PolicyBrief
H.R. 1338
119th CongressFeb 13th 2025
REPLACE Act
IN COMMITTEE

The REPLACE Act mandates the President to waive fees for individuals needing to replace critical documents lost in a major disaster, and requires the State Department and USCIS to report on these waivers.

Joe Neguse
D

Joe Neguse

Representative

CO-2

LEGISLATION

REPLACE Act Eliminates Fees for Replacing Vital Docs After Major Disasters, Starting Immediately

The "Replacing Essential Passports and Licenses After Certain Emergencies Act," or REPLACE Act, changes how the federal government handles replacing important documents after major disasters. Instead of folks having to pay to replace things like passports, green cards, and other critical IDs destroyed in a federally-declared disaster, the REPLACE Act waives those fees.

Disaster Relief Just Got Real...and Cheaper

The core of the bill amends the Disaster Recovery Reform Act of 2018. Now, when the President declares a major disaster and offers assistance to individuals and households, fees must be waived for replacing critical documents lost or destroyed in the disaster (SEC. 2). Think: a hurricane wipes out your home, taking your passport and green card with it. Normally, you'd be facing fees to get those replaced. Under the REPLACE Act, those fees are gone. This applies as long as the President has authorized individual and household assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

Real-World Rollout

  • Who's affected? Anyone in an area declared a major disaster by the President, where federal assistance to individuals and households is approved, and who had a "critical document" destroyed.
  • What documents? While the bill doesn't list every single document, it specifically targets those issued by the Department of State (like passports) and USCIS (like green cards). It's safe to assume this covers IDs essential for proving identity and legal status.
  • How does it work? The President, after talking with the state's Governor, has to waive the fees. The Secretary of State and the Director of USCIS must put notices on their websites about these waivers. So, no hidden hoops to jump through – the information should be readily available.

Keeping it Transparent

The REPLACE Act also requires annual reports to Congress (SEC. 2). These reports have to include the number of fee waivers granted and how much it cost USCIS and the Department of State. The first report is due one year after the bill becomes law. This is a good move for transparency – it lets everyone see how often these waivers are used and the financial impact on the agencies.

The Bottom Line

This is a straightforward bill with a clear, positive impact. It directly addresses a practical problem: the cost of replacing essential documents after a disaster. By removing those fees, the REPLACE Act eases the financial burden on people already dealing with significant loss. For a family that's lost everything, not having to shell out hundreds of dollars for new IDs can make a real difference in getting back on their feet. The requirement for public notices and annual reports also ensures that the program is implemented transparently and that its impact is tracked over time.