[118th Congress Public Law 105]
[From the U.S. Government Publishing Office]



[[Page 138 STAT. 1587]]

Public Law 118-105
118th Congress

                                 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. <<NOTE: Oct. 2, 2024 -  [S. 2228]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Building Chips 
in America Act of 2023.>> 
SECTION 1. <<NOTE: 15 USC 4651 note.>> 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) <<NOTE: Deadline.>> 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

[[Page 138 STAT. 1588]]

            (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) <<NOTE: Effective date.>> 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

[[Page 138 STAT. 1589]]

                          ``(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) <<NOTE: Determination.>> 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.

[[Page 138 STAT. 1590]]

            ``(2) NEPA.--The term `NEPA' means the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.

    Approved October 2, 2024.

LEGISLATIVE HISTORY--S. 2228:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 169 (2023):
                                    Dec. 14, considered and passed 
                                        Senate.
                                                        Vol. 170 (2024):
                                    Sept. 23, considered and passed 
                                        House.

                                  <all>