---
kind: "section"
citation: "42 U.S.C. § 6966"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6966"
heading: "Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6966"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter VI — Federal Responsibilities"
---

# §6966. Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete

- (a) **Definitions—** In this section:
  - (1) **Agency head—** The term “[agency](/usc/42/8262.md?p=1) head” means—
    - (A) the [Secretary](/usc/42/242q–4.md?p=2) of Transportation; and
    - (B) the head of any other [Federal agency](/usc/42/6903.md?p=4) that, on a regular basis, procures, or provides Federal funds to pay or assist in paying the cost of procuring, material for cement or concrete [projects](/usc/42/13641.md?p=2).
  - (2) **Cement or concrete project—** The term “cement or concrete [project](/usc/42/13641.md?p=2)” means a [project](/usc/42/13641.md?p=2) for the [construction](/usc/42/6903.md?p=2) or maintenance of a highway or other transportation facility or a Federal, [State](/usc/42/6903.md?p=31), or local government building or other public facility that—
    - (A) involves the procurement of cement or concrete; and
    - (B) is carried out, in whole or in part, using Federal funds.
  - (3) **Recovered mineral component—** The term “recovered mineral component” means—
    - (A) ground granulated blast furnace slag, excluding lead slag;
    - (B) coal combustion fly ash; and
    - (C) any other waste material or byproduct recovered or diverted from [solid waste](/usc/42/6903.md?p=27) that the [Administrator](/usc/42/6903.md?p=1), in consultation with an [agency](/usc/42/8262.md?p=1) head, determines should be treated as recovered mineral component under this section for use in cement or concrete [projects](/usc/42/13641.md?p=2) paid for, in whole or in part, by the [agency](/usc/42/8262.md?p=1) head.
- (b) **Implementation of requirements—**
  - (1) **In general—** Not later than 1 year after August 8, 2005, the [Administrator](/usc/42/6903.md?p=1) and each [agency](/usc/42/8262.md?p=1) head shall take such actions as are necessary to implement fully all procurement requirements and incentives in effect as of August 8, 2005 (including guidelines under [section 6962 of this title](/usc/42/6962.md)) that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete [projects](/usc/42/13641.md?p=2).
  - (2) **Priority—** In carrying out [paragraph (1)](#b-1), an [agency](/usc/42/8262.md?p=1) head shall give priority to achieving greater use of recovered mineral component in cement or concrete [projects](/usc/42/13641.md?p=2) for which recovered mineral components historically have not been used or have been used only minimally.
  - (3) **Federal procurement requirements—** The [Administrator](/usc/42/6903.md?p=1) and each [agency](/usc/42/8262.md?p=1) head shall carry out this subsection in accordance with [section 6962 of this title](/usc/42/6962.md).
- (c) **Full implementation study—**
  - (1) **In general—** The [Administrator](/usc/42/6903.md?p=1), in cooperation with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation and the [Secretary](/usc/42/242q–4.md?p=2) of Energy, shall conduct a study to determine the extent to which procurement requirements, when fully implemented in accordance with [subsection (b)](#b), may realize energy savings and environmental benefits attainable with substitution of recovered mineral component in cement used in cement or concrete [projects](/usc/42/13641.md?p=2).
  - (2) **Matters to be addressed—** The study shall—
    - (A) quantify—
      - (i) the extent to which recovered mineral components are being substituted for Portland cement, particularly as a result of procurement requirements; and
      - (ii) the energy savings and environmental benefits associated with the substitution;
    - (B) identify all barriers in procurement requirements to greater realization of energy savings and environmental benefits, including barriers resulting from exceptions from the law; and
    - (C)
      - (i) identify potential mechanisms to achieve greater substitution of recovered mineral component in types of cement or concrete [projects](/usc/42/13641.md?p=2) for which recovered mineral components historically have not been used or have been used only minimally;
      - (ii) evaluate the feasibility of establishing guidelines or standards for optimized substitution rates of recovered mineral component in those cement or concrete [projects](/usc/42/13641.md?p=2); and
      - (iii) identify any potential environmental or economic effects that may result from greater substitution of recovered mineral component in those cement or concrete [projects](/usc/42/13641.md?p=2).
  - (3) **Report—** Not later than 30 months after August 8, 2005, the [Administrator](/usc/42/6903.md?p=1) shall submit to Congress a report on the study.
- (d) **Additional procurement requirements—** Unless the study conducted under [subsection (c)](#c) identifies any effects or other problems described in [subsection (c)(2)(C)(iii)](#c-2-C-iii) that warrant further review or delay, the [Administrator](/usc/42/6903.md?p=1) and each [agency](/usc/42/8262.md?p=1) head shall, not later than 1 year after the date on which the report under [subsection (c)(3)](#c-3) is submitted, take additional actions under this chapter to establish procurement requirements and incentives that provide for the use of cement and concrete with increased substitution of recovered mineral component in the [construction](/usc/42/6903.md?p=2) and maintenance of cement or concrete [projects](/usc/42/13641.md?p=2)—
  - (1) to realize more fully the energy savings and environmental benefits associated with increased substitution; and
  - (2) to eliminate barriers identified under [subsection (c)(2)(B)](#c-2-B).
- (e) **Effect of section—** Nothing in this section affects the requirements of [section 6962 of this title](/usc/42/6962.md) (including the guidelines and specifications for implementing those requirements).

## Source credit

(Pub. L. 89–272, title II, § 6005, as added Pub. L. 109–58, title I, § 108(a), Aug. 8, 2005, 119 Stat. 612.)

## Notes

### Editorial Notes

### Codification

Another section 6005 of Pub. L. 89–272 is classified to section 6966a of this title.