H.R.315 - To waive certain provisions in the case of an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (119th Congress)
Summary
H.R.315 proposes to waive certain provisions of chapter 83 of title 41, United States Code, for specific territories (Puerto Rico, District of Columbia, American Samoa, and the Virgin Islands) during emergencies declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. This waiver would apply to purchases and contracts issued by these territories during such emergencies.
The bill aims to expedite disaster relief efforts by removing bureaucratic hurdles related to procurement processes.
Mrs. Radewagen introduced the bill in the House of Representatives, and it was referred to the Committee on Transportation and Infrastructure.
Expected Effects
The likely effect of H.R. 315 is to streamline the procurement process for disaster relief in Puerto Rico, the District of Columbia, American Samoa, and the Virgin Islands during declared emergencies. This could lead to faster distribution of resources and more efficient response efforts.
By waiving certain provisions, the bill could also potentially increase the risk of fraud or misuse of funds, although the intent is to expedite aid.
The territories would have more autonomy in their purchasing decisions during emergencies.
Potential Benefits
- Faster Disaster Response: Waiving provisions could speed up the procurement of essential goods and services during emergencies.
- Increased Local Control: The territories would have more flexibility in making purchasing decisions.
- Reduced Bureaucratic Delays: Removing certain requirements could reduce administrative burdens and delays.
- Potential Cost Savings: Streamlined processes might lead to cost efficiencies in some cases.
- Improved Resource Allocation: Resources could be allocated more quickly and efficiently to address immediate needs.
Potential Disadvantages
- Increased Risk of Fraud: Waiving provisions could increase the potential for fraud, waste, and abuse of funds.
- Reduced Oversight: Less stringent requirements might lead to reduced oversight and accountability.
- Potential for Inefficient Spending: Without standard procurement processes, there could be a risk of inefficient spending.
- Unfair Competition: Local businesses might be unfairly disadvantaged if standard procurement rules are waived.
- Lack of Transparency: Reduced transparency in procurement could erode public trust.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the constitutional principle of providing for the general welfare, as it aims to improve disaster response. Congress has the power to make laws necessary and proper for carrying into execution the powers vested by the Constitution (Article I, Section 8). The bill addresses emergency situations, which fall under the umbrella of ensuring domestic tranquility and providing for the common defense and general welfare.
However, the waiver of certain provisions could raise concerns about equal protection under the law if it disproportionately benefits or harms specific territories without a clear justification. The bill does not appear to infringe on any specific individual rights or liberties outlined in the Bill of Rights.
Further review would be needed to ensure that the waiver does not violate any other constitutional provisions or principles.
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).