[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2539 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2539

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 SENATE OF THE UNITED STATES

            October 1 (legislative day, September 29), 1998

   Ms. Snowe (for herself, Mr. Torricelli, Mr. Ford, and Mr. Gorton) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
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.

    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.

    Congress finds that--
            (1) oilheat is an important commodity relied on by 
        approximately 30,000,000 Americans 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 industry program of 
        research and development, training, and consumer education is 
        necessary and important for the welfare of the industry, the 
        general economy of the United States, and the millions of 
        Americans that rely on oilheat for commercial and residential 
        space and hot water heating.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Alliance.--The term ``Alliance'' means a national 
        oilheat research alliance created under section 4.
            (2) Consumer education.--The term ``consumer education'' 
        means the provision of information to 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) Exchange.--The term ``exchange'' means an agreement 
        that--
                    (A) entitles each party or its customers to receive 
                product from the other party; and
                    (B) requires only an insubstantial portion of the 
                volumes involved in the exchange to be settled in cash 
                or property other than the product.
            (4) Industry.--
                    (A) In general.--The term ``industry'' means--
                            (i) persons in the production, 
                        transportation, or sale of oilheat; and
                            (ii) persons engaged in the manufacture or 
                        distribution of oilheat utilization equipment.
                    (B) Exclusion.--The term ``industry'' does not 
                include ultimate consumers of oilheat.
            (5) Industry trade association.--The term ``industry trade 
        association'' means an organization described in paragraph (3) 
        or (6) of section 501(c) of the Internal Revenue Code of 1986 
        that is exempt from taxation under section 501(a) of the Code 
        and is organized for the purpose of representing the industry.
            (6) No. 1 distillate.--The term ``No. 1 distillate'' means 
        fuel oil classified as No. 1 distillate by the American Society 
        for Testing and Materials.
            (7) No. 2 dyed distillate.--The term ``No. 2 dyed 
        distillate'' means fuel oil classified as No. 2 distillate by 
        the American Society for Testing and Materials that is 
        indelibly dyed in accordance with regulations prescribed by the 
        Secretary of the Treasury under section 4082(a)(2) of the 
        Internal Revenue Code of 1986.
            (8) Oilheat.--The term ``oilheat'' means--
                    (A) No. 1 distillate; and
                    (B) No. 2 dyed distillate,
        that is used as a fuel for nonindustrial commercial or 
        residential space or hot water heating.
            (9) Public member.--The term ``public member'' means a 
        member of the Alliance described in section 5(c)(6).
            (10) Qualified industry organization.--The term ``qualified 
        industry organization'' means the National Association for 
        Oilheat Research and Education or a successor organization.
            (11) Qualified state association.--The term ``qualified 
        State association'' means the industry trade association or 
        other organization that the qualified industry organization or 
        the Alliance determines best represents retail marketers in a 
        State.
            (12) Retail marketer.--The term ``retail marketer'' means a 
        person engaged primarily in the sale of oilheat to ultimate 
        consumers.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (14) Wholesale distributor.--The term ``wholesale 
        distributor'' means a person that--
                    (A)(i) produces No. 1 distillate or No. 2 dyed 
                distillate;
                    (ii) imports No. 1 distillate or No. 2 dyed 
                distillate; or
                    (iii) transports No. 1 distillate or No. 2 dyed 
                distillate across State boundaries and among local 
                marketing areas; and
                    (B) sells the distillate to another person that 
                does not produce, import, or transport distillates 
                across State boundaries and among local marketing 
                areas.

SEC. 4. REFERENDA.

