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(B) shall provide to the Alliance certifi-
cation of the volume of fuel imported.
(6) LATE PAYMENT CHARGE.—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 title.
(7) ALTERNATIVE COLLECTION RULES.—The Al-
liance may establish, or approve a request of the
oilheat industry in a State for, an alternative means
of collecting the assessment if another means is deter-
mined to be more efficient or more effective.
(c) SALE FOR USE OTHER THAN AS OILHEAT.—No.
1 distillate and No. 2 dyed distillate sold for uses other than
as oilheat are excluded from the assessment.
(d) INVESTMENT OF FUNDS.—Pending disbursement
under a program, project or contract or other agreement
the Alliance may invest funds collected through assessments,
and any other funds received by the Alliance, only—
(1) in obligations of the United States or any
agency of the United States;
(2) in general obligations of any State or any
political subdivision of a State;
(3) in any interest-bearing account or certificate
of deposit of a bank that is a member of the Federal
Reserve System; or
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(4) in obligations fully guaranteed as to prin-
cipal and interest by the United States.
(e) STATE, LOCAL, AND REGIONAL PROGRAMS.—
(1) COORDINATION.—The Alliance shall establish
a program coordinating the operation of the Alliance
with the operator of any similar State, local, or re-
gional program created under State law (including a
regulation), or similar entity.
(2) FUNDS
MADE
AVAILABLE
TO
QUALIFIED
STATE ASSOCIATIONS.—
(A) IN GENERAL.—
(i) BASE AMOUNT.—The Alliance shall
make available to the qualified State asso-
ciation of each State an amount equal to 15
percent of the amount of assessments col-
lected in the State.
(ii) ADDITIONAL AMOUNT.—
(I) IN
GENERAL.—A qualified
State association may request that the
Alliance provide to the association any
portion of the remaining 85 percent of
the amount of assessments collected in
the State.
(II) REQUEST REQUIREMENTS.—
A request under this clause shall—
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(aa) specify the amount of
funds requested;
(bb) describe in detail the
specific uses for which the re-
quested funds are sought;
(cc) include a commitment to
comply with this title in using the
requested funds; and
(dd) be made publicly avail-
able.
(III) DIRECT BENEFIT.—The Alli-
ance shall not provide any funds in re-
sponse to a request under this clause
unless the Alliance determines that the
funds will be used to directly benefit
the oilheat industry.
(IV) MONITORING; TERMS, CONDI-
TIONS, 
AND
REPORTING
REQUIRE-
MENTS.—The Alliance shall—
(aa) monitor the use of funds
provided under this clause; and
(bb) impose whatever terms,
conditions, and reporting require-
ments that the Alliance considers
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necessary to ensure compliance
with this title.
SEC. 708. MARKET SURVEY AND CONSUMER PROTECTION.
(a) PRICE ANALYSIS.—Beginning 2 years after estab-
lishment of the Alliance and annually thereafter, the Sec-
retary of Commerce, using only data provided by the En-
ergy Information Administration and other public sources,
shall prepare and make available to the Congress, the Alli-
ance, 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 com-
posite of indexed changes in the price of residential elec-
tricity, 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 Commerce 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 com-
posite index of residential electricity, residential natural
gas, and propane in an amount greater than 10.1 percent,
the activities of the Alliance shall be restricted to research
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and development, training, and safety matters. The Alli-
ance 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 re-
striction of activities, the Secretary of Commerce shall
again conduct the oilheat price analysis described in sub-
section (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 ac-
tion in United States district court to compel payment of
an assessment under section 707.
(b) COSTS.—A successful action for compliance under
this section 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 fur-
ther the purposes of this title.
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SEC. 711. 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. 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 ag-
grieved by a violation described in subsection (a) may
file a complaint with the Alliance.
(2) TRANSMITTAL TO QUALIFIED STATE ASSOCIA-
TION.—A complaint 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
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any qualified State association undertaking the con-
sumer education activity with respect to which the
complaint is made, shall cease that consumer edu-
cation 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 undertaking the consumer
education activity with respect to which the com-
plaint 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 com-
plaining party shall withdraw its complaint.
(d) JUDICIAL REVIEW.—
(1) IN GENERAL.—A public utility filing a com-
plaint 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 person aggrieved by a viola-
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tion 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 ac-
tivity 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 con-
sumer education 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 in-
junctive relief under subsection (d), the public utility
shall be entitled to recover an attorney’s fee from the
Alliance and any qualified State association under-
taking 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 com-
plaint under subsection (b) to be frivolous and with-
out merit, the prevailing party shall be entitled to re-
cover an attorney’s fee.
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(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.
Attest:
Secretary.
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