II 

110TH CONGRESS 

2D SESSION S. 3442 

To reauthorize the National Oilheat Reliance Alliance Act of 2000, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2008 

Mr. REED (for himself and Ms. SNOWE) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To reauthorize the National Oilheat Reliance Alliance Act 

of 2000, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. NATIONAL OILHEAT RESEARCH ALLIANCE ACT 

4 OF 2000. 

5 (a) FINDINGS.—Section 702 of the National Oilheat 

6 Research Alliance Act of 2000 (42 U.S.C. 6201 note; Pub7 lic Law 106–469) is amended by striking ‘‘oilheat’’ each 

8 place it appears and inserting ‘‘oilheat fuel’’. 


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1 (b) DEFINITIONS.—Section 703 of the National 

2 Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 

3 note; Public Law 106–469) is amended— 

4 (1) by striking ‘‘oilheat’’ each place it appears 

5 (other than paragraph (10)) and inserting ‘‘oilheat 

6 fuel’’; 

7 (2) by striking paragraph (7) and inserting the 

8 following: 

9 ‘‘(7) OILHEAT FUEL.—The term ‘oilheat fuel’ 

10 means distillate liquid that is used as a fuel for non11 industrial commercial or residential space or hot 

12 water heating.’’; 

13 (3) in paragraph (8), by striking ‘‘OILHEAT’’ 

14 and inserting ‘‘OILHEAT FUEL’’; 

15 (4) in paragraph (14)— 

16 (A) by striking ‘‘No. 1 distillate or No. 2 

17 dyed distillate’’ each place it appears and in18 serting ‘‘distillate liquid’’; and 

19 (B) in subparagraph (B), by striking ‘‘sells 

20 the distillate’’ and inserting ‘‘sells the distillate 

21 liquid’’; 

22 (5) by redesignating paragraphs (3) through 

23 (13) and (14) as paragraphs (4) through (14) and 

24 (16), respectively, and moving paragraph (16) (as so 

25 redesignated) to appear after paragraph (15); and 


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1 (6) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) DISTILLATE LIQUID.—The term ‘distillate 

4 liquid’ means— 

5 ‘‘(A) No. 1 distillate; 

6 ‘‘(B) No. 2 dyed distillate; or 

7 ‘‘(C) a liquid blended with No. 1 distillate 

8 or No. 2 dyed distillate.’’. 

9 (c) REFERENDA.—Section 704 of the National 

10 Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 

11 note; Public Law 106–469) is amended— 

12 (1) by striking ‘‘oilheat’’ each place it appears 

13 and inserting ‘‘oilheat fuel’’; 

14 (2) by striking ‘‘No. 1 distillate and No. 2 dyed 

15 distillate’’ each place it appears in subsections (a) 

16 and (c) and inserting ‘‘distillate liquid’’; 

17 (3) in subsection (a)— 

18 (A) in paragraph (5)(B), by striking ‘‘Ex19 cept as provided in subsection (b), the’’ and in20 serting ‘‘The’’; and 

21 (B) in paragraph (6), by striking ‘‘, No. 1 

22 distillate, or No. 2 dyed distillate’’ and inserting 

23 ‘‘or distillate liquid’’; and 

24 (4) in subsection (b), by striking ‘‘under’’ and 

25 inserting ‘‘consistent with’’. 


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1 (d) MEMBERSHIP.—Section 705 of the National 

2 Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 

3 note; Public Law 106–469) is amended— 

4 (1) by striking ‘‘oilheat’’ each place it appears 

5 and inserting ‘‘oilheat fuel’’; 

6 (2) in subsection (b)(2), by striking ‘‘No. 1 dis7 tillate and No. 2 dyed distillate’’ and inserting ‘‘dis8 tillate liquid’’; and 

9 (3) by striking subsection (c) and inserting the 

10 following: 

11 ‘‘(c) NUMBER OF MEMBERS.— 

12 ‘‘(1) IN GENERAL.—The membership of the Al13 liance shall be as follows: 

14 ‘‘(A) 1 member representing each State 

15 participating in the Alliance. 

16 ‘‘(B) 5 representatives of retail marketers, 

17 of whom 1 shall be selected by each of the 

18 qualified State associations of the 5 States with 

19 the highest volume of annual oilheat fuel sales. 