    (a) Creation of Program.--
            (1) In general.--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.
            (2) Reimbursement of cost.--The Alliance, if established, 
        shall reimburse the qualified industry organization for the 
        cost of referendum accounting and documentation.
            (3) Conduct.--A referendum under paragraph (1) shall be 
        conducted by an independent auditing firm.
            (4) Voting rights.--
                    (A) Retail marketers.--Voting rights of retail 
                marketers in a referendum under paragraph (1) shall be 
                based on the volume of oilheat sold in a State by each 
                retail marketer in the calendar year previous to the 
                year in which the referendum is conducted or in another 
                representative period.
                    (B) Wholesale distributors.--Voting rights of 
                wholesale distributors in a referendum under paragraph 
                (1) 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 calendar year previous to 
                the year in which the referendum is conducted or in 
                another 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 the State to 
                the total volume of No. 1 distillate and No. 2 dyed 
                distillate sold in that State.
            (5) Establishment by approval of two-thirds.--
                    (A) In general.--Subject to subparagraph (B), on 
                approval of 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 
                under section 6.
                    (B) Requirement of majority of retail marketers.--
                Except as provided in subsection (b), the industry in a 
                State shall not participate in the Alliance if less 
                than 50 percent of the retail marketer vote in the 
                State approves creation of the Alliance.
            (6) Certification of volumes.--Each person 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 the vote of the person.
            (7) Notification.--Not later than 90 days after the date of 
        enactment of this Act, a qualified State association may notify 
        the qualified industry organization in writing that a 
        referendum under paragraph (1) will not be conducted in the 
        State.
    (b) Subsequent State Participation.--The industry in a State that 
has not participated initially in the Alliance may subsequently elect 
to participate by conducting a referendum under subsection (a).
    (c) Termination or Suspension.--
            (1) In general.--On the initiative of the Alliance 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.
            (2) Volume percentages required to terminate or suspend.--
        Termination or suspension shall not take effect unless 
        termination or suspension is approved by--
                    (A) 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
                    (B) persons representing more than two-thirds of 
                the total volume of fuel voted in either such class.
    (d) Calculation of Oilheat Sales.--For the purposes of this section 
and section 5, 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. 5. MEMBERSHIP.

    (a) Selection.--
            (1) In general.--Except as provided in subsection (c)(3), 
        the qualified industry organization shall select members of the 
        Alliance representing the industry in a State from a list of 
        nominees submitted by the qualified State association in the 
        State.
            (2) Vacancies.--A vacancy in unfinished terms of Alliance 
        members shall be filled in the same manner as the original 
        selection.
    (b) Representation.--In selecting members of the Alliance, the 
qualified industry organization shall give due regard to selecting 
members that are 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) Number of Members.--
            (1) In general.--The membership of the Alliance shall be as 
        follows:
                    (A) One member representing each State with oilheat 
                sales in excess of 32,000,000 gallons per year.
                    (B) If fewer than 24 States are represented under 
                subparagraph (A), 1 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 subparagraph (A) and this 
                subparagraph to equal 24.
                    (C) 5 representatives of retail marketers, 1 each 
                to be selected by the qualified State associations of 
                the 5 States with the highest volume of annual oilheat 
                sales.
                    (D) 5 additional representatives of retail 
                marketers.
                    (E) 21 representatives of wholesale distributors.
                    (F) 6 public members, who shall be representatives 
                of significant users of oilheat, the oilheat research 
                community, or other groups knowledgeable about oilheat.
            (2) Full-time owners or employees.--Other than the public 
        members, Alliance members shall be full-time owners or 
        employees of members of the industry, except that members 
        described in subparagraphs (C), (D), and (E) of paragraph (1) 
        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, 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 2 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.

SEC. 6. FUNCTIONS.

