Title 7 — Agriculture
Chapter 107 — Renewable Energy Research and Development
§ 8110. Feedstock flexibility program for bioenergy producers
Statutory text
Definitions
In this section:
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
For 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 section 7272 of this title 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
The 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 section 7272 of this title 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
Except as provided in clause (ii), to the extent that an eligible commodity is owned and held in inventory by the Commodity Credit Corporation (accumulated pursuant to the program authorized under section 7272 of this title), the Secretary shall—
sell the eligible commodity to bioenergy producers under this section consistent with paragraph (1)(C);
dispose of the eligible commodity in accordance with section 7272(f)(2) of this title; or
otherwise dispose of the eligible commodity through the buyback of certificates of quota entry.
Preservation of other authorities
Nothing 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 section 7272(f)(1) of this title.
Emergency shortages
Notwithstanding 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 section 7272 of this title) through disposition as authorized under section 7272(f) of this title 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
Clause (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 section 7272 of this title).
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
If sugar that is subject to a marketing allotment under part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 107–171 title IX § 9010 · 116 Stat. 134
Enacted · 7 U.S.C. § 8110
Pub. L. 107–171, title IX, § 9010, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1325, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2086
Source evidence
Code source credit
Pub. L. 107–171, title IX, § 9010, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1325, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2086Enacted provision · exact public law section
SEC. 9010. CONTINUATION OF BIOENERGY PROGRAM. (a) Definitions.— In this section: (1) Bioenergy.— The term “bioenergy” means— (A) biodiesel; and (B) fuel grade ethanol. (2) Biodiesel.— The term “biodiesel” means a monoalkyl ester that meets the requirements of an appropriate American Society for Testing and Materials standard. (3) Eligible commodity.— The term “eligible commodity” means— (A) wheat, com, grain sorghum, barley, oats, rice, soybeans, sunflower seed, rapeseed, canola, safflower, flaxseed, mustard, crambe, sesame seed, and cottonseed; (B) a cellulosic commodity (such as hybrid poplar and switch grass); (C) fats, oils, and greases (including recycled fats, oils, and greases) derived from an agricultural product; and (D) any animal byproduct (in addition to oils, fats, and greases) that may be used to produce bioenergy, as determined by the Secretary. (4) Eligible producer.— The term “eligible producer” means a producer that uses an eligible commodity to produce bioenergy. (b) Bioenergy Program.— (1) Continuation.— The Secretary shall continue the program under part 1424 of title 7, Code of Federal Regulations (or any successor regulation), under which the Secretary makes payments to eligible producers to encourage increased purchases of eligible commodities for the purpose of expanding production of such bioenergy and supporting new production capacity for such bioenergy. (2) Contracts.— To be eligible to receive a payment, an eligible producer shall— (A) enter into a contract with the Secretary to increase bioenergy production for 1 or more fiscal years; and (B) submit to the Secretary such records as the Secretary may require as evidence of increased purchase and use of eligible commodities for the production of bioenergy. (3) Payment.— (A) In general.— Under the program, the Secretary shall make payments to eligible producers, based on the quantity of bioenergy produced by the eligible producer during a fiscal year that exceeds the quantity of bioenergy produced by the eligible producer during the preceding fiscal year. (B) Payment rate.— (i) Producers of less than 65,000,000 gallons.— An eligible producer that produces less than 65,000,000 gallons of bioenergy shall be reimbursed 1 feedstock unit for every 2.5 feedstock units of eligible commodity used for increased production. (ii) Producers of 65,000,000 or more gallons.— An eligible producer that produces 65,000,000 or more gallons of bioenergy shall be reimbursed 1 feedstock unit for every 3.5 feedstock units of eligible commodity used for increased production. (C) Quarterly payments.