Energy Tax Act of 1978
Public Law 95-618 · H.R. 5263 · 95th Congress · began in the House
Signed by Jimmy Carter (D) on Nov 9, 1978 · Foreign Trade and International Finance
Major law
Sponsor: Rep. Daniel Rostenkowski (D-IL-8)
Cosponsors: None
Passage votesYeaNay
- HouseRecorded vote: 231 yea, 168 nay231–168
- SenateRecorded vote: 60 yea, 17 nay60–17
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Energy Tax Act - =Title I: Residential Energy Credit= - Amends the Internal Revenue Code to allow an income tax credit to an individual for an amount equal to the sum of: (1) 15 percent of the energy conservation expenditures up to a maximum of $2,000; and (2) 30 percent of qualified renewable energy source expenditures for solar, wind, and geothermal energy equipment as does not exceed $2,000 plus 20 percent of such expenditures as exceeds $2,000 but does not exceed $10,000. Provides for a credit carryover to the extent that such credit exceeds the taxpayer's tax liability.
=Title II: Transportation= - Imposes a gas guzzler excise tax on the sale by a manufacturer of each automobile that falls below a specified gasoline efficiency standard for each model year. Imposes such tax on automobiles weighing less than 6,000 pounds. Imposes a tax equal to $200 for an automobile efficiency rating of 14 to 15 miles per gallon in 1980 which is increased to $1,800 in 1985. Imposes such tax at a maximum rate equal to $550 in 1980 for efficiency ratings below 13 miles per gallon and increased to $3,850 in 1986 for efficiency ratings of less than 12.5 miles per gallon. Exempts certain vehicles from the tax.
Provides that no tax shall be imposed on the sale of any gasoline: (1) in a mixture with alcohol, if at least ten percent of the mixture is alcohol; or (2) for use in producing a mixture at least ten percent of which is alcohol. Applies to sales or use from January 1, 1979, to September 30, 1984.
Directs the Secretary of Energy, in consultation with the Secretary of the Treasury and the Secretary of Transportation, to submit annual reports through 1984 to the Congress on the use of alcohol in fuel.
Denies the refund or credit of excise taxes on gasoline if such gasoline is used by a person for non-business, off-highway purposes or for motorboats. Retains a $.02 a gallon tax reduction for gas used in commercial fishing vessels or for business use.
Repeals the ten percent excise tax on all buses and the eight percent excise tax on bus parts and accessories.
Repeals the excise taxes on tires, inner tubes, tread rubber, gasoline, other motor fuels, and lubricating oil sold for use with intercity, local, and school buses.
Revises the investment tax credit with respect to commuter vans to make the applicable percentage 100 percent for vans with a useful life of at least three years.
Excludes from the gross income of an employee the value of transportation furnished by an employer to and from the employee's place of employment in a commuter van.
=Title III: Changes in Business Investment Credit to Encourage Conservation of, or Conversion from, Oil and Gas or to Encourage New Energy Technology= - Allows a ten percent tax credit to offset tax liability for each of the following qualified investments placed in service between October 1, 1978, and January 1, 1983: (1) alternative energy property such as nuclear, geothermal, and solar power equipment; (2) specially defined energy property which reduces the amount of energy consumed; and (3) energy property such as recycling equipment, shale oil equipment, and equipment for producing natural gas from geopressured brine.
=Title IV: Miscellaneous Provisions= - Provides for a depletion deduction for geothermal resources located in the United States beginning at 22 percent on October 1, 1978, and decreasing to 15 percent after 1983. Provides for a ten percent depletion deduction for natural gas produced from geopressured brine from wells drilled from October 1, 1978, to December 30, 1983.
Grants the option to deduct as expenses intangible drilling and development costs in the case of wells drilled in the United States, for any geothermal deposit.
Continues and extends the minimum tax provisions for excess intangible drilling costs of individuals which are applicable to oil and gas production income to include income from geothermal resources and natural gas produced from geopressured brine. Extends the recapture provisions for oil and gas property to include geothermal wells. Extends the risk limitation of losses which may be deducted for exploiting oil and gas to include geothermal resources.
Exempts new lubricating oil from the $.06 per gallon excise tax if it is combined with rerefined oil and the new oil makes up 55 percent or less of the mixture.
Who voted for it
Every House member of the 95th Congress on the ideology compass. Highlighted: the 238 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.
