Definitions
Bioenergy
The term “bioenergy” means fuel grade ethanol and other biofuel.
Bioenergy producer
The term “bioenergy producer” means a producer of bioenergy that uses an eligible commodity to produce bioenergy under this section.
Eligible commodity
The term “eligible commodity” means a form of raw or refined sugar or in-process sugar that is eligible to be marketed in the United States for human consumption or to be used for the extraction of sugar for human consumption.
Eligible entity
The term “eligible entity” means an entity located in the United States that markets an eligible commodity in the United States.
Feedstock flexibility program
In general
Purchases and sales
section 7272 of this titleFor each of the 2008 through 2026 crops, the Secretary shall purchase eligible commodities from eligible entities and sell such commodities to bioenergy producers for the purpose of producing bioenergy in a manner that ensures that is operated at no cost to the Federal Government by avoiding forfeitures to the Commodity Credit Corporation.
Competitive procedures
In carrying out the purchases and sales required under subparagraph (A), the Secretary shall, to the maximum extent practicable, use competitive procedures, including the receiving, offering, and accepting of bids, when entering into contracts with eligible entities and bioenergy producers, provided that such procedures are consistent with the purposes of subparagraph (A).
Limitation
section 7272 of this titleThe purchase and sale of eligible commodities under subparagraph (A) shall only be made in crop years in which such purchases and sales are necessary to ensure that the program authorized under is operated at no cost to the Federal Government by avoiding forfeitures to the Commodity Credit Corporation.
Notice
In general
As soon as practicable after the date of enactment of the Food, Conservation, and Energy Act of 2008 and each September 1 thereafter through , the Secretary shall provide notice to eligible entities and bioenergy producers of the quantity of eligible commodities that shall be made available for purchase and sale for the crop year following the date of the notice under this section.
Reestimates
Not later than the January 1, April 1, and July 1 of the calendar year following the date of a notice under subparagraph (A), the Secretary shall reestimate the quantity of eligible commodities determined under subparagraph (A), and provide notice and make purchases and sales based on such reestimates.
Commodity Credit Corporation inventory
Dispositions
Bioenergy and generally
Preservation of other authorities
section 7272(f)(1) of this titleNothing in this section limits the use of other authorities for the disposition of an eligible commodity held in the inventory of the Commodity Credit Corporation for nonfood use or otherwise in a manner that does not increase the net quantity of sugar available for human consumption in the United States market, consistent with .
Emergency shortages
section 7272 of this titlesection 7272(f) of this titleNotwithstanding subparagraph (A), if there is an emergency shortage of sugar for human consumption in the United States market that is caused by a war, flood, hurricane, or other natural disaster, or other similar event, the Secretary may dispose of an eligible commodity that is owned and held in inventory by the Commodity Credit Corporation (accumulated pursuant to the program authorized under ) through disposition as authorized under or through the use of any other authority of the Commodity Credit Corporation.
Transfer rule; storage fees
General transfer rule
Except with regard to emergency dispositions under paragraph (3)(B) and as provided in subparagraph (C), the Secretary shall ensure that bioenergy producers that purchase eligible commodities pursuant to this section take possession of the eligible commodities within 30 calendar days of the date of such purchase from the Commodity Credit Corporation.
Payment of storage fees prohibited
In general
The Secretary shall, to the maximum extent practicable, carry out this section in a manner that ensures no storage fees are paid by the Commodity Credit Corporation in the administration of this section.
Exception
section 7272 of this titleClause (i) shall not apply with respect to any commodities owned and held in inventory by the Commodity Credit Corporation (accumulated pursuant to the program authorized under ).
Option to prevent storage fees
In general
The Secretary may enter into contracts with bioenergy producers to sell eligible commodities to such producers prior in time to entering into contracts with eligible entities to purchase the eligible commodities to be used to satisfy the contracts entered into with the bioenergy producers.
Special transfer rule
If the Secretary makes a sale and purchase referred to in clause (i), the Secretary shall ensure that the bioenergy producer that purchased eligible commodities takes possession of such commodities within 30 calendar days of the date the Commodity Credit Corporation purchases the eligible commodities.
Relation to other laws
7 U.S.C. 1359aaIf sugar that is subject to a marketing allotment under part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( et seq.) is the subject of a payment under this section, the sugar shall be considered marketed and shall count against a processor’s allocation of an allotment under such part, as applicable.
Funding
The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation, including the use of such sums as are necessary, to carry out this section.
Pub. L. 107–171, title IX, § 9010Pub. L. 110–234, title IX, § 9001(a)122 Stat. 1325Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 112–240, title VII, § 701(f)(9)126 Stat. 2365Pub. L. 113–79, title IX, § 9009128 Stat. 931Pub. L. 115–334, title IX, § 9009132 Stat. 4887Pub. L. 118–22, div. B, title I, § 102(d)(6)(C)137 Stat. 118Pub. L. 118–158, div. D, § 4101(d)(3)138 Stat. 1769Pub. L. 119–37, div. E, § 5002(d)(3)139 Stat. 627(, as added , , , and , title IX, § 9001(a), , , 2086; amended , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 110–246The date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (b)(2)(A), is the date of enactment of , which was approved .
act Feb. 16, 1938, ch. 3052 Stat. 31section 1281 of this titleThe Agricultural Adjustment Act of 1938, referred to in subsec. (b)(5), is , . Part VII of subtitle B of title III of the Act is classified to subpart VII (§ 1359aa et seq.) of part B of subchapter II of chapter 35 of this title. For complete classification of this Act to the Code, see and Tables.
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and enacted identical sections. was repealed by .
Prior Provisions
section 9010 of Pub. L. 107–171section 8108 of this titlePub. L. 110–246A prior was classified to , prior to the general amendment of this chapter by .
Amendments
Pub. L. 119–372025—Subsec. (b)(1)(A), (2)(A). substituted “2026” for “2025”.
Pub. L. 118–1582024—Subsec. (b)(1)(A), (2)(A). substituted “2025” for “2024”.
Pub. L. 118–222023—Subsec. (b)(1)(A), (2)(A). substituted “2024” for “2023”.
Pub. L. 115–3342018—Subsec. (b)(1)(A), (2)(A). substituted “2023” for “2018”.
Pub. L. 113–792014—Subsec. (b)(1)(A), (2)(A). substituted “2018” for “2013”.
Pub. L. 112–2402013—Subsec. (b)(1)(A), (2)(A). substituted “2013” for “2012”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–37section 5002(g) of Pub. L. 119–37section 9001 of this titleAmendment by to be applied and administered as if enacted on , see , set out in an Extension of Agricultural Programs note under .
Effective Date of 2024 Amendment
Pub. L. 118–158section 4101(g) of Pub. L. 118–158section 9001 of this titleAmendment by to be applied and administered as if enacted on , see , set out in an Extension of Agricultural Programs note under .
Effective Date of 2023 Amendment
Pub. L. 118–22section 102(g) of Pub. L. 118–22section 9001 of this titleAmendment by to be applied and administered as if enacted on , see , set out in an Extension of Agricultural Programs note under .
Effective Date of 2013 Amendment
Pub. L. 112–240section 701(j) of Pub. L. 112–240section 8701 of this titleAmendment by effective , see , set out in a 1-Year Extension of Agricultural Programs note under .
Effective Date
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleEnactment of this section and repeal of by effective , the date of enactment of , see , set out as a note under .