Constitution Index · H.R. 1491 · 2025-02-21
Disaster Related Extension of Deadlines Act
Latest official status (2025-12-26): Became Public Law No: 119-64.
Constitutional grade
A
Constitutional
This bill is fully constitutional. It adjusts tax refund deadlines and IRS notice timing to account for disaster-related postponements, operating entirely within Congress's enumerated taxing power under Article I, Section 8, Clause 1. It does not infringe any Bill of Rights protections, restrict individual sovereignty, consolidate power upward, or violate due process or takings protections.
Article I, Section 8, Clause 1 Amendment X Amendment V
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has explicit constitutional authority to 'lay and collect Taxes, Duties, Imposts and Excises' under Article I, Section 8, Clause 1. This bill merely adjusts procedural deadlines for tax refunds and IRS notices in the context of federally declared disasters, which is a straightforward exercise of that enumerated power. No overreach into areas reserved to the states under the Tenth Amendment occurs.
Bill of Rights · passes
The bill does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, fair trial, jury rights, cruel and unusual punishment, unenumerated rights, or reserved powers. It solely concerns tax refund deadlines and IRS notice timing, which implicates none of the first ten amendments.
Individual liberty · passes
The bill expands individual taxpayers' ability to claim refunds by ensuring that disaster-related deadline postponements count toward the lookback period. This does not restrict what a person can do with their own person, property, speech, labor, or belief. Instead, it provides relief from potential forfeiture of refunds due to timing technicalities, thereby protecting rather than restricting individual sovereignty.
Decentralization · passes
The bill passes all four questions of the decentralization test. (1) An individual or family cannot independently adjust federal tax refund deadlines, as this requires federal statutory change. (2) A local community or county cannot handle federal tax refund rules. (3) A state cannot handle federal tax refund rules. (4) The action does not consolidate decision-making upward beyond the minimum necessary; federal tax law is inherently federal, and this bill merely clarifies existing federal procedures. The Tenth Amendment is not violated because the bill operates within Congress's enumerated taxing power.
Due process and takings · passes
The bill enhances due process by ensuring that taxpayers affected by disasters are not deprived of refunds they would otherwise be entitled to, simply because of a technical mismatch between postponement and lookback periods. It does not bypass fair notice, fair hearing, or the presumption of innocence. It does not take private property without just compensation; rather, it preserves taxpayers' ability to recover overpaid taxes. The Fifth Amendment's Due Process and Takings Clauses are fully respected.
Provenance
- Congress.gov: HR 1491 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #452 | 2026-10-10 | vfa-constitutional-grade/1.0 | e4667e729c9b | current |
Cite this
Values for America. “Constitutional grade: H.R. 1491, Disaster Related Extension of Deadlines Act.” VFA Constitution Index, grade 452 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/452. Accessed 2026-10-20.
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