[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[House]
[Pages H10461-H10464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             NATIONAL OILHEAT RESEARCH ALLIANCE ACT OF 1998

  Mr. DAN SCHAEFER of Colorado. Madam Speaker, I move to suspend the 
rules and pass the bill (H.R. 3610) 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, as amended.
  The Clerk read as follows:

                               H.R. 3610

       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

[[Page H10462]]

     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,

     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 
     with the highest volume of annual oilheat sales.
       (4) 5 additional representatives of retail marketers.
       (5) 21 representatives of wholesale distributors.
       (6) 6 public members, who shall be representatives of 
     significant users of oilheat, the oilheat research community, 
     or other groups knowledgeable about oilheat.

     Other than the public members, Alliance members shall be 
     full-time employees or owners of businesses in the industry, 
     except that members described in paragraphs (3), (4), and (5) 
     may be employees of the qualified industry organization or an 
     industry trade association.
       (d) Compensation.--Alliance members shall receive no 
     compensation for their services, nor shall Alliance members 
     be reimbursed for expenses relating to their service, except 
     that public members, upon request, may be reimbursed for 
     reasonable expenses directly related to their participation 
     in Alliance meetings.
       (e) Terms.--Alliance members shall serve terms of 3 years 
     and may serve not more than 2 full consecutive terms. Members 
     filling unexpired terms may serve not more than a total of 7 
     consecutive years. Former members of the Alliance may be 
     returned to the Alliance if they have not been members for a 
     period of 2 years. Initial appointments to the Alliance shall 
     be for terms of 1, 2, and 3 years, as determined by the 
     qualified industry organization, staggered to provide for the 
     subsequent selection of one-third of the members each year.
       (f) Functions.--(1) The Alliance shall develop programs and 
     projects and enter into contracts or agreements for 
     implementing this Act, including programs--
       (A) to enhance consumer and employee safety and training;
       (B) to provide for research, development, and demonstration 
     of clean and efficient oilheat utilization equipment; and
       (C) for consumer education,

     and may provide for the payment of the costs thereof with 
     funds collected pursuant to this Act. The Alliance shall 
     coordinate its activities with industry trade associations 
     and others as appropriate to provide efficient delivery of 
     services and to avoid unnecessary duplication of activities.
       (2) Research, development, and demonstration activities 
     authorized under paragraph (1)(B) shall include all 
     activities incidental to research, development, and 
     demonstration of clean and efficient oilheat utilization 
     equipment. Such activities include obtaining a patent, 
     including payment of attorney's fees for making and 
     perfecting a patent application. Such activities do not 
     include research, development, and demonstration of oilheat 
     utilization equipment with respect to which technically 
     feasible and commercially feasible operations have been 
     verified, except that funds may be provided for improvements 
     to existing equipment until the technical feasibility and 
     commercial feasibility of the operation of those improvements 
     have been verified.
       (3) Activities authorized under paragraph (1) (A) or (B) 
     shall not include advertising, promotions, or consumer 
     surveys in support of advertising or promotions.
       (g) Priorities.--Issues related to research, development, 
     and demonstration, safety, consumer education, and training 
     shall be given priority

[[Page H10463]]

