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

Page 6416 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5182 text, is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§ 4601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables. PRIOR PROVISIONS A prior section 414(a), (b) of Pub. L. 93–288 was renum- bered section 417(a), (b) by Pub. L. 100–707 and is classi- fied to section 5184 of this title. § 5182. Legal services Whenever the President determines that low- income individuals are unable to secure legal services adequate to meet their needs as a con- sequence of a major disaster, consistent with the goals of the programs authorized by this chapter, the President shall assure that such programs are conducted with the advice and as- sistance of appropriate Federal agencies and State and local bar associations. (Pub. L. 93–288, title IV, § 415, formerly § 412, May 22, 1974, 88 Stat. 157; renumbered § 415, Pub. L. 100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat. 4705.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. PRIOR PROVISIONS A prior section 415 of Pub. L. 93–288 was renumbered section 418 by Pub. L. 100–707 and is classified to section 5185 of this title. § 5183. Crisis counseling assistance and training (a) In general The President is authorized to provide profes- sional counseling services, including financial assistance to State or local agencies or private mental health organizations to provide such services or training of disaster workers, to vic- tims of major disasters in order to relieve men- tal health problems caused or aggravated by such major disaster or its aftermath. (b) Training Each State, local agency, or private mental health organization providing professional coun- seling services described in subsection (a) shall ensure that, any individual providing profes- sional counseling services to victims of a major disaster as authorized under subsection (a), in- cluding individuals working for nonprofit part- ners and recovery organizations, is appro- priately trained to address impacts from major disasters in communities, and to individuals, with socio-economically disadvantaged back- grounds. (Pub. L. 93–288, title IV, § 416, formerly § 413, May 22, 1974, 88 Stat. 157; renumbered § 416 and amended Pub. L. 100–707, title I, § 106(i), Nov. 23, 1988, 102 Stat. 4705; Pub. L. 117–251, § 7(a), Dec. 20, 2022, 136 Stat. 2357.) Editorial Notes PRIOR PROVISIONS A prior section 416 of Pub. L. 93–288 was renumbered section 419 by Pub. L. 100–707 and is classified to section 5186 of this title. AMENDMENTS 2022—Pub. L. 117–251 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1988—Pub. L. 100–707 struck out ‘‘(through the Na- tional Institute of Mental Health)’’ after ‘‘authorized’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–251, § 7(b), Dec. 20, 2022, 136 Stat. 2357, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to amounts appropriated on or after the date of enact- ment of this Act [Dec. 20, 2022].’’ § 5184. Community disaster loans (a) In general The President is authorized to make loans to any local government which may suffer a sub- stantial loss of tax and other revenues as a re- sult 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 op- erating budget of that local government for the fiscal year in which the major disaster oc- curs, 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 govern- ment during the three full fiscal year period following the major disaster are insufficient to meet the operating budget of the local govern- ment, including additional disaster-related ex- penses 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. (Pub. L. 93–288, title IV, § 417, formerly § 414(a), (b), May 22, 1974, 88 Stat. 158; renumbered § 417, Page 6417 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5185 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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5121 of this title and Tables. CODIFICATION Prior to renumbering as section 417, section 414 of Pub. L. 93–288 contained a subsec. (c) which was re- pealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1082. PRIOR PROVISIONS A prior section 417 of Pub. L. 93–288 was renumbered section 420 by Pub. L. 100–707 and is classified to section 5187 of this title. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–347 substituted ‘‘ex- ceed— ‘‘(1) 25 percent’’ for ‘‘exceed 25 per centum’’ and ‘‘; or’’ for period at end and added par. (2). 2000—Pub. L. 106–390, § 207(1)–(3), designated first sen- tence of subsec. (a) as subsec. (a) and inserted subsec. heading, designated second sentence of subsec. (a) as subsec. (b) and inserted subsec. heading, and designated third sentence of subsec. (a) as subsec. (c)(1) and in- serted subsec. and par. headings. Former subsec. (b) re- designated (d). Subsec. (b). Pub. L. 106–390, § 207(5), substituted ‘‘shall not exceed’’ for ‘‘and shall not exceed’’ and inserted be- fore period at end ‘‘, and shall not exceed $5,000,000’’. Subsec. (c)(2). Pub. L. 106–390, § 207(6), added par. (2). Subsec. (d). Pub. L. 106–390, § 207(4), redesignated sub- sec. (b) as (d) and inserted subsec. heading. Statutory Notes and Related Subsidiaries CANCELLATION OF REPAYMENTS OF REMAINING LOAN BALANCES Pub. L. 117–43, div. B, title VI, § 1601(a), Sept. 30, 2021, 135 Stat. 365, provided that: ‘‘Repayments of the re- maining balances of all loans, as of September 30, 2021, by the Federal Emergency Management Agency under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) are hereby cancelled.’’ COMMUNITY EMERGENCY DROUGHT RELIEF Pub. L. 95–31, title I, May 23, 1977, 91 Stat. 169, pro- vided: ‘‘That this Act be cited as the ‘Community Emergency Drought Relief Act of 1977’. ‘‘SEC. 101. (a) Upon the application of any State, po- litical subdivision of a State, Indian tribe, or public or private nonprofit organization, the Secretary of Com- merce is authorized to make grants and loans to appli- cants in drought impacted areas for projects that im- plement short-term actions to augment community water supplies where there are severe problems due to water shortages. Such assistance may be for the im- provement, expansion, or construction of water sup- plies, and purchase and transportation of water, which in the opinion of the Secretary of Commerce will make a substantial contribution to the relief of an existing or threatened drought condition in a designated area. ‘‘(b) The Secretary of Commerce may designate any area in the United States as an emergency drought im- pact area if he or she finds that a major and continuing adverse drought condition exists and is expected to continue, and such condition is causing significant hardships on the affected areas. ‘‘(c) Eligible applicants shall be those States or polit- ical subdivisions of States with a population of ten thousand or more, Indian tribes, or public or private nonprofit organizations within areas designated pursu- ant to subsection (b) of this section. ‘‘(d) Projects assisted under this Act shall be only those with respect to which assurances can be given to the satisfaction of the Secretary of Commerce that the work can be completed by April 30, 1978, or within such extended time as the Secretary may approve in excep- tional circumstances. ‘‘SEC. 102. Grants hereunder shall be in an amount not to exceed 50 per centum of allowable project costs. Loans shall be for a term not to exceed 40 years at a per annum interest rate of 5 per centum and shall be on such terms and conditions as the Secretary of Com- merce shall determine. In determining the amount of a grant assistance for any project, the Secretary of Com- merce may take into consideration such factors as are established by regulation and are consistent with the purposes of this Act. ‘‘SEC. 103. In extending assistance under this Act the Secretary shall take into consideration the relative needs of applicant areas for the projects for which as- sistance is requested, and the appropriateness of the project for relieving the conditions intended to be alle- viated by this Act. ‘‘SEC. 104. The Secretary of Commerce shall have such powers and authorities under this Act as are vest- ed in the Secretary by sections 701 and 708 of the Public Works and Economic Development Act of 1965, as amended [sections 3211 and 3218 of this title], with re- spect to that Act [section 3121 et seq. of this title]. ‘‘SEC. 105. The National Environmental Protection Act of 1969, as amended [section 4321 et seq. of this title], shall be implemented to the fullest extent con- sistent with but subject to the time constraints im- posed by this Act, and the Secretary of Commerce when making the final determination regarding an applica- tion for assistance hereunder shall give consideration to the environmental consequences determined within that period. ‘‘SEC. 106. (a) There is hereby authorized to be appro- priated for the fiscal year ending September 30, 1977, $225,000,000 of which sum $150,000,000 is to be for the loan program herein, including administration thereof, and $75,000,000 of which is to be used for the grant pro- gram herein, including administration thereof, and such additional amounts for the fiscal year ending Sep- tember 30, 1978, as may be reasonably needed for admin- istrative expenses in monitoring and closing out the program authorized by the Act. Funds authorized by this Act shall be obligated by December 31, 1977. ‘‘(b) Funds available to the Secretary for this Act shall be available for expenditure for drought impact projects conducted heretofore by eligible applicants during fiscal year 1977 if such projects are found to be compatible with the broad purposes of this Act.’’ § 5185. Emergency communications The President is authorized during, or in an- ticipation of, an emergency or major disaster to establish temporary communications systems and to make such communications available to State and local government officials and other persons as he deems appropriate. (Pub. L. 93–288, title IV, § 418, formerly § 415, May 22, 1974, 88 Stat. 158; renumbered § 418, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.)