Citizens Energy Act of 1979

Citizens' Energy Act of 1979 - Title I: Price and Allocation Controls - Subtitle A - Extension of Authority - Amends the Emergency Petroleum Allocation Act of 1973 to extend mandatory controls on domestic crude oil through December 31, 1981, and provides the President with discretionary authority to continue such controls through December 31, 1983.

Subtitle B - Home Heating Oil - Middle Distillate Fuel Control Act of 1979 - Directs the President to impose controls on heating oil and diesel fuel within 15 days after enactment.

Subtitle C - Natural Gas - Amends the Natural Gas Policy Act of 1978 to eliminate natural gas deregulation and to require the Federal Energy Regulatory Commission to set rates for interstate and intrastate natural gas.

Amends the Public Utility Regulatory Policies Act of 1978 to require States to hold hearings, with full opportunity for public participation including intervenor funding, to determine whether or not lifeline rates for residential natural gas users should be implemented by State-regulated gas utilities or nonregulated gas utilities.

Title II: Conservation - Subtitle A - Energy Productivity - Part I: Residential Energy Conservation - Establishes a Residential Energy Conservation Office in the Department of Energy to be administered by a Director appointed by the Secretary of Energy. Directs the Director to reimburse eligible homeowners or apartment dwellers who insulate or install other energy conservation improvements designed to increase energy efficiency. Requires the Director to coordinate such program with the energy audit program authorized under the National Energy Conservation Policy Act, and to advertise the availability of such audits as a means of promoting such program of reimbursement.

Requires the Director to conduct an evaluation of the effectiveness of the promotion of such program. Directs the Comptroller General to audit the operations of the Office.

Requires any seller of energy conservation improvements to certify to purchasers whether such improvements comply with any regulations issued by the Director which establish performance and quality standards for energy conservation improvements.

Establishes criminal penalties for willfully providing false information to the Director in any application for reimbursement.

Part II: Industrial Fuel Conservation - Authorizes the Secretary to make loans to industrial firms to assist them in paying engineering costs for studying the cost-effectiveness of energy conservation investments. Stipulates that such loans would be repaid only if the study showed investing in a more efficient process would be cost-effective.

Authorizes the Secretary to provide energy rebates to industrial firms which implement conservation projects for every barrel of oil saved for the first year following the investment in such project.

Part III: Commercial Property Energy Conservation Loan Program - Directs the Secretary to establish a Commercial Property Energy Conservation Loan Program to provide low-interest loans to owners, developers, and builders of commercial property for investment in energy conservation systems. Directs the Secretary to appoint an Administrator and such other staff as are deemed necessary to carry out such program.

Establishes an Advisory Board to be appointed by the President to advise the Secretary in carrying out such program.

Establishes criminal penalties for knowingly making any false statement or misrepresentation concerning any loan assisted under such program.

Directs the Secretary to submit an annual report to Congress and the President on the operation of such program.

Directs the Secretary to promote such program by informing financial institutions and commercial property owners, developers, and builders of the benefits of such program.

Subtitle B: Industrial Energy Efficiency - Industrial Equipment Efficiency Act of 1979 - Amends the Energy Policy and Conservation Act, as amended by the National Energy Conservation Policy Act, to add new definitions relating to energy efficiency of industrial equipment. Amends such Act to require a study of industrial equipment to determine which categories of devices would benefit from labeling or mandatory energy efficiency standards.

Directs the Secretary to select the classes or types of equipment for which he will establish test procedures. Stipulates that any such test procedures will be designed in consultation with equipment manufacturers and appropriate technical societies.

Directs the Secretary to determine the types of equipment for which he will prescribe labeling rules and to consult with equipment manufacturers affected by proposed rules.

Requires the Secretary to select the types of electric motors and pumps for which he will prescribe standby energy efficiency standards and sets forth procedures and criteria for issuing such standards. Exempts small business manufacturers of equipment from such standards upon a determination that imposition of such standards may cause serious economic hardship. Stipulates that if the Attorney General finds that the imposition of standards would have an anticompetitive impact, the Secretary shall withdraw such standards.

Directs the Secretary to establish a market penetration schedule for "high efficiency motors" and "high efficiency pumps".

Sets forth reporting requirements for specified manufacturers of electric motors and pumps. Requires the Secretary to report quarterly to the Congress on the results of such reports.

Sets forth conditions under which standby energy efficiency standards be removed from the standby status and made permanently effective.

Incorporates the same provisions on rules, authority to obtain information, exports, imports, prohibited acts, enforcement, injunction enforcement, citizen suits, and administrative procedure and judicial review as are applicable to the appliance efficiency standards program of the Energy Policy and Conservation Act, as amended.

Subtitle C - Residential Energy Audits - Residential Energy Audit Act of 1979 - Amends the National Energy Conservation Policy Act to require a residential building owner offering his building for sale to make a copy of the energy audit report on such building available to the purchaser, if the building is served by a utility offering a residential energy conservation program, and is financed by any institution the deposits of which are insured by a Federal agency.

Prohibits any such financial institution from providing financing for the purchase of a residential building served by such a utility unless such institution has received a current energy audit report on the building.

Subtitle D - National Speed Limits - Amends the national maximum speed limit legislation to provide that if the percentage of motor vehicles exceeding 55 miles per hour in a State exceeds 25 percent that State's Federal-aid highway apportionment shall be reduced by 20 percent (previously if the percentage of vehicles exceeding such limit was greater than 60 percent the State's apportionment would be reduced by five percent).

Subtitle E - Residential Heating Improvement - Residential Furnace Improvement and Cost Savings Act of 1979 - Amends the National Energy Conservation Policy Act to require the Secretary of Energy to publish in the Federal Register a list of energy conservation retrofit devices found to improve energy efficiency of home heating and cooling devices and which can qualify for the residential energy credit provisions of the Internal Revenue Code.

Requires manufacturers of home heating devices to issue procedures for the modification of home heating devices to permit the utilization of energy conservation retrofit devices.

Directs the Secretary to invite State governors to submit plans for the certification of contractors qualified to install such devices, and sets forth criteria for such certification plans.

Prohibits, after January 1, 1981, the financing of the sale of any residential building by any financial institution whose deposits are insured by any agency of the Federal Government without: (1) State or Federal certification that the home heating devices contained in such building (a) has been modified by the installation of an energy conservation retrofit device, or (b) meets minimum efficiency standards established by the Department of Energy; or (2) evidence of a contract to retrofit a home heating device in such a building after purchase.

Imposes a fine of not less than $2,500 for the failure of the new owner of a residential building to make such modifications to the building's heating device.

Directs the Secretary to make grants to each State having an approved contractor certification plan for the costs of administration of such plan.

Directs the Secretary to establish a Federal program to carry out the provisions of this Act in States which do not have approved certification plans.

Directs the Secretary, in coordination with other relevant agencies, to establish a program of assistance for low-income residential building owners to assist them in obtaining the energy conservation retrofit devices required under this Act.

Title III: Federal Energy Corporations - Subtitle A - Energy Corporation of America - Energy Company of America Act - Amends the the Department of Energy Organization Act to establish a government corporation to be known as the Energy Company of America.

Sets forth the composition of the Board of Directors of such Company.

Authorizes the Company to: (1) explore for oil, natural gas, coal, geothermal and solar resources on any Federal lands; (2) develop, produce, purchase, define research and development for improved methods of fuel resource technology; (4) obtain necessary equipment and facilities; (5) explore for, develop, produce, import, purchase, store, transport, and sell fuel resources in or from non-domestic sources; (6) conduct other corporate business as necessary to achieve the purposes of this Act.

Sets forth the duties of the Company.

Provides for production of oil, natural gas, coal, geothermal, or other energy from standby reserves upon a finding that such production is necessary to alleviate domestic shortages. Provides for the establishment of standby reserves.

Sets forth conditions and procedures for the conveyance of Federal lands to the Company.

Sets forth procedures to ensure environmental protection relevant to the construction of Company facilities. Prohibits the Company from proceedings with any such proposed activity except as provided by the Administrator of the Environmental Protection Agency unless, upon judicial review, the court sets aside an adverse determination of the Administrator.

