[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S723-S724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1541. Mr. KELLY (for himself and Mr. Cruz) submitted an amendment
intended to be proposed to amendment SA 1388 submitted by Mrs. Murray
(for herself and Mr. Schumer) and intended to be proposed to the bill
H.R. 815, to amend title 38, United States Code, to make certain
improvements relating to the eligibility of veterans to receive
reimbursement for emergency treatment furnished through the Veterans
Community Care program, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. 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.
[[Page S724]]
``(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.).''.
______