[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3292 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3292

     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

            November 14 (legislative day, November 13), 2023

 Mr. Whitehouse (for himself and Ms. Collins) 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 2023'' or the ``IMAGINE 
Act of 2023''.

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. INTERAGENCY INNOVATIVE MATERIALS STANDARDS TASK FORCE.

    (a) Definition of Innovative Material.--In this section, the term 
``innovative material'', with respect to an infrastructure project, 
includes a material, or a combination or process for use of materials, 
that, as determined by the appropriate Secretary or agency head--
            (1) enhances the overall service life, sustainability, and 
        resiliency of the project; or
            (2) provides ancillary benefits relative to widely adopted 
        state of practice technologies.
    (b) Purposes.--The purposes of this section are--
            (1) to encourage the research, design, 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, 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.
    (c) 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 the Administrator of the Federal Highway 
        Administration.
            (2) Chairperson.--The Director of the National Institute of 
        Standards and Technology shall serve as Chairperson of the Task 
        Force.
    (d) Duties.--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 and performance and 
        sustainability metrics.
    (e) 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 and performance metrics 
                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 and materials genome approaches 
                that design and use innovative materials to reduce 
                costs, improve performance and sustainability, 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.
    (f) 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 (e)(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, 
        performance metrics, 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 (e)(1)(B); 
        and
            (5) to develop a plan for the development of standardized 
        designs that use innovative materials to reduce costs, improve 
        performance and sustainability, and extend the service life of 
        infrastructure assets.

SEC. 4. 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) Innovative material.--The term ``innovative material'', 
        with respect to an infrastructure project, includes a material, 
        or a combination or process for use of materials, that, as 
        determined by the Secretary--
                    (A) enhances the overall service life, 
                sustainability, and resiliency of the project; or
                    (B) provides ancillary benefits relative to widely 
                adopted state of practice technologies.
            (3) 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; and
                    (D) a research and development entity in existence 
                on the date of enactment of this Act focused on 
                innovative materials that the Secretary determines to 
                be similar in scope and intent to a Hub.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Establishment.--
            (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 Innovative Material Innovation Hubs to conduct and 
        support multidisciplinary, collaborative research, development, 
        demonstration, standardized design development, and commercial 
        application of innovative materials.
            (2) Coordination.--The Secretary shall ensure the 
        coordination of, and avoid 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; and
                    (B) research entities of other Federal agencies, as 
                appropriate.
    (c) Competitive Selection 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 use 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) any existing facilities a consortium 
                        has identified to be used for Hub activities;
                            (ii) maintaining geographic diversity in 
                        locations of selected Hubs;
                            (iii) the demonstrated ability of the 
                        recipient to conduct and support 
                        multidisciplinary, collaborative research, 
                        development, demonstration, standardized design 
                        development, and commercial application of 
                        innovative materials;
                            (iv) the demonstrated research, technology 
                        transfer, and education resources available to 
                        the recipient to carry out this section;
                            (v) the ability of the recipient to provide 
                        leadership in solving immediate and long-range 
                        national and regional transportation problems 
                        related to innovative materials;
                            (vi) the demonstrated ability of the 
                        recipient to disseminate results and spur the 
                        implementation of transportation research and 
                        education programs through national or 
                        statewide continuing education programs;
                            (vii) the demonstrated commitment of the 
                        recipient to the use of peer review principles 
                        and other research best practices in the 
                        selection, management, and dissemination of 
                        research projects;
                            (viii) the performance metrics to be used 
                        in assessing the performance of the recipient 
                        in meeting the stated research, technology 
                        transfer, education, and outreach goals; and
                            (ix) the ability of the recipient to 
                        implement the proposed program in a cost-
                        efficient manner, including through cost 
                        sharing and overall reduced overhead, 
                        facilities, and administrative costs.
            (4) Transparency.--
                    (A) In general.--The Secretary shall provide to 
                each applicant, on request, any materials, including 
                copies of reviews (with any information that would 
                identify a reviewer redacted), used in the evaluation 
                process of the proposal of the applicant.
                    (B) Reports.--The Secretary shall submit to the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on 
                Environment and Public Works of the Senate a report the 
                describes the overall review process under paragraph 
                (2), given the considerations under paragraph (3)(B), 
                that includes--
                            (i) specific criteria of evaluation used in 
                        the review;
                            (ii) descriptions of the review process; 
                        and
                            (iii) explanations of the selected awards.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section such sums as are necessary.
            (2) Availability.--Amounts made available to carry out this 
        section shall remain available for a period of 3 years after 
        the last day of the fiscal year in which the amounts were made 
        available.
    (e) Hub Operations.--
            (1) In general.--Each Hub shall conduct, or provide for, 
        multidisciplinary, collaborative research, development, 
        demonstration, and commercial application of innovative 
        materials.
            (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, as it relates to conducting and 
                        supporting multidisciplinary, collaborative 
                        research, development, demonstration, 
                        standardized design development, and commercial 
                        application of innovative materials; 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 and renovation.--
                    (A) In general.--No funds provided under this 
                section may be used for construction or renovation of 
                new buildings, test beds, or additional facilities for 
                Hubs.
                    (B) Non-federal share.--Construction of new 
                buildings or facilities shall not be considered as part 
                of the non-Federal share of a Hub cost-sharing 
                agreement.
    (f) Applicability.--The Secretary shall administer this section in 
accordance with section 330 of title 49, United States Code.

