42 U.S.C. § 705

MEMBERSHIP.

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“(a)Selection.—“(1)List.—“(A)In general.—The Alliance shall provide to the Secretary a list of qualified nominees for membership in the Alliance.“(B)Requirement.—Except as provided in subsection (c)(1)(C), members of the Alliance shall be representatives of the oilheat fuel industry in a State, selected from a list of nominees submitted by the qualified State association in the State.“(2)Vacancies.—A vacancy in the Alliance shall be filled in the same manner as the original selection.“(3)Secretarial action.—“(A)In general.—The Secretary shall have 60 days to review nominees provided under paragraph (1).“(B)Failure to act.—If the Secretary takes no action during the 60-day period described in subparagraph (A), the nominees shall be considered to be members of the Alliance.“(b)Representation.—In selecting members of the Alliance, the Alliance shall make best efforts to select members that are representative of the oilheat fuel 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)Number of Members.—“(1)In general.—The Alliance shall be composed of the following members:“(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, including consumer and low-income advocacy groups.“(2)Full-time owners or employees.—Other than the public members, Alliance members shall be full-time owners or employees of members of the oilheat fuel industry, except that members described in subparagraphs (C), (D), and (E) of paragraph (1) may be employees of an industry trade association.“(d)Compensation.—Alliance members shall receive no compensation for their service, nor shall Alliance members be reimbursed for expenses relating to their service, except that public members, on request, may be reimbursed for reasonable expenses directly related to participation in meetings of the Alliance.“(e)Terms.—“(1)In general.—Subject to paragraph (4), a member of the Alliance shall serve a term of 3 years, except that a member filling an unexpired term may serve a total of 7 consecutive years.“(2)Term limit.—A member may serve not more than two full consecutive terms.“(3)Former members.—A former member of the Alliance may be returned to the Alliance if the member has not been a member for a period of 2 years.“(4)Initial appointments.—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.

Notes of Decisions

Cited in 7 cases, 1968–2020 · leading case: United States v. Frazer, 317 F. Supp. 1079 (M.D. Ala. 1970).

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United States v. Frazer, 317 F. Supp. 1079 (M.D. Ala. 1970). “90-248, Title III, §§ 301, 304(a) ( 42 U.S.C.A. § 705 (a) (3)); Child Welfare Services, P.”

United States Ex Rel. Clark v. Frazer, 297 F. Supp. 319 (M.D. Ala. 1968). “90-248, Title III, §§ 301, 304(a) ( 42 U.S.C.A. § 705 (a) (3)); Child Welfare Services, P.”

Albino v. City of Chicago, 578 F. Supp. 1487 (N.D. Ill. 1983). “In order to receive funds, a state must have a plan which complies with the conditions set forth in 42 U.S.C. § 705 (1981). Section 705(a)(6) requires a state plan to “provide for payment of the reasonable cost of inpatient hospital services provided under the plan.”

Florida Dep't of Health & Rehabilitative Servs. v. Califano, 449 F. Supp. 274 (N.D. Fla. 1978). “§ 602 (a)(3) (Aid to Families with Dependent Children); 42 U.S.C. § 705 (a)(2) (Maternal and Child Health); 20 U.”

Florida Dept. of Health, Etc. v. Califano, 449 F. Supp. 274 (N.D. Fla. 1978). “§ 602 (a)(3) (Aid to Families with Dependent Children); 42 U.S.C. § 705 (a)(2) (Maternal and Child Health); 20 U.”

Cooper v. Berger (N.C. Ct. App. 2019). “42 U.S.C. § 705 (2018). By statute, “[t]he State health agency of each State shall be responsible for the administration (or supervision of the administration) of programs carried out with [MCHBG] allotments.”

Cooper v. Berger (N.C. 2020). “42 U.S.C. § 705 (a); id. § 709(b). The funds issued under the program must then be spent in accordance with that application.”

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