[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.