238 yea174 nay18 present or did not vote
Democrats who voted yea(188)
- Rep. Edward RoybalD-CA-25
- Rep. Anthony BeilensonD-CA-23
Rep. Charlie RangelD-NY-19- Rep. Don EdwardsD-CA-10
- Rep. James CormanD-CA-21
- Rep. Frederick RichmondD-NY-14
- Rep. Gus HawkinsD-CA-29
- Rep. Robert GarciaD-NY-21
- Rep. Richard BollingD-MO-5
- Rep. Benjamin RosenthalD-NY-8
- Rep. Robert NixD-PA-2
- Rep. Jonathan BinghamD-NY-22
- Rep. Frank ThompsonD-NJ-4
- Rep. George BrownD-CA-36
- Rep. Cardiss CollinsD-IL-7
- Rep. Lloyd MeedsD-WA-2
- Rep. George DanielsonD-CA-30
- Rep. Daniel RostenkowskiD-IL-8
- Rep. Charles DiggsD-MI-13
- Rep. William BurlisonD-MO-10
- Rep. John SeiberlingD-OH-14
- Rep. Paul SimonD-IL-24
- Rep. William FordD-MI-15
- Rep. Barbara JordanD-TX-18
- Rep. Robert EckhardtD-TX-8
- Rep. John BrademasD-IN-3
- Rep. Stephen SolarzD-NY-13
- Rep. Charles PriceD-IL-23
- Rep. Edward PattenD-NJ-15
- Rep. James HowardD-NJ-3
- Rep. Harold JohnsonD-CA-1
Rep. Daniel AkakaD-HI-2- Rep. James WrightD-TX-12
- Rep. Michael HarringtonD-MA-6
- Rep. Dante FascellD-FL-15
Rep. John DingellD-MI-16- Rep. William BrodheadD-MI-17
- Rep. Henry ReussD-WI-5
- Rep. Norman MinetaD-CA-13
- Rep. James ScheuerD-NY-11
- Rep. Ozzie MyersD-PA-1
- Rep. William MoorheadD-PA-14
- Rep. Daniel FloodD-PA-11
- Rep. Claude PepperD-FL-14
- Rep. John FaryD-IL-5
- Rep. Joseph AddabboD-NY-7
- Rep. Clement ZablockiD-WI-4
- Rep. John MurphyD-NY-17
- Rep. Albert UllmanD-OR-2
- Rep. Sidney YatesD-IL-9
- Rep. Abner MikvaD-IL-10
- Rep. Teno RoncalioD-WY
- Rep. Raymond LedererD-PA-3
- Rep. Alvin BaldusD-WI-3
- Rep. Harold FordD-TN-8
- Rep. Robert DuncanD-OR-3
- Rep. Jerry PattersonD-CA-38
- Rep. Harley StaggersD-WV-2
- Rep. Lionel Van DeerlinD-CA-42
- Rep. Morris UdallD-AZ-2
- Rep. Joseph LeFanteD-NJ-14
- Rep. Carl PerkinsD-KY-7
- Rep. Frederick RooneyD-PA-15
- Rep. Frank AnnunzioD-IL-11
- Rep. Helen MeynerD-NJ-13
- Rep. Gerry StuddsD-MA-12
- Rep. James WeaverD-OR-4
- Rep. Thomas AshleyD-OH-9
- Rep. John MoakleyD-MA-9
- Rep. Bill AlexanderD-AR-1
- Rep. Fernand St. GermainD-RI-1
- Rep. Leslie AspinD-WI-1
- Rep. Morgan MurphyD-IL-2
- Rep. Robert GiaimoD-CT-3
- Rep. Lucien NedziD-MI-14
- Rep. John JenretteD-SC-6
Rep. John MurthaD-PA-12
Rep. Nick RahallD-WV-4- Rep. Don BonkerD-WA-3
- Rep. Paul TsongasD-MA-5
- Rep. Jack BrooksD-TX-9
- Rep. Thomas DowneyD-NY-2
- Rep. Charles RoseD-NC-7
Rep. Christopher DoddD-CT-2- Rep. Neal SmithD-IA-4
Rep. Norm DicksD-WA-6- Rep. James DelaneyD-NY-9
- Rep. John YoungD-TX-14
- Rep. Thomas FoleyD-WA-5
- Rep. Ray ThorntonD-AR-4
- Rep. James TuckerD-AR-2
- Rep. Mike McCormackD-WA-4
- Rep. William CotterD-CT-1
- Rep. Edward PattisonD-NY-29
- Rep. James BlanchardD-MI-18
- Rep. Stanley LundineD-NY-39
- Rep. Edward BolandD-MA-2
- Rep. Lunsford PreyerD-NC-6
- Rep. John SlackD-WV-3
- Rep. Robert MollohanD-WV-1
- Rep. William NatcherD-KY-2
- Rep. Cecil HeftelD-HI-1
- Rep. Matthew McHughD-NY-27
- Rep. Robert EdgarD-PA-7
- Rep. Donald PeaseD-OH-13
- Rep. Charles WilsonD-TX-2
- Rep. Robert RoeD-NJ-8
- Rep. Henry NowakD-NY-37
- Rep. Mario BiaggiD-NY-10
- Rep. Mark HannafordD-CA-34
- Rep. James HanleyD-NY-32
- Rep. Joseph FisherD-VA-10
- Rep. John KrebsD-CA-17
- Rep. Michael BlouinD-IA-2
- Rep. Bob CarrD-MI-6
- Rep. Jerome TraxlerD-MI-8
- Rep. Glenn AndersonD-CA-32
- Rep. Kenneth HollandD-SC-5
