[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2228 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
1st Session
S. 2228
_______________________________________________________________________
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.).''.
Passed the Senate December 14, 2023.
Attest:
Secretary.
118th CONGRESS
1st Session
S. 2228
_______________________________________________________________________
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.