     by the Alliance in the development of its programs and 
     projects.
       (h) Administration.--The Alliance shall select from among 
     its members a Chairman and other officers as necessary, may 
     establish and authorize committees and subcommittees of the 
     Alliance to take specific actions the Alliance is authorized 
     to take, and shall adopt rules and bylaws for the conduct of 
     business and the implementation of this Act. The Alliance 
     shall establish procedures for the solicitation of industry 
     comment and recommendations on any significant plans, 
     programs, and projects to be funded by the Alliance. The 
     Alliance may establish advisory committees of persons 
     other than Alliance members. Each member of the Alliance 
     shall have 1 vote in matters before the Alliance.
       (i) Administrative Expenses.--(1) The administrative 
     expenses of operating the Alliance (not including costs 
     incurred in the collection of the assessment pursuant to 
     section 6) plus amounts paid under paragraph (2) shall not 
     exceed 7 percent of the funds collected in any fiscal year, 
     except that during the first year of its operation such 
     expenses and amounts shall not exceed 10 percent of such 
     funds.
       (2) The Alliance shall annually reimburse the Secretary for 
     costs incurred by the Federal Government relating to the 
     Alliance. Such reimbursement for any fiscal year shall not 
     exceed the amount that the Secretary determines is 2 times 
     the average annual salary of 1 employee of the Department of 
     Energy.
       (j) Budget.--Before August 1 each year, the Alliance shall 
     publish for public review and comment a budget plan for the 
     next calendar year, including the probable costs of all 
     programs, projects, and contracts and a recommended rate of 
     assessment sufficient to cover such costs. Following this 
     review and comment, the Alliance shall submit the proposed 
     budget to the Secretary and to the Congress. The Secretary 
     may recommend programs and activities the Secretary considers 
     appropriate. The Alliance shall not implement a proposed 
     budget until after receiving the Secretary's recommendations, 
     or after the expiration of 60 days after submitting the 
     proposed budget, whichever occurs first.
       (k) Records; Audits.--The Alliance shall keep books and 
     records that clearly reflect all of the acts and transactions 
     of the Alliance and make public such information. The books 
     of the Alliance, including fee assessment reports and 
     applications for refunds, shall be audited by a certified 
     public accountant at least once each fiscal year and at such 
     other times as the Alliance may designate. Copies of such 
     audit shall be provided to the Secretary, all members of the 
     Alliance, the qualified industry organization, and to other 
     members of the industry upon request. The Alliance shall 
     establish policies and procedures for auditing compliance 
     with this Act that shall conform with generally accepted 
     accounting principles. The Secretary shall make available to 
     the Alliance any information the Alliance requests for 
     auditing compliance, except for information the Secretary is 
     prohibited by law from releasing.
       (l) Public Access to Alliance Proceedings.--(1) All 
     meetings of the Alliance shall be open to the public after at 
     least 30 days advance public notice.
       (2) The minutes of all meetings of the Alliance shall be 
     made available to and readily accessible by the public.
       (m) Annual Report.--Each year the Alliance shall prepare 
     and make publicly available a report which includes an 
     identification and description of all programs and projects 
     undertaken by the Alliance during the previous year as well 
     as those planned for the coming year. Such report shall also 
     detail the allocation or planned allocation of Alliance 
     resources for each such program and project.
       (n) Calculation of Oilheat Sales.--For purposes of this 
     section, the volume of oilheat sold annually in a State shall 
     be determined on the basis of information provided by the 
     Energy Information Administration with respect to the 
     preceding calendar year or other equivalent period.

     SEC. 6. ASSESSMENTS.

       (a) Amount.--The Alliance shall set the initial assessment 
     at no greater than two tenths of 1 cent per gallon of No. 1 
     distillate and No. 2 dyed distillate. Thereafter, annual 
     assessments shall be sufficient to cover the costs of the 
     plans and programs developed by the Alliance, except that 
     under no circumstances shall the assessment be greater than 
     one-half cent per gallon of No. 1 distillate and No. 2 dyed 
     distillate unless approved by a majority of those voting in a 
     referendum in both the retail marketer class and the 
     wholesale distributor class. In no case may the assessment be 
     raised by more than one tenth of 1 cent per gallon of No. 1 
     distillate and No. 2 dyed distillate annually, and no 
     increases may occur unless approved by a two-thirds vote of 
     the Alliance.
       (b) Collection Rules.--The assessment shall be collected 
     upon the sale of No. 1 distillate and No. 2 dyed distillate 
     by a wholesale distributor to a person other than a wholesale 
     distributor, including a sale made pursuant to an exchange. 
     The wholesale distributor shall be responsible for payment of 
     the assessment to the Alliance and shall provide to the 
     Alliance certification of the volume of fuel sold. A person 
     who has no ownership interest in No. 1 distillate or No. 2 
     dyed distillate shall not be responsible for payment of an 
     assessment under this section. Assessments shall be made on 
     all No. 1 distillate and No. 2 dyed distillate sold in a 
     State that is participating in the Alliance, and are payable 
     to the Alliance on a quarterly basis. Any No. 1 distillate or 
     No. 2 dyed distillate previously assessed shall not be 
     subject to further assessment. A wholesale distributor who 
     fails within one year of sale to receive payments from a 
     purchaser for No. 1 distillate or No. 2 dyed distillate sold 
     may apply for a refund directly from the Alliance. Such 
     refund may not exceed the amount of the assessments levied 
     upon the No. 1 distillate and No. 2 dyed distillate for which 
     payment was not received. The owner of No. 1 distillate and 
     No. 2 dyed distillate imported after the point of 
     sale described in the first sentence of this subsection 
     shall be responsible for payment of the assessment to the 
     Alliance at the point at which the product enters the 
     United States, and shall provide to the Alliance 
     certification of the volume of fuel so imported.
       (c) Exclusions.--No. 1 distillate and No. 2 dyed distillate 
     sold for uses other than oilheat are excluded from the 
     assessment. The Alliance shall establish rules and procedures 
     for refunding to wholesale distributors, and to retail 
     marketers or other end users who purchase from a wholesale 
     distributor, assessments collected on excluded gallons.
       (d) Alternative Collection Rules.--The Alliance may 
     establish, or approve a State's request for, an alternative 
     means of collecting the assessment if another means is found 
     to be more efficient and effective. The Alliance may 
     establish a late payment charge and rate of interest to be 
     imposed on any person who fails to remit or pay to the 
     Alliance any amount due under this Act.
       (e) Investment of Funds.--Pending disbursement pursuant to 
     a program, plan, or project, the Alliance may invest funds 
     collected through assessments, and any other funds received 
     by the Alliance, only in obligations of the United States or 
     any agency thereof, in general obligations of any State or 
     any political subdivision thereof, in any interest-bearing 
     account or certificate of deposit of a bank that is a member 
     of the Federal Reserve System, or in obligations fully 
     guaranteed as to principal and interest by the United States.
       (f) State Programs.--
       (1) Coordination.--The Alliance shall establish a program 
     coordinating the operation of the Alliance with those of any 
     similar State, local, or regional program created by State 
     law or regulation, or similar entity.
       (2) Funds made available to qualified state associations.--
       (A) Base amount.--The Alliance shall make available to each 
     State's qualified State association 15 percent of the funds 
     raised in the State pursuant to the assessment under this 
     section.
       (B) Request for additional amount.--A qualified State 
     association may request that the Alliance provide any portion 
     of the remaining 85 percent of the funds raised in the State. 
     A request under this subparagraph shall--
       (i) specify the amount of funds requested;
       (ii) describe in detail the specific uses for which the 
     requested funds are sought;
       (iii) include a commitment to comply with this Act in using 
     the requested funds; and
       (iv) be made publicly available.

