RED Tape Act
Key claim: The RED Tape Act (HR6398) would remove the Clean Air Act requirement that EPA review and comment on federal construction projects and other major federal actions already subject to NEPA review, as well as on proposed federal regulations.
Abstract
(HR6398 · 119th Congress) Reducing and Eliminating Duplicative Environmental Regulations Act or the RED Tape Act This bill removes the requirement under the Clean Air Act that the Environmental Protection Agency (EPA) review and comment on newly authorized federal construction projects and other major federal agency actions that already require review under the National Environmental Policy Act (NEPA) and proposed federal regulations. Latest action (2026-04-17): Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Why this matters
Clean Air Act §309 gives EPA a unique cross-agency role: publicly reviewing and grading the environmental adequacy of other agencies’ NEPA analyses and proposed federal regulations, with authority to refer unsatisfactory actions to CEQ. Repealing it would remove an independent external check on federal permitting and rulemaking, accelerating projects but reducing transparency about air-quality, water, and public-health impacts. The proposal fits a broader legislative and executive pattern of consolidating or shrinking layered environmental review.