HR 4549 — Building Chips in America Act of 2023

Summary

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.

Bill Text

• Introduced Introduced in House Current html July 11, 2023

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill clarifies certain exemptions from the National Environmental Policy Act (NEPA) for semiconductor projects funded by the Department of Commerce and expands the authority regarding environmental reviews.

• 15 U.S.C. 4659

  (c) Authority Relating to Environmental Review.-- (1) In general.--Notwithstanding any other provision of law, none of the following shall be considered to be a major Federal action under NEPA or an undertaking for the purposes of division A of subtitle III of title 54, United States Code: (A) The provision by the Secretary of any Federal financial assistance for a project described in section 9902, if-- (i) the covered activity described in the application for that project has commenced before the date on which the Secretary provides that assistance; (ii) 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 substantially similar construction, expansion, or modernization has been carried out such that the facility would not more than double existing developed acreage or supporting infrastructure; (iii) the Secretary determines, in the sole discretion of the Secretary, that the laws and regulations governing environmental reviews in the State in which the facility that is the subject of the project is or will be located are functionally equivalent to the requirements under NEPA; (iv) the Federal financial assistance provided is in the form of a loan or loan guarantee; or (v) the Federal financial assistance provided, excluding any loan or loan guarantee, comprises less than 15 percent of the total estimated cost of the project. (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). (C) Any activity relating to carrying out section 9906.

  This new subsection exempts specific semiconductor projects from being classified as major Federal actions under NEPA, streamlining the review process.

• 15 U.S.C. 4659

  (d) 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. (2) Option to serve as lead agency.--With respect to a covered activity that is a major Federal action under NEPA, the Department of Commerce shall have the first right to serve as the lead agency with respect to that covered activity under NEPA.

  This change gives the Department of Commerce priority to act as the lead agency for environmental reviews of specific covered activities under NEPA.

• 15 U.S.C. 4659

  (e) Adoption of Categorical Exclusions.-- (1) Establishment of categorical exclusions.--Each of the following categorical exclusions is established for the National Institute of Standards and Technology and, beginning on the date of enactment of this subsection, is available for use by the Secretary: (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.

  This establishes new categorical exclusions specific to the National Institute of Standards and Technology, thereby reducing the environmental review burden for certain projects.

• 15 U.S.C. 4659

  (f) 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.

  This change allows the Secretary to utilize prior studies and decisions in NEPA reviews, which would streamline the review process for covered activities.

Action History

1. July 11, 2023

   Introduced in House

2. July 11, 2023

   Introduced in House

3. July 11, 2023

   Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Energy and Commerce, Armed Services, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

4. July 11, 2023

   Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Energy and Commerce, Armed Services, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

5. July 11, 2023

   Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Energy and Commerce, Armed Services, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

6. July 11, 2023

   Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Energy and Commerce, Armed Services, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

7. July 14, 2023

   Referred to the Subcommittee on Innovation, Data, and Commerce.

Sponsors

• Jennifer A. Kiggans · Primary

Subjects