; and (2) in section 9909 ( 15 U.S.C. 4659 ), by adding at the end the following: (c) Lead Federal agency and cooperating agencies (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 authorization or take action for or relating to that covered activity, the Department of Commerce shall have the first right to serve as the lead agency with respect to that covered activity 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 the date of enactment of this subsection, 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 equipment) in the document entitled EDA Program to Implement the National Environmental Policy Act of 1969 and Other Federal Environmental Mandates As Required (Directive No. 17.02–2