18 U.S.C. 278s(d)). 19 ‘‘(B) Integrating program activities into a 20 relevant existing Manufacturing USA Institute. 21 ‘‘(C) Awarding financial assistance, con-22 sistent with section 34(e) of the National Insti-23 tute of Standards and Technology Act (15 24 U.S.C. 278s(e)), to a person or group of per-25 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 16 •HR 1534 IH sons to assist the person or group of persons in 1 planning, establishing, or supporting a Manu-2 facturing U.S.A. Institute focused on advanced 3 production of low-emissions cement, concrete, 4 and asphalt. 5 ‘‘(2) O THER FEDERAL AGENCIES .—In carrying 6 out this section, the Secretary shall coordinate with 7 other Federal agencies, including the Department of 8 Defense, the Department of Transportation, and the 9 National Institute of Standards and Technology, 10 that are carrying out research and development ini-11 tiatives to increase industrial competitiveness and 12 achieve measurable greenhouse gas or directly re-13 lated copollutant emissions reductions through the 14 advanced production of cement, concrete, and as-15 phalt. 16 ‘‘(i) S UNSET.—This section shall terminate seven 17 years after the date of the enactment of this section. 18 ‘‘(j) R ESEARCHSECURITY.—The activities author-19 ized under this section shall be applied in a manner con-20 sistent with subtitle D of title VI of the Research and De-21 velopment, Competition, and Innovation Act (enacted as 22 division B of Public Law 117–167 (42 U.S.C. 19231 et 23 seq.)). 24 VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB 17 •HR 1534 IH ‘‘(k) RULE OFCONSTRUCTION.—Nothing in this sec-1 tion may be construed to amend, alter, or affect the au-2 thorities of the Secretary to define, establish, or enforce 3 new environmental industry standards for, or related to, 4 cement, concrete, or asphalt.’’. 5 (b) C LERICALAMENDMENT.—The table of contents 6 in section 1(b) of the Infrastructure Investment and Jobs 7 Act is amended by inserting after the item relating to sec-8 tion 40522 the following new item: 9 ‘‘Sec. 40523. Advanced cement, concrete, and asphalt production research pro- gram.’’. Æ VerDate Sep 11 2014 03:44 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6301 E:\BILLS\H1534.IH H1534 kjohnson on DSK7ZCZBW3PROD with $$_JOB