1. Short title This Act may be cited as the Building Chips in America Act of 2023 . 2. Semiconductor program Section 9909 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4659 ) is amended by adding at the end the following: (c) Authority relating to environmental review (1) In general Notwithstanding any other provision of law, none of the following shall be considered to be a major Federal action under NEPA or an undertaking for the purposes of division A of subtitle III of title 54, United States Code: (A) The provision by the Secretary of any Federal financial assistance for a project described in section 9902, if— (i) the covered activity described in the application for that project has commenced before the date on which the Secretary provides that assistance; (ii) the facility 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 assistance is provided for that project; and (II) on which substantially similar construction, expansion, or modernization has been carried out such that the facility would not more than double existing developed acreage or supporting infrastructure; (iii) the Secretary determines, in the sole discretion of the Secretary, that the laws and regulations governing environmental reviews in the State in which the facility that is the subject of the project is or will be located are functionally equivalent to the requirements under NEPA; (iv) the Federal financial assistance provided is in the form of a loan or loan guarantee; or (v) the Federal financial assistance provided, excluding any loan or loan guarantee, comprises less than 15 percent of the total estimated cost of the project. (B) The provision by the Secretary of Defense of any Federal financial assistance relating to— (i) the creation, expansion, or modernization of one or more facilities described in the second sentence of section 9903(a)(1)