[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 403 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 403
To encourage the research and use of innovative materials and
associated techniques in the construction and preservation of the
domestic transportation and water infrastructure system, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2019
Mr. Whitehouse (for himself, Mr. Alexander, Ms. Collins, Ms. Smith, Mr.
Rounds, and Mr. Booker) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To encourage the research and use of innovative materials and
associated techniques in the construction and preservation of the
domestic transportation and water infrastructure system, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovative Materials for America's
Growth and Infrastructure Newly Expanded Act of 2019'' or the ``IMAGINE
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to encourage the research and use of innovative
materials, in concert with traditional materials, and
associated techniques in the construction and preservation of
the domestic infrastructure network;
(2) to accelerate the deployment and extend the service
life, improve the performance, and reduce the cost of
infrastructure projects; and
(3) to improve the economy, resilience, maintainability,
sustainability, and safety of the domestic infrastructure
network.
SEC. 3. DEFINITION OF INNOVATIVE MATERIAL.
In this Act, the term ``innovative material'', with respect to an
infrastructure project, includes high performance asphalt mixtures and
concrete formulations, geosynthetic materials, advanced insulating
materials, advanced alloys and metals, reinforced polymer composites,
advanced polymers, nanocellulose and wood-based composites, coatings,
highly functional adhesives, or other corrosion prevention methods used
in conjunction with those materials, and any other material or
aggregate materials, as determined by the appropriate agency or
department head.
SEC. 4. INTERAGENCY INNOVATIVE MATERIALS STANDARDS TASK FORCE.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the National Institute
of Standards and Technology shall establish an Interagency
Innovative Materials Standards Task Force (referred to in this
section as the ``Task Force'') composed of the heads of Federal
agencies responsible for significant civil infrastructure
projects, including--
(A) the Administrator of the Federal Highway
Administration;
(B) the Commanding General and Chief of Engineers
of the Corps of Engineers;
(C) the Assistant Secretary of the Army for Civil
Works; and
(D) the Administrator of the Environmental
Protection Agency.
(2) Chairperson.--The Director of the National Institute of
Standards and Technology shall serve as Chairperson of the Task
Force.
(b) Purpose.--The Task Force shall coordinate and improve, with
respect to infrastructure construction, retrofitting, rehabilitation,
and other improvements--
(1) Federal testing standards;
(2) Federal design and use guidelines;
(3) Federal regulations; and
(4) other applicable standards.
(c) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Task Force shall conduct, and submit
to the appropriate committees of Congress a report that
describes the results of, a study--
(A) to assess the standards for the use of
innovative materials in infrastructure projects;
(B) to identify any barriers, regulatory or
otherwise, relating to the standards described in
subparagraph (A) that preclude the use of certain
products or associated techniques; and
(C) to identify opportunities for the development
of standardized designs that use innovative materials
to reduce costs, improve performance, and extend the
service life of infrastructure assets.
(2) Report.--The report under paragraph (1) shall--
(A) identify any non-Federal entities or other
organizations, including the American Association of
State Highway and Transportation Officials, that
develop relevant standards; and
(B) outline a strategy to improve coordination and
information sharing between the entities described in
subparagraph (A) and any relevant Federal agencies.
(d) Improved Coordination.--Not later than 2 years after the date
of enactment of this Act, the Task Force shall collaborate with any
non-Federal entity identified under subsection (c)(2)(A)--
(1) to identify and carry out appropriate research, testing
methods, and processes relating to the development and use of
innovative materials;
(2) to develop new methods and processes relating to the
development and use of innovative materials, as the applicable
agency head determines to be necessary;
(3) to contribute to the development of standards and
guidelines for the use of innovative materials and approaches
in civil infrastructure projects;
(4) to develop a plan for addressing potential barriers,
regulatory or otherwise, identified in subsection (c)(1)(B);
and
(5) to develop a plan for the development of standardized
designs that use innovative materials to reduce costs, improve
performance, and extend the service life of infrastructure
assets.
SEC. 5. INNOVATIVE MATERIAL INNOVATION HUBS.
