H. R. 2884—24
(aa) monitor the use of funds provided
under this clause; and
(bb) impose whatever terms, conditions,
and reporting requirements that the Alliance
considers necessary to ensure compliance with
this title.
SEC. 708. MARKET SURVEY AND CONSUMER PROTECTION.
(a) PRICE ANALYSIS.—Beginning 2 years after establishment
of the Alliance and annually thereafter, the Secretary of Commerce,
using only data provided by the Energy Information Administration
and other public sources, shall prepare and make available to
the Congress, the Alliance, the Secretary of Energy, and the public,
an analysis of changes in the price of oilheat relative to other
energy sources. The oilheat price analysis shall compare indexed
changes in the price of consumer grade oilheat to a composite
of indexed changes in the price of residential electricity, residential
natural gas, and propane on an annual national average basis.
For purposes of indexing changes in oilheat, residential electricity,
residential natural gas, and propane prices, the Secretary of Com-
merce shall use a 5-year rolling average price beginning with the
year 4 years prior to the establishment of the Alliance.
(b) AUTHORITY TO RESTRICT ACTIVITIES.—If in any year the
5-year average price composite index of consumer grade oilheat
exceeds the 5-year rolling average price composite index of residen-
tial electricity, residential natural gas, and propane in an amount
greater than 10.1 percent, the activities of the Alliance shall be
restricted to research and development, training, and safety mat-
ters. The Alliance shall inform the Secretary of Energy and the
Congress of any restriction of activities under this subsection. Upon
expiration of 180 days after the beginning of any such restriction
of activities, the Secretary of Commerce shall again conduct the
oilheat price analysis described in subsection (a). Activities of the
Alliance shall continue to be restricted under this subsection until
the price index excess is 10.1 percent or less.
SEC. 709. COMPLIANCE.
(a) IN GENERAL.—The Alliance may bring a civil action in
United States district court to compel payment of an assessment
under section 707.
(b) COSTS.—A successful action for compliance under this sec-
tion may also require payment by the defendant of the costs
incurred by the Alliance in bringing the action.
SEC. 710. LOBBYING RESTRICTIONS.
No funds derived from assessments under section 707 collected
by the Alliance shall be used to influence legislation or elections,
except that the Alliance may use such funds to formulate and
submit to the Secretary recommendations for amendments to this
title or other laws that would further the purposes of this title.
SEC. 711. DISCLOSURE.
Any consumer education activity undertaken with funds pro-
vided by the Alliance shall include a statement that the activities
were supported, in whole or in part, by the Alliance.
H. R. 2884—25
SEC. 712. VIOLATIONS.
(a) PROHIBITION.—It shall be unlawful for any person to conduct
a consumer education activity, undertaken with funds derived from
assessments collected by the Alliance under section 707, 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.
(b) COMPLAINTS.—
(1) IN GENERAL.—A public utility that is aggrieved by a
violation described in subsection (a) may file a complaint with
the Alliance.
(2) TRANSMITTAL TO QUALIFIED STATE ASSOCIATION.—A com-
plaint shall be transmitted concurrently to any qualified State
association undertaking the consumer education activity with
respect to which the complaint is made.
(3) CESSATION OF ACTIVITIES.—On 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 that con-
sumer education activity until—
(A) the complaint is withdrawn; or
(B) a court determines that the conduct of the activity
complained of does not constitute a violation of subsection
(a).
(c) RESOLUTION BY PARTIES.—
(1) IN GENERAL.—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 under-
taking the consumer education activity with respect to which
the complaint is made shall meet to attempt to resolve the
complaint.
(2) WITHDRAWAL OF COMPLAINT.—If the issues in dispute
are resolved in those discussions, the complaining party shall
withdraw its complaint.
(d) JUDICIAL REVIEW.—
(1) IN GENERAL.—A public utility filing a complaint under
this section, the Alliance, a qualified State association under-
taking the consumer education activity with respect to which
a complaint under this section is made, or any person aggrieved
by a violation of subsection (a) may seek appropriate relief
in United States district court.
(2) RELIEF.—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—
(A) the complaint is withdrawn; or
(B) the court has determined that the consumer edu-
cation activity complained of does not constitute a violation
of subsection (a).
(e) ATTORNEY’S FEES.—
(1) MERITORIOUS CASE.—In a case in Federal court in which
the court grants a public utility injunctive relief under sub-
section (d), the public utility shall be entitled to recover an
H. R. 2884—26
attorney’s fee from the Alliance and any qualified State associa-
tion undertaking the consumer education activity with respect
to which a complaint under this section is made.
(2) NONMERITORIOUS CASE.—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 an attorney’s fee.
(f ) SAVINGS CLAUSE.—Nothing in this section shall limit causes
of action brought under any other law.
SEC. 713. SUNSET.
This title shall cease to be effective as of the date that is
4 years after the date on which the Alliance is established.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.