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Building Chips in America Act of 2023

Public Law 118-105 · S. 2228 · 118th Congress · began in the Senate

Signed by Joe Biden (D) on Oct 2, 2024 · Environmental Protection

Sponsor: Sen. Mark Kelly (D-AZ)

Cosponsors (5): Sen. Todd Young,

Passage votesYeaNay

  • HouseRecorded vote: 257 yea, 125 nay257–125
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

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.

Who voted for it

Every House member of the 118th Congress on the ideology compass. Highlighted: the 257 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

257 yea125 nay49 present or did not vote

ProEstablishmentAnti
Economic left–right
More liberalMore conservative

Democrats who voted yea(79)

Republicans who voted yea(178)

Data notes

The House’s recorded vote on the final version of the law (roll call 1158 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

1 bill the Library of Congress relates to this one.

  • H.R. 4549Identical bill

    Building Chips in America Act of 2023

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 18 actions.

  1. Oct 2, 2024Became lawBecame law · Became Public Law No: 118-105.
  2. Became lawBecame law · Signed by President.
  3. Sep 24, 2024FloorFloor · Presented to President.
  4. Sep 23, 2024FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  5. FloorFloor · 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).House roll call 440
  6. FloorFloor · Considered as unfinished business.
  7. FloorFloor · 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.
  8. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on S. 2228.
  9. FloorFloor · Considered under suspension of the rules.
  10. FloorFloor · Mr. Lucas moved to suspend the rules and pass the bill.
  11. Dec 19, 2023FloorFloor · Held at the desk.
  12. FloorFloor · Received in the House.
  13. Dec 18, 2023FloorFloor · Message on Senate action sent to the House.
  14. Dec 14, 2023FloorFloor · Passed Senate with an amendment by Unanimous Consent.
  15. FloorFloor · Measure laid before Senate by unanimous consent.
  16. CommitteeCommittee · Senate Committee on Environment and Public Works discharged by Unanimous Consent.
  17. Jul 11, 2023CommitteeCommittee · Read twice and referred to the Committee on Environment and Public Works.
  18. IntroducedIntroduced · Introduced in Senate
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

1 amendment offered to the bill, with the last recorded step of each.

  • S.Amdt. 1378SenateSen. Mark KellyD-AZ· offered Dec 14, 2023Agreed to

    In the nature of a substitute.

    Dec 14, 2023: Amendment SA 1378 agreed to in Senate by Unanimous Consent.

    Agreed to
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.