[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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