[Page S7401]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5184. Mr. REED (for himself and Ms. Snowe) submitted an amendment 
intended to be proposed by him to the bill S. 3268, to amend the 
Commodity Exchange Act, to prevent excessive price speculation with 
respect to energy commodities, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

              TITLE _--NATIONAL OILHEAT RESEARCH ALLIANCE

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

       (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''.
       (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--
       (1) by striking ``oilheat'' each place it appears (other 
     than paragraph (10)) and inserting ``oilheat fuel'';
       (2) by striking paragraph (7) and inserting the following:
       ``(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.'';
       (3) in paragraph (8), by striking ``Oilheat'' and inserting 
     ``Oilheat fuel'';
       (4) in paragraph (14)--
       (A) by striking ``No. 1 distillate or No. 2 dyed 
     distillate'' each place it appears and inserting ``distillate 
     liquid''; and
       (B) in subparagraph (B), by striking ``sells the 
     distillate'' and inserting ``sells the distillate liquid'';
       (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
       (6) by inserting after paragraph (2) the following:
       ``(3) Distillate liquid.--The term `distillate liquid' 
     means--
       ``(A) No. 1 distillate;
       ``(B) No. 2 dyed distillate; or
       ``(C) a liquid blended with No. 1 distillate or No. 2 dyed 
     distillate.''.
       (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--
       (1) by striking ``oilheat'' each place it appears and 
     inserting ``oilheat fuel'';
       (2) by striking ``No. 1 distillate and No. 2 dyed 
     distillate'' each place it appears in subsections (a) and (c) 
     and inserting ``distillate liquid'';
       (3) in subsection (a)--
       (A) in paragraph (5)(B), by striking ``Except as provided 
     in subsection (b), the'' and inserting ``The''; and
       (B) in paragraph (6), by striking ``, No. 1 distillate, or 
     No. 2 dyed distillate'' and inserting ``or distillate 
     liquid''; and
       (4) in subsection (b), by striking ``under'' and inserting 
     ``consistent with''.
       (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--
       (1) by striking ``oilheat'' each place it appears and 
     inserting ``oilheat fuel'';
       (2) in subsection (b)(2), by striking ``No. 1 distillate 
     and No. 2 dyed distillate'' and inserting ``distillate 
     liquid''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) Number of Members.--
       ``(1) In general.--The membership of the Alliance shall be 
     as follows:
       ``(A) 1 member representing each State participating in the 
     Alliance.
       ``(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.
       ``(C) 5 additional representatives of retail marketers.
       ``(D) 21 representatives of wholesale distributors.
       ``(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.
       ``(2) Full-time owners or employees.--
       ``(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.
       ``(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.''.
       (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''.
       (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--
       (1) by striking ``oilheat'' each place it appears and 
     inserting ``oilheat fuel'';
       (2) by striking subsection (a) and inserting the following:
       ``(a) Rate.--
       ``(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.
       ``(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.
       ``(3) Maximum rate.--The annual assessment rate shall not 
     exceed \1/2\ of 1 cent per gallon of distillate liquid.
       ``(4) Limitations on increase.--
       ``(A) In general.--The annual assessment shall not be 
     increased by more than \1/2\ of 1 cent per gallon in any 1 
     year.
       ``(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.
       ``(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.'';
       (3) in subsection (b)--
       (A) by striking ``No. 1 distillate or No. 2 dyed 
     distillate'' each place it appears and inserting ``distillate 
     liquid''; and
       (B) in paragraphs (2)(B) and (5)(B), by striking ``fuel'' 
     each place it appears and inserting ``distillate liquid''; 
     and
       (4) in subsection (c), by striking ``No. 1 distillate and 
     No. 2 dyed distillate'' and inserting ``Distillate liquid''.
       (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''.
       (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--
       (1) in paragraph (2), by striking ``oilheat'' and inserting 
     ``oilheat fuel''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) a direct reference to a competing product.''.
       (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.
                                 ______