Air Permitting Improvements to Protect National Security Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6373 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 6373

To amend the Clean Air Act to establish authority for the President to 
   waive the requirement for an advanced manufacturing facility or a 
  critical mineral facility to offset increased emissions of any air 
                   pollutant, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                            December 3, 2025

  Mr. Palmer introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

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                                 A BILL


 
To amend the Clean Air Act to establish authority for the President to 
   waive the requirement for an advanced manufacturing facility or a 
  critical mineral facility to offset increased emissions of any air 
                   pollutant, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Permitting Improvements to 
Protect National Security Act of 2025''.

SEC. 2. SUPPORTING CRITICAL MANUFACTURING.

    Section 173 of the Clean Air Act (42 U.S.C. 7503) is amended--
            (1) in subsection (c), by adding at the end the following:
    ``(3) National Security Waiver.--Upon application by the owner or 
operator of a new or modified advanced manufacturing facility or 
critical mineral facility (as such terms are defined in subsection 
(f)(2)), the President may waive, in whole or in part, any requirement 
that is in effect under this part for such advanced manufacturing 
facility or critical mineral facility to offset increased emissions of 
any air pollutant if the President determines it is in the national 
security interests of the United States to waive such requirement. The 
President may not delegate such a determination to any other person.''; 
and
            (2) by adding at the end the following:
    ``(f) Alternative Requirements for Advanced Manufacturing 
Facilities and Critical Mineral Facilities.--
            ``(1) In general.--The permitting authority of a State 
        shall allow a new or modified major stationary source that is 
        an advanced manufacturing facility or a critical mineral 
        facility to offset emissions from such source by alternative or 
        innovative means under the following conditions:
                    ``(A) The source demonstrates to the satisfaction 
                of the permitting authority of the State that it has 
                used all reasonable means to obtain and utilize 
                offsets, as determined on an annual basis, for the 
                emissions increases beyond allowable levels, that all 
                available offsets are being used, and that sufficient 
                offsets are not available to the source.
                    ``(B) The source will comply with an alternative 
                measure, imposed by the permitting authority, designed 
                to offset any emission increases beyond permitted 
                levels not directly offset by the source. In lieu of 
                imposing any alternative offset measures, the 
                permitting authority may impose an emissions fee to be 
                paid to such authority of a State which shall be an 
                amount no greater than 1.5 times the average cost of 
                stationary source control measures adopted in that area 
                during the previous 3 years. The permitting authority 
                shall utilize the fees in a manner that maximizes the 
                emissions reductions in that area.
            ``(2) Definitions.--In this subsection:
                    ``(A) Advanced manufacturing facility.--The term 
                `advanced manufacturing facility' means a facility the 
                primary purpose of which is the manufacturing of 
                semiconductors or semiconductor manufacturing 
                equipment.
                    ``(B) Critical mineral facility.--The term 
                `critical mineral facility' means a facility primary 
                purpose of which is the extraction, processing, 
                refining, or milling of a critical mineral (as 
                designated by the Secretary of the Interior).''.
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