All Roll Calls
Yes: 257 • No: 125
118-s-2228118th Congress
Building Chips in America Act of 2023
Sponsored By: Senator Kelly, Mark [D-AZ]
Became Law
Summary
Limits NEPA review for certain federally assisted semiconductor projects. It narrows when federal loans or small federal funding shares trigger a full National Environmental Policy Act review and gives the Department of Commerce a primary NEPA role for covered activities.
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- Project developers: Federal loans or loan guarantees can be treated as not triggering NEPA major Federal action review if the activity began by December 31, 2024 or the non‑loan federal assistance is no more than 10 percent of the project's cost. This creates a narrower path for loan‑backed financing.
- Federal agencies and NIST: Commerce has the first right to serve as the lead NEPA agency for covered semiconductor actions when Commerce must authorize or act. The law also lists categorical exclusions for the National Institute of Standards and Technology, including equipment purchases and certain facility actions, for use by the Secretary.
- State, Tribal, and local planners: Agencies may rely on prior planning studies and State or Tribal analyses when those documents meet NEPA standards or are equally rigorous, reducing duplicated reviews.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Faster environmental review for chip projects
The law speeds environmental review for semiconductor facility projects that get federal help. Commerce can serve as the lead agency when it must act on a project. Agencies can use set categorical exclusions and can rely on past State, Tribal, or Federal studies that meet Commerce standards. A project is not a NEPA major Federal action when any one is true: it started by December 31, 2024; the help is a loan or loan guarantee; or non-loan federal aid is 10% or less of the total cost. These rules take effect on enactment and keep other NEPA tests in place.
Sponsors & CoSponsors
Sponsor
Kelly, Mark [D-AZ]
AZ • D
Cosponsors
Sen. Young, Todd [R-IN]
IN • R
Sponsored 7/11/2023
Sen. Hagerty, Bill [R-TN]
TN • R
Sponsored 7/11/2023
Sen. Brown, Sherrod [D-OH]
OH • D
Sponsored 7/11/2023
Rep. Sinema, Kyrsten [D-AZ-9]
AZ • D
Sponsored 7/27/2023
Sen. Budd, Ted [R-NC]
NC • R
Sponsored 7/27/2023
Roll Call Votes
house vote • 9/23/2024
On Motion to Suspend the Rules and Pass
Yes: 257 • No: 125