[House Report 118-522]
[From the U.S. Government Publishing Office]


118th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 118-522

======================================================================



 
            INNOVATIVE MITIGATION PARTNERSHIPS FOR ASPHALT 
                    AND CONCRETE TECHNOLOGIES ACT

                                _______
                                

  May 23, 2024.--Committed to the Committee of the Whole House on the  
             State of the Union and ordered to be printed

                                _______
                                

   Mr. Lucas, from the Committee on Science, Space, and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 7685]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 7685) 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, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     6
Legislative History..............................................     6
Section-by-Section...............................................     6
Related Committee Hearings.......................................     8
Committee Consideration..........................................     8
Roll Call Votes..................................................     8
Application of Law to the Legislative Branch.....................    10
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    10
Statement of General Performance Goals and Objectives............    10
Duplication of Federal Programs..................................    10
Federal Advisory Committee Act...................................    10
Unfunded Mandate Statement.......................................    10
Earmark Identification...........................................    10
Committee Cost Estimate..........................................    10
New Budget Authority, Entitlement Authority, and Tax Expenditures    11
Congressional Budget Office Cost Estimate........................    11
Changes in Existing Law Made by the Bill, as Reported............    11

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Innovative Mitigation Partnerships for 
Asphalt and Concrete Technologies Act'' or the ``IMPACT Act''.

SEC. 2. ADVANCED CEMENT, CONCRETE, AND ASPHALT PRODUCTION RESEARCH 
                    PROGRAM.

  (a) Program.--Part I of subtitle C of title V of the Infrastructure 
Investment and Jobs Act (Public Law 117-58) is amended by inserting 
after section 40522 the following new section:

``SEC. 40523. ADVANCED CEMENT, CONCRETE, AND ASPHALT PRODUCTION 
                    RESEARCH PROGRAM.

