of the costs incurred by the Council in bringing such
action.
SEC. 8. LOBBYING RESTRICTIONS.
No funds collected by the Council shall be used in
any manner for influencing legislation or elections, except
that the Council may recommend to the Secretary changes
in this Act or other statutes that would further the pur-
poses of this Act.
SEC. 9. MARKET SURVEY AND CONSUMER PROTECTION.
(a) PRICE ANALYSIS.—Beginning 2 years after es-
tablishment of the Council 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 Council,
the Secretary of Energy, and the public an analysis of
changes in the price of propane relative to other energy
sources. The propane price analysis shall compare indexed
changes in the price of consumer grade propane to a com-
posite of indexed changes in the price of residential elec-
tricity, residential natural gas, and refiner price to end
users of No. 2 fuel oil on an annual national average basis.
For purposes of indexing changes in consumer grade pro-
pane, residential electricity, residential natural gas, and
end user No. 2 fuel oil 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 Council.
(b) AUTHORITY TO RESTRICT ACTIVITIES.—If in any
year the 5-year average rolling price index of consumer
grade propane exceeds the 5-year rolling average price
composite index of residential electricity, residential natu-
ral gas, and refiner price to end users of No. 2 fuel oil
in an amount greater than 10.1 percent, the activities of
the Council shall be restricted to research and develop-
ment, training, and safety matters. The Council shall in-
form the Secretary of Energy and the Congress of any
restriction of activities under this subsection. Upon expira-
tion of 180 days after the beginning of any such restric-
tion of activities, the Secretary of Commerce shall again
conduct the propane price analysis described in subsection
(a). Activities of the Council shall continue to be restricted
under this subsection until the price index excess is 10.1
percent or less.
SEC. 10. PRICING.
In all cases, the price of propane shall be determined
by market forces. Consistent with the antitrust laws, the
Council may take no action, nor may any provision of this
Act be interpreted as establishing an agreement to pass
along to consumers the cost of the assessment provided
for in section 6.
SEC. 11. RELATION TO OTHER PROGRAMS.
Nothing in this Act may be construed to preempt or
supersede any other program relating to propane edu-
cation and research organized and operated under the laws
of the United States or any State.
SEC. 12. REPORTS.
Within 2 years after the date of enactment of this
Act, and at least once every 2 years thereafter, the Sec-
retary of Commerce shall prepare and submit to the Con-
gress and the Secretary a report examining whether oper-
ation of the Council, in conjunction with the cumulative
effects of market changes and Federal programs, has had
an effect on propane consumers, including residential, ag-
riculture, process, and nonfuel users of propane. The Sec-
retary of Commerce shall consider and, to the extent prac-
ticable, shall include in the report submissions by propane
consumers, and shall consider whether there have been
long-term and short-term effects on propane prices as a
result of Council activities and Federal programs, and
whether there have been changes in the proportion of pro-
pane demand attributable to various market segments. To
the extent that the report demonstrates that there has
been an adverse effect, the Secretary of Commerce shall
include recommendations for correcting the situation.
Upon petition by affected parties or upon request by the
Secretary of Energy, the Secretary of Commerce may pre-
pare and submit the report required by this section at less
than 2-year intervals.
Passed the House of Representatives September 4,
1996.
Attest:
Clerk.