Jared T. Brown
Analyst in Emergency
Management and Homeland Security Policy
The core purpose of
the Community Disaster Loan (CDL) program is to provide financial assistance
to local governments that are having difficulty providing government services
because of a loss in tax or other revenue following a disaster. The
program assists local governments by offering federal loans to compensate
for this temporary or permanent loss in local revenue. The CDL program is
managed by the Federal Emergency Management Agency (FEMA). First authorized
in the Disaster Relief Act of 1974 (P.L. 93-288), the Community Disaster Loan program
is currently codified in Section 417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. §5184, as amended). The program is funded through the Disaster
Assistance Direct Loan Program account, rather than the Disaster Relief Fund
(DRF) that funds the majority of other Stafford Act programs. In sum, 249
loans were issued to 200 local governments under 26 different disaster
declarations from 1974 to 2010. An approximate total of $1,615 million in
principal was offered to these governments in loans, of which roughly $1,326 million
was borrowed by the governments. Through the program, FEMA may also cancel the repayment
of the loans if certain financial conditions prevailed after the three fiscal
years following the disaster. Through its cancellation authority, FEMA has
forgiven approximately $879 million of the $1,326 million in principal
advanced to local governments since program inception.
This report compares and analyzes three different categories of loans issued in
different time periods in the program’s history: “traditional” loans
issued between 1974-2005, in 2007, and between 2009-2011 (TCDLs); “special”
(SCDLs) loans issued in 2005-2006 following Hurricanes Katrina and Rita;
and loans issued under unique provisions in 2008 (2008 CDLs). As authorized
by Congress and administered by FEMA, the SCDL and 2008 loan categories had different
provisions than traditional loans to guide the eligibility of local governments
and dollar size of the loans. SCDLs also had unique provisions that
slightly altered the purpose of the loans, lowered the interest rate
charged on the loans, and clarified the cancellation procedures for the loans.
In the original legislation authorizing and appropriating the SCDLs, the loans
were not allowed to be cancelled. However, Congress later amended the law
to allow cancellation for SCDLs. Some controversy has arisen over FEMA’s
administration of the cancellation authority for these special loans. Table
8 and Table 9 provide several measures for comparing the
cancellation rates of TCDLs to SCDLs. In summary, TCDLs had a lower
percentage of loans fully cancelled or with some level of cancellation
than SCDLs (32.7 % and 45.5% versus 44.2% and 59.7%, respectively). On
average, TCDLs also had lower dollar amounts of principal forgiven per loan than
SCDLs (37.8% versus 52.4%). However, as a function of total dollar amount of
principal cancelled in each loan category, TCDLs had a much higher
cancellation rate than SCDLs (97.2% versus 67.3%).
Congress may consider changes to the CDL program in the future. Options could
include altering future authorization and appropriations for the program
in favor of more tailored disaster assistance programs, or converting the
loan assistance into a grant program. There are also options for amending
the program less significantly, including changing the way loan funds may be
used by local governments, changing the total dollar size of the loans, and
altering how the cancellation authority can be applied by FEMA.
Date of Report: May 10, 2012
Number of Pages: 47
Order Number: R42527
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