Title 7, AgricultureRelease 119-110

§4002 Alcohol Processor Grain Reserve Program

Title 7 › CHAPTER 71 — AGRICULTURAL TRADE SUSPENSION ADJUSTMENT › § 4002

Last updated Sep 23, 2026|Official source

Summary

Allows the Secretary of Agriculture to make loans to processors who buy and store grain to turn into alcohol fuel. Loans are only for processors that run small scale biomass energy projects partly or fully financed by the U.S. government and that the Secretary finds cannot get a steady supply of grain at reasonable prices. The loan amount equals the current price support loan rate for the grain times the quantity bought. A processor cannot have loans outstanding for more grain than the amount estimated to be needed for one year. If grain is removed, the processor must either replace the same amount within the time set by the Secretary or repay that part of the loan. The grain must be used only to make alcohol for fuel, and the Secretary must set safeguards so it is not used otherwise or to hurt the market. Loans must have appropriate security and may not be nonrecourse. The Secretary may pay storage costs up to the same rate paid under the producer storage program and can require repayment, refunds, extra interest, or other charges if terms are broken. The Secretary must announce program terms before making loans, may use Commodity Credit Corporation facilities, and loans may be made only as funding is provided by appropriation acts. The authority to make loans expires five years after December 3, 1980. Definitions (one line each): Secretary — the Secretary of Agriculture. Processor — someone in the U.S. who makes grain into alcohol for fuel. Agricultural grain/grain — any commodity fit for making fuel alcohol and under a price support operation. Producer storage program — the program under section 1445e. Small scale biomass energy project — the term as defined in 42 U.S.C. 8802(19).

Full Legal Text

Title 7, §4002

Agriculture, Source: USLM XML via OLRC

(a)Definitions
As used in this section
(1)
(2)The term “processor” means any person engaged within the United States in the business of manufacturing grain into alcohol for use as a fuel either by itself or in combination with some other product.
(3)The terms “agricultural grain” and “grain” mean any agricultural commodity (A) that is suitable for processing into alcohol for use as a fuel, and (B) with respect to which a price support operation is in effect.
(4)The term “producer storage program” means the producer storage program provided for under section 1445e of this title.
(5)The term “small scale biomass energy project” shall have the same meaning as defined in section 8802(19) of title 42.
(b)Loans on stored grain; processors eligible
To assist processors in obtaining a dependable supply of grain at reasonable prices, the Secretary may formulate and administer a program under which processors purchasing and storing grain needed by them for manufacturing into alcohol for use as a fuel may obtain a loan from the Secretary on such grain. Loans under this section may be made available only to processors that (1) operate small scale biomass energy projects financed in whole or in part by the United States Government or any agency thereof, and (2) as determined by the Secretary, are otherwise unable to obtain a dependable supply of grain at reasonable prices for use in such projects.
(c)Terms and conditions of processor grain reserve program and producer storage program
Except as otherwise provided in this section, loans made under this section to carry out the processor grain reserve program may be made on the same terms and conditions as loans made to carry out the producer storage program.
(d)Amount of loan
The amount of the loan that the Secretary may make to an eligible processor at any time on any quantity of grain purchased by the processor shall be determined by multiplying the price support loan rate in effect for such grain at the time the loan is made times the quantity of grain purchased by the proc­essor. The quantity of grain on which one or more loans may be outstanding at any time in the case of any processor may not exceed the estimated quantity of grain needed by such processor for one year of operation.
(e)Replacement of removed grain (f) Purposes for which grain to be used
Whenever any quantity of grain stored in the processor grain reserve under this section is removed from storage by a processor, the processor may be required to replace such grain with an equal quantity, within such period of time as the Secretary shall prescribe by regulation, or repay that portion of the loan represented by the quantity of grain removed from storage.
(g)Terms and conditions of loan; security; non­recourse loans
Loans made under this section shall be made subject to such terms and conditions and subject to such security as the Secretary deems appropriate, except that such loans may not be made as nonrecourse loans.
(h)Payment for cost of storage; repayment of loans
In carrying out the processor grain reserve program under this section, the Secretary may—
(1)provide for the payment to processors of such amounts as the Secretary determines appropriate to cover the cost of storing grain held in the processor grain reserve, except that in no event may the rate of the payment paid under this clause for any period exceed the rate paid by the Secretary under the producer storage program for the same period; and
(2)prescribe conditions under which the Secretary may require processors to repay loans made under this section, plus accrued interest thereon, refund amounts paid to the processors for storage, and require the processors to pay such additional interest and other charges as may be required by regulation in the event any processor fails to abide by the terms and conditions of the loan or any regulation prescribed under this section.
(i)Announcement of terms and conditions of program
The Secretary shall announce the terms and conditions of the processor grain reserve program as far in advance of making loans as practicable.
(j)Use of Commodity Credit Corporation facilities
The Secretary may use the facilities of the Commodity Credit Corporation to carry out this section.
(k)Authorization of appropriations; appropriation acts as determining amount and extent of loans; expiration of authority to make loans
There are authorized to be appropriated such sums as may be necessary to carry out this section. Any loans made under this section shall be made to such extent and such amounts as provided in appropriation Acts. The authority to make loans under this section shall expire five years after December 3, 1980.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The producer storage program provided for under section 1445e of this title, referred to in subsec. (a)(4), refers to section 1445e prior to the general amendment of such section by Pub. L. 101–624, title XI, § 1123, Nov. 28, 1990, 104 Stat. 3503. As amended, section 1445e now provides for a farmer owned reserve program.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 3, 1980, see section 213 of Pub. L. 96–494, set out as a note under section 4001 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 4002

Title 7, Agriculture

Last Updated

Sep 23, 2026

Release point: 119-110