{"format":1,"id":"118-s-2228","congress":118,"number":"S. 2228","kind":"bill","group":"bills","title":"Building Chips in America Act of 2023","title_source":"Short Title(s) as Passed Senate","official_title":"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.","titles":[{"type":"Official Title as Introduced","title":"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."},{"type":"Display Title","title":"Building Chips in America Act of 2023"},{"type":"Short Titles from ENR (Enrolled) bill text","title":"Building Chips in America Act of 2023"},{"type":"Short Title(s) as Introduced","title":"Building Chips in America Act of 2023"},{"type":"Short Title(s) as Passed Senate","title":"Building Chips in America Act of 2023"}],"outcome":"became_law","law_number":"Public Law 118-105","introduced":"2023-07-11","chambers":{"house":{"status":"roll_call","date":"2024-09-23","vote":{"id":"118-2024-h440","question":"On Motion to Suspend the Rules and Pass","title":"Building Chips in America Act","result":"Passed","yea":257,"nay":125,"present":0,"not_voting":49,"source":"https://clerk.house.gov/evs/2024/roll440.xml"}},"senate":{"status":"voice","date":"2023-12-14","vote":null,"how":"unanimous_consent","words":"Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S6010)"}},"president":{"status":"signed","date":"2024-10-02"},"vice_president_tie_breaker":null,"latest_action":{"text":"Became Public Law No: 118-105.","date":"2024-10-02"},"nominees":null,"amendments":[],"other_votes":[],"crs_summary":{"date":"2024-10-02","stage":"Public Law","blocks":[{"k":"h","t":"Building Chips in America Act of 2023"},{"k":"p","t":"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)."},{"k":"p","t":"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."},{"k":"p","t":"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."},{"k":"p","t":"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."}],"words":201},"summary":{"main_subject":{"text":"Amends the semiconductor program in the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 to change how the National Environmental Policy Act of 1969 applies to projects that receive Federal financial assistance for semiconductor facilities.","cites":[{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/senate-bill/2228/text/enr#id9BA5FFBA7A014DAEA3D24C43C428C656:~:text=2.%20Semiconductor%20program"}]},"core_areas":["National Environmental Policy Act treatment of semiconductor projects receiving Federal financial assistance","Categorical exclusions for construction, expansion, and modernization of semiconductor facilities","Department of Commerce role as lead agency under the National Environmental Policy Act","Use of prior studies and decisions in environmental review"],"what_it_does":[{"text":"Provides that Federal financial assistance for a section 9902 project is not a major Federal action under NEPA, or an undertaking under division A of subtitle III of title 54, if the activity commenced by December 31, 2024, the assistance is a loan or loan guarantee, or non-loan assistance is not more than 10 percent of total estimated cost.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/senate-bill/2228/text/enr#id9BA5FFBA7A014DAEA3D24C43C428C656:~:text=2.%20Semiconductor%20program"}},{"text":"Gives the Department of Commerce the first right to serve as lead agency under NEPA for a covered activity that is a major Federal action and for which Commerce is authorized or required by law to issue an authorization or take action.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/senate-bill/2228/text/enr#id9BA5FFBA7A014DAEA3D24C43C428C656:~:text=2.%20Semiconductor%20program"}},{"text":"Establishes for the National Institute of Standards and Technology a set of categorical exclusions, taken from listed Economic Development Administration directives and regulations in titles 10, 24 and 32 of the Code of Federal Regulations, for use by the Secretary with covered activities.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/senate-bill/2228/text/enr#id9BA5FFBA7A014DAEA3D24C43C428C656:~:text=2.%20Semiconductor%20program"}},{"text":"Treats as categorically excluded from environmental assessment and environmental impact statement requirements the Secretary's financial assistance for a section 9902 project at a site the recipient owns or leases where similar work is under way or done and the facility would not more than double existing developed acreage or on-site supporting infrastructure.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/senate-bill/2228/text/enr#id9BA5FFBA7A014DAEA3D24C43C428C656:~:text=2.%20Semiconductor%20program"}},{"text":"Treats as categorically excluded the Secretary of Defense's financial assistance relating to facilities described in section 9903(a)(1) or to carrying out section 9903(b), and any activity of the Secretary relating to carrying out section 9906.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/senate-bill/2228/text/enr#id9BA5FFBA7A014DAEA3D24C43C428C656:~:text=2.%20Semiconductor%20program"}},{"text":"Allows the Secretary, in completing a NEPA review of a covered activity, to consider and, as appropriate, rely on or adopt prior Federal, State or Tribal studies and decisions when the Secretary determines that the conditions listed in the text are met.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/senate-bill/2228/text/enr#id9BA5FFBA7A014DAEA3D24C43C428C656:~:text=2.%20Semiconductor%20program"}}],"unexpected":[{"category":"selective_carve_out","items":[{"cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/senate-bill/2228/text/enr#id9BA5FFBA7A014DAEA3D24C43C428C656:~:text=2.%20Semiconductor%20program"},"heading":"Semiconductor program","effect":"Provides that Federal financial assistance for certain semiconductor projects is not a major Federal action under NEPA if the project meets any one of three conditions: activity started by December 31, 2024, assistance is a loan or loan guarantee, or non-loan assistance is at most 10 percent of project cost.","amount":null,"quote":"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.)"}]}],"version":{"type":"Enrolled Bill","date":null,"rule":"enrolled","href":"https://www.congress.gov/bill/118th-congress/senate-bill/2228/text/enr"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-09-30","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/118th-congress/senate-bill/2228","text":"https://www.congress.gov/bill/118th-congress/senate-bill/2228/text"},"card":{"image":"card/item/118-s-2228.png","v":"dbec95b0bdbf","alt":"Votes on Record. S. 2228, 118th Congress: Building Chips in America Act of 2023. House: 257 Yea, 125 Nay. Senate: unanimous consent. Outcome: Became law, 2 Oct 2024."}}