  ``(a) Definitions.--In this section:
          ``(1) Advanced production.--The term `advanced production' 
        means production of cement, concrete, or asphalt with one or 
        more of the following improvements with respect to the 
        production of commercially available cement, concrete, or 
        asphalt:
                  ``(A) Improved cost-effectiveness.
                  ``(B) Improved quality, durability, engineering 
                performance, and resilience.
                  ``(C) Improved efficiency of resource consumption and 
                material demand.
          ``(2) Alternative fuels.--The term `alternative fuels' means 
        any solid, liquid, or gaseous materials, or a combination 
        thereof, used to replace or supplement any portion of fuels 
        used in combustion or pyrolysis for low-emissions cement, 
        concrete, or asphalt.
          ``(3) Commercially available.--The term `commercially 
        available', with respect to cement, concrete, and asphalt, 
        means that the cement, concrete, or asphalt is--
                  ``(A) readily and widely available for purchase in 
                the United States; and
                  ``(B) produced using a production method of cement, 
                concrete, or asphalt products, as applicable, that is 
                widely in use.
          ``(4) Eligible entity.--The term `eligible entity' means any 
        of the following:
                  ``(A) An institution of higher education.
                  ``(B) An appropriate State or Federal entity, 
                including a federally funded research and development 
                center of the Department.
                  ``(C) A nonprofit research institution.
                  ``(D) A private entity.
                  ``(E) Any other relevant entity the Secretary 
                determines appropriate.
                  ``(F) A partnership or consortium of two or more 
                entities described in subparagraphs (A) through (E).
          ``(5) Engineering performance-based standard.--The term 
        `engineering performance-based standard' means an existing 
        engineering standard with respect to which the requirements 
        applicable to such standard are stated in terms of required 
        results, with criteria for verifying compliance rather than 
        specific composition, design, or procedure.
          ``(6) Institution of higher education.--The term `institution 
        of higher education' has the meaning given such term in section 
        101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
          ``(7) Low-emissions cement, concrete, and asphalt.--The term 
        `low-emissions cement, concrete, and asphalt' means cement, 
        concrete, asphalt binder, or asphalt mixture that reduces, to 
        the maximum extent practicable, greenhouse gas or directly-
        related copollutant emissions to levels below commercially 
        available cement, concrete, or asphalt.
          ``(8) Rural area.--The term `rural area' has the meaning 
        given such term in section 343(a) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 1991(a)).
  ``(b) Establishment.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall establish a program of 
research, development, demonstration, and commercial application of 
advanced tools, technologies, and methods for advanced production and 
use of low-emissions cement, concrete, and asphalt in order to--
          ``(1) increase the technological and economic competitiveness 
        of industry and production in the United States;
          ``(2) expand and increase the stability of supply chains 
        through enhanced domestic production, nearshoring, and 
        cooperation with allies;
          ``(3) achieve measurable greenhouse gas or directly related 
        copollutant emissions reductions in the production processes 
        for cement, concrete, and asphalt products; and
          ``(4) create quality domestic jobs.
  ``(c) Requirements.--In carrying out the program under subsection 
(b), the Secretary shall--
          ``(1) coordinate with the programs and activities authorized 
        under title VI of division Z of the Consolidated Appropriations 
        Act, 2021 (relating to industrial and manufacturing 
        technologies) and the amendments made by such title;
          ``(2) coordinate across all relevant program offices of the 
        Department, including the Office of Science, the Advanced 
        Research Projects Agency-Energy, the Office of Clean Energy 
        Demonstrations, the Office of Energy Efficiency and Renewable 
        Energy, the Office of Fossil Energy, the Office of Industrial 
        Efficiency and Decarbonization, the Office of Manufacturing and 
        Energy Supply Chains, and the Office of Nuclear Energy;
          ``(3) leverage, to the extent practicable, the research 
        infrastructure of the Department, including scientific 
        computing user facilities, x-ray light sources, neutron 
        scattering facilities, and nanoscale science research centers; 
        and
          ``(4) conduct research, development, demonstration, and 
        commercial application of the advanced production of low-
        emissions cement, concrete, and asphalt that have the potential 
        to increase domestic production and employment in both advanced 
        and commercially available processes.
  ``(d) Strategic Plan.--
          ``(1) In general.--Not later than 180 days after the 
        establishment of the program under subsection (b), the 
        Secretary shall develop a 5-year strategic plan identifying 
        research, development, demonstration, and commercial 
        application goals for such program. The Secretary shall submit 
        such plan to the Committee on Science, Space, and Technology of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate.
          ``(2) Contents.--The strategic plan under paragraph (1) 
        shall--
                  ``(A) identify programs at the Department related to 
                the advanced production of low-emissions cement, 
                concrete, and asphalt that support the research, 
                development, demonstration, and commercial application 
                activities described in this section, and the 
                demonstration projects under subsection (f);
                  ``(B) establish technological and programmatic goals 
                to achieve the requirements specified in subsection 
                (c); and
                  ``(C) include timelines for the accomplishment of 
                such goals developed under the plan.
          ``(3) Updates to plan.--Not less than once every two years, 
        the Secretary shall submit to the Committee on Science, Space, 
        and Technology of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate an 
        updated version of the strategic plan under paragraph (1).
  ``(e) Focus Areas.--In carrying out the program established in 
subsection (c), the Secretary shall focus on the following:
          ``(1) Carbon capture technologies for low-emissions cement, 
        concrete, and asphalt production processes, which may include 
        the following:
                  ``(A) Oxycombustion and chemical looping 
                technologies.
                  ``(B) Precombustion technologies.
                  ``(C) Post combustion technologies.
                  ``(D) Direct carbon dioxide separation technologies.
          ``(2) Materials, technologies, inputs, and processes that--
                  ``(A) produce fewer greenhouse gas or directly 
                related copollutant emissions during production, use, 
                and end use of cement, concrete, and asphalt; or
                  ``(B) provide quality, durability, resilience, 
                engineering, or other performance metrics equal to or 
                greater than commercially available products.
          ``(3) Medium- and high-temperature heat-generation 
        technologies used for the advanced production of low-emissions 
        cement, concrete, and asphalt which may include the following:
                  ``(A) Alternative fuels.
                  ``(B) Renewable heat-generation and storage 
                technology.
                  ``(C) Electrification of heating processes.
                  ``(D) Other clean heat-generation technologies and 
                sources.
          ``(4) Technologies and practices that increase the efficiency 
        of energy use, natural resource consumption, or material 
        demand, which may include the following:
                  ``(A) Designing products that encourage reuse, 
                refurbishment, remanufacturing, and recycling.
                  ``(B) Minimizing waste, including waste heat, from 
                low-emissions cement, concrete, and asphalt production 
                processes, including through the reuse of waste as a 
                resource in other industrial processes for mutual 
                benefit.
                  ``(C) Increasing the overall energy efficiency of 
                low-emissions cement, concrete, and asphalt production 