— The Secretary shall make payments to an eligible producer for each quarter of the fiscal year. (4) Proration.— If the amount made available for a fiscal year under subsection (c) is insufficient to allow the payment of the amount of the payments that eligible producers (that apply for the payments) otherwise would receive under this subsection, the Secretary shall prorate the amount of the funds among all such eligible producers. (5) Overpayments.— If the total amount of payments that an eligible producer receives for a fiscal year under this section exceeds the amount that the eligible producer should have received under this subsection, the eligible producer shall repay the amount of the overpayment to the Secretary, with interest (as determined by the Secretary). (6) Limitation.— No eligible producer shall receive more than 5 percent of the total amount made available under subsection (c) for a fiscal year. (7) Other requirements.— To be eligible to receive a payment under this subsection, an eligible producer shall meet other requirements of Federal law (including regulations) applicable to the production of bioenergy. (c) Funding.— Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section— (1) not more than $150,000,000 for each of fiscal years 2003 through 2006; and (2) $0 for fiscal year 2007.American Taxpayer Relief Act of 2012
Pub. L. 112–240 title VII § 701(f)(9) · 126 Stat. 2313
Substituted · 7 U.S.C. § 8110(b)(1)(A); 7 U.S.C. § 8110(b)(2)(A)
Pub. L. 112–240 substituted “2013” for “2012”
Source evidence
Code amendment note
Subsec. (b)(1)(A), (2)(A). Pub. L. 112–240 substituted “2013” for “2012”.Enacted provision · exact public law section
(9) Feedstock flexibility program for bioenergy producers.— Section 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended in paragraphs (1)(A) and (2)(A) by striking “2012” each place it appears and inserting “2013”.Agricultural Act of 2014
Pub. L. 113–79 title IX § 9009 · 128 Stat. 649
Substituted · 7 U.S.C. § 8110(b)(1)(A); 7 U.S.C. § 8110(b)(2)(A)
Pub. L. 113–79 substituted “2018” for “2013”
Source evidence
Code amendment note
Subsec. (b)(1)(A), (2)(A). Pub. L. 113–79 substituted “2018” for “2013”.Enacted provision · exact public law section
SEC. 9009. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS. Section 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended— (1) in paragraph (1)(A), by striking “2013” and inserting “2018”; and (2) in paragraph (2)(A), by striking “2013” and inserting “2018”.Agriculture Improvement Act of 2018
Pub. L. 115–334 title IX § 9009 · 132 Stat. 4490
Substituted · 7 U.S.C. § 8110(b)(1)(A); 7 U.S.C. § 8110(b)(2)(A)
Pub. L. 115–334 substituted “2023” for “2018”
Source evidence
Code amendment note
Subsec. (b)(1)(A), (2)(A). Pub. L. 115–334 substituted “2023” for “2018”.Enacted provision · exact public law section
SEC. 9009. FEEDSTOCK FLEXIBILITY. Section 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended— (1) in paragraph (1)(A), by striking “2018” and inserting “2023”; and (2) in paragraph (2)(A), by striking “2018” and inserting “2023”.Further Continuing Appropriations and Other Extensions Act, 2024
Pub. L. 118–22 div. B title I § 102(d)(6)(C) · 137 Stat. 112
Substituted · 7 U.S.C. § 8110(b)(1)(A); 7 U.S.C. § 8110(b)(2)(A)
Pub. L. 118–22 substituted “2024” for “2023”
Source evidence
Code amendment note
Subsec. (b)(1)(A), (2)(A). Pub. L. 118–22 substituted “2024” for “2023”.Enacted provision · exact public law section
(C) Feedstock flexibility program.— Section 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended in paragraphs (1)(A) and (2)(A) by striking “2023” each place it appears and inserting “2024”.Pub. L. 118–158 div. D § 4101(d)(3) · 138 Stat. 1769
Substituted · 7 U.S.C. § 8110(b)(1)(A); 7 U.S.C. § 8110(b)(2)(A)
Pub. L. 118–158 substituted “2025” for “2024”
Unresolved: Pub. L. 118–158 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1)(A), (2)(A). Pub. L. 118–158 substituted “2025” for “2024”.Pub. L. 119–37 div. E § 5002(d)(3) · 139 Stat. 627
Substituted · 7 U.S.C. § 8110(b)(1)(A); 7 U.S.C. § 8110(b)(2)(A)
Pub. L. 119–37 substituted “2026” for “2025”
Unresolved: Pub. L. 119–37 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1)(A), (2)(A). Pub. L. 119–37 substituted “2026” for “2025”.Effective date note
Amendment by Pub. L. 119–37 to be applied and administered as if enacted on Sept. 30, 2025, see section 5002(g) of Pub. L. 119–37, set out in an Extension of Agricultural Programs note under section 9001 of this title.
