§ 647. — Duplication of activities of other Federal departments or agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC647]
TITLE 15--COMMERCE AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 647. Duplication of activities of other Federal departments
or agencies
(a) General prohibition; exception
The Administration shall not duplicate the work or activity of any
other department or agency of the Federal Government,,\1\ 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.
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\1\ So in original.
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(b) Definitions
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.
(Pub. L. 85-536, Sec. 2[18], July 18, 1958, 72 Stat. 396; Pub. L. 93-
386, Sec. 5, Aug. 23, 1974, 88 Stat. 746; Pub. L. 94-305, title I,
Sec. 112(e), June 4, 1976, 90 Stat. 667; Pub. L. 96-38, title I,
Sec. 101(c), July 25, 1979, 93 Stat. 119; Pub. L. 96-302, title I,
Sec. 119(c), July 2, 1980, 94 Stat. 841; Pub. L. 98-270, title III,
Sec. 303, Apr. 18, 1984, 98 Stat. 160; Pub. L. 98-369, div. B, title IV,
Sec. 2401, July 18, 1984, 98 Stat. 1116; Pub. L. 99-272, title XVIII,
Sec. 18006(a)(3), Apr. 7, 1986, 100 Stat. 366.)
Prior Provisions
Prior similar provisions were contained in section 225, of act July
30, 1953, ch. 282, as added by act Aug. 9, 1955, ch. 628, Sec. 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[12] 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.
Amendments
1986--Subsec. (a). Pub. L. 99-272 struck 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. 98-369 substituted ``October 1, 1987''
for ``October 1, 1986''.
Pub. L. 98-270 substituted ``October 1, 1986'' for ``October 1,
1983''.
1980--Subsec. (a). Pub. L. 96-302, Sec. 119(c)(1), inserted proviso
relating to eligibility for loan assistance prior to October 1, 1983.
Subsec. (b). Pub. L. 96-302, Sec. 119(c)(2), added par. (1) and
designated as par. (2) existing definition of ``credit elsewhere''.
1979--Pub. L. 96-38 designated existing provisions as subsec. (a)
and added subsec. (b).
1976--Pub. L. 94-305 inserted 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. 93-386 inserted provision authorizing the refusal of
loan applications and the denial of loans, for purposes of this section,
to be deemed nonduplication of activities.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-270 effective Oct. 1, 1983, see section 313
of Pub. L. 98-270, set out as a note under section 632 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-302 inapplicable to disasters commencing on
or before Oct. 1, 1980, see section 119(d) of Pub. 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, Sec. 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 of Pub. L. 95-507 which
amended sections 631, 633, 636, and 637 of this title] is intended to
duplicate or limit any programs or projects administered by the
Department of Commerce.''
Section Referred to in Other Sections
This section is referred to in section 636 of this title.
