REPLACE Act
- Bill Number
- H.R. 1338
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Emergency Management
- Status
- Introduced
- Latest Action
- 2025-02-13: Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
- Last Updated
- 2026-03-04T15:33:56Z
AI-Generated Summary
Purpose of the Legislation
The REPLACE Act (H.R. 1338) aims to support disaster survivors by mandating automatic fee waivers for replacing essential documents, such as passports and driver's licenses, that are lost or destroyed in major disasters. It builds on existing federal disaster aid to reduce financial barriers to recovery for individuals and households.
Key Provisions
- Mandatory Fee Waivers: The President, in consultation with the state governor, must automatically waive fees for critical documents (e.g., passports, birth certificates, or licenses) destroyed in a major disaster where federal assistance is provided through the Individuals and Households Program (IHP) under the Stafford Act.
- Public Notification: The Department of State and U.S. Citizenship and Immigration Services (USCIS) must post notices about these fee waivers on their public websites to inform eligible individuals.
- Annual Reporting Requirements:
- USCIS Director must submit yearly reports to Congress detailing the number of waivers granted and the associated costs to the agency.
- Secretary of State must submit similar yearly reports on waivers for passports and related documents, including costs to the Department of State.
- Scope: Applies only to major disasters declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, where IHP aid (temporary housing, repairs, or other personal assistance) is provided.
Significant Changes to Existing Law
This bill amends Section 1238(a) of the Disaster Recovery Reform Act of 2018 (part of federal disaster recovery laws):
- Expands existing fee waiver authority to make it automatic and mandatory for qualifying disasters, rather than optional or case-by-case.
- Adds new paragraphs (4) through (7) for waivers, public notices, and reporting; redesignates the prior paragraph (4) as (8) to accommodate these insertions.
- Integrates the waiver into broader non-duplication rules for disaster aid, ensuring fees are waived regardless of other assistance sources.
These changes shift from discretionary practices to required actions, streamlining access without needing individual applications for waivers.
Potential Impacts
- On Citizens: Reduces out-of-pocket costs for replacing vital documents, speeding up recovery (e.g., obtaining IDs for jobs, travel, or benefits). This could particularly help low-income or vulnerable households in disaster zones.
- On Government Agencies: Imposes administrative duties on the President (via FEMA), Department of State, and USCIS, including coordination with governors and annual reporting. Agencies may face increased costs from waived fees, which must be tracked and reported to Congress for budgeting.
- On International Relations: Minimal direct impact, though passport waivers could indirectly aid U.S. citizens needing to travel abroad for recovery or relocation post-disaster.
- Broader Effects: Enhances equity in disaster response by addressing a common barrier (document replacement fees, often $50–$200 per item), potentially reducing reliance on other aid programs.
Main Stakeholders Affected
- Individuals and Households: Primary beneficiaries—disaster survivors who lost critical documents and qualify for IHP aid.
- State Governments: Governors must consult with the President on waivers, affecting state-level disaster coordination.
- Federal Agencies: FEMA (under the President) for implementation; Department of State for passports; USCIS for immigration-related documents; Congress for oversight via reports.
- Document Issuers: State and local agencies issuing driver's licenses or birth certificates may see indirect benefits from federal waivers reducing survivor burdens.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens the Stafford Act's framework by embedding automatic waivers into disaster law, potentially setting a precedent for mandatory relief in future amendments. No challenges to separation of powers, as it directs executive action with congressional reporting.
- Constitutional: Aligns with the federal government's Spending Clause authority to condition aid and promote general welfare; avoids federalism issues by requiring state consultation.
- Political: Promotes bipartisan disaster preparedness (introduced by representatives from different parties), but could spark debates on federal spending amid annual cost reports. May influence future budgets for agencies like USCIS, highlighting fiscal trade-offs in humanitarian aid.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Maloy, Celeste [R-UT-2], Rep. Nunn, Zachary [R-IA-3]
Recent Actions
- 2025-02-13: Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
- 2025-02-13: Referred to the House Committee on Transportation and Infrastructure.
- 2025-02-13: Introduced in House
- 2025-02-13: Introduced in House
Bill Versions
- Replacing Essential Passports and Licenses After Certain Emergencies Act — issued 2025-02-13 — PDF (4 pages)