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42 U.S.C. § 5184 — Community disaster loans

submitted 52 years ago by Pub. L. 93-288 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 283 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President may lend money to a local government that may lose a substantial amount of tax and other revenue because of a major disaster and has shown that it needs financial help to perform its government functions. The loan amount depends on need and is subject to the limits below. Loans do not reduce other assistance under this chapter.

The President may lend money to a local government that may lose a substantial amount of tax and other revenue because of a major disaster and has shown that it needs financial help to perform its government functions. The loan amount depends on need and is subject to the limits below. Loans do not reduce other assistance under this chapter.

(a) In general. The President may make the described loans.

(b) Amount. A loan must be based on need and may not exceed—

(1) 25 percent of the local government’s annual operating budget for the fiscal year in which the disaster occurs, and it may not exceed $5,000,000; or

(2) if the disaster caused the local government to lose at least 75 percent of that annual operating budget in tax and other revenue, 50 percent of that annual operating budget, and it may not exceed $5,000,000.

(c) Repayment.

(1) Cancellation. Repayment of all or part of the loan must be canceled to the extent that the local government’s revenue during the three full fiscal years after the disaster is not enough to meet its operating budget, including additional disaster-related expenses of a municipal-operating nature.

(2) Condition on continuing eligibility. A local government cannot receive more help under this section during any period when it is behind on a required repayment of a loan under this section.

(d) Effect on other assistance. A loan under this section does not reduce or otherwise affect grants or other assistance under this chapter.

This section does not define “substantial loss,” “need,” “major disaster,” or “municipal operation character.”

the actual law source: uscode.house.gov ↗public domain
(a) In general

The President is authorized to make loans to any local government which may suffer a substantial loss of tax and other revenues as a result of a major disaster, and has demonstrated a need for financial assistance in order to perform its governmental functions.

(b) Amount

The amount of any such loan shall be based on need, shall not exceed—

(1)

25 percent of the annual operating budget of that local government for the fiscal year in which the major disaster occurs, and shall not exceed $5,000,000; or

(2)

if the loss of tax and other revenues of the local government as a result of the major disaster is at least 75 percent of the annual operating budget of that local government for the fiscal year in which the major disaster occurs, 50 percent of the annual operating budget of that local government for the fiscal year in which the major disaster occurs, and shall not exceed $5,000,000.

(c) Repayment
(1) Cancellation

Repayment of all or any part of such loan to the extent that revenues of the local government during the three full fiscal year period following the major disaster are insufficient to meet the operating budget of the local government, including additional disaster-related expenses of a municipal operation character shall be cancelled.

(2) Condition on continuing eligibility

A local government shall not be eligible for further assistance under this section during any period in which the local government is in arrears with respect to a required repayment of a loan under this section.

(d) Effect on other assistance

Any loans made under this section shall not reduce or otherwise affect any grants or other assistance under this chapter.

Source credit: (Pub. L. 93–288, title IV, § 417, formerly § 414(a), (b), May 22, 1974, 88 Stat. 158; renumbered § 417, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705; Pub. L. 106–390, title II, § 207, Oct. 30, 2000, 114 Stat. 1571; Pub. L. 109–347, title VI, § 608, Oct. 13, 2006, 120 Stat. 1942.)

history & why it existsrecord from the source credit
  • 1974Enacted · Pub. L. 93-288 · 88 Stat. 158
  • 1988Amended · Pub. L. 100-707 · 102 Stat. 4705
  • 2000Amended · Pub. L. 106-390 · 114 Stat. 1571
  • 2006Amended · Pub. L. 109-347 · 120 Stat. 1942

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-288 on 1974-05-22.

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