S.Amdt. 5184

1. Adds TITLE _--NATIONAL OILHEAT RESEARCH ALLIANCE at the end of the bill

   Adds a title

   In S. 3268 · Placed on Calendar Senate

   (b) Report.--If the Commission decides not to use the procedures described in subsection (a) in a specific instance, not later than 30 days after the date of the decision, the Commission shall submit to Congress a detailed report that describes in each instance the reasons for not using the procedures.

   Inserted: TITLE _--NATIONAL OILHEAT RESEARCH ALLIANCE

   Inserted: SEC. _01. NATIONAL OILHEAT RESEARCH ALLIANCE ACT OF 2000.

   Inserted: (a) Findings.--Section 702 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking "oilheat" each place it appears and inserting "oilheat fuel".

   Inserted: (b) Definitions.--Section 703 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended--

   Inserted: (1) by striking "oilheat" each place it appears (other than paragraph (10)) and inserting "oilheat fuel";

   Inserted: (2) by striking paragraph (7) and inserting the following:

   Inserted: "(7) Oilheat fuel.--The term 'oilheat fuel' means distillate liquid that is used as a fuel for nonindustrial commercial or residential space or hot water heating.";

   Inserted: (3) in paragraph (8), by striking "Oilheat" and inserting "Oilheat fuel";

   Inserted: (4) in paragraph (14)--

   Inserted: (A) by striking "No. 1 distillate or No. 2 dyed distillate" each place it appears and inserting "distillate liquid"; and

   Inserted: (B) in subparagraph (B), by striking "sells the distillate" and inserting "sells the distillate liquid";

   Inserted: (5) by redesignating paragraphs (3) through (13) and (14) as paragraphs (4) through (14) and (16), respectively, and moving paragraph (16) (as so redesignated) to appear after paragraph (15); and

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   Inserted: (6) by inserting after paragraph (2) the following:

   Inserted: "(3) Distillate liquid.--The term 'distillate liquid' means--

   Inserted: "(A) No. 1 distillate;

   Inserted: "(B) No. 2 dyed distillate; or

   Inserted: "(C) a liquid blended with No. 1 distillate or No. 2 dyed distillate.".

   Inserted: (c) Referenda.--Section 704 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended--

   Inserted: (1) by striking "oilheat" each place it appears and inserting "oilheat fuel";

   Inserted: (2) by striking "No. 1 distillate and No. 2 dyed distillate" each place it appears in subsections (a) and (c) and inserting "distillate liquid";

   Inserted: (3) in subsection (a)--

   Inserted: (A) in paragraph (5)(B), by striking "Except as provided in subsection (b), the" and inserting "The"; and

   Inserted: (B) in paragraph (6), by striking ", No. 1 distillate, or No. 2 dyed distillate" and inserting "or distillate liquid"; and

   Inserted: (4) in subsection (b), by striking "under" and inserting "consistent with".

   Inserted: (d) Membership.--Section 705 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended--

   Inserted: (1) by striking "oilheat" each place it appears and inserting "oilheat fuel";

   Inserted: (2) in subsection (b)(2), by striking "No. 1 distillate and No. 2 dyed distillate" and inserting "distillate liquid"; and

   Inserted: (3) by striking subsection (c) and inserting the following:

   Inserted: "(c) Number of Members.--

   Inserted: "(1) In general.--The membership of the Alliance shall be as follows:

   Inserted: "(A) 1 member representing each State participating in the Alliance.

   Inserted: "(B) 5 representatives of retail marketers, of whom 1 shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual oilheat fuel sales.

   Inserted: "(C) 5 additional representatives of retail marketers.

   Inserted: "(D) 21 representatives of wholesale distributors.

   Inserted: "(E) 6 public members, who shall be representatives of significant users of oilheat fuel, the oilheat fuel research community, State energy officials, or other groups with expertise in oilheat fuel.

   Inserted: "(2) Full-time owners or employees.--

   Inserted: "(A) In general.--Except as provided in subparagraph (B), other than the public members of the Alliance, Alliance members shall be full-time managerial owners or employees of members of the oilheat fuel industry.

   Inserted: "(B) Employees.--Members described in subparagraphs (B), (C), and (D) of paragraph (1) may be employees of the qualified industry organization or an industry trade association.".

   Inserted: (e) Functions.--Section 706 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking "oilheat" each place it appears and inserting "oilheat fuel".

   Inserted: (f) Assessments.--Section 707 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended--

   Inserted: (1) by striking "oilheat" each place it appears and inserting "oilheat fuel";

   Inserted: (2) by striking subsection (a) and inserting the following:

   Inserted: "(a) Rate.--

   Inserted: "(1) In general.--The assessment rate for calendar years 2008 and 2009 shall be equal to \2/10\ of 1 cent per gallon of distillate liquid.

   Inserted: "(2) Subsequent assessments.--Subject to paragraphs (3) and (4), beginning with calendar year 2010, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance.

   Inserted: "(3) Maximum rate.--The annual assessment rate shall not exceed \1/2\ of 1 cent per gallon of distillate liquid.

   Inserted: "(4) Limitations on increase.--

   Inserted: "(A) In general.--The annual assessment shall not be increased by more than \1/2\ of 1 cent per gallon in any 1 year.

   Inserted: "(B) Approval.--No increase in the assessment may occur unless the increase is approved by \2/3\ of the members voting at a regularly scheduled meeting of the Alliance.

   Inserted: "(C) Notice.--The Alliance shall provide notice of a change in assessment at least 90 days before the date on which the change is to take effect.";

   Inserted: (3) in subsection (b)--

   Inserted: (A) by striking "No. 1 distillate or No. 2 dyed distillate" each place it appears and inserting "distillate liquid"; and

   Inserted: (B) in paragraphs (2)(B) and (5)(B), by striking "fuel" each place it appears and inserting "distillate liquid"; and

   Inserted: (4) in subsection (c), by striking "No. 1 distillate and No. 2 dyed distillate" and inserting "Distillate liquid".

   Inserted: (g) Market Survey and Consumer Protection.--Section 708 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking "oilheat" each place it appears and inserting "oilheat fuel".

   Inserted: (h) Violations.--Section 712(a) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended--

   Inserted: (1) in paragraph (2), by striking "oilheat" and inserting "oilheat fuel"; and

   Inserted: (2) by striking paragraph (3) and inserting the following:

   Inserted: "(3) a direct reference to a competing product.".

   Inserted: (i) Repeal of Sunset.--Section 713 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is repealed.

   Original wording

   At the end, add the following:

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As printed