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Creates a permanent federal fee waiver for people or households that lose a covered critical document because of a Presidentially declared major disaster where individual assistance is provided. The President, working with the affected State Governor, must waive required fees for replacing those documents; the Department of State and USCIS must post public notices about the waiver, and each agency must send Congress annual reports on how many waivers were granted and the costs incurred.
Amend paragraph (2) of Section 1238(a) by replacing the phrase 'applies regardless' with 'and the requirement of the President to waive fees under paragraph (4) apply regardless' to clarify application of the provision.
Redesignate existing paragraph (4) as paragraph (8).
Create a new paragraph (4) ('Waiver'): The President, in consultation with the Governor of a State, must provide the fee waiver described in paragraph (1) to any individual or household that (A) was adversely affected by a major disaster declared under section 401 of the Stafford Act for which the President provides assistance under section 408, and (B) had a critical document described in paragraph (1) destroyed by that disaster.
Waiver availability: The Secretary of State and the Director of USCIS must publish, on the Department of State and USCIS websites respectively, a notice that the fee waivers described in paragraph (4) are available.
USCIS reporting requirement: Not later than 1 year after enactment, and annually thereafter, the Director of USCIS must submit to Congress a report covering the period that includes (A) the number of fee waivers granted under this subsection and (B) the cost to USCIS of granting those fee waivers.
Directly affected: disaster survivors who lost essential documents will face reduced financial barriers to replacing identity, immigration, or other critical documents after a qualifying major disaster. This can speed access to recovery services, housing, employment, and travel. Federal agencies (notably the Department of State and USCIS) must publish public notices and track waiver use; they will incur administrative and waiver costs and must report those costs annually to Congress. State governors play a coordination role to trigger waivers, but the legislation does not obligate States to provide funding; thus fiscal impact is primarily on federal agencies. Overall community impact is positive for individuals recovering from disasters, with modest administrative and budgetary implications for implementing agencies.
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Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced February 13, 2025 by John Wright Hickenlooper · Last progress February 13, 2025
REPLACE Act
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced in Senate