Analyst Brief April 10, 2026

H.R. 6398 — RED Tape Act

Executive Summary

H.R. 6398, the 'RED Tape Act,' amends Section 309 of the Clean Air Act to eliminate the requirement for the EPA to review and comment on environmental impact statements for federal projects already subject to the National Environmental Policy Act (NEPA). Proponents argue that this secondary EPA review is duplicative, slows down critical infrastructure and onshoring projects, and ignores the environmental expertise already developed by lead action agencies. The bill passed the Energy and Commerce Committee on a strict 23-22 party-line vote, with Republicans pushing for permitting reform and Democrats warning that sidelining the EPA removes a critical independent check on public health and safety.

Arguments For

  • Accelerates Infrastructure & Onshoring: By removing duplicative EPA reviews for projects already undergoing NEPA evaluation, the bill speeds up permitting timelines for critical energy, manufacturing, and infrastructure projects.
  • Empowers Lead Agencies: Capitalizes on the recent Supreme Court decision in Seven County by recognizing that lead action agencies have developed sufficient internal environmental expertise and do not need secondary EPA second-guessing.

Likely Supporters

RepublicansU.S. Chamber of CommerceAmerican Forest & Paper AssociationEnergy and Infrastructure Developers

Arguments Against

  • Removes Independent Oversight: Democrats and environmental groups argue that lead agencies often lack the specialized public health and air quality expertise of the EPA, making Section 309 reviews a vital independent check.
  • Compounds NEPA Rollbacks: Opponents contend that recent rollbacks to NEPA regulations make the EPA's statutory review authority more critical than ever to prevent environmental degradation.

Likely Opponents

DemocratsNatural Resources Defense Council (NRDC)Environmental NGOs

📋 Key Provisions

  • Amends Section 309 of the Clean Air Act to remove the EPA Administrator's mandate to review and comment in writing on newly authorized federal construction projects.
  • Eliminates EPA review requirements for major federal agency actions subject to NEPA (Public Law 91-190).
  • Removes the requirement for the EPA to review proposed regulations published by other federal departments or agencies.

Supporting Views on Legislation

H.R. 6398 amends Section 309 of the Clean Air Act to eliminate the requirement for the EPA to review and comment on environmental impact statements for federal projects already subject to the National Environmental Policy Act (NEPA). The Committee argues this secondary review is duplicative and unnecessary, noting that action agencies have developed their own expertise and are best equipped to evaluate environmental impacts, as supported by the recent Supreme Court decision in Seven County.

⚖️ Dissenting views on legislation

Committee on Energy and Commerce: Minority members oppose the bill, arguing it sidelines the EPA's expertise and allows major federal projects to proceed without adequate consideration of public health and safety. They contend that Section 309 is not duplicative, especially given recent rollbacks to NEPA regulations, making the EPA's independent review authority critical.

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Claim Analysis Page 3, Line 4

Establishes the short title as the 'Reducing and Eliminating Duplicative Environmental Regulations Act'.

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"Reducing and Eliminating Duplicative Environmental"

Claim Analysis Page 3, Line 16

Strikes the requirement for the EPA to review newly authorized federal projects for construction.

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"(2) newly authorized Federal projects"

Claim Analysis Page 3, Line 20

Removes the requirement to review proposed regulations published by any department or agency.

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"proposed regulations published by any"