119-HR-6398 Journalist Public Summary
119 · HR 6398 RED Tape Act
H.R. 6398 (the RED Tape Act) would scale back EPA’s Clean Air Act Section 309 role so the agency would only review proposed legislation—ending EPA’s formal, public reviews of other agencies’ proposed regulations and most federal project/environmental impact statement reviews; it was reported from the House Energy & Commerce Committee on January 21, 2026 by a 23–22 vote. Supporters call it permitting/duplication reform; opponents say it weakens Clean Air Act oversight. (congress.gov)
Headline Summary
The RED Tape Act narrows EPA’s Section 309 duties so the agency would only comment on proposed laws—dropping its formal reviews of other agencies’ proposed regulations and most environmental impact statement (EIS) reviews tied to federal projects. (congress.gov)
What It Does
Today, Section 309 requires EPA to review and publicly comment on the environmental effects of three things: proposed federal legislation, newly authorized construction/other major federal actions that trigger NEPA’s EIS requirement, and proposed regulations from other agencies. H.R. 6398 would strike the latter two categories and limit referrals to the Council on Environmental Quality to “unsatisfactory legislation.” In plain English: EPA would still weigh in on bills, but it would no longer issue Section‑309 reviews of draft EISs for federal projects or review other agencies’ proposed rules. (law.cornell.edu)
Who’s For It
- Sponsor: Rep. John Joyce (R‑PA) and House Republicans on the Energy & Commerce Committee. (congress.gov)
- Rationale they give: reduce duplicative reviews and “reform permitting under the Clean Air Act” to speed projects and energy development. (energycommerce.house.gov)
- Framing: the short title—Reducing and Eliminating Duplicative Environmental Regulations (RED Tape) Act—signals a streamlining goal. (congress.gov)
Who’s Against It
- House Energy & Commerce Committee Democrats, led by Ranking Member Frank Pallone Jr., who argue bills in this package (including H.R. 6398) would “gut” Clean Air Act protections and risk public health by weakening oversight. (democrats-energycommerce.house.gov)
- Environmental and public‑health advocates are likely to raise similar concerns because EPA’s Section‑309 EIS reviews are a public, cross‑agency check; removing them reduces a layer of transparency and leverage. (epa.gov)
What’s Next
On January 21, 2026, the House Energy & Commerce Committee voted 23–22 to report H.R. 6398 to the full House. The next step is potential House floor consideration; no floor date was listed as of January 22, 2026. (energycommerce.house.gov)
Background actions: Introduced December 3, 2025; forwarded by the Subcommittee on Environment to the full committee on December 10, 2025. (congress.gov)
Discussion