Exempts the Company from Federal taxation. Permits comparable State and local taxation of the Company.

Prohibits the Company from selling at prices below actual adjusted costs.

Directs excess revenues to be covered into the miscellaneous receipts fund of the Treasury of the United States.

Directs the Comptroller General to conduct quarterly audits of the Company's transactions.

Directs the Company to transmit an annual report to the Congress and the President.

Excludes the receipts and disbursements of the Company from totals of the budget of the United States and exempts them from any annual expenditure and net lending limitations imposed on a budget of the United States Government.

Makes the Occupational Safety and Health Act applicable to employees of the Company.

Establishes criminal penalties for the unlawful disclosure of information concerning crude oil or petroleum products and speculation thereon.

Declares that Congress shall exercise continuing oversight of the activities of the Company.

Empowers the Company to incur debt for capital and operating purposes through any form of securities, agreements, or obligations.

Authorizes any party or party intervenor in a civil action against the Company to recover attorney's fees from the United States. Authorizes any person to commence such actions for mandatory or prohibitive injunctive relief against the Company. Defines "standing" for the purposes of such actions.

Vests title in any invention made or conceived by Company personnel in the United States.

Amends the Federal Tort Claims Act to include any claims arising from Company activities.

Subtitle B - Oil Import Authority - Part I - Oil Importation - Oil Imports Act of 1979 - Prohibits the importation of crude oil or other petroleum products into the United States unless permitted by, purchased by, or manufactured from crude oil purchased by the American Oil Import Corporation created by this Act. Sets forth requirements for issuing import permits for the importation of crude oil and petroleum products.

Directs the Corporation to issue permits for such imports, in cases of national emergency, to insure access by the Armed Forces of the United States to needed oil supplies.

Requires that crude oil and petroleum products for the Strategic Petroleum Reserve be purchased from the Corporation.

Grants to the Corporation exclusive purchasing authority for crude oil and petroleum product imports, and sets forth requirements regarding such purchasing authority.

Part II: American Oil Import Corporation - Establishes a nonprofit corporation to be known as the American Oil Import Corporation, to be managed by a Board of Directors to be appointed by the President.

Establishes an Advisory Board to the Corporation, composed of officers of specified Federal agencies and departments, to meet periodically with the Directors to share information of the activities of the Corporation pertaining to the various departments and agencies represented.

Sets forth the powers and duties of the Corporation and confers upon the Corporation nonprofit status.

Establishes a Public Energy Fund in the Treasury of the United States into which shall be deposited revenues from activities of the Corporation. Provides that such funds, including appropriated funds as authorized by the Congress, shall be used by the Corporation for carrying out this Act.

Sets forth specified reporting, recordkeeping, and audit requirements on the Corporation.

Part III: Miscellaneous Provisions - Makes it a crime for any officer, employee, or person acting for or on behalf of the United States or any department or agency thereof to prematurely disclose information concerning crude oil or petroleum products required to be withheld from publication until a fixed time or to speculate directly or indirectly in any such product by buying or selling the same in quantity before such information is made public through regular official channels.

Repeals the standby purchase authority of the President under the Emergency Petroleum Allocation Act of 1973.

Title IV: Refinery and Related Policies - Amends the Emergency Petroleum Allocation Act of 1973 to authorize the President to require refiners to produce maximum amounts of petroleum products in order to avert gasoline or distillate shortages. Amends such Act further to extend indefinitely authorities to prevent oil industry hoarding, to require refiners to emphasize production of products in short supply, and to establish inventory targets for crude oil or petroleum products.

Title V: Investigations and Information - Subtitle A - Special Prosecutor - Special Prosecutor Act of 1979 - Establishes an independent Office of Special Prosecution, to be headed by a Special Prosecutor appointed by the President, with jurisdiction to investigate and prosecute violations of any provision of or regulation promulgated under the Emergency Petroleum Act of 1973.