SEC. 5. 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 2024 through 2028.''.

SEC. 6. 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, 
public toll authorities, and units of local government for--
            (1) coastal or rural infrastructure bridge projects; and
            (2) value engineering projects under subsection (g).
    (c) Applications.--To be eligible to receive a grant under 
subsection (b), a State department of transportation, a unit of Tribal 
government, a public toll authority, or a unit of 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 
this section, a coastal or rural infrastructure bridge project or a 
value engineering project shall--
            (1) be a project to add multimodal transportation 
        components, such as bicycle and pedestrian paths, to an 
        existing single span suspension bridge that--
                    (A) has a main span length of greater than 1500 
                feet; and
                    (B) is more than 50 years old;
            (2) be carried out in a manner so as to reduce traffic 
        impact; and
            (3) use innovative materials that--
                    (A) are resistant to corrosion; and
                    (B) extend the service life of the bridge.
    (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;
            (3) graft multimodal transportation components to the 
        existing bridge in such a way as to maintain secure spatial 
        separation for bicyclists and pedestrians from vehicular 
        traffic; and
            (4) 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 2024 through 2028 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 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate, and make publicly available, a report that 
        describes, 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 involved 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 2024 through 2028.

SEC. 7. 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 
wastewater 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 2024 through 2028.

SEC. 8. INNOVATIVE PROJECT DELIVERY FEDERAL SHARE.

    (a) In General.--Section 120(c)(3)(B) of title 23, United States 
Code, is amended--
            (1) by striking clauses (i) and (ii) and inserting the 
        following:
                            ``(i) prefabricated bridge elements and 
                        systems, innovative materials, and other 
                        technologies to reduce bridge construction 
                        time, extend service life, and reduce 
                        preservation costs, as compared to 
                        conventionally designed and constructed 
                        bridges;
                            ``(ii) innovative construction equipment, 
                        materials, techniques, or practices, including 
                        the use of in-place recycling technology, 
                        digital 3-dimensional modeling technologies, 
                        and advanced digital construction management 
                        systems;'';
            (2) in clause (vi), by striking ``or'' at the end;
            (3) by redesignating clause (vii) as clause (viii); and
            (4) by inserting after clause (vi) the following:
                            ``(vii) innovative pavement materials that 
                        demonstrate reductions in greenhouse gas 
                        emissions through sequestration or innovative 
                        manufacturing processes; or''.
    (b) Technical Amendment.--Section 107(a)(2) of title 23, United 
States Code, is amended by striking ``subsection (c) of''.
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