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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 3, 2025

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

_______________________________________________________________________

                                 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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