[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.
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