[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2228 Enrolled Bill (ENR)]
S.2228
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
An Act
To amend the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 to clarify the scope of a major Federal action
under the National Environmental Policy Act of 1969 with respect to
certain projects relating to the production of semiconductors, 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 ``Building Chips in America Act of
2023''.
SEC. 2. SEMICONDUCTOR PROGRAM.
Title XCIX of division H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651
et seq.) is amended--
(1) in section 9902 (15 U.S.C. 4652)--
(A) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(B) by inserting after subsection (g) the following:
``(h) Authority Relating to Environmental Review.--
``(1) In general.--Notwithstanding any other provision of law,
the provision by the Secretary of Federal financial assistance for
a project described in this section that satisfies the requirements
under subsection (a)(2)(C)(i) of this section shall not be
considered to be a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (referred
to in this subsection as `NEPA') or an undertaking for the purposes
of division A of subtitle III of title 54, United States Code, if--
``(A) the activity described in the application for that
project has commenced not later than December 31, 2024;
``(B) the Federal financial assistance provided is in the
form of a loan or loan guarantee; or
``(C) the Federal financial assistance provided, excluding
any loan or loan guarantee, comprises not more than 10 percent
of the total estimated cost of the project.
``(2) Savings clause.--Nothing in this subsection may be
construed as altering whether an activity described in subparagraph
(A), (B), or (C) of paragraph (1) is considered to be a major
Federal action under NEPA, or an undertaking under division A of
subtitle III of title 54, United States Code, for a reason other
than that the activity is eligible for Federal financial assistance
provided under this section.''; and
(2) in section 9909 (15 U.S.C. 4659), by adding at the end the
following:
``(c) Lead Federal Agency and Cooperating Agencies.--
``(1) Definition.--In this subsection, the term `lead agency'
has the meaning given the term in section 111 of NEPA (42 U.S.C.
4336e).
``(2) Option to serve as lead agency.--With respect to a
covered activity that is a major Federal action under NEPA, and
with respect to which the Department of Commerce is authorized or
required by law to issue an authorization or take action for or
relating to that covered activity, the Department of Commerce shall
have the first right to serve as the lead agency with respect to
that covered activity under NEPA.
``(d) Categorical Exclusions.--
``(1) Establishment of categorical exclusions.--Each of the
following categorical exclusions is established for the National
Institute of Standards and Technology with respect to a covered
activity and, beginning on the date of enactment of this
subsection, is available for use by the Secretary with respect to a
covered activity:
``(A) Categorical exclusion 17.04.d (relating to the
acquisition of machinery and equipment) in the document
entitled `EDA Program to Implement the National Environmental
Policy Act of 1969 and Other Federal Environmental Mandates As
Required' (Directive No. 17.02-2; effective date October 14,
1992).
``(B) Categorical exclusion A9 in Appendix A to subpart D
of part 1021 of title 10, Code of Federal Regulations, or any
successor regulation.
``(C) Categorical exclusions B1.24, B1.31, B2.5, and B5.1
in Appendix B to subpart D of part 1021 of title 10, Code of
Federal Regulations, or any successor regulation.
``(D) The categorical exclusions described in paragraphs
(4) and (13) of section 50.19(b) of title 24, Code of Federal
Regulations, or any successor regulation.
``(E) Categorical exclusion (c)(1) in Appendix B to part
651 of title 32, Code of Federal Regulations, or any successor
regulation.
``(F) Categorical exclusions A2.3.8 and A2.3.14 in Appendix
B to part 989 of title 32, Code of Federal Regulations, or any
successor regulation.
``(2) Additional categorical exclusions.--Notwithstanding any
other provision of law, each of the following shall be treated as a
category of action categorically excluded from the requirements
relating to environmental assessments and environmental impact
statements under section 1501.4 of title 40, Code of Federal
Regulations, or any successor regulation:
``(A) The provision by the Secretary of any Federal
financial assistance for a project described in section 9902,
if the facility that is the subject of the project is on or
adjacent to a site--
``(i) that is owned or leased by the covered entity to
which Federal financial assistance is provided for that
project; and
``(ii) on which, as of the date on which the Secretary
provides that Federal financial assistance, substantially
similar construction, expansion, or modernization is being
or has been carried out, such that the facility would not
more than double existing developed acreage or on-site
supporting infrastructure.
``(B) The provision by the Secretary of Defense of any
Federal financial assistance relating to--
``(i) the creation, expansion, or modernization of one
or more facilities described in the second sentence of
section 9903(a)(1); or
``(ii) carrying out section 9903(b), as in effect on
the date of enactment of this subsection.
``(C) Any activity undertaken by the Secretary relating to
carrying out section 9906, as in effect on the date of
enactment of this subsection.
``(e) Incorporation of Prior Planning Decisions.--
``(1) Definition.--In this subsection, the term `prior studies
and decisions' means baseline data, planning documents, studies,
analyses, decisions, and documentation that a Federal agency has
completed for a project (or that have been completed under the laws
and procedures of a State or Indian Tribe), including for
determining the reasonable range of alternatives for that project.
``(2) Reliance on prior studies and decisions.--In completing
an environmental review under NEPA for a covered activity, the
Secretary may consider and, as appropriate, rely on or adopt prior
studies and decisions, if the Secretary determines that--
``(A) those prior studies and decisions meet the standards
for an adequate statement, assessment, or determination under
applicable procedures of the Department of Commerce
implementing the requirements of NEPA;
``(B) in the case of prior studies and decisions completed
under the laws and procedures of a State or Indian Tribe, those
laws and procedures are of equal or greater rigor than those of
each applicable Federal law, including NEPA, implementing
procedures of the Department of Commerce; or
``(C) if applicable, the prior studies and decisions are
informed by other analysis or documentation that would have
been prepared if the prior studies and decisions were prepared
by the Secretary under NEPA.
``(f) Definitions.--In this section:
``(1) Covered activity.--The term `covered activity' means any
activity relating to the construction, expansion, or modernization
of a facility, the investment in which is eligible for Federal
financial assistance under section 9902 or 9906.
``(2) NEPA.--The term `NEPA' means the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.