                processes, including through life cycle assessments.
          ``(5) Technologies and approaches to reduce greenhouse gas or 
        directly related copollutant emissions from the advanced 
        production of cement, concrete, and asphalt.
          ``(6) High-performance computing to develop advanced 
        materials and production processes that may contribute to the 
        focus areas described in paragraphs (1) through (5), including 
        the following:
                  ``(A) Modeling, simulation, and optimization of the 
                design of cost-effective and energy-efficient products 
                and processes.
                  ``(B) The use of digital prototyping and additive 
                production to enhance product design.
          ``(7) Advanced sensor technologies and methods to monitor and 
        quantify the performance of low-emissions cement, concrete, and 
        asphalt materials at scale and under a variety of conditions.
          ``(8) Technologies that can be retrofitted at cement, 
        concrete, and asphalt plants that represent the most common 
        facility types in the United States and in other countries, 
        with consideration for field validation of such retrofits.
          ``(9) Best practices for data standardization and data 
        sharing tools and technologies, in coordination with relevant 
        Federal agencies.
          ``(10) Fundamental research in chemistry and materials 
        science to identify the following:
                  ``(A) Novel materials and alternative domestic 
                feedstocks and processing operations for the advanced 
                production of low-emissions cement, concrete, and 
                asphalt.
                  ``(B) Improved understanding by eligible entities of 
                the mechanisms that determine the performance and 
                durability of low-emissions cement, concrete, and 
                asphalt over time.
  ``(f) Demonstrations.--
          ``(1) Establishment.--Not later than 180 days after the date 
        of the enactment of this section, the Secretary, in carrying 
        out the program established in subsection (b), and in 
        collaboration with the Secretary of Transportation, the 
        Administrator of General Services, industry partners, 
        institutions of higher education, and National Laboratories, 
        shall support demonstrations of advanced production of low-
        emissions cement, concrete, and asphalt that uses either--
                  ``(A) a single technology or practice; or
                  ``(B) a combination of multiple technologies or 
                practices.
          ``(2) Selection requirements.--In carrying out the 
        demonstrations under paragraph (1), the Secretary shall select 
        eligible entities to carry out demonstration projects and to 
        the maximum extent practicable--
                  ``(A) encourage regional diversity among eligible 
                entities, including participation by entities located 
                in rural areas;
                  ``(B) encourage technological diversity among 
                eligible entities; and
                  ``(C) ensure that specific projects selected--
                          ``(i) expand on the existing technology 
                        demonstration programs of the Department;
                          ``(ii) are based on the extent of greenhouse 
                        gas emissions reductions achieved; and
                          ``(iii) prioritize leveraging matching funds 
                        from non-Federal sources.
          ``(3) Reports.--The Secretary shall submit to the Committee 
        on Science, Space, and Technology of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate--
                  ``(A) not less frequently than once every two years 
                for the duration of the demonstrations under paragraph 
                (1), a report describing the performance of such 
                demonstration; and
                  ``(B) if any such demonstration is terminated, an 
                assessment of the success of, and education provided 
                by, the measures carried out by such demonstration.
          ``(4) Termination.--The Secretary may terminate the 
        demonstratives under paragraph (1) if the Secretary determines 
        that sufficient low-emissions cement, concrete, and asphalt 
        produced through advanced production are commercially available 
        domestically at a price comparable to the price of cement, 
        concrete, and asphalt produced through traditional methods of 
        production.
  ``(g) Technical Assistance Program.--
          ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Transportation, the Secretary of Commerce (acting 
        through the Director of the National Institute of Standards and 
        Technology), the Administrator of General Services, the 
        Administrator of the Environmental Protection Agency, and 
        appropriate representatives of relevant standards development 
        organizations, shall provide technical assistance to eligible 
        entities to carry out an activity described in paragraph (2) to 
        promote the commercial application of technologies for the 
        production and use of low-emissions cement, concrete, and 
        asphalt.
          ``(2) Activities described.--An activity referred to in 
        paragraph (1) is any of the following:
                  ``(A) Efforts related to collecting data that could 
                be used in the updating of local codes, specifications, 
                and standards to engineering performance-based 
                standards.
                  ``(B) A lifecycle assessment of the final product.
                  ``(C) An environmental impact comparison between 
                different cements, concretes, and asphalts.
                  ``(D) A techno-economic assessment.
                  ``(E) An environmental permitting or other regulatory 
                process.
                  ``(F) An evaluation or testing activity.
                  ``(G) Any other activity that promotes the commercial 
                application of technologies developed through the 
                program under subsection (b).
          ``(3) Applications.--The Secretary shall seek applications 
        for technical assistance under this subsection--
                  ``(A) on a competitive basis; and
                  ``(B) on a periodic basis, but not less frequently 
                than once every 12 months.
          ``(4) Regional centers.--The Secretary may designate or 
        establish one or more regional centers to provide technical 
        assistance to eligible entities to carry out the activity 
        described in paragraph (2)(A).
  ``(h) Additional Coordination.--
          ``(1) Manufacturing usa.--In carrying out this section the 
        Secretary shall consider--
                  ``(A) leveraging the resources of relevant existing 
                Manufacturing USA Institutes described in section 34(d) 
                of the National Institute of Standards and Technology 
                Act (15 U.S.C. 278s(d));
                  ``(B) integrating program activities into a relevant 
                existing Manufacturing USA Institute; or
                  ``(C) awarding financial assistance, consistent with 
                section 34(e) of the National Institute of Standards 
                and Technology Act (15 U.S.C. 278s(e)), to a person or 
                group of persons to assist the person or group of 
                persons in planning, establishing, or supporting a 
                Manufacturing U.S.A. institute focused on advanced 
                production of low-emissions cement, concrete, and 
                asphalt.
          ``(2) Other federal agencies.--In carrying out this section, 
        the Secretary shall coordinate with other Federal agencies, 
        including the Department of Defense, the Department of 
        Transportation, and the National Institute of Standards and 
        Technology, that are carrying out research and development 
        initiatives to increase industrial competitiveness and achieve 
        measurable greenhouse gas or directly related copollutant 
        emissions reductions through the advanced production of cement, 
        concrete, and asphalt.
  ``(i) Sunset.--This section shall terminate seven years after the 
date of the enactment of this section.
  ``(j) Research Security.--The activities authorized under this 
section shall be applied in a manner consistent with subtitle D of 
title VI of the Research and Development, Competition, and Innovation 
Act (enacted as division B of Public Law 117-167 (42 U.S.C. 19231 et 
seq.)).
  ``(k) Rule of Construction.--Nothing in this section may be construed 
to amend, alter, or affect the authorities of the Secretary to define, 
establish, or enforce new environmental industry standards for, or 
related to, cement, concrete, or asphalt.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Infrastructure Investment and Jobs Act is amended by inserting after 
the item relating to section 40522 the following new item:

``Sec. 40523. Advanced cement, concrete, and asphalt production 
research program.''.

                          Purpose and Summary

    H.R. 7685 directs the Department of Energy (DOE) to 
establish a program of research, development, demonstration, 
and commercial application of advanced tools, technologies, and 
methods for advanced production and use of low-emissions 
cement, concrete, and asphalt. In carrying out this program, 
the Secretary is directed to focus on a range of key technology 
areas, including heat generation, carbon capture, resource 
efficiency, and high-performance computing, and to leverage the 
research infrastructure of the Department, as practicable. It 
also authorizes DOE to provide technical assistance to eligible 
entities in order to utilize the unique technical expertise of 
DOE in increasing the efficiency of current production 
processes.

                  Background and Need for Legislation

    The Innovative Mitigation Partnerships for Asphalt and 
Concrete Technologies (IMPACT) Act, aims to strengthen and 
enhance the competitiveness of American manufacturing through 
the research and development of advanced technologies to 
improve the efficiency of cement, concrete, and asphalt 
production. This legislation compliments and builds on previous 
efforts led by the Science Committee to increase the 
competitiveness of U.S. industries while achieving significant 
reductions in emissions from manufacturing processes.
    While recent emphasis has been placed on reducing power 
sector greenhouse gas (GHG) emissions, the ability to 
substantially reduce GHGs in the industrial sector remains a 
challenge. Cement, concrete, and asphalt production practices 
are of particular importance to the industrial sector and play 
a fundamental role in supporting U.S. infrastructure, national 
defense, and economic security. Yet these production processes 
are one of largest manufacturing related sources of carbon 
dioxide. Globally, cement facilities account for 8% of 
anthropogenic carbon dioxide emissions. Simultaneously, 
projected demand for cement is expected to increase 12% by 
2050.
    To address this pressing challenge, there is a need for 
federal investment in next-generation cement, concrete, and 
asphalt emission reduction technologies. The U.S. Department of 
Energy supports the research and development of industrial 
emission reduction technologies primarily through its Office of 
Energy Efficiency and Renewable Energy and its Advanced 
Manufacturing Office. H.R. 7685 directs the Secretary to carry 
out activities in coordination with relevant programs of DOE, 
other federal agencies including NIST's Manufacturing USA 
Institutes, and with relevant programs and activities 
authorized in the Energy Act of 2020.

                          Legislative History

    H.R. 7685 was introduced on March 15, 2024, by 
Representative Max Miller (R-OH) and is cosponsored by 
Representative Valerie Foushee (D-NC).

                           Section-by-Section


Section 1. Short title

    The short title of this legislation is ``Innovative 
Mitigation Partnerships for Asphalt and Concrete Technologies 
Act'' or the ``IMPACT Act.''