     The Alliance shall not provide any funds in response to a 
     request under this subparagraph unless it determines that the 
     funds will be used to directly benefit the oilheat industry. 
     The Alliance shall monitor the use of funds provided under 
     this subparagraph, and shall impose whatever terms, 
     conditions, and reporting requirements it considers necessary 
     to ensure compliance with this Act.

     SEC. 7. COMPLIANCE.

       The Alliance may bring suit in Federal court to compel 
     compliance with an assessment levied by the Alliance under 
     this Act. A successful action for compliance under this 
     section may also require payment by the defendant of the 
     costs incurred by the Alliance in bringing such action.

     SEC. 8. LOBBYING RESTRICTIONS.

       No funds collected by the Alliance shall be used in any 
     manner for influencing legislation or elections, except that 
     the Alliance may recommend to the Secretary changes in this 
     Act or other statutes that would further the purposes of this 
     Act.

     SEC. 9. DISCLOSURE.

       Any consumer education activity undertaken with funds 
     provided by the Alliance shall include a statement that the 
     activities were supported, in whole or in part, by the 
     Alliance.

     SEC. 10. VIOLATIONS.

       (a) Prohibition.--Any consumer education activity, 
     undertaken with funds provided by the Alliance, that 
     includes--
       (1) a reference to a private brand name;
       (2) a false or unwarranted claim on behalf of oilheat or 
     related products; or
       (3) a reference with respect to the attributes or use of 
     any competing product,

     is prohibited.
       (b) Filing and Transmittal of Complaints.--A public utility 
     aggrieved by a violation described in subsection (a) may file 
     a complaint. Such complaint shall be transmitted concurrently 
     to the Alliance and to any qualified State association 
     undertaking the consumer education activity with respect to 
     which the complaint is made. Upon receipt of a complaint 
     under this subsection, the Alliance, and any qualified State 
     association undertaking the consumer education activity with 
     respect to which the complaint is made, shall cease those 
     consumer education activities until--
       (1) the complaint is withdrawn; or
       (2) a court of jurisdiction has determined that the 
     consumer education activity complained of does not constitute 
     a violation of subsection (a).
       (c) Resolution by Parties.--Not later than 10 days after a 
     complaint is filed and transmitted under subsection (b), the 
     complaining party, the Alliance, and any qualified State 
     association undertaking the consumer education activity with 
     respect to which the complaint is made shall meet to attempt 
     to resolve the complaint. If the issues in dispute are 
     resolved in those discussions, the complainant shall withdraw 
     its complaint.

[[Page H10464]]

       (d) Judicial Review.--A public utility filing a complaint 
     under this section, the Alliance, a qualified State 
     association undertaking the consumer education activity with 
     respect to which a complaint under this section is made, or 
     any aggrieved person, may seek relief under this section in 
     Federal court. A public utility filing a complaint under this 
     section shall be entitled to temporary and injunctive relief 
     enjoining the consumer education activity with respect to 
     which a complaint under this section is made until--
       (1) the complaint is withdrawn; or
       (2) a court of jurisdiction has determined that the 
     consumer education activity complained of does not constitute 
     a violation of subsection (a).
       (e) Attorneys Fees.--In any case in Federal court in which 
     the court grants a public utility injunctive relief under 
     subsection (d), the public utility shall be entitled to 
     recover its attorneys fees from the Alliance and any 
     qualified State association undertaking the consumer 
     education activity with respect to which a complaint under 
     this section is made. In any case under subsection (d) in 
     which the court determines a complaint under subsection (b) 
     to be frivolous and without merit, the prevailing party shall 
     be entitled to recover its attorneys fees.