    (a) In General.--
            (1) Programs, projects; contracts and other agreements.--
        The Alliance--
                    (A) shall develop programs and projects and enter 
                into contracts or other agreements for implementing 
                this Act, including programs--
                            (i) to enhance consumer and employee safety 
                        and training;
                            (ii) to provide for research, development, 
                        and demonstration of clean and efficient 
                        oilheat utilization equipment; and
                            (iii) for consumer education; and
                    (B) may provide for the payment of the costs with 
                assessments collected under section 7.
            (2) Coordination.--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.
            (3) Activities.--
                    (A) In general.--Activities under clause (i) or 
                (ii) of paragraph (1)(A) shall not include advertising, 
                promotions, or consumer surveys in support of 
                advertising or promotions.
                    (B) Research, development, and demonstration 
                activities.--
                            (i) In general.--Research, development, and 
                        demonstration activities under paragraph 
                        (1)(A)(ii) shall include--
                                    (I) all activities incidental to 
                                research, development, and 
                                demonstration of clean and efficient 
                                oilheat utilization equipment; and
                                    (II) the obtaining of patents, 
                                including payment of attorney's fees 
                                for making and perfecting a patent 
                                application.
                            (ii) Activities excluded.--Research, 
                        development, and demonstration activities under 
                        paragraph (1)(A)(ii) shall 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.
    (b) Priorities.--In the development of programs and projects, the 
Alliance shall give priority to issues related to--
            (1) research, development, and demonstration;
            (2) safety;
            (3) consumer education; and
            (4) training.
    (c) Administration.--
            (1) Officers; committees; bylaws.--The Alliance shall--
                    (A) select from among its members a chairperson and 
                other officers as necessary;
                    (B) may establish and authorize committees and 
                subcommittees of the Alliance to take specific actions 
                that the Alliance is authorized to take; and
                    (C) shall adopt bylaws for the conduct of business 
                and the implementation of this Act.
            (2) Solicitation of industry comment and recommendations.--
        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.
            (3) Advisory committees.--The Alliance may establish 
        advisory committees of persons other than Alliance members.
            (4) Voting.--Each member of the Alliance shall have 1 vote 
        in matters before the Alliance.
    (d) Administrative Expenses.--
            (1) In general.--The administrative expenses of operating 
        the Alliance (not including costs incurred in the collection of 
        the assessment under section 7) plus amounts paid under 
        paragraph (2) shall not exceed 7 percent of the amount of 
        assessments collected in any fiscal year, except that during 
        the first year of operation of the Alliance such expenses and 
        amounts shall not exceed 10 percent of the amount of 
        assessments.
            (2) Reimbursement of the secretary.--
                    (A) In general.--The Alliance shall annually 
                reimburse the Secretary for costs incurred by the 
                Federal Government relating to the Alliance.
                    (B) Limitation.--Reimbursement under subparagraph 
                (A) 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.
    (e) Budget.--
            (1) Publication of proposed budget.--Before August 1 each 
        year, the Alliance shall publish for public review and comment 
        a proposed budget 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.
            (2) Submission to the secretary and congress.--After review 
        and comment under paragraph (1), the Alliance shall submit the 
        proposed budget to the Secretary and Congress.
            (3) Recommendations by the secretary.--The Secretary may 
        recommend programs and activities that the Secretary considers 
        appropriate.
            (4) Implementation.--The Alliance shall not implement a 
        proposed budget until after receiving recommendations from the 
        Secretary, or after expiration of 60 days after submitting the 
        proposed budget, whichever occurs first.
    (f) Records; Audits.--
            (1) Records.--The Alliance shall--
                    (A) keep records that clearly reflect all of the 
                acts and transactions of the Alliance; and
                    (B) make the records available to the public.
            (2) Audits.--
                    (A) In general.--The records 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.
                    (B) Availability of audit reports.--Copies of each 
                audit report shall be provided to all members of the 
                Alliance, the qualified industry organization, and to 
                other members of the industry on request.
                    (C) Policies and procedures.--The Alliance shall 
                establish policies and procedures for auditing 
                compliance with this Act.
            (3) Information from the secretary.--The Secretary shall 
        make available to the Alliance any information that the 
        Alliance requests for auditing compliance, except for 
        information that the Secretary is prohibited by law from 
        releasing.
    (g) Public Access to Alliance Proceedings.--
            (1) Public notice.--The Alliance shall give at least 30 
        days' public notice of each meeting of the Alliance.
            (2) Meetings open to the public.--Each meeting of the 
        Alliance shall be open to the public.
            (3) Minutes.--The minutes of each meeting of the Alliance 
        shall be made available to and readily accessible by the 
        public.
    (h) Annual Report.--Each year the Alliance shall prepare and make 
publicly available a report that--
            (1) includes a description of all programs and projects 
        undertaken by the Alliance during the previous year and those 
        planned for the current year; and
            (2) details the allocation of Alliance resources for each 
        such program and project.

SEC. 7. ASSESSMENTS.