Section 2. Advanced cement, concrete, and asphalt production research 
        program

    This section amends the Infrastructure Investment and Jobs 
Act by inserting a new Section 40525 establishing an advanced 
cement, concrete, and asphalt production research program at 
the Department of Energy.
    Subsection (a) provides definitions related to advanced 
production, alternative fuels, commercially available, eligible 
entities, engineering performance-based standard, institutions 
of higher education, low-emissions cement, concrete, and 
asphalt, and rural areas.
    Subsection (b) directs the Secretary of Energy, within 180 
days, to establish a program of research, development, 
demonstration, and commercial application of advanced tools, 
technologies, and methods for advanced production and use of 
low-emissions cement, concrete, and asphalt.
    Subsection (c) ensures the program is carried out in 
coordination with all programs and activities related to 
industrial and manufacturing technologies authorized in the 
Energy Act of 2020, and all relevant program offices of the 
Department of Energy. This subsection also directs the program 
to leverage the existing research infrastructure of DOE.
    Subsection (d) directs the Secretary to develop a 5-year 
strategic plan identifying research, development, 
demonstration, and commercial application goals for the 
program.
    Subsection (e) provides focus areas of the program, 
including heat generation, carbon capture, resource efficiency, 
and high-performance computing.
    Subsection (f) directs the Secretary, in collaboration with 
the Secretary of Transportation, the Administrator of General 
Services, industry partners, institutions of higher education, 
and National Laboratories, to support demonstrations of 
advanced production of low-emissions cement, concrete, and 
asphalt. This subsection ensures regional and technological 
diversity among demonstration projects.
    Subsection (g) establishes a technical assistance program 
for eligible entities seeking to promote the commercial 
application of technologies for the production and use of low-
emissions cement, concrete, and asphalt. This program is to be 
carried out by DOE in consultation with the Secretary of 
Transportation, the Director of the National Institute of 
Standards and Technology, the Administrator of General 
Services, and the Administrator of the Environmental Protection 
Agency.
    Subsection (h) ensures the activities authorized by this 
bill leverage the resources of existing Manufacturing USA 
Institutes of NIST, integrate activities into existing 
Manufacturing USA Institutes, and assist in planning, 
establishing, or supporting a Manufacturing USA Institute 
focused on advanced production of low-emissions cement, 
concrete, and asphalt.
    Subsection (i) requires the program to terminate seven 
years after the date of enactment unless reauthorized.
    Subsection (j) requires all authorized activities under 
this bill be conducted in compliance with research security 
provisions established by the CHIPS and Science Act.
    Subsection (k) clarifies that nothing in this bill amends, 
alters, or affects the authorities of the Secretary to define, 
establish, or enforce new environmental industry standards for, 
or related to, cement, concrete, or asphalt.

                       Related Committee Hearings

    Pursuant to clause 3(c)(6) of rule XIII, the following 
hearing was used to develop or consider H.R. 7685.
    On September 14, 2023, the Full Committee held a hearing 
entitled An Update on the Department of Energy's Science and 
Technology Priorities. Members and the witness discussed DOE's 
goals and priorities for its civilian research, development, 
demonstration, and commercial application programs.
    Witness:
           The Honorable Jennifer Granholm, Secretary 
        of Energy, U.S. Department of Energy

                        Committee Consideration

    On March 20, 2024, the Committee on Science, Space, and 
Technology met in open session to consider H.R. 7685.
    Rep. Miller offered a Manager's Amendment, which made minor 
technical and conforming changes to the text of the bill. The 
amendment was adopted by voice vote.
    Rep. Sorensen offered an amendment to add further sections 
to align the bill with a similar Senate version of the bill. 
The amendment was withdrawn without consideration.
    Chairman Lucas moved that the Committee favorably report 
the bill, H.R. 7685, as amended, to the House of 
Representatives with the recommendation that the bill be 
approved. The motion was agreed to by a recorded vote of 38 
yeas and 0 nays, a quorum being present.

                            Roll Call Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] 

              Application of Law to the Legislative Branch

    The Committee finds that H.R. 7685 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

          Statement of Oversight Findings and Recommendations
                            of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    Pursuant to clause (3)(c)(4) of rule XIII, the goal of H.R. 
7685 is 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.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, the Committee 
finds that no provision of H.R. 7685 establishes or 
reauthorizes a program of the Federal Government known to be 
duplicative of another Federal program, including any program 
that was included in a report to Congress pursuant to section 
21 of Public Law 111-139 or identified in the most recent 
Catalog of Federal Domestic Assistance.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of section 5(b) of the Federal Advisory 
Committee Act.

                       Unfunded Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                         Earmark Identification

    Pursuant to clauses 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 7685 does not include any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not yet available.

              New Budget Authority, Entitlement Authority,
                          and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 7685 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                 INFRASTRUCTURE INVESTMENT AND JOBS ACT

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the 
``Infrastructure Investment and Jobs Act''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
           *       *       *       *       *       *       *

                           DIVISION D--ENERGY

           *       *       *       *       *       *       *

         TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE

           *       *       *       *       *       *       *

                Subtitle C--Industrial Energy Efficiency

                            PART I--Industry

Sec. 40521. Future of industry program and industrial research and 
          assessment centers.
Sec. 40522. Sustainable manufacturing initiative.
Sec. 40523. Advanced cement, concrete, and asphalt production research 
          program.

