I 
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 man-
ufacturing 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Air Permitting Im-
provements to Protect National Security Act of 2025’’. 
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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 applica-
tion by the owner or operator of a new or modified ad-
vanced manufacturing facility or critical mineral facility 
(as such terms are defined in subsection (f)(2)), the Presi-
dent may waive, in whole or in part, any requirement that 
is in effect under this part for such advanced manufac-
turing 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 dele-
gate 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 sta-
tionary source that is an advanced manufacturing 
facility or a critical mineral facility to offset emis-
sions from such source by alternative or innovative 
means under the following conditions: 
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‘‘(A) The source demonstrates to the satis-
faction 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 allow-
able levels, that all available offsets are being 
used, and that sufficient offsets are not avail-
able to the source. 
‘‘(B) The source will comply with an alter-
native measure, imposed by the permitting au-
thority, designed to offset any emission in-
creases beyond permitted levels not directly off-
set by the source. In lieu of imposing any alter-
native 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 per-
mitting authority shall utilize the fees in a man-
ner that maximizes the emissions reductions in 
that area. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) ADVANCED MANUFACTURING FACIL-
ITY.—The term ‘advanced manufacturing facil-
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ity’ 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 min-
eral (as designated by the Secretary of the Inte-
rior).’’. 
Æ 
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