S 2228 118th Congress

Building Chips in America Act of 2023

Latest Action

Became Public Law No: 118-105.

Congress.gov

Sponsors

Sen. Kelly, Mark [D-AZ]

Sen. Kelly, Mark [D-AZ]

D — AZ

Summary

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.
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.
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). Specifically, 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. 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. A single environmental document and joint record of decision must be prepared for a semiconductor project. In completing the environmental review, Commerce may adopt a prior study or decision under certain circumstances. The bill also allows a state to assume the responsibility of an environmental review under NEPA for a semiconductor project. Finally, the bill sets a statute of limitations for certain claims under NEPA.

Vote Result

Passed 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)

Actions

2024-10-02T00:00:00

Became Public Law No: 118-105.

2024-10-02T00:00:00

Became Public Law No: 118-105.

2024-10-02T00:00:00

Signed by President.

2024-10-02T00:00:00

Signed by President.

2024-09-24T00:00:00

Presented to President.

2024-09-24T00:00:00

Presented to President.

2024-09-23T00:00:00

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

2024-09-23T00:00:00

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)

2024-09-23T00:00:00

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)

2024-09-23T00:00:00

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

2024-09-23T00:00:00

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.

2024-09-23T00:00:00

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

2024-09-23T00:00:00

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

2024-09-23T00:00:00

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

2023-12-19T00:00:00

Held at the desk.

2023-12-19T00:00:00

Received in the House.

2023-12-18T00:00:00

Message on Senate action sent to the House.

2023-12-14T00:00:00

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

2023-12-14T00:00:00

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

2023-12-14T00:00:00

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

2023-12-14T00:00:00

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

2023-12-14T00:00:00

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

2023-07-11T00:00:00

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

2023-07-11T00:00:00

Introduced in Senate

Policy Areas

Environmental Protection

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