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              Congressional
          ~ Research Service






Community Disaster Loans: Policy Issues and

Potential Options for the 116th Congress



April  24, 2019


The Community  Disaster Loan (CDL) program was developed to help local governments manage tax and
other revenue shortages following a disaster. Administered by the Federal Emergency Management
Agency (FEMA),  CDLs provide financial liquidity to local governments through a structured loan that
may be converted to grants when certain financial conditions are met. CDLs are codified in Section 417
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §5184, as amended).
Modified non-traditional CDL programs were developed in response to Hurricanes Rita and Katrina in
2005, and CDL-type programs for Puerto Rico and the U.S. Virgin Islands (USVI) were developed
following 2017's Hurricanes Harvey, Irma, and Maria.
This Insight provides an overview of traditional and non-traditional CDLs and the policy issues they may
raise in the 116th Congress, particularly with regard to CDL-type instruments developed for Puerto Rico
and USVI. The CDL program may be of interest to Congress given observed increases in frequency and
severity of disaster events and apparent congressional interest in oversight issues related to federal
disaster response in Puerto Rico and USVI.


Overview of Traditional CDLs

CDLs  were first authorized in the Disaster Relief Act of 1974 (P.L. 93-288) but are defined and
established in the Stafford Act (which amended the Disaster Relief Act) to help local governments
manage acute tax and other revenue loss after a disaster, which could inhibit their ability to adequately
serve their communities during recovery. To qualify for a traditional CDL, an applicant must be located in
a presidentially declared disaster area; show substantial loss (greater than 50%) of tax and other revenues;
not be in arrears on any other previous CDL loans; and be permitted to take federal loans under their
respective state law. CDLs are statutorily capped at $5 million (P.L. 106-390); and are structured around
underwriting criteria that account for estimated revenue losses, the local government's annual operating
budget, and a disaster's economic effects. CDLs are five-year loans, extendable to 10 years at FEMA's
discretion (44 C.F.R §206.367(c)), with interest rates determined by the Treasury Secretary. FEMA also
issues guidance on how a CDL can be canceled, which involves submitting evidence of disaster-related
operating deficits and associated revenue analyses to FEMA.
                                                               Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                    IN11106

CRS INSIGHT
Prepared for Members and
Committees of Congress

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