           *       *       *       *       *       *       *


                           DIVISION D--ENERGY

           *       *       *       *       *       *       *


                    TITLE V--ENERGY EFFICIENCY AND 
                       BUILDING INFRASTRUCTURE

           *       *       *       *       *       *       *


                Subtitle C--Industrial Energy Efficiency

                          PART I--INDUSTRY

           *       *       *       *       *       *       *


SEC. 40523. ADVANCED CEMENT, CONCRETE, AND ASPHALT PRODUCTION RESEARCH 
                    PROGRAM.

  (a) Definitions.--In this section:
          (1) Advanced production.--The term ``advanced 
        production'' means production of cement, concrete, or 
        asphalt with one or more of the following improvements 
        with respect to the production of commercially 
        available cement, concrete, or asphalt:
                  (A) Improved cost-effectiveness.
                  (B) Improved quality, durability, engineering 
                performance, and resilience.
                  (C) Improved efficiency of resource 
                consumption and material demand.
          (2) Alternative fuels.--The term ``alternative 
        fuels'' means any solid, liquid, or gaseous materials, 
        or a combination thereof, used to replace or supplement 
        any portion of fuels used in combustion or pyrolysis 
        for low-emissions cement, concrete, or asphalt.
          (3) Commercially available.--The term ``commercially 
        available'', with respect to cement, concrete, and 
        asphalt, means that the cement, concrete, or asphalt 
        is--
                  (A) readily and widely available for purchase 
                in the United States; and
                  (B) produced using a production method of 
                cement, concrete, or asphalt products, as 
                applicable, that is widely in use.
          (4) Eligible entity.--The term ``eligible entity'' 
        means any of the following:
                  (A) An institution of higher education.
                  (B) An appropriate State or Federal entity, 
                including a federally funded research and 
                development center of the Department.
                  (C) A nonprofit research institution.
                  (D) A private entity.
                  (E) Any other relevant entity the Secretary 
                determines appropriate.
                  (F) A partnership or consortium of two or 
                more entities described in subparagraphs (A) 
                through (E).
          (5) Engineering performance-based standard.--The term 
        ``engineering performance-based standard'' means an 
        existing engineering standard with respect to which the 
        requirements applicable to such standard are stated in 
        terms of required results, with criteria for verifying 
        compliance rather than specific composition, design, or 
        procedure.
          (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given such term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001).
          (7) Low-emissions cement, concrete, and asphalt.--The 
        term ``low-emissions cement, concrete, and asphalt'' 
        means cement, concrete, asphalt binder, or asphalt 
        mixture that reduces, to the maximum extent 
        practicable, greenhouse gas or directly-related 
        copollutant emissions to levels below commercially 
        available cement, concrete, or asphalt.
          (8) Rural area.--The term ``rural area'' has the 
        meaning given such term in section 343(a) of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 
        1991(a)).
  (b) Establishment.--Not later than 180 days after the date of 
the enactment of this section, the Secretary shall establish a 
program of research, development, demonstration, and commercial 
application of advanced tools, technologies, and methods for 
advanced production and use of low-emissions cement, concrete, 
and asphalt in order to--
          (1) increase the technological and economic 
        competitiveness of industry and production in the 
        United States;
          (2) expand and increase the stability of supply 
        chains through enhanced domestic production, 
        nearshoring, and cooperation with allies;
          (3) achieve measurable greenhouse gas or directly 
        related copollutant emissions reductions in the 
        production processes for cement, concrete, and asphalt 
        products; and
          (4) create quality domestic jobs.
  (c) Requirements.--In carrying out the program under 
subsection (b), the Secretary shall--
          (1) coordinate with the programs and activities 
        authorized under title VI of division Z of the 
        Consolidated Appropriations Act, 2021 (relating to 
        industrial and manufacturing technologies) and the 
        amendments made by such title;
          (2) coordinate across all relevant program offices of 
        the Department, including the Office of Science, the 
        Advanced Research Projects Agency-Energy, the Office of 
        Clean Energy Demonstrations, the Office of Energy 
        Efficiency and Renewable Energy, the Office of Fossil 
        Energy, the Office of Industrial Efficiency and 
        Decarbonization, the Office of Manufacturing and Energy 
        Supply Chains, and the Office of Nuclear Energy;
          (3) leverage, to the extent practicable, the research 
        infrastructure of the Department, including scientific 
        computing user facilities, x-ray light sources, neutron 
        scattering facilities, and nanoscale science research 
        centers; and
          (4) conduct research, development, demonstration, and 
        commercial application of the advanced production of 
        low-emissions cement, concrete, and asphalt that have 
        the potential to increase domestic production and 
        employment in both advanced and commercially available 
        processes.
  (d) Strategic Plan.--
          (1) In general.--Not later than 180 days after the 
        establishment of the program under subsection (b), the 
        Secretary shall develop a 5-year strategic plan 
        identifying research, development, demonstration, and 
        commercial application goals for such program. The 
        Secretary shall submit such plan to the Committee on 