20 ‘‘(C) 5 additional representatives of retail 

21 marketers. 

22 ‘‘(D) 21 representatives of wholesale dis23 tributors. 

24 ‘‘(E) 6 public members, who shall be rep25 resentatives of significant users of oilheat fuel, 


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1 the oilheat fuel research community, State en2 ergy officials, or other groups with expertise in 

3 oilheat fuel. 

4 ‘‘(2) FULL-TIME OWNERS OR EMPLOYEES.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), other than the public mem7 bers of the Alliance, Alliance members shall be 

8 full-time managerial owners or employees of 

9 members of the oilheat fuel industry. 

10 ‘‘(B) EMPLOYEES.—Members described in 

11 subparagraphs (B), (C), and (D) of paragraph 

12 (1) may be employees of the qualified industry 

13 organization or an industry trade association.’’. 

14 (e) FUNCTIONS.—Section 706 of the National 

15 Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 

16 note; Public Law 106–469) is amended by striking 

17 ‘‘oilheat’’ each place it appears and inserting ‘‘oilheat 

18 fuel’’. 

19 (f) ASSESSMENTS.—Section 707 of the National 

20 Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 

21 note; Public Law 106–469) is amended— 

22 (1) by striking ‘‘oilheat’’ each place it appears 

23 and inserting ‘‘oilheat fuel’’; 

24 (2) by striking subsection (a) and inserting the 

25 following: 


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1 ‘‘(a) RATE.— 

2 ‘‘(1) IN GENERAL.—The assessment rate for 

calendar years 2008 and 2009 shall be equal to 2 3 ⁄10

4 of 1 cent per gallon of distillate liquid. 

5 ‘‘(2) SUBSEQUENT ASSESSMENTS.—Subject to 

6 paragraphs (3) and (4), beginning with calendar 

7 year 2010, the annual assessment rate shall be suffi8 cient to cover the costs of the plans and programs 

9 developed by the Alliance. 

10 ‘‘(3) MAXIMUM RATE.—The annual assessment 

rate shall not exceed 1 11 ⁄2 of 1 cent per gallon of dis12 tillate liquid. 

13 ‘‘(4) LIMITATIONS ON INCREASE.— 

14 ‘‘(A) IN GENERAL.—The annual assessment shall not be increased by more than 1 15 ⁄2 of 

16 1 cent per gallon in any 1 year. 

17 ‘‘(B) APPROVAL.—No increase in the as18 sessment may occur unless the increase is approved by 2 19 ⁄3 of the members voting at a regu20 larly scheduled meeting of the Alliance. 

21 ‘‘(C) NOTICE.—The Alliance shall provide 

22 notice of a change in assessment at least 90 

23 days before the date on which the change is to 

24 take effect.’’; 

25 (3) in subsection (b)— 


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1 (A) by striking ‘‘No. 1 distillate or No. 2 

2 dyed distillate’’ each place it appears and in3 serting ‘‘distillate liquid’’; and 

4 (B) in paragraphs (2)(B) and (5)(B), by 

5 striking ‘‘fuel’’ each place it appears and insert6 ing ‘‘distillate liquid’’; and 

7 (4) in subsection (c), by striking ‘‘No. 1 dis8 tillate and No. 2 dyed distillate’’ and inserting ‘‘Dis9 tillate liquid’’. 

10 (g) MARKET SURVEY AND CONSUMER PROTEC11 TION.—Section 708 of the National Oilheat Research Alli12 ance Act of 2000 (42 U.S.C. 6201 note; Public Law 106– 

13 469) is amended by striking ‘‘oilheat’’ each place it ap14 pears and inserting ‘‘oilheat fuel’’. 

15 (h) VIOLATIONS.—Section 712(a) of the National 

16 Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 

17 note; Public Law 106–469) is amended— 

18 (1) in paragraph (2), by striking ‘‘oilheat’’ and 

19 inserting ‘‘oilheat fuel’’; and 

20 (2) by striking paragraph (3) and inserting the 

21 following: 

22 ‘‘(3) a direct reference to a competing prod23 uct.’’. 


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1 (i) REPEAL OF SUNSET.—Section 713 of the Na2 tional Oilheat Research Alliance Act of 2000 (42 U.S.C. 

3 6201 note; Public Law 106–469) is repealed. 

Æ 


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