(a) Definitions.--In this section:
(1) Hub.--The term ``Hub'' means an Innovative Material
Innovation Hub established under this section.
(2) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)));
(B) an appropriate Federal or State entity,
including a federally funded research and development
center of the Department of Transportation;
(C) a university transportation center under
section 5505 of title 49, United States Code;
(D) an Innovative Material Innovation Hub in
existence on the date of enactment of this Act; and
(E) any other relevant entity the Secretary
determines to be appropriate.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Authorization of Program.--
(1) In general.--The Secretary shall carry out a program to
enhance the development of innovative materials in the United
States by making awards to consortia for establishing and
operating new Hubs, to be known as ``Innovative Material
Innovation Hubs'', to conduct and support multidisciplinary,
collaborative research, development, demonstration,
standardized design development, and commercial application of
innovative materials.
(2) Location of hubs.--To the extent practicable, each Hub
shall be located at 1 centralized location.
(3) Technology development focus.--The Secretary shall
designate for each new Hub a unique innovative material focus,
such as material development, infrastructure applications, and
other focus areas identified by the Secretary.
(4) Coordination.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of each Hub with the activities of--
(A) other research entities of the Department of
Transportation, including the Federal Highway
Administration;
(B) the National Laboratories (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801));
(C) the Corps of Engineers;
(D) the Environmental Protection Agency;
(E) the Federal Emergency Management Agency;
(F) the National Institute of Standards and
Technology;
(G) the Department of Defense;
(H) an industry consortium meeting the requirements
under subsection (c)(1); and
(I) any other Federal agencies or industry
consortia conducting substantially similar work.
(c) Application Process.--
(1) Eligibility.--To be eligible to receive an award for
the establishment and operation of a Hub under subsection
(b)(1), a consortium shall--
(A) be composed of not fewer than 2 qualifying
entities;
(B) operate subject to a binding agreement, entered
into by each member of the consortium, that documents--
(i) the proposed partnership agreement,
including the governance and management
structure of the Hub;
(ii) measures the consortium will undertake
to enable cost-effective implementation of
activities under the program described in
subsection (b)(1); and
(iii) a proposed budget, including
financial contributions from non-Federal
sources; and
(C) operate as a nonprofit organization.
(2) Application.--
(A) In general.--A consortium seeking to establish
and operate a Hub under subsection (b)(1) shall submit
to the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require, including a detailed description
of--
(i) each element of the consortium
agreement required under paragraph (1)(B); and
(ii) any existing facilities the consortium
intends to provide for Hub activities.
(B) Requirement.--If the consortium members will
not be located at 1 centralized location, the
application under subparagraph (A) shall include a
communications plan that ensures close coordination and
integration of Hub activities.
(3) Selection.--
(A) In general.--The Secretary shall select
consortia for awards for the establishment and
operation of Hubs through a competitive selection
process.
(B) Considerations.--In selecting consortia under
subparagraph (A), the Secretary shall consider--
(i) the information disclosed by the
consortium under this subsection;
(ii) any existing facilities a consortium
will provide for Hub activities; and
(iii) maintaining regional variety in
locations of selected Hubs.
(d) Term.--An award made to a Hub under this section shall be for a
period of not more than 5 years, subject to the availability of
appropriations, after which the award may be renewed, subject to a
rigorous merit review.
(e) Hub Operations.--
(1) In general.--Each Hub shall conduct or provide for
multidisciplinary, collaborative research, development,
demonstration, and commercial application of innovative
materials within the technology development focus designated
under subsection (b)(3).
(2) Activities.--Each Hub shall--
(A) encourage collaboration and communication among
the member qualifying entities of the consortium as
described in subsection (c)(1) and awardees;
(B) develop and publish proposed plans and programs
on a publicly accessible website;
(C) submit to the Department of Transportation an
annual report summarizing the activities of the Hub,
including information--
(i) detailing organizational expenditures;
and
(ii) describing each project undertaken by
the Hub; and
(D) monitor project implementation and
coordination.
(3) Conflicts of interest.--Each Hub shall maintain
conflict of interest procedures, consistent with the conflict
of interest procedures of the Department of Transportation.