        Science, Space, and Technology of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate.
          (2) Contents.--The strategic plan under paragraph (1) 
        shall--
                  (A) identify programs at the Department 
                related to the advanced production of low-
                emissions cement, concrete, and asphalt that 
                support the research, development, 
                demonstration, and commercial application 
                activities described in this section, and the 
                demonstration projects under subsection (f);
                  (B) establish technological and programmatic 
                goals to achieve the requirements specified in 
                subsection (c); and
                  (C) include timelines for the accomplishment 
                of such goals developed under the plan.
          (3) Updates to plan.--Not less than once every two 
        years, the Secretary shall submit to the Committee on 
        Science, Space, and Technology of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate an updated version of the 
        strategic plan under paragraph (1).
  (e) Focus Areas.--In carrying out the program established in 
subsection (c), the Secretary shall focus on the following:
          (1) Carbon capture technologies for low-emissions 
        cement, concrete, and asphalt production processes, 
        which may include the following:
                  (A) Oxycombustion and chemical looping 
                technologies.
                  (B) Precombustion technologies.
                  (C) Post combustion technologies.
                  (D) Direct carbon dioxide separation 
                technologies.
          (2) Materials, technologies, inputs, and processes 
        that--
                  (A) produce fewer greenhouse gas or directly 
                related copollutant emissions during 
                production, use, and end use of cement, 
                concrete, and asphalt; or
                  (B) provide quality, durability, resilience, 
                engineering, or other performance metrics equal 
                to or greater than commercially available 
                products.
          (3) Medium- and high-temperature heat-generation 
        technologies used for the advanced production of low-
        emissions cement, concrete, and asphalt which may 
        include the following:
                  (A) Alternative fuels.
                  (B) Renewable heat-generation and storage 
                technology.
                  (C) Electrification of heating processes.
                  (D) Other clean heat-generation technologies 
                and sources.
          (4) Technologies and practices that increase the 
        efficiency of energy use, natural resource consumption, 
        or material demand, which may include the following:
                  (A) Designing products that encourage reuse, 
                refurbishment, remanufacturing, and recycling.
                  (B) Minimizing waste, including waste heat, 
                from low-emissions cement, concrete, and 
                asphalt production processes, including through 
                the reuse of waste as a resource in other 
                industrial processes for mutual benefit.
                  (C) Increasing the overall energy efficiency 
                of low-emissions cement, concrete, and asphalt 
                production processes, including through life 
                cycle assessments.
          (5) Technologies and approaches to reduce greenhouse 
        gas or directly related copollutant emissions from the 
        advanced production of cement, concrete, and asphalt.
          (6) High-performance computing to develop advanced 
        materials and production processes that may contribute 
        to the focus areas described in paragraphs (1) through 
        (5), including the following:
                  (A) Modeling, simulation, and optimization of 
                the design of cost-effective and energy-
                efficient products and processes.
                  (B) The use of digital prototyping and 
                additive production to enhance product design.
          (7) Advanced sensor technologies and methods to 
        monitor and quantify the performance of low-emissions 
        cement, concrete, and asphalt materials at scale and 
        under a variety of conditions.
          (8) Technologies that can be retrofitted at cement, 
        concrete, and asphalt plants that represent the most 
        common facility types in the United States and in other 
        countries, with consideration for field validation of 
        such retrofits.
          (9) Best practices for data standardization and data 
        sharing tools and technologies, in coordination with 
        relevant Federal agencies.
          (10) Fundamental research in chemistry and materials 
        science to identify the following:
                  (A) Novel materials and alternative domestic 
                feedstocks and processing operations for the 
                advanced production of low-emissions cement, 
                concrete, and asphalt.
                  (B) Improved understanding by eligible 
                entities of the mechanisms that determine the 
                performance and durability of low-emissions 
                cement, concrete, and asphalt over time.
  (f) Demonstrations.--
          (1) Establishment.--Not later than 180 days after the 
        date of the enactment of this section, the Secretary, 
        in carrying out the program established in subsection 
        (b), and in collaboration with the Secretary of 
        Transportation, the Administrator of General Services, 
        industry partners, institutions of higher education, 
        and National Laboratories, shall support demonstrations 
        of advanced production of low-emissions cement, 
        concrete, and asphalt that uses either--
                  (A) a single technology or practice; or
                  (B) a combination of multiple technologies or 
                practices.
          (2) Selection requirements.--In carrying out the 
        demonstrations under paragraph (1), the Secretary shall 
        select eligible entities to carry out demonstration 
        projects and to the maximum extent practicable--
