15 U.S.C. § 4659 — Additional authorities

Page 2152 TITLE 15—COMMERCE AND TRADE § 4657 1 So in original. Probably should be followed by a period. turing. The Secretary of Commerce may award finan- cial assistance to any Manufacturing USA Institute for work relating to semiconductor manufacturing.’’ for ‘‘is focused on semiconductor manufacturing.’’, and ‘‘Such institutes may emphasize’’ for ‘‘Such institute may emphasize’’. Subsec. (h). Pub. L. 117–167, § 103(c)(5), added subsec. (h). § 4657. Prohibition relating to foreign entities of concern None of the funds authorized to be appro- priated to carry out this chapter may be pro- vided to a foreign entity of concern. (Pub. L. 116–283, div. H, title XCIX, § 9907, Jan. 1, 2021, 134 Stat. 4860.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’ and was translated as reading ‘‘this title’’, meaning title XCIX of div. H of Pub. L. 116–283, to reflect the probable intent of Congress. § 4658. Defense Production Act of 1950 efforts (a) In general Not later than 180 days after January 1, 2021, the President shall submit to Congress a report on a plan of action for any use of authorities available in title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish or enhance a domestic production capability for microelectronics technologies and related tech- nologies, subject to— (1) the availability of appropriations for that purpose; and (2) a determination made under the plan pur- suant to such title III that such technologies are essential to the national defense and that domestic industrial capabilities are insuffi- cient to meet these needs. (b) Coordination The President shall develop the plan of action required by subsection (a) in consultation with any relevant head of a Federal agency, an advi- sory committee established under section 708(d) of the Defense Production Act of 1950 (50 U.S.C. 4558(d)), and appropriate stakeholders in the pri- vate sector. (Pub. L. 116–283, div. H, title XCIX, § 9908, Jan. 1, 2021, 134 Stat. 4860.) Editorial Notes REFERENCES IN TEXT The Defense Production Act of 1950, referred to in subsec. (a), is act Sept. 8, 1950, ch. 932, 64 Stat. 798, which is classified principally to chapter 55 (§ 4501 et seq.) of Title 50, War and National Defense. Title III of the Act is classified generally to subchapter II (§ 4531 et seq.) of chapter 55. For complete classification of this Act to the Code, see section 4501 of Title 50 and Tables. § 4659. Additional authorities (a) In general In carrying out the responsibilities of the De- partment of Commerce under this chapter, the Secretary may— (1) enter into agreements, including con- tracts, grants and cooperative agreements, and other transactions as may be necessary and on such terms as the Secretary considers appropriate; (2) make advance payments under agree- ments and other transactions authorized under paragraph (1) without regard to section 3324 of title 31; (3) require a person or other entity to make payments to the Department of Commerce upon application and as a condition for receiv- ing support through an award of assistance or other transaction; (4) procure temporary and intermittent serv- ices of experts and consultants in accordance with section 3109 of title 5; (5) notwithstanding section 3104 of title 5 or the provisions of any other law relating to the appointment, number, classification, or com- pensation of employees, make appointments of scientific, engineering, and professional per- sonnel, and fix the basic pay of such personnel at a rate to be determined by the Secretary at rates not in excess of the highest total annual compensation payable at the rate determined under section 104 of title 3, except that the Secretary shall appoint not more than 25 per- sonnel under this paragraph; (6) with the consent of another Federal agen- cy, enter into an agreement with that Federal agency to use, with or without reimburse- ment, any service, equipment, personnel, or facility of that Federal agency; and (7) establish such rules, regulations, and pro- cedures as the Secretary considers appro- priate. (b) Requirement Any funds received from a payment made by a person or entity pursuant to subsection (a)(3) shall be credited to and merged with the ac- count from which support to the person or enti- ty was made 1 (c) Lead Federal agency and cooperating agen- cies (1) Definition In this subsection, the term ‘‘lead agency’’ has the meaning given the term in section 111 of NEPA (42 U.S.C. 4336e). (2) Option to serve as lead agency With respect to a covered activity that is a major Federal action under NEPA, and with respect to which the Department of Commerce is authorized or required by law to issue an au- thorization or take action for or relating to that covered activity, the Department of Com- merce shall have the first right to serve as the lead agency with respect to that covered ac- tivity under NEPA. (d) Categorical exclusions (1) Establishment of categorical exclusions Each of the following categorical exclusions is established for the National Institute of Standards and Technology with respect to a covered activity and, beginning on October 2, 2024, is available