[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4227 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4227

 To codify and extend the current Department of Agriculture program to 
  promote the use of agricultural commodities by bioenergy producers, 
 particularly small-scale producers, to produce ethanol and biodiesel 
                                 fuels.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2002

 Mr. Moran of Kansas introduced the following bill; which was referred 
                    to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
 To codify and extend the current Department of Agriculture program to 
  promote the use of agricultural commodities by bioenergy producers, 
 particularly small-scale producers, to produce ethanol and biodiesel 
                                 fuels.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BIOENERGY PROGRAM TO PROMOTE INDUSTRIAL CONSUMPTION OF 
              AGRICULTURAL COMMODITIES FOR PRODUCTION OF ETHANOL AND 
              BIODIESEL FUELS.

    (a) Continuation of Program.--Through fiscal year 2011, the 
Secretary of Agriculture shall continue the Department of Agriculture 
program to make cash payments to producers of ethanol and biodiesel 
fuels to encourage increased purchases of eligible agricultural 
commodities for the purpose of expanding existing production of 
bioenergy and supporting the construction of new production capacity.
    (b) Payment Basis; Evidence.--The Secretary shall make payments 
under this section based on the increase in the bioenergy production of 
an eligible producer compared to the producer's bioenergy production of 
the previous year. To be eligible to receive a payment under this 
section, a bioenergy producer shall submit to the Secretary shall 
records as the Secretary may require to indicate the increased 
purchases and utilization of eligible agricultural commodities for the 
production of bioenergy.
    (c) Priority.--In making payments under this section, the Secretary 
shall give priority to bioenergy producers with less than 65,000,000 
gallon annual production capacity.
    (d) Payment Limitation.--The amount of funds that any single 
producer may obtain under this section in a fiscal year may not exceed 
five percent of the total amount expended under this section in that 
year or $10,000,000, whichever is less.
    (e) Eligible Agricultural Commodity Defined.--In this section, the 
term ``eligible agricultural commodity'' means--
            (1) barley, corn, grain sorghum, oats, rice, wheat, 
        soybeans, sunflower seed, canola, crambe, rapeseed, safflower, 
        flaxseed, mustard seed, and cellulosic crops, such as 
        switchgrass and short rotation trees, grown on farms in the 
        United States for the purpose of producing ethanol or biodiesel 
        fuels; or
            (2) any other commodity or commodity by-product produced in 
        the United States that the Secretary determines is suitable for 
        use in ethanol and biodiesel fuel production.
    (f) Funding.--The Secretary may use up to $200,000,000 of the funds 
of the Commodity Credit Corporation each fiscal year to make payments 
under this section.
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