                  (A) encourage regional diversity among 
                eligible entities, including participation by 
                entities located in rural areas;
                  (B) encourage technological diversity among 
                eligible entities; and
                  (C) ensure that specific projects selected--
                          (i) expand on the existing technology 
                        demonstration programs of the 
                        Department;
                          (ii) are based on the extent of 
                        greenhouse gas emissions reductions 
                        achieved; and
                          (iii) prioritize leveraging matching 
                        funds from non-Federal sources.
          (3) Reports.--The Secretary shall submit to the 
        Committee on Science, Space, and Technology of the 
        House of Representatives and the Committee on Energy 
        and Natural Resources of the Senate--
                  (A) not less frequently than once every two 
                years for the duration of the demonstrations 
                under paragraph (1), a report describing the 
                performance of such demonstration; and
                  (B) if any such demonstration is terminated, 
                an assessment of the success of, and education 
                provided by, the measures carried out by such 
                demonstration.
          (4) Termination.--The Secretary may terminate the 
        demonstratives under paragraph (1) if the Secretary 
        determines that sufficient low-emissions cement, 
        concrete, and asphalt produced through advanced 
        production are commercially available domestically at a 
        price comparable to the price of cement, concrete, and 
        asphalt produced through traditional methods of 
        production.
  (g) Technical Assistance Program.--
          (1) In general.--The Secretary, in consultation with 
        the Secretary of Transportation, the Secretary of 
        Commerce (acting through the Director of the National 
        Institute of Standards and Technology), the 
        Administrator of General Services, the Administrator of 
        the Environmental Protection Agency, and appropriate 
        representatives of relevant standards development 
        organizations, shall provide technical assistance to 
        eligible entities to carry out an activity described in 
        paragraph (2) to promote the commercial application of 
        technologies for the production and use of low-
        emissions cement, concrete, and asphalt.
          (2) Activities described.--An activity referred to in 
        paragraph (1) is any of the following:
                  (A) Efforts related to collecting data that 
                could be used in the updating of local codes, 
                specifications, and standards to engineering 
                performance-based standards.
                  (B) A lifecycle assessment of the final 
                product.
                  (C) An environmental impact comparison 
                between different cements, concretes, and 
                asphalts.
                  (D) A techno-economic assessment.
                  (E) An environmental permitting or other 
                regulatory process.
                  (F) An evaluation or testing activity.
                  (G) Any other activity that promotes the 
                commercial application of technologies 
                developed through the program under subsection 
                (b).
          (3) Applications.--The Secretary shall seek 
        applications for technical assistance under this 
        subsection--
                  (A) on a competitive basis; and
                  (B) on a periodic basis, but not less 
                frequently than once every 12 months.
          (4) Regional centers.--The Secretary may designate or 
        establish one or more regional centers to provide 
        technical assistance to eligible entities to carry out 
        the activity described in paragraph (2)(A).
  (h) Additional Coordination.--
          (1) Manufacturing usa.--In carrying out this section 
        the Secretary shall consider--
                  (A) leveraging the resources of relevant 
                existing Manufacturing USA Institutes described 
                in section 34(d) of the National Institute of 
                Standards and Technology Act (15 U.S.C. 
                278s(d));
                  (B) integrating program activities into a 
                relevant existing Manufacturing USA Institute; 
                or
                  (C) awarding financial assistance, consistent 
                with section 34(e) of the National Institute of 
                Standards and Technology Act (15 U.S.C. 
                278s(e)), to a person or group of persons to 
                assist the person or group of persons in 
                planning, establishing, or supporting a 
                Manufacturing U.S.A. institute focused on 
                advanced production of low-emissions cement, 
                concrete, and asphalt.
          (2) Other federal agencies.--In carrying out this 
        section, the Secretary shall coordinate with other 
        Federal agencies, including the Department of Defense, 
        the Department of Transportation, and the National 
        Institute of Standards and Technology, that are 
        carrying out research and development initiatives to 
        increase industrial competitiveness and achieve 
        measurable greenhouse gas or directly related 
        copollutant emissions reductions through the advanced 
        production of cement, concrete, and asphalt.
  (i) Sunset.--This section shall terminate seven years after 
the date of the enactment of this section.
  (j) Research Security.--The activities authorized under this 
section shall be applied in a manner consistent with subtitle D 
of title VI of the Research and Development, Competition, and 
Innovation Act (enacted as division B of Public Law 117-167 (42 
U.S.C. 19231 et seq.)).
  (k) Rule of Construction.--Nothing in this section may be 
construed to amend, alter, or affect the authorities of the 
Secretary to define, establish, or enforce new environmental 
industry standards for, or related to, cement, concrete, or 
asphalt.

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