H.R.1338 - Replacing Essential Passports and Licenses After Certain Emergencies Act; REPLACE Act (119th Congress)
Summary
H.R.1338, the REPLACE Act, aims to amend the Disaster Recovery Reform Act of 2018. It mandates the President to automatically waive fees for replacing critical documents (like passports and licenses) for individuals and households affected by major disasters. This assistance is specifically targeted to those receiving aid under the Individuals and Households Program.
The bill also requires the Secretary of State and the Director of USCIS to publicize the availability of these fee waivers. Furthermore, it mandates annual reports to Congress on the number and cost of waivers granted by both the Department of State and USCIS.
Introduced in the House of Representatives by Mr. Neguse and Ms. Maloy, the bill was referred to the Committee on Transportation and Infrastructure.
Expected Effects
The REPLACE Act will likely streamline the process for disaster victims to replace essential documents. This will reduce the financial burden on affected individuals and families during recovery. It will also increase administrative reporting requirements for the Department of State and USCIS.
By making fee waivers automatic, the bill aims to reduce bureaucratic hurdles and ensure quicker access to necessary documents. This could lead to faster recovery times for individuals affected by major disasters.
The annual reports will provide Congress with data to assess the program's effectiveness and cost.
Potential Benefits
- Reduced Financial Burden: Waiving fees for replacing critical documents alleviates financial strain on disaster victims.
- Streamlined Process: Automatic waivers simplify the application process, making it easier for individuals to obtain replacements.
- Faster Recovery: Expedited document replacement can accelerate the overall recovery process for affected individuals and households.
- Increased Awareness: Public notices from the Department of State and USCIS will inform individuals about the availability of fee waivers.
- Improved Data Collection: Annual reports to Congress will provide valuable data for program evaluation and potential improvements.
Potential Disadvantages
- Increased Administrative Costs: The Department of State and USCIS will incur costs related to processing and waiving fees, as well as preparing annual reports.
- Potential for Fraud: Automatic waivers could create opportunities for fraudulent claims, requiring robust verification measures.
- Unclear Definition of 'Critical Document': The bill relies on the existing definition in the Disaster Recovery Reform Act, which may be subject to interpretation and potential disputes.
- Limited Scope: The bill only applies to individuals and households receiving assistance under the Individuals and Households Program, potentially excluding others in need.
- Federal Government Burden: The cost of the waivers is borne by the federal government, potentially impacting other budgetary priorities.
Constitutional Alignment
The REPLACE Act appears to align with the Constitution's general welfare clause (Preamble). It aims to provide assistance to citizens affected by disasters. Congress's power to legislate in this area stems from its authority to provide for the general welfare of the United States.
Furthermore, the bill does not appear to infringe upon any specific constitutional rights or limitations. The reporting requirements imposed on the Department of State and USCIS are within Congress's oversight authority.
However, the Act's reliance on executive action (Presidential waiver) requires careful consideration to ensure it does not unduly expand executive power at the expense of legislative authority (Article I, Section 1).
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).