- Rep. Leo ZeferettiD-NY-15
- Rep. Butler DerrickD-SC-3
- Rep. David CornwellD-IN-8
- Rep. Lester WolffD-NY-6
- Rep. Joseph MinishD-NJ-11
- Rep. Timothy WirthD-CO-2
- Rep. Dick GephardtD-MO-3
- Rep. Ed JonesD-TN-7
- Rep. Berkley BedellD-IA-6
- Rep. James LloydD-CA-35
- Rep. John LaFalceD-NY-36
Rep. Max BaucusD-MT-1- Rep. Lee HamiltonD-IN-9
- Rep. Austin MurphyD-PA-22
- Rep. Bo GinnD-GA-1
- Rep. Walter JonesD-NC-1
- Rep. John CavanaughD-NE-2
- Rep. Ronnie FlippoD-AL-5
- Rep. Clarence LongD-MD-2
- Rep. Douglas WalgrenD-PA-18
- Rep. Tom BevillD-AL-4
Rep. Ike SkeltonD-MO-4- Rep. Wyche FowlerD-GA-5
- Rep. Martha KeysD-KS-2
- Rep. Romano MazzoliD-KY-3
- Rep. Joseph EarlyD-MA-3
- Rep. Ed JenkinsD-GA-9
- Rep. Jerome AmbroD-NY-3
- Rep. Walter FlowersD-AL-7
- Rep. Leon PanettaD-CA-16
- Rep. Samuel StrattonD-NY-28
- Rep. Don FuquaD-FL-2
- Rep. Theodore RisenhooverD-OK-2
- Rep. Jamie WhittenD-MS-1
- Rep. Les AuCoinD-OR-1
- Rep. Philip SharpD-IN-10
- Rep. Paul RogersD-FL-11
- Rep. Gus YatronD-PA-6
- Rep. Harold VolkmerD-MO-9
- Rep. Norman D’AmoursD-NH-1
- Rep. Ike AndrewsD-NC-4
- Rep. Bill HefnerD-NC-8
- Rep. Floyd FithianD-IN-2
- Rep. Robert SikesD-FL-1
- Rep. Billy EvansD-GA-8
- Rep. Vonno GudgerD-NC-11
- Rep. James MannD-SC-4
- Rep. Allen ErtelD-PA-17
- Rep. Druie BarnardD-GA-10
- Rep. Charles WhitleyD-NC-3
- Rep. Otis PikeD-NY-1
- Rep. Martin RussoD-IL-3
- Rep. James SantiniD-NV
- Rep. William HughesD-NJ-2
- Rep. David BowenD-MS-2
- Rep. Marilyn LloydD-TN-3
- Rep. Stephen NealD-NC-5
- Rep. Sam GibbonsD-FL-7
- Rep. Jack BrinkleyD-GA-3
- Rep. Elliott LevitasD-GA-4
- Rep. Andy IrelandD-FL-8
- Rep. William ChappellD-FL-4
- Rep. Marvin MathisD-GA-2
- Rep. Daniel GlickmanD-KS-4
- Rep. Lawrence FountainD-NC-2
- Rep. Charles BennettD-FL-3
- Rep. David EvansD-IN-6
- Rep. William PoageD-TX-11
- Rep. Sonny MontgomeryD-MS-3
- Rep. Dan DanielD-VA-5
Republicans who voted yea(50)
- Rep. Bill GreenR-NY-18
- Rep. Silvio ConteR-MA-1
- Rep. Pete McCloskeyR-CA-12
- Rep. Stewart McKinneyR-CT-4
- Rep. Matthew RinaldoR-NJ-12
- Rep. Harold HollenbeckR-NJ-9
- Rep. Margaret HecklerR-MA-10
- Rep. Marc MarksR-PA-24
- Rep. John BuchananR-AL-6
- Rep. Donald MitchellR-NY-31
- Rep. Millicent FenwickR-NJ-5
- Rep. Joe SkubitzR-KS-5
- Rep. Mark AndrewsR-ND
- Rep. Joel PritchardR-WA-1
- Rep. Jim JeffordsR-VT
- Rep. William CohenR-ME-2
- Rep. Albert QuieR-MN-1
- Rep. Carl PursellR-MI-2
- Rep. William WamplerR-VA-9
- Rep. Elwood HillisR-IN-5
Rep. Don YoungR-AK- Rep. David EmeryR-ME-1
- Rep. Harold SawyerR-MI-5
- Rep. Bruce CaputoR-NY-23
- Rep. Donald ClausenR-CA-2
- Rep. Thomas EvansR-DE
- Rep. Jim LeachR-IA-1
- Rep. Charles ThoneR-NE-1
- Rep. Ronald MarleneeR-MT-2
- Rep. James QuillenR-TN-1
- Rep. Clair BurgenerR-CA-43
- Rep. Virginia SmithR-NE-3
- Rep. Earl ColemanR-MO-6
- Rep. Floyd SpenceR-SC-2
- Rep. Louis FreyR-FL-9
- Rep. Marion SnyderR-KY-4
- Rep. Robin BeardR-TN-6
- Rep. Willis GradisonR-OH-1
- Rep. William BroomfieldR-MI-19
- Rep. Charles WigginsR-CA-39
- Rep. William FrenzelR-MN-3
- Rep. Bob WilsonR-CA-41
- Rep. James BroyhillR-NC-10
- Rep. Skip BafalisR-FL-10
- Rep. Manley ButlerR-VA-6
- Rep. Arlan StangelandR-MN-7
- Rep. Gary MyersR-PA-25
- Rep. James MartinR-NC-9
- Rep. Garry BrownR-MI-3
- Rep. Robert DornanR-CA-27
Data notes
