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H.R. 3611 (ih) To prohibit United States citizens from traveling into or through a country or area for which a United States passport is invalid. ...
Union Calendar No. 447 105th CONGRESS 2d Session H. R. 3610 [Report No. 105-787, Part I] _______________________________________________________________________ A BILL To authorize and facilitate a program to enhance training, research and development, energy conservation and efficiency, and consumer education in the oilheat industry for the benefit of oilheat consumers and the public, and for other purposes. _______________________________________________________________________ October 7, 1998 Committee on Science discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed Union Calendar No. 447 105th CONGRESS 2d Session H. R. 3610 [Report No. 105-787, Part I] To authorize and facilitate a program to enhance training, research and development, energy conservation and efficiency, and consumer education in the oilheat industry for the benefit of oilheat consumers and the public, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 31, 1998 Mr. Greenwood (for himself, Mr. Manton, Mr. Paxon, Mr. Engel, Mr. Oxley, Mr. Norwood, Mr. Shimkus, Mr. Stupak, Mr. Boehlert, Mr. Solomon, Mr. King, Mrs. McCarthy of New York, Mr. Holden, Mr. McDade, Mr. Andrews, Mrs. Roukema, Mr. Gekas, Mrs. Kennelly of Connecticut, Mr. McHale, Mr. Frelinghuysen, Mr. Ehrlich, Mr. Pappas, Mr. Weldon of Pennsylvania, Mr. Ackerman, Mr. Cardin, Mr. Hoyer, Mr. Neal of Massachusetts, Mr. Olver, Mr. Goode, Mr. Roemer, Mr. Fox of Pennsylvania, Mr. Meeks of New York, Mr. Bass, and Mr. Baldacci) introduced the following bill; which was referred to the Committee on Commerce October 6, 1998 Reported with an amendment and referred to the Committee on Science for a period ending not later than October 7, 1998, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(n), rule X [Strike out all after the enacting clause and insert the part printed in italic] October 7, 1998 Additional sponsors: Mr. Forbes, Ms. Furse, Mr. Weygand, Mr. English of Pennsylvania, Mrs. Morella, Mr. Kennedy of Massachusetts, Mr. Gilchrest, Mr. Davis of Virginia, Mr. McGovern, Mr. Ney, Mr. McNulty, Mr. Kennedy of Rhode Island, Mr. Peterson of Pennsylvania, Mr. Coburn, Ms. DeLauro, Mr. Pickett, Mr. Saxton, Mr. Burr of North Carolina, Mr. Menendez, Mr. Hefner, Mr. Hobson, Mr. Tierney, Mr. Metcalf, Mr. Delahunt, Mr. Traficant, Mr. Sawyer, Mrs. Myrick, Mr. Klink, Mr. Gejdenson, Mr. Manzullo, Mr. Etheridge, Mr. Franks of New Jersey, Mr. Pitts, Mr. Wolf, Mr. Bunning, Mr. Maloney of Connecticut, Mr. Boucher, Mr. Whitfield, Mr. Shays, Mr. Wynn, Mr. Goodling, Mr. Kanjorski, Ms. Pryce of Ohio, Mr. LaTourette, Mr. Pallone, Mr. Portman, Mr. Nethercutt, Mrs. Johnson of Connecticut, Mr. Sisisky, Mr. Meehan, Mr. Rangel, Mr. Klug, Mr. Ballenger, Mr. Doyle, Mr. Schumer, Ms. Carson, Mr. Camp, Mr. Lazio of New York, Mr. Rothman, Mr. Goodlatte, Mr. Hulshof, Mr. Gibbons, Mr. Upton, Mr. Allen, Mr. Payne, Mr. Pascrell, Mr. Smith of New Jersey, Mr. Price of North Carolina, Mr. Cummings, Mr. Baesler, Mr. Jones, Mr. Kind, Mr. Ehlers, Mr. Lewis of Kentucky, Mr. Johnson of Wisconsin, Mr. Hinchey, Mr. Talent, Mr. Strickland, Mrs. Clayton, Mr. Rogers, Mr. Shuster, Mr. Mica, Ms. Stabenow, Mr. Brown of Ohio, Ms. Hooley of Oregon, Mr. Scott, Mr. Gordon, Mr. Deal of Georgia, Mr. Bartlett of Maryland, Mr. Hastert, Mr. Deutsch, Mr. McIntyre, Mr. Bateman, Mr. Gilman, Mr. Ensign, Mr. Hall of Ohio, and Mrs. Lowey October 7, 1998 Committee on Science discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on March 31, 1998] _______________________________________________________________________ A BILL To authorize and facilitate a program to enhance training, research and development, energy conservation and efficiency, and consumer education in the oilheat industry for the benefit of oilheat consumers and the public, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Oilheat Research Alliance Act of 1998''. SEC. 2. FINDINGS. The Congress finds that-- (1) oilheat is an important commodity relied upon by approximately 30,000,000 Americans annually as an efficient and economical energy source for commercial and residential space and hot water heating; (2) oilheat equipment operates at efficiencies among the highest of any space heating energy source, reducing fuel costs and making oilheat an economical means of space heating; (3) the production, distribution, and marketing of oilheat and oilheat equipment plays a significant role in the economy of the United States accounting for approximately $12,900,000,000 in expenditures annually and employing millions of Americans in all aspects of the industry; (4) only very limited Federal resources have been made available for oilheat research, development, safety, training, and education efforts, to the detriment of both the oilheat industry and its 30,000,000 consumers; and (5) the cooperative development, self-financing, and implementation of a coordinated national oilheat industry program of research and development, training, and consumer education is necessary and important for the welfare of the oilheat industry, including wholesale distributors and retail marketers, as well as for the general economy of the United States and the millions of Americans who rely on oilheat for commercial and residential space and hot water heating. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Alliance'' means a National Oilheat Research Alliance created pursuant to section 4 of this Act; (2) the term ``consumer education'' means the provision of information that will assist consumers and other persons in making evaluations and decisions regarding oilheat and other nonindustrial commercial or residential space or hot water heating fuels; (3) the term ``exchange'' means an agreement that entitles each party or its customers to receive product from the other party and requires only an insubstantial portion of the volumes involved in the exchange to be settled in cash or property other than the product; (4) the term ``industry'' means those persons involved in the production, transportation, and sale of oilheat, and in the manufacture and distribution of oilheat utilization equipment, in the United States, but such term does not include the ultimate consumers of oilheat; (5) the term ``industry trade association'' means an organization exempt from tax, under section 501(c) (3) or (6) of the Internal Revenue Code of 1986, representing participants in the industry; (6) the term ``No. 1 distillate'' means fuel oil classified as No. 1 distillate by the American Society for Testing and Materials; (7) the term ``No. 2 dyed distillate'' means fuel oil classified as No. 2 distillate by the American Society for Testing and Materials which is indelibly dyed in accordance with regulations prescribed by the Secretary of the Treasury pursuant to section 4082(a)(2) of the Internal Revenue Code of 1986; (8) the term ``oilheat'' means-- (A) No. 1 distillate; or (B) No. 2 dyed distillate, which is used as a fuel for nonindustrial commercial or residential space or hot water heating; (9) the term ``public member'' means a member of the Alliance described in section 5(c)(6); (10) the term ``qualified industry organization'' means the National Association for Oilheat Research and Education or a successor organization; (11) the term ``qualified State association'' means the industry trade association or other organization that the qualified industry organization, or, after its establishment under this Act, the Alliance, determines best represents retail marketers in a State; (12) the term ``retail marketer'' means a person engaged primarily in the sale of oilheat to the ultimate consumer; (13) the term ``Secretary'' means the Secretary of Energy; and (14) the term ``wholesale distributor'' means a person who-- (A) produces; (B) imports; or (C) transports across State boundaries and among local marketing areas, and No. 1 distillate or No. 2 dyed distillate, and sells such distillate to another person who does not produce, import, or transport distillates as described in this paragraph. SEC. 4. REFERENDA. (a) Creation of Program.--The industry, through the qualified industry organization, may conduct, at its own expense, a referendum among retail marketers and wholesale distributors for the creation of a National Oilheat Research Alliance. The Alliance, if established, shall reimburse the qualified industry organization for the cost of referendum accounting and documentation. Such referendum shall be conducted by an independent auditing firm. Voting rights of a retail marketer in such referendum shall be based on the volume of oilheat sold in a State by the retail marketer in the previous calendar year or other representative period. Voting rights of a wholesale distributor in such referendum shall be based on the volume of No. 1 distillate and No. 2 dyed distillate sold in a State by the wholesale distributor in the previous calendar year or other representative period, weighted by the ratio of the total volume of No. 1 distillate and No. 2 dyed distillate sold for nonindustrial commercial and residential space and hot water heating in that State to the total volume of No. 1 distillate and No. 2 dyed distillate sold in that State. Upon approval of those persons representing two-thirds of the total volume of oilheat voted in the retail marketer class and two-thirds of the total weighted volume of No. 1 distillate and No. 2 dyed distillate voted in the wholesale distributor class, the Alliance shall be established, and shall be authorized to levy assessments in accordance with section 6. All persons voting in the referendum shall certify to the independent auditing firm the volume of oilheat, No. 1 distillate, or No. 2 dyed distillate represented by their vote. Except as provided in subsection (b), a State shall not participate in the Alliance if less than 50 percent of the retail marketer vote in that State, subject to the volumetric voting rules established by this subsection, is in favor of the creation of the Alliance. A qualified State association may notify the qualified industry organization within 90 days after the date of the enactment of this Act in writing that a referendum under this subsection will not be conducted in that State. (b) Subsequent State Participation.--A State that has not participated initially in the Alliance may subsequently elect to participate by conducting a referendum in accordance with subsection (a). (c) Termination or Suspension.--On the Alliance's own initiative, or on petition to the Alliance by retail marketers and wholesale distributors representing 35 percent of the volume of oilheat or weighted No. 1 distillate and No. 2 dyed distillate in each class, the Alliance shall, at its own expense, hold a referendum, to be conducted by an independent auditing firm selected by the Alliance, to determine whether the industry favors termination or suspension of the Alliance. Termination or suspension shall not take effect unless it is approved by persons representing more than one-half of the total volume of oilheat voted in the retail marketer class and more than one-half of the total volume of weighted No. 1 distillate and No. 2 dyed distillate voted in the wholesale distributor class, or is approved by persons representing more than two-thirds of the total volume of fuel voted in either such class. SEC. 5. NATIONAL OILHEAT RESEARCH ALLIANCE. (a) Selection of Members.--Except as otherwise provided in subsection (c)(3), the qualified industry organization shall select all members of the Alliance. The qualified industry organization shall select a member representing a State from a list of nominees submitted by that State's qualified State association. Vacancies in unfinished terms of Alliance members shall be filled in the same manner as were the original appointments. (b) Representation.--In selecting members of the Alliance, the qualified industry organization shall give due regard to selecting a Alliance that is representative of the industry, including representation of-- (1) interstate and intrastate operators among retail marketers; (2) wholesale distributors of No. 1 distillate and No. 2 dyed distillate; (3) large and small companies among wholesale distributors and retail marketers; and (4) diverse geographic regions of the country. (c) Membership.--The membership of the Alliance shall be as follows: (1) One member representing each State with oilheat sales in excess of 32,000,000 gallons per year. (2) If less than 24 States are represented under paragraph (1), one member representing each of the States with the highest volume of annual oilheat sales as necessary to cause the total number of States represented under paragraph (1) and this paragraph combined to equal 24. (3) 5 representatives of retail marketers, one each to be selected by the qualified State associations of the 5 States
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