5 of 7 references resolved to an enrolled provision · 2 unresolved
Editorial Notes
References in Text
The 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 Pub. L. 110–246, which was approved .
The Agricultural Adjustment Act of 1938, referred to in subsec. (b)(5), is act Feb. 16, 1938, ch. 30, 52 Stat. 31. 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 section 1281 of this title and Tables.
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Prior Provisions
A prior section 9010 of Pub. L. 107–171 was classified to section 8108 of this title, prior to the general amendment of this chapter by Pub. L. 110–246.
Amendments2013–2025 · 6 rounds
2025
Subsec. (b)(1)(A), (2)(A). Pub. L. 119–37 substituted “2026” for “2025”.
2024
Subsec. (b)(1)(A), (2)(A). Pub. L. 118–158 substituted “2025” for “2024”.
2023
Subsec. (b)(1)(A), (2)(A). Pub. L. 118–22 substituted “2024” for “2023”.
2018
Subsec. (b)(1)(A), (2)(A). Pub. L. 115–334 substituted “2023” for “2018”.
2014
Subsec. (b)(1)(A), (2)(A). Pub. L. 113–79 substituted “2018” for “2013”.
2013
Subsec. (b)(1)(A), (2)(A). Pub. L. 112–240 substituted “2013” for “2012”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by Pub. L. 119–37 to be applied and administered as if enacted on , see section 5002(g) of Pub. L. 119–37, set out in an Extension of Agricultural Programs note under section 9001 of this title.
Effective Date of 2024 Amendment
Amendment by Pub. L. 118–158 to be applied and administered as if enacted on , see section 4101(g) of Pub. L. 118–158, set out in an Extension of Agricultural Programs note under section 9001 of this title.
Effective Date of 2023 Amendment
Amendment by Pub. L. 118–22 to be applied and administered as if enacted on , see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–240 effective , see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.
Effective Date
Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
Credits
2008–2025 · 7 acts
- 2008Pub. L. 107–171, title IX, § 9010, as added Pub. L. 110–234, title IX, § 9001(a), , 122 Stat. 1325, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), , 122 Stat. 1664, 2086
- 2013amended Pub. L. 112–240, title VII, § 701(f)(9), , 126 Stat. 2365
- 2014Pub. L. 113–79, title IX, § 9009, , 128 Stat. 931
- 2018Pub. L. 115–334, title IX, § 9009, , 132 Stat. 4887
- 2023Pub. L. 118–22, div. B, title I, § 102(d)(6)(C), , 137 Stat. 118
- 2024Pub. L. 118–158, div. D, § 4101(d)(3), , 138 Stat. 1769
- 2025Pub. L. 119–37, div. E, § 5002(d)(3), , 139 Stat. 627.
Show as published
(Pub. L. 107–171, title IX, § 9010, as added Pub. L. 110–234, title IX, § 9001(a), , 122 Stat. 1325, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), , 122 Stat. 1664, 2086; amended Pub. L. 112–240, title VII, § 701(f)(9), , 126 Stat. 2365; Pub. L. 113–79, title IX, § 9009, , 128 Stat. 931; Pub. L. 115–334, title IX, § 9009, , 132 Stat. 4887; Pub. L. 118–22, div. B, title I, § 102(d)(6)(C), , 137 Stat. 118; Pub. L. 118–158, div. D, § 4101(d)(3), , 138 Stat. 1769; Pub. L. 119–37, div. E, § 5002(d)(3), , 139 Stat. 627.)