Grants the Special Prosecutor the power and authority to excercise all investigative and prosecutorial functions and powers of the Departments of Justice and Energy to perform the function of the office, including: (1) conducting civil and criminal litigation in any court; (2) contesting the assertion of executive, testimonial, evidentiary, or other privilege; (3) receiving appropriate national security clearance and, if necessary, contesting any attempt to withhold evidence on grounds of national security; (4) inspecting, obtaining, or using the original or a copy of any tax return; and (5) instructing the Bureau of Investigation and other domestic investigative agencies with respect to information and evidence.

Directs the Special Prosecutor to submit at least annually a report on the activities of the Office to the President and Congress. Requires the Submission of a detailed statement of the activities of the Office with recommendations for legislation and administrative action. Terminates the Office five years after appointment of the Special Prosecutor.

Subtitle B - Information Gathering - Amends the Department of Energy Organization Act to make any information collected by the Department of Energy available to the Department of Justice, the Federal Trade Commission, the Department of the Interior, the Government Accounting Office, Congress, or any Governor upon request.

Title VI: Solar Energy - Subtitle A - Solar Energy Bank - Solar Energy Bank Act - Establishes a Government corporation within the Department of Housing and Urban Development to be known as the Solar Energy Development Bank to subsidize long-term low-interest loans made by financial institutions to promote the use of solar energy in commercial and residential structures. Provides for the appointment of the President of the Bank by the Secretary of Housing and Urban Development.

Requires the General Accounting Office to audit periodically the Bank's financial transactions.

Establishes an Advisory Board to make annual reports to Congress and the President on the operation of the program established by this Act.

Authorizes the Bank to make payments to financial institutions to subsidize long-term low-interest loans to owners or builders of commercial or residential structures for the installation of solar systems. Limits the amount of such loans to $10,000 per single family dwelling, $500,000 for multi-unit residential dwellings, and $200,000 for commercial buildings.

Sets forth requirements for loan eligibility concerning the term and amount of the loan and necessary warranties for the solar energy systems covered by such loan. Authorizes the making of such loan subsidies to units of local government on behalf of low-income persons for projects carried out under other housing or rehabilitation programs.

Imposes criminal penalties for the furnishing of false or misleading information by applicants for loans under this Act.

Directs the Bank to conduct a program to promote the benefits of its loan subsidy program.

Prohibits subsidy payments from being provided under this subtitle for anyone who has received or is receiving other Federal assistance for the purchase and/or installation of solar energy systems.

Subtitle B - Omnibus Solar Commercialization - Omnibus Solar Commercialization Act of 1979 - Part I - Renewable Energy Initiatives - Establishes a national goal for the increased use of renewable energy resources as a part of the Nation's total supply in the year 2000.

Defines the term "passive solar energy system" to mean space heating and cooling systems making the most efficient use of, or enhancing the use of, natural forces including solar insulation, winds, nighttime coolness, and cooling by radiation to the night sky, to heat or cool living space by the use of conductive, convective or radiant energy transfer. Describes several types of passive solar energy systems.

States that it shall be the policy of the Secretary of Energy to utilize State and local government organizations, Energy Extension Services, regional Solar Energy Research Centers, and other such entities in providing information services, training, education and other services to the public and to persons involved in the development and commercialization of solar energy systems.

Directs the Secretary to establish the Solar Energy and Conservation Information Center to provide information services to the public and to the entities listed above, including: (1) retrieval and dissemination of solar energy development and commercialization materials; (2) development of materials specifically designed to assist architects, builders, installers, manufactures and others in solar energy development and commercialization; and (3) development of training and education programs specifically designed for such purposes.

Directs Federal agency heads responsible for construction of new civilian Federal buildings to require the utilization of active and passive solar agency systems unless it is determined that such systems are not cost effective, according to a specified formula.

Directs the head of each Federal agency operating a fueling station for civilian gasoline motor vehicles to require that such stations only dispense a ten percent alcohol and gasoline mixture. Requires that the same alcohol-gasoline mixture be dispensed by retail gasoline supply outlets operated by Federal agencies.

Authorizes the Administrators of the Alaska Power