(4) Prohibition on construction.--
(A) In general.--Except as provided in subparagraph
(B)--
(i) no funds provided under this section
may be used for construction of new buildings
or facilities for Hubs; and
(ii) construction of new buildings or
facilities shall not be considered as part of
the non-Federal share of a Hub cost-sharing
agreement.
(B) Test bed and renovation exception.--Nothing in
this paragraph prohibits the use of funds provided
under this section or non-Federal cost share funds for
the construction of a test bed or renovations to
existing buildings or facilities for the purposes of
research if the Secretary determines that the test bed
or renovations are limited to a scope and scale
necessary for the research to be conducted.
SEC. 6. TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.
Section 503(b)(7) of title 23, United States Code, is amended by
adding at the end the following:
``(C) Innovative materials.--
``(i) Definition of innovative material.--
In this subparagraph, the term `innovative
material', with respect to an infrastructure
project, includes high performance asphalt
mixtures and concrete formulations,
geosynthetic materials, advanced insulating
materials, advanced alloys and metals,
reinforced polymer composites, advanced
polymers, nanocellulose and wood-based
composites, coatings, highly functional
adhesives, or other corrosion prevention
methods used in conjunction with those
materials, and any other material or aggregate
materials, as determined by the appropriate
agency or department head.
``(ii) Collaboration with states and
tribes.--The Secretary shall expand the
capacity of the Turner-Fairbank Highway
Research Center to collaborate with relevant
State and Tribal agencies--
``(I) with respect to the use of
innovative materials in construction
projects carried out by the State and
Tribal agencies; and
``(II) to understand and identify--
``(aa) the needs of the
State and Tribal agencies; and
``(bb) innovative materials
that may be further researched,
developed, and used to meet
those needs.
``(iii) Activities.--The collaboration
described in clause (ii) may include--
``(I) the development of new
training for State and Tribal agencies;
and
``(II) the expansion of technical
training that involves State or Tribal
departments of transportation in the
development of new construction designs
for innovative materials at the Turner-
Fairbank Highway Research Center.
``(iv) Priority research.--The Turner-
Fairbank Highway Research Center shall
prioritize research relating to--
``(I) the use of innovative
materials in--
``(aa) bridges with a span
equal to or greater than 50
feet;
``(bb) highway
reconstruction and
rehabilitation; and
``(cc) rural road
infrastructure;
``(II) the development of
standardized designs using innovative
materials; and
``(III) coastal resiliency.
``(v) Authorization of appropriations.--
There is authorized to be appropriated to carry
out this subparagraph $8,000,000 for each of
fiscal years 2020 through 2024.''.
SEC. 7. INNOVATIVE BRIDGE PROGRAM.
(a) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of the Federal Highway
Administration.
(b) Establishment.--The Administrator shall establish a grant
program, to be known as the ``Innovative Bridge Program'', to provide
grants to State departments of transportation, Tribal governments, or
units of local government for coastal and rural infrastructure bridge
projects.
(c) Applications.--To be eligible to receive a grant under
subsection (b), a State department of transportation or unit of Tribal
or local government shall submit to the Administrator an application at
such time, in such manner, and containing such information as the
Administrator may require.
(d) Eligible Projects.--To be eligible to receive a grant under
subsection (b) or (g), a coastal or rural infrastructure bridge project
or a value engineering project shall--
(1) be for the purpose of construction, preservation,
rehabilitation, or reconstruction of a bridge with a span equal
to or greater than 50 feet;
(2) be carried out in a manner so as to reduce traffic
impact;
(3) use innovative materials that--
(A) are resistant to corrosion; and
(B) extend the service life of the bridge; and
(4) reduce preservation costs, as compared to
conventionally designed and constructed bridges.
(e) Preferences.--In providing grants under this section, the
Administrator shall give preference to proposed projects that--
(1) use materials that are domestically produced and
sourced;
(2) use nontraditional production techniques, such as
factory prefabrication; and
(3) retrofit a bridge.