for use by the Secretary with respect to a covered activity: (A) Categorical exclusion 17.04.d (relating to the acquisition of machinery and equip- Page 2153 TITLE 15—COMMERCE AND TRADE § 4659 ment) in the document entitled ‘‘EDA Pro- gram to Implement the National Environ- mental Policy Act of 1969 and Other Federal Environmental Mandates As Required’’ (Di- rective No. 17.02–2; effective date October 14, 1992). (B) Categorical exclusion A9 in Appendix A to subpart D of part 1021 of title 10, Code of Federal Regulations, or any successor regu- lation. (C) Categorical exclusions B1.24, B1.31, B2.5, and B5.1 in Appendix B to subpart D of part 1021 of title 10, Code of Federal Regula- tions, or any successor regulation. (D) The categorical exclusions described in paragraphs (4) and (13) of section 50.19(b) of title 24, Code of Federal Regulations, or any successor regulation. (E) Categorical exclusion (c)(1) in Appen- dix B to part 651 of title 32, Code of Federal Regulations, or any successor regulation. (F) Categorical exclusions A2.3.8 and A2.3.14 in Appendix B to part 989 of title 32, Code of Federal Regulations, or any suc- cessor regulation. (2) Additional categorical exclusions Notwithstanding any other provision of law, each of the following shall be treated as a cat- egory of action categorically excluded from the requirements relating to environmental assessments and environmental impact state- ments under section 1501.4 of title 40, Code of Federal Regulations, or any successor regula- tion: (A) The provision by the Secretary of any Federal financial assistance for a project de- scribed in section 4652 of this title, if the fa- cility that is the subject of the project is on or adjacent to a site— (i) that is owned or leased by the covered entity to which Federal financial assist- ance is provided for that project; and (ii) on which, as of the date on which the Secretary provides that Federal financial assistance, substantially similar construc- tion, expansion, or modernization is being or has been carried out, such that the fa- cility would not more than double existing developed acreage or on-site supporting in- frastructure. (B) The provision by the Secretary of De- fense of any Federal financial assistance re- lating to— (i) the creation, expansion, or mod- ernization of one or more facilities de- scribed in the second sentence of section 4653(a)(1) of this title; or (ii) carrying out section 4653(b) of this title, as in effect on October 2, 2024. (C) Any activity undertaken by the Sec- retary relating to carrying out section 4656 of this title, as in effect on October 2, 2024. (e) Incorporation of prior planning decisions (1) Definition In this subsection, the term ‘‘prior studies and decisions’’ means baseline data, planning documents, studies, analyses, decisions, and documentation that a Federal agency has completed for a project (or that have been completed under the laws and procedures of a State or Indian Tribe), including for deter- mining the reasonable range of alternatives for that project. (2) Reliance on prior studies and decisions In completing an environmental review under NEPA for a covered activity, the Sec- retary may consider and, as appropriate, rely on or adopt prior studies and decisions, if the Secretary determines that— (A) those prior studies and decisions meet the standards for an adequate statement, as- sessment, or determination under applicable procedures of the Department of Commerce implementing the requirements of NEPA; (B) in the case of prior studies and deci- sions completed under the laws and proce- dures of a State or Indian Tribe, those laws and procedures are of equal or greater rigor than those of each applicable Federal law, including NEPA, implementing procedures of the Department of Commerce; or (C) if applicable, the prior studies and deci- sions are informed by other analysis or docu- mentation that would have been prepared if the prior studies and decisions were prepared by the Secretary under NEPA. (f) Definitions In this section: (1) Covered activity The term ‘‘covered activity’’ means any ac- tivity relating to the construction, expansion, or modernization of a facility, the investment in which is eligible for Federal financial as- sistance under section 4652 or 4656 of this title. (2) NEPA The term ‘‘NEPA’’ means the National Envi- ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (Pub. L. 116–283, div. H, title XCIX, § 9909, as added Pub. L. 117–167, div. A, § 103(d), Aug. 9, 2022, 136 Stat. 1389; amended Pub. L. 118–105, § 2(2), Oct. 2, 2024, 138 Stat. 1588.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this division’’ and was translated as reading ‘‘this title’’, meaning title XCIX of div. H of Pub. L. 116–283, to reflect the probable intent of Congress. The National Environmental Policy Act of 1969, re- ferred to in subsec. (f)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2024—Subsecs. (c) to (f). Pub. L. 118–105 added subsecs. (c) to (f). CHAPTER 73—EXPORT ENHANCEMENT SUBCHAPTER I—FAIR TRADE IN AUTO PARTS Sec. 4701 to 4704. Omitted. SUBCHAPTER I–A—FAIR TRADE IN AUTOMOTIVE PARTS 4705 to 4705c. Omitted.