United States 118th Congress ✓ Enacted · P.L. 118-105 1 D cosponsors

S 2228 — Building Chips in America Act of 2023

Last action — Became Public Law No: 118-105.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced July 11, 2023. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Building Chips in America Act of 2023This bill modifies and limits the review of certain semiconductor (i.e., microchip) projects under the National Environmental Policy Act of 1969 (NEPA) and the National Historic Preservation Act (NHPA).First, the bill exempts from NEPA and NHPA specified semiconductor projects that receive financial assistance under the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, including semiconductor projects with (1) activities that commence by December 31, 2024; (2) federal financial assistance provided in the form of a loan or loan guarantee; or (3) federal financial assistance, excluding any loan or loan guarantee, that comprises no more than 10% of the total estimated cost of the project. Further, the bill exempts certain activities from NEPA relating to the construction, expansion, or modernization of semiconductor facilities by establishing several categorical exclusions.Next, the bill allows the Department of Commerce to serve as the lead agency for the review of a semiconductor project that receives such financial assistance but is not exempted from review under NEPA.In completing an environmental review under NEPA for semiconductor projects that receive such financial assistance, Commerce may rely on or adopt prior studies and decisions under certain circumstances.

Bill Text

What changed in the latest version

84 added · 85 removed

Plain-language change summary

The amendment adds text specifying that certain activities meeting specific requirements will not be classified as major Federal actions under the National Environmental Policy Act of 1969 (NEPA). This change is significant because it clarifies the regulatory status of certain projects, potentially allowing them to proceed with less environmental review.

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[Congressional Bills 118th Congress] [From the U.S.
[118th Congress Public Law 105] [From the U.S.
Government Publishing Office] [S.
Government Publishing Office] [[Page 138 STAT.
2228 Engrossed in Senate (ES)] <DOC> 118th CONGRESS 1st Session S.
1587]] Public Law 118-105 118th Congress An Act To amend the William M.
2228 _______________________________________________________________________ AN ACT To amend the William M.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
<<NOTE:
SHORT TITLE.
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.
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;
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;
and (2) in section 9909 (15 U.S.C.
and [[Page 138 STAT.
1588]] (2) in section 9909 (15 U.S.C.
``(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:
``(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:
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.
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.
``(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;
``(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;
``(2) NEPA.--The term `NEPA' means the National Environmental Policy Act of 1969 (42 U.S.C.
[[Page 138 STAT.
1590]] ``(2) NEPA.--The term `NEPA' means the National Environmental Policy Act of 1969 (42 U.S.C.
Passed the Senate December 14, 2023.
Approved October 2, 2024.
Attest:
LEGISLATIVE HISTORY--S.
Secretary.
2228:
118th CONGRESS 1st Session S.
--------------------------------------------------------------------------- CONGRESSIONAL RECORD:
2228 _______________________________________________________________________ AN ACT To amend the William M.
Vol.
(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.
169 (2023):
Dec.
14, considered and passed Senate.
Vol.
170 (2024):
Sept.
23, considered and passed House.
<all>
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How this bill changes current law

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

The bill adds provisions that clarify certain projects related to semiconductor production are excluded from being classified as major Federal actions under NEPA, thereby streamlining the environmental review process for such projects.

  • 15 U.S.C. 4652

    (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.

    This adds a new subsection that outlines specific conditions under which Federal financial assistance for semiconductor projects is exempt from NEPA's major Federal action classification.

  • 15 U.S.C. 4659

    (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.

    This adds a new subsection that designates the Department of Commerce as the lead agency for certain covered activities under NEPA.

  • 15 U.S.C. 4659

    (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.

    This adds multiple categorical exclusions specific to the National Institute of Standards and Technology for certain semiconductor-related activities under environmental review.

  • 15 U.S.C. 4659

    (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.

    This section establishes guidelines for incorporating prior studies and decisions into environmental reviews for covered activities.

Action History

  1. Signed by President.

  2. Signed by President.

  3. Became Public Law No: 118-105.

  4. Became Public Law No: 118-105.

  5. Presented to President.

  6. Presented to President.

  7. Mr. Lucas moved to suspend the rules and pass the bill.

  8. Considered under suspension of the rules. (consideration: CR H5603-5606)

  9. DEBATE - The House proceeded with forty minutes of debate on S. 2228.

  10. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  11. Considered as unfinished business. (consideration: CR H5625-5626)

  12. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 257 - 125 (Roll no. 440). (text: CR H5603-5604)

  13. On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 257 - 125 (Roll no. 440). (text: CR H5603-5604)

  14. Motion to reconsider laid on the table Agreed to without objection.

  15. Received in the House.

  16. Held at the desk.

  17. Message on Senate action sent to the House.

  18. Senate Committee on Environment and Public Works discharged by Unanimous Consent.

  19. Senate Committee on Environment and Public Works discharged by Unanimous Consent.

  20. Measure laid before Senate by unanimous consent. (consideration: CR S6009-6010)

  21. Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S6010)

  22. Passed Senate with an amendment by Unanimous Consent. (text: CR S6010)

  23. Introduced in Senate

  24. Read twice and referred to the Committee on Environment and Public Works.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment technology
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Frequently asked questions

What does S 2228 do?
Building Chips in America Act of 2023This bill modifies and limits the review of certain semiconductor (i.e., microchip) projects under the National Environmental Policy Act of 1969 (NEPA) and the National Historic Preservation Act (NHPA).First, the bill exempts from NEPA and NHPA specified semiconductor projects that receive financial assistance under the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, including semiconductor projects with (1) activities that commence by December 31, 2024; (2) federal financial assistance provided in the form of a loan or loan guarantee; or (3) federal financial assistance, excluding any loan or loan guarantee, that comprises no more than 10% of the total estimated cost of the project. Further, the bill exempts certain activities from NEPA relating to the construction, expansion, or modernization of semiconductor facilities by establishing several categorical exclusions.Next, the bill allows the Department of Commerce to serve as the lead agency for the review of a semiconductor project that receives such financial assistance but is not exempted from review under NEPA.In completing an environmental review under NEPA for semiconductor projects that receive such financial assistance, Commerce may rely on or adopt prior studies and decisions under certain circumstances.
Who sponsors S 2228?
S 2228 is sponsored by Kelly, Mark (Democratic).
What is the current status of S 2228?
This bill has been enacted into law. Introduced July 11, 2023. Enacted.
Where can I track S 2228?
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