The House’s recorded vote on the final version of the law (roll call 1530 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 31 actions.
- Nov 9, 1978Became lawBecame law · Signed by President.
- PresidentPresident · Public Law 95-618.
- Oct 31, 1978PresidentPresident · Measure presented to President.
- Oct 14, 1978PresidentPresident · Measure enrolled in Senate.
- PresidentPresident · Measure enrolled in House.
- Resolving differencesResolving differences · Senate agreed to conference report, roll call #515 (60-17).Senate roll call 515
- Resolving differencesResolving differences · Conference report agreed to in Senate: Senate agreed to conference report, roll call #515 (60-17).Senate roll call 515
- Resolving differencesResolving differences · Motion to recommit Conference Report to the Committee of Conference tabled in Senate, roll call #514 (67-11).Senate roll call 514
- Resolving differencesResolving differences · Motion to recommit Conference Report to the Committee of Conference with instructions tabled in Senate.
- Resolving differencesResolving differences · Motion to table Conference Report rejected in Senate, roll call #508 (22-56).Senate roll call 508
- Resolving differencesResolving differences · Cloture Motion on Conference Report passed Senate, roll call #497 (71-13).Senate roll call 497
- Resolving differencesResolving differences · House agreed to conference report, roll call #932 (231-168).House roll call 932
- Resolving differencesResolving differences · Conference report agreed to in House: House agreed to conference report, roll call #932 (231-168).House roll call 932
- Oct 12, 1978Resolving differencesResolving differences · Cloture Motion filed in Senate on Conference report.
- Resolving differencesResolving differences · Motion to proceed to consider Conference report passed Senate, roll call #482 (77-8).Senate roll call 482
- Resolving differencesResolving differences · Conference report filed in House, H. Rept. 95-1773.
- Resolving differencesResolving differences · Conference report filed: Conference report filed in House, H. Rept. 95-1773.
- Oct 11, 1978Resolving differencesResolving differences · Conference report filed in Senate, S. Rept. 95-1324.
- Resolving differencesResolving differences · Conference report filed: Conference report filed in Senate, S. Rept. 95-1324.
- Nov 4, 1977Resolving differencesResolving differences · Conference scheduled in Senate.
- Nov 3, 1977Resolving differencesResolving differences · Conference scheduled in House.
- Oct 31, 1977FloorFloor · Measure passed Senate, amended, roll call #606 (52-35).Senate roll call 606
- Oct 28, 1977FloorFloor · Motion to recommit to the Committee on Appropriations with instructions passed Senate.
- Oct 25, 1977FloorFloor · Measure called up by unanimous consent in Senate.
- Oct 21, 1977CommitteeCommittee · Reported by Senate Finance Committee
- Jul 20, 1977CommitteeCommittee · Referred to Senate Finance Committee
- Jul 18, 1977FloorFloor · Measure passed House, amended.
- FloorFloor · Measure called up under motion to suspend rules and pass in House.
- Jun 16, 1977CommitteeCommittee · Reported by House Ways and Means Committee
- Mar 21, 1977CommitteeCommittee · Referred to House Ways and Means Committee
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.