(f) Special Consideration for At-Risk Areas.--In providing grants
under this section, the Administrator shall give special consideration
to projects located in rural areas or areas prone to coastal or inland
flooding due to severe storms (such as hurricanes or rain bursts),
storm surges, or projected sea level rise during the projected lifetime
of the project.
(g) Value Engineering Using Innovative Materials.--Of the amounts
made available to carry out this section, the Administrator shall set
aside $10,000,000 for each of fiscal years 2020 through 2024 to provide
funding to 1 or more State departments of transportation or units of
Tribal or local government that submit to the Administrator an
application to carry out value engineering of a standard bridge design
to enhance the performance of the bridge (including extending the
service life of the bridge, increasing resistance to corrosion, and
reducing construction and preservation costs) through the use of
innovative materials.
(h) Recordkeeping; Reports.--
(1) Recordkeeping.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop a
project recordkeeping system that maintains comprehensive,
current, and accurate information on each grant provided under
this section.
(2) Reports.--Not later than 2 years after the development
of the recordkeeping system described in paragraph (1), and
every 2 years thereafter, the Administrator shall submit to the
appropriate committees of Congress, including the Committee on
Environment and Public Works of the Senate, and make publicly
available a report describing, with respect to each project
that receives a grant under this section--
(A) the status of the project;
(B) the location of the project;
(C) for each bridge in the project, the inventory
number of the bridge in the National Bridge Inventory
pursuant to section 144 of title 23, United States
Code;
(D) a detailed description of the scope of the
project;
(E) the amount of project costs paid by funds
provided under this section and the total project
costs;
(F) for each bridge involved in the project, the
bridge condition, operations, and performance of the
bridge; and
(G) in every third report submitted under this
paragraph, the results of the regular monitoring and
evaluation of the maintenance demands, projects, needs,
and costs of each bridge in the project during the
previous 6 years.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $65,000,000
for each of fiscal years 2020 through 2024.
SEC. 8. WATER INFRASTRUCTURE INNOVATION PROGRAM.
(a) Establishment.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall establish a grant program, to be known as the
``Water Infrastructure Innovation Program'', to provide grants for the
design and installation of water infrastructure projects, including
wastewaster transport and treatment systems and drinking water
treatment and distribution systems, that use innovative materials to
reduce total costs, including operation and preservation expenses, and
extend the service life of installed structures.
(b) Applications.--To be eligible to receive a grant under this
section, an applicant shall submit to the Administrator an application
at such time, in such manner, and containing such information as the
Administrator may require.
(c) Eligible Projects.--To be eligible to receive a grant under
this section, a water infrastructure project shall--
(1) serve a community with a population between 3,301 and
99,999; and
(2) use innovative materials that--
(A) are resistant to degradation;
(B) extend service life; or
(C) provide long-term protection of water
facilities and systems.
(d) Preference.--In providing grants under this section, the
Administrator shall give preference to proposed projects that use
materials that are domestically produced and sourced.
(e) Special Consideration for At-Risk Areas.--In providing grants
under this section, the Administrator shall give special consideration
to projects located in areas that are prone to saltwater intrusion or
flooding due to severe storms, rain bursts, storm surges, or projected
sea level rise during the projected lifetime of the project.
(f) Recordkeeping; Reports.--
(1) Recordkeeping.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop a
project recordkeeping system that maintains comprehensive,
current, and accurate information on each grant provided under
this section.
(2) Reports.--Not later than 2 years after the development
of the recordkeeping system described in paragraph (1), and
every 2 years thereafter, the Administrator shall submit to the
appropriate committees of Congress, including the Committee on
Environment and Public Works of the Senate, and make publicly
available a report describing, with respect to each project
that receives a grant under this section--
(A) the status of the project;
(B) the location of the project;
(C) a detailed description of the scope of the
project;
(D) the amount of project costs paid by funds
provided under this section and the total project
costs;
(E) the condition, operations, and performance of
the project; and
(F) in every third report submitted under this
paragraph, the results of the regular monitoring and
evaluation of the maintenance demands, projects, needs,
and costs of the project during the previous 6 years.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $65,000,000
for each of fiscal years 2020 through 2024.
<all>