H.R. 6373

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

<DOC>

Union Calendar No. 544
119th CONGRESS
2d Session
H. R. 6373

[Report No. 119-627]

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

April 28, 2026

Additional sponsors: Mr. Crenshaw, Mr. Weber of Texas, Mr. Moore of 
Alabama, Mr. Goldman of Texas, Mrs. Fedorchak, Mr. Allen, Mr. Carter of 
Georgia, Mr. Onder, Mr. Langworthy, Mr. Moolenaar, and Mrs. Kim

April 28, 2026

Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed

_______________________________________________________________________

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).''.
Union Calendar No. 544

119th CONGRESS

2d Session

H. R. 6373

[Report No. 119-627]

_______________________________________________________________________

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.

_______________________________________________________________________

April 28, 2026

Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed