Air Permitting Improvements to Protect National Security Act of 2025

Bill Number

H.R. 6373

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2026-04-28: Placed on the Union Calendar, Calendar No. 544.

Last Updated

2026-05-01T21:26:23Z

AI-Generated Summary

Purpose

The Air Permitting Improvements to Protect National Security Act of 2025 (H.R. 6373) amends the Clean Air Act to ease air pollution permitting rules for specific facilities vital to national security, such as those producing semiconductors or processing critical minerals (like lithium or rare earths used in batteries and tech). It prioritizes faster approvals by allowing waivers or alternative emission offsets (offsets mean reducing pollution elsewhere to balance new emissions).

Key Provisions

• Presidential Waiver Authority (added to Clean Air Act Section 173(c)(3)):
• Owners/operators of new or modified advanced manufacturing facilities (semiconductor or equipment production) or critical mineral facilities (extraction, processing, refining, or milling of Interior Department-designated critical minerals) can apply for a waiver.
• The President may fully or partially waive requirements to offset increased emissions of any air pollutant if it serves U.S. national security interests.
• This decision cannot be delegated to anyone else.
• Alternative Offsets for States (new Section 173(f)):
• State permitting agencies must allow these facilities to use innovative or alternative offset methods if:
• The facility proves (annually) it has tried all reasonable ways to get offsets, used all available ones, but still lacks enough.
• Alternatives include:
• State-imposed measures to offset excess emissions.
• Or an emissions fee (no more than 1.5 times the area's average cost of pollution controls over the past 3 years), with fees used only for local emission reductions.

Significant Changes to Existing Law

• Modifies Section 173 of the Clean Air Act, which requires new or modified major pollution sources in "nonattainment areas" (areas not meeting federal air quality standards) to offset emissions.
• Introduces first-time presidential waivers for specific facilities and mandates state flexibility for alternatives, shifting from strict offset mandates to security/economic-focused exceptions.

Potential Impacts

• Government Agencies: Empowers the President in environmental decisions; burdens state agencies with evaluating alternatives/fees but streamlines approvals.
• Citizens: May speed job-creating projects but risk localized air quality declines if waivers/alternatives are used.
• Industry: Accelerates permitting for semiconductors/critical minerals, boosting U.S. supply chains amid global competition (e.g., vs. China).
• International Relations: Enhances U.S. self-reliance in strategic materials/tech, potentially reducing dependence on foreign suppliers.

Main Stakeholders Affected

• Facility Owners/Operators: Gain easier permitting and waivers.
• State Environmental Agencies: Must implement alternatives and collect/use fees.
• Federal Executive Branch: President gains non-delegable authority.
• Local Communities: Near facilities; potential air quality effects.
• Environmental/Industry Groups: Advocates for/against balancing pollution rules with security needs.

Notable Legal, Constitutional, or Political Implications

• Legal: Creates targeted exceptions to Clean Air Act's uniform permitting, potentially leading to lawsuits over "national security" definitions or waiver consistency.
• Constitutional: Reinforces presidential powers but limits delegation, addressing non-delegation doctrine concerns (rule preventing Congress from giving too much unchecked power to executives).
• Political: Frames environmental rules as potential national security barriers, likely sparking debate on economy vs. public health.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Palmer, Gary J. [R-AL-6]

Cosponsors (11)

Rep. Crenshaw, Dan [R-TX-2], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Moore, Barry [R-AL-1], Rep. Goldman, Craig A. [R-TX-12], Rep. Fedorchak, Julie [R-ND-At Large], Rep. Allen, Rick W. [R-GA-12], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Onder, Robert F. [R-MO-3], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Moolenaar, John R. [R-MI-2], Rep. Kim, Young [R-CA-40]

Recent Actions

• 2026-04-28: Placed on the Union Calendar, Calendar No. 544.
• 2026-04-28: Reported by the Committee on Energy and Commerce. H. Rept. 119-627.
• 2026-04-28: Reported by the Committee on Energy and Commerce. H. Rept. 119-627.
• 2026-01-21: Ordered to be Reported by the Yeas and Nays: 25 - 23.
• 2026-01-21: Committee Consideration and Mark-up Session Held
• 2025-12-03: Referred to the House Committee on Energy and Commerce.
• 2025-12-03: Introduced in House
• 2025-12-03: Introduced in House

Bill Versions

• Air Permitting Improvements to Protect National Security Act of 2025 — issued 2025-12-03 — PDF (4 pages)
• Air Permitting Improvements to Protect National Security Act of 2025 — issued 2026-04-28 — PDF (6 pages)