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7 U.S. Code § 8110. Feedstock flexibility program for bioenergy producers
(a) DefinitionsIn this section:
(1) Bioenergy
The term “bioenergy” means fuel grade ethanol and other biofuel.
(2) Bioenergy producer
The term “bioenergy producer” means a producer of bioenergy that uses an eligible commodity to produce bioenergy under this section.
(3) 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.
(4) Eligible entity
The term “eligible entity” means an entity located in the United States that markets an eligible commodity in the United States.
(b) Feedstock flexibility program
(1) In general
(A) Purchases and sales
For each of the 2008 through 2024 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.
(B) 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).
(C) 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.