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Propane and Heating Oil: Federal Oversight of the Propane Education and Research Council and National Oilheat Research Alliance Should Be Strengthened

GAO-10-583 Published: Jun 30, 2010. Publicly Released: Aug 05, 2010.
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Highlights

Millions of Americans use propane and oil heat for such purposes as heating and cooking. Congress authorized creation of the Propane Education and Research Council (PERC) in 1996 and the National Oilheat Research Alliance (NORA) in 2000 to provide research and development, safety and training, and consumer education for propane and oil heat, as the highest priority activities. Congressional deliberations on the groups' creation emphasized providing funding for research and development. PERC and NORA fund operations by assessing fees on propane and oil heat sales. GAO examined (1) how PERC and NORA spent assessments collected; (2) the extent to which their reported activities help strategic goals; (3) the extent to which key statutory requirements were met; and (4) the extent of federal oversight. GAO analyzed the Propane and Oilheat Acts and PERC and NORA documents and interviewed representatives of PERC, NORA, and the Departments of Energy (DOE) and Commerce.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
As it considers whether to reauthorize NORA, or if it decides it wishes to amend PERC's authorizing statute, Congress may wish to impose greater specificity on the requirements it has established and to establish mechanisms to enhance compliance with those requirements. Specifically, Congress may wish to consider specifying any prioritization of activities it wants to be undertaken (for example, by ranking research and development, safety and training, and consumer education, and specifying the expected range of assessments to be spent on each), and detailing more specifically which activities are prohibited (such as those involving lobbying).
Closed – Implemented
When the National Oilheat Research Alliance Act (Oilheat Act) was reauthorized in February 2014, an organization affiliated with the National Oilheat Research Alliance (NORA) worked with Members of Congress to amend the Oilheat Act to, among other things, specify the expected range of assessments to be spent by NORA or the state associations on certain of the activities and to add some specificity to the lobbying restriction. With respect to the Propane Education and Research Council, although Congress made technical clarifications to the Propane Education and Research Act in 2014, it did not address the suggestions we made in 2010.
As it considers whether to reauthorize NORA, or if it decides it wishes to amend PERC's authorizing statute, Congress may wish to impose greater specificity on the requirements it has established and to establish mechanisms to enhance compliance with those requirements. Specifically, Congress may wish to consider subjecting PERC's and NORA's activities to review, interpretation and approval by an independent, designated entity that is directed to conduct such review, interpretation and approval. In that regard, Congress may wish to specify a federal oversight role by requiring DOE to monitor and oversee the expenditure of PERC and NORA funds, including authorizing DOE to oversee and enforce, among other provisions, the prohibitions against use of assessment funds for certain lobbying activities and require PERC funds and NORA funds granted to qualified state associations to be segregated in separate accounts, apart from other funds collected and used by those associations.
Closed – Implemented
When the National Oilheat Research Alliance Act (Oilheat Act) was reauthorized in February 2014, an organization affiliated with the National Oilheat Research Alliance (NORA) worked with Members of Congress to amend the Oilheat Act so that as a condition of receiving funds from NORA, each state association is to deposit the funds in an account that is separate from other funds of the qualified state association. As a result, it will be easier to determine if NORA funds are being used for unauthorized activities. According to available information, the National Propane Education and Research Act of 1996 (Propane Act) has not been amended.
As it considers whether to reauthorize NORA, or if it decides it wishes to amend PERC's authorizing statute, Congress may wish to impose greater specificity on the requirements it has established and to establish mechanisms to enhance compliance with those requirements. Specifically, Congress may wish to consider establishing a specific enforcement mechanism, such as monetary penalties or other consequences of non-compliance and expressly authorizing DOE to refer any potential violations of law to appropriate enforcement authorities.
Closed – Implemented
When the National Oilheat Research Alliance Act of 2000 (the Oilheat Act)was reauthorized in February 2014, an organization affiliated with the National Oilheat Research Alliance (NORA) worked with Members of Congress to amend the Oilheat Act to, among other things, provide that in the event of a violation of the act, the Secretary of Energy is to notify Congress of the noncompliance and provide notice of the noncompliance on NORA?s website. With respect to the Propane Education and Research Council, although Congress made technical clarifications to the Propane Education and Research Act in 2014, it did not address this suggestion we made in 2010.

Full Report

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Mark E. Gaffigan
Managing Director
Natural Resources and Environment

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Sarah Kaczmarek
Managing Director
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Topics

Consumer educationCost analysisCrude oilEnergy consumptionEnergy researchFinancial analysisFuel researchFuelsFunds managementHeatingPetroleum productsPrices and pricingReporting requirementsResearch and developmentResearch programsStrategic planningUse of funds