---
kind: "section"
citation: "15 U.S.C. § 6408"
title: "15"
title_heading: "Commerce and Trade"
number: "6408"
heading: "Market survey and consumer protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/6408"
units:
  - "Chapter 90 — Propane Education and Research"
---

# §6408. Market survey and consumer protection

- (a) **Price analysis—** Beginning 2 years after establishment of the [Council](/usc/15/6402.md?p=1) and annually thereafter, the [Secretary](/usc/15/6402.md?p=11) of Commerce, using the refiner price to end users of consumer grade [propane](/usc/15/6402.md?p=6), as published by the Energy Information [Administration](/usc/15/636e.md?p=1) and other public sources, shall prepare and make available to the [Council](/usc/15/6402.md?p=1), the [Secretary](/usc/15/6402.md?p=11) of Energy, and the public an analysis of changes in the price of [propane](/usc/15/6402.md?p=6) relative to other energy sources. The [propane](/usc/15/6402.md?p=6) price analysis shall compare indexed changes in the price of consumer grade [propane](/usc/15/6402.md?p=6) to a composite of indexed changes in the price of residential electricity, 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 [propane](/usc/15/6402.md?p=6), residential electricity, residential natural gas, and end user No. 2 fuel oil prices, the [Secretary](/usc/15/6402.md?p=11) of Commerce shall use a 5-year rolling average price beginning with the year 4 years prior to the establishment of the [Council](/usc/15/6402.md?p=1).
- (b) **Authority to restrict activities—** If in any year the 5-year average rolling price index of consumer grade [propane](/usc/15/6402.md?p=6) exceeds the 5-year rolling average price composite index of residential electricity, residential natural 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](/usc/15/6402.md?p=1) shall be restricted to research and development, training, and safety matters. The [Council](/usc/15/6402.md?p=1) shall inform the [Secretary](/usc/15/6402.md?p=11) 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](/usc/15/6402.md?p=11) of Commerce shall again conduct the [propane](/usc/15/6402.md?p=6) price analysis described in [subsection (a)](#a). Activities of the [Council](/usc/15/6402.md?p=1) shall continue to be restricted under this subsection until the price index excess is 10.1 percent or less.

## Source credit

(Pub. L. 104–284, § 9, Oct. 11, 1996, 110 Stat. 3375; Pub. L. 113–269, § 2(b), Dec. 18, 2014, 128 Stat. 2947.)

## Notes

### Editorial Notes

### Amendments

2014—Subsec. (a). Pub. L. 113–269 substituted “the refiner price to end users of consumer grade propane, as published by the Energy Information Administration” for “only data provided by the Energy Information Administration”.