    (a) Rate.--
            (1) First year of operation.--The Alliance shall set the 
        assessment rate for the first year of operation of the Alliance 
        at not more than two-tenths-cent per gallon of No. 1 distillate 
        and No. 2 dyed distillate.
            (2) Subsequent years.--The Alliance shall set the 
        assessment rate for years following the first year of operation 
        at a rate that is sufficient to cover the costs of the plans 
        and programs developed by the Alliance, except that--
                    (A) the assessment shall not 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; and
                    (B) the assessment shall not be raised by more than 
                one-tenth-cent per gallon of No. 1 distillate or No. 2 
                dyed distillate in any year, and no increase may occur 
                unless approved by a two-thirds vote of the Alliance.
    (b) Collection Rules.--
            (1) Collection at point of sale.--The assessment shall be 
        collected at the point of 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.
            (2) Responsibility for payment.--A wholesale distributor--
                    (A) shall be responsible for payment of an 
                assessment to the Alliance on a quarterly basis; and
                    (B) shall provide to the Alliance certification of 
                the volume of fuel sold.
            (3) No ownership interest.--A person that 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.
            (4) Failure to receive payment.--
                    (A) Refund.--A wholesale distributor that does not 
                receive payments from a purchaser for No. 1 distillate 
                or No. 2 dyed distillate within 1 year of the date of 
                sale may apply for a refund from the Alliance.
                    (B) Amount.--The amount of a refund shall not 
                exceed the amount of the assessment levied on the No. 1 
                distillate or No. 2 dyed distillate for which payment 
                was not received.
            (5) Importation after point of sale.--The owner of No. 1 
        distillate or No. 2 dyed distillate imported after the point of 
        sale--
                    (A) shall be responsible for payment of the 
                assessment to the Alliance at the point at which the 
                product enters the United States; and
                    (B) shall provide to the Alliance certification 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 Act.
            (7) Alternative collection rules.--The Alliance may 
        establish, or approve a request of the industry in a State for, 
        an alternative means of collecting the assessment if another 
        means is determined 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, 
plan, or project, 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
            (4) in obligations fully guaranteed as to principal 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 those of any 
        similar State, local, or regional 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 association of 
                        each State an amount equal to 15 percent of the 
                        amount of assessments collected in the State.
                            (ii) Additional amount.--
                                    (I) In general.--A qualified State 
                                association may request that the 
                                Alliance provide any portion of the 
                                remaining 85 percent of the assessments 
                                collected in the State.
                                    (II) Request requirements.--A 
                                request under this subparagraph shall--
                                            (aa) specify the amount of 
                                        funds requested;
                                            (bb) describe in detail the 
                                        specific uses for which the 
                                        requested funds are sought;
                                            (cc) include a commitment 
                                        to comply with this Act in 
                                        using the requested funds; and
                                            (dd) be made publicly 
                                        available.
                                    (III) Direct benefit.--The Alliance 
                                shall not provide any funds in response 
                                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, conditions, 
                                and reporting requirements.--The 
                                Alliance shall--
                                            (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 Act.

SEC. 8 COMPLIANCE.

    (a) In General.--The Alliance may bring a civil action in United 
States district court to compel payment of an assessment under section 
7.
    (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 such action.

SEC. 9. LOBBYING RESTRICTIONS.

    No assessments collected by the Alliance shall be used to influence 
legislation or elections, except that the Alliance may recommend to the 
Secretary amendments to this Act or other laws that would further the 
purposes of this Act.

SEC. 10. 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. 11. VIOLATIONS.

    (a) Prohibition.--It shall be unlawful for any person to conduct a 
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.
    (b) Complaints.--
            (1) In general.--A public utility aggrieved by a violation 
        described in subsection (a) may file a complaint with the 
        Comptroller General of the United States.
            (2) Transmittal to the alliance.--A 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.
            (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 those 
        consumer education activities until--
                    (A) the complaint is withdrawn; or
                    (B) the Comptroller General of the United States 
                determines that there has been no violation.
    (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 complaint is made shall meet to attempt to resolve 
        the complaint.
            (2) Notification of progress.--Not later than 20 days after 
        a complaint is filed and transmitted under subsection (b), the 
        parties shall notify the Comptroller General of the United 
        States of the progress of their discussions.
            (3) Withdrawal of complaint.--If the issues in dispute are 
        resolved in those discussions, the complainant shall withdraw 
        its complaint.
    (d) Determination by the Comptroller General.--
            (1) In general.--Not later than 90 days after receiving a 
        complaint under subsection (b), unless the complaint has been 
        withdrawn, the Comptroller General of the United States shall 
        make a determination whether the consumer education activity 
        complained of violates subsection (a).
            (2) No violation.--If the Comptroller General of the United 
        States determines that no violation has occurred, the 
        complainant may not file another complaint relating to the same 
        consumer education activity.
    (e) Judicial Review.--A public utility filing a complaint under 
this section, the Alliance, or a qualified State association 
undertaking the consumer education activity with respect to which a 
complaint under this section is made may seek relief in United States 
district court to enforce or review a determination by the Comptroller 
General of the United States under subsection (d), or to otherwise 
require compliance with this section.

SEC. 12. SUNSET.

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