The Administration shall not duplicate the work or activity of any other department or agency of the Federal Government,, and nothing contained in this chapter shall be construed to authorize any such duplication unless such work or activity is expressly provided for in this chapter. If loan applications are being refused or loans denied by such other department or agency responsible for such work or activity due to administrative withholding from obligation or withholding from apportionment, or due to administratively declared moratorium, then, for purposes of this section, no duplication shall be deemed to have occurred.
As used in this chapter—
(1)“agricultural enterprises” means those businesses engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries; and
(2)“credit elsewhere” means the availability of sufficient credit from non-Federal sources at reasonable rates and terms, taking into consideration prevailing private rates and terms in the community in or near where the concern transacts business for similar purposes and periods of time.
Prior similar provisions were contained in section 225, of act July 30, 1953, ch. 282, as added by act Aug. 9, 1955, ch. 628, § 14,69 Stat. 551, which was previously classified to section
651 of this title. The provisions of section 218 of act July 30, 1953, formerly classified to this section, were transferred to section
2 of Pub. L. 85–536, and are classified to section
641 of this title. See Codification note set out under section
631 of this title.
1986—Subsec. (a). Pub. L. 99–272struck out agricultural enterprises exception and proviso that, prior to Oct. 1, 1987, an agricultural enterprise not be eligible for loan assistance under section
636(b)(1) of this title to repair or replace property other than residences and/or personal property unless it is declined for, or would be declined for, emergency loan assistance at substantially similar interest rates from the Farmers Home Administration under subchapter III of the Consolidated Farm and Rural Development Act.
1984—Subsec. (a). Pub. L. 98–369substituted “October 1, 1987” for “October 1, 1986”.
1980—Subsec. (a). Pub. L. 96–302, § 119(c)(1), inserted proviso relating to eligibility for loan assistance prior to October 1, 1983.
Subsec. (b). Pub. L. 96–302, § 119(c)(2), added par. (1) and designated as par. (2) existing definition of “credit elsewhere”.
1979—Pub. L. 96–38designated existing provisions as subsec. (a) and added subsec. (b).
1976—Pub. L. 94–305inserted reference to those enterprises engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries.
1974—Pub. L. 93–386inserted provision authorizing the refusal of loan applications and the denial of loans, for purposes of this section, to be deemed nonduplication of activities.
Amendment by Pub. L. 96–302inapplicable to disasters commencing on or before Oct. 1, 1980, see section 119(d) ofPub. L. 96–302, set out as a note under section
636 of this title.
Programs Administered by the Department of Commerce
Pub. L. 95–507, § 207,Oct. 24, 1978, 92 Stat. 1767, provided that: “Nothing in this chapter [meaning chapter 1 of title II of Pub. L. 95–507, consisting of sections 201–206 ofPub. L. 95–507which amended sections
637 of this title] is intended to duplicate or limit any programs or projects administered by the Department of Commerce.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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