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 con-
servation and efficiency, and consumer education
in the oilheat industry for the benefit of oilheat
consumers and the public, and for other pur-
poses.
OCTOBER 7, 1998
Committee on Science discharged; committed to the Com-
mittee of the Whole House on the State of the Union
and ordered to be printed
IB
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 Pennsyl-
vania, 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. ROTH-
MAN, 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. ROG-
ERS, 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 effi-
ciency, 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Oilheat Re-
search 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 annu-
ally as an efficient and economical energy source for
commercial and residential space and hot water heat-
ing;
(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, safe-
ty, training, and education efforts, to the detriment of
both the oilheat industry and its 30,000,000 consum-
ers; and
(5) the cooperative development, self-financing,
and implementation of a coordinated national oilheat
industry program of research and development, train-
ing, and consumer education is necessary and impor-
tant 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 com-
mercial 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 deci-
sions regarding oilheat and other nonindustrial com-
mercial 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 in-
substantial portion of the volumes involved in the ex-
change to be settled in cash or property other than the
product;
(4) the term ‘‘industry’’ means those persons in-
volved 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 Soci-
ety for Testing and Materials which is indelibly dyed
in accordance with regulations prescribed by the Sec-
retary 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 organi-
zation 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 ulti-
mate 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, im-
port, 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 reim-
burse the qualified industry organization for the cost of ref-
erendum 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 mar-
keter in the previous calendar year or other representative
period. Voting rights of a wholesale distributor in such ref-
erendum 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 represent-
ative period, weighted by the ratio of the total volume of
No. 1 distillate and No. 2 dyed distillate sold for nonindus-
trial commercial and residential space and hot water heat-
ing 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 Alli-
ance 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 in-
dustry 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 sub-
sequently 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 mar-
keters 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 independ-
ent 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 organi-
zation 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 re-
tail 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 rep-
resented 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 market-
ers.
(5) 21 representatives of wholesale distributors.
(6) 6 public members, who shall be representa-
tives of significant users of oilheat, the oilheat re-
search 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 mem-
bers be reimbursed for expenses relating to their service, ex-
cept that public members, upon request, may be reimbursed
for reasonable expenses directly related to their participa-
tion 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 Alli-
ance 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 deter-
mined by the qualified industry organization, staggered to
provide for the subsequent selection of one-third of the mem-
bers each year.
(f) FUNCTIONS.—(1) The Alliance shall develop pro-
grams 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 utiliza-
tion 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 co-
ordinate 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 activi-
ties authorized under paragraph (1)(B) shall include all ac-
tivities incidental to research, development, and demonstra-
tion of clean and efficient oilheat utilization equipment.
Such activities include obtaining a patent, including pay-
ment of attorney’s fees for making and perfecting a patent
application. Such activities do not include research, devel-
opment, 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, develop-
ment, and demonstration, safety, consumer education, and
training shall be given priority by the Alliance in the devel-
opment of its programs and projects.
(h) ADMINISTRATION.—The Alliance shall select from
among its members a Chairman and other officers as nec-
essary, may establish and authorize committees and sub-
committees of the Alliance to take specific actions the Alli-
ance 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 solicita-
tion of industry comment and recommendations on any sig-
nificant 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 administra-
tive expenses of operating the Alliance (not including costs
incurred in the collection of the assessment pursuant to sec-
tion 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 ex-
penses and amounts shall not exceed 10 percent of such
funds.
(2) The Alliance shall annually reimburse the Sec-
retary for costs incurred by the Federal Government relat-
ing 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 pro-
posed budget to the Secretary and to the Congress. The Sec-
retary may recommend programs and activities the Sec-
retary considers appropriate. The Alliance shall not imple-
ment 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 trans-
actions 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 in-
cludes 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 pro-
vided by the Energy Information Administration with re-
spect to the preceding calendar year or other equivalent pe-
riod.
SEC. 6. ASSESSMENTS.
(a) AMOUNT.—The Alliance shall set the initial assess-
ment at no greater than two tenths of 1 cent per gallon
of No. 1 distillate and No. 2 dyed distillate. Thereafter, an-
nual 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 col-
lected upon the sale of No. 1 distillate and No. 2 dyed dis-
tillate 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 pro-
vide 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 re-
sponsible 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 dis-
tillate sold for uses other than oilheat are excluded from
the assessment. The Alliance shall establish rules and proce-
dures 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 alter-
native 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 obli-
gations 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 simi-
lar entity.
(2) FUNDS
MADE
AVAILABLE
TO
QUALIFIED
STATE ASSOCIATIONS.—
(A) BASE
AMOUNT.—The Alliance shall
make available to each State’s qualified State as-
sociation 15 percent of the funds raised in the
State pursuant to the assessment under this sec-
tion.
(B) REQUEST FOR ADDITIONAL AMOUNT.—
A qualified State association may request that
the Alliance provide any portion of the remain-
ing 85 percent of the funds raised in the State.
A request under this subparagraph shall—
(i) specify the amount of funds re-
quested;
(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 re-
sponse to a request under this subparagraph un-
less 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 com-
pel 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 in-
cludes—
(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 sub-
section (a) may file a complaint. Such complaint shall be
transmitted concurrently to the Alliance and to any quali-
fied 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 con-
sumer education activity with respect to which the com-
plaint is made, shall cease those consumer education activi-
ties 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 ac-
tivity 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.
(d) JUDICIAL REVIEW.—A public utility filing a com-
plaint under this section, the Alliance, a qualified State as-
sociation 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 re-
spect 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 quali-
fied State association undertaking the consumer education
activity with respect to which a complaint under this sec-
tion 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.