     SEC. 11. SUNSET.

       This Act shall cease to be effective 4 years after the date 
     on which the Alliance is established.

                              {time}  1715

  The SPEAKER pro tempore (Mrs. Emerson). Pursuant to the rule, the 
gentleman from Colorado (Mr. Dan Schaefer) and the gentleman from Texas 
(Mr. Hall) each will control 20 minutes.
  The Chair recognizes the gentleman from Colorado (Mr. Dan Schaefer).


                             General Leave

  Mr. DAN SCHAEFER of Colorado. Madam Speaker, I ask unanimous consent 
that all Members may have 5 legislative days within which to revise and 
extend their remarks on this legislation and to insert extraneous 
material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Colorado?
  There was no objection.
  Mr. DAN SCHAEFER of Colorado. Madam Speaker, I yield myself such time 
as I may consume.
  Madam Speaker, I rise in support of H.R. 3610, the National Oilheat 
Research Alliance Act. This bill, introduced by the gentleman from 
Pennsylvania (Mr. Greenwood) allows the oilheat industry to establish 
an oilheat checkoff fee to fund research development and consumer 
education programs related to oilheat.
  Oilheat plays an important role in keeping homes and businesses warm 
in the winter in many parts of this country. This legislation will give 
the oilheat industry greater resources to undertake research and 
development activities targeted at finding new and more efficient ways 
to use oilheat.
  Significantly, this bill which was proposed by the oilheat industry 
does not require the expenditure of significant amounts of Federal 
money. Through this bill, the oilheat industry is looking for ways to 
help itself, not a government handout.
  In particular, H.R. 3610 authorizes the oilheat industry to conduct a 
referendum among its retailers and wholesalers for the creation of a 
National Oilheat Research Alliance, NORA. If the oilheat industry 
approves such a referendum, NORA will be authorized to collect annual 
assessments from oilheat wholesalers to cover its planning and program 
costs.
  Madam Speaker, this is a good bill, and I urge its passage.
  Madam Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  (Mr. HALL of Texas asked and was given permission to revise and 
extend his remarks.)
  Madam Speaker, I rise in support of H.R. 3610, and I certainly want 
to thank the gentleman from Colorado (Chairman Dan Schaefer) and the 
gentleman from Virginia (Chairman Bliley) for bringing this bill to the 
floor. I compliment the gentleman from Pennsylvania (Mr. Greenwood) for 
working to improve the bill in committee to ensure that the funds are 
properly used.
  Madam Speaker, it is my understanding that both the heating oil 
industry and the gas industry are satisfied with this approach, and I 
appreciate their efforts to work this out.
  I am pleased to support the bill and I urge my colleagues to do the 
same.
  Mr. BLILEY. Mr. Speaker, I rise in support of H.R. 3610, the National 
Oilheat Research Alliance Act. This bill has strong support from the 
oilheat industry and Members of the Commerce Committee on both sides of 
the aisle.
  Oilheat is an important and economical source of home and commercial 
heating for many Americans and many residents of my home State, 
Virginia. It plays a vital role in keeping homes and businesses warm in 
the winter in many parts of the United States. In 1996, homes and 
businesses purchased more than 10 billion gallons of heating oil, with 
most of it concentrated in New England and the Mid-Atlantic.
  Oilheat is virtually the only home heating fuel without a national 
industry promotion program. Thus, in order for home heating fuel to 
compete with other home heating fuels on a fair and equitable basis, it 
must obtain greater resources. This bill would allow the oilheat 
industry to do research, education and marketing without using any 
Federal money. In particular, H.R. 3610 allows the heating oil industry 
to establish an oilheat check-off fee to fund research, development, 
and consumer education programs related to oilheat.
  The goals of this bill, to promote research and investment in 
encouraging the safe and efficient use of oilheat, are good. Even more 
importantly, this legislation allows the oilheat industry to fund these 
activities itself, rather than asking the Federal Government for 
funding. It is appropriate for the industry to pay for the development 
of new commercially applicable technologies which will benefit that 
industry.
  I commend the Subcommittee Chairman Mr. Schaefer and Mr. Greenwood, 
the legislation's chief sponsor, for their good work on this bill.
  Mr. HALL of Texas. Madam Speaker, I yield back the balance of my 
time.
  Mr. DAN SCHAEFER of Colorado. Madam Speaker, I again thank the 
gentleman from Texas (Mr. Hall) for working with us on this bill, and 
also the gentleman from Pennsylvania (Mr. Greenwood).
  Madam Speaker, I have no other speakers, and I yield back the balance 
of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Colorado (Mr. Dan Schaefer) that the House suspend the 
rules and pass the bill, H.R. 3610, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________