A bill 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.
Building Chips in America Act of 2023
This 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.
Referred to the Subcommittee on Innovation, Data, and Commerce.
Measure laid before Senate by unanimous consent. (consideration: CR S6009-6010)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S6010)
Passed Senate with an amendment by Unanimous Consent. (text: CR S6010)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
Mr. Lucas moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H5603-5606)
DEBATE - The House proceeded with forty minutes of debate on S. 2228.
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.
Considered as unfinished business. (consideration: CR H5625-5626)
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)
Enacted as Public Law 118-105
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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)
Roll Call #440 (House)Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 118-105.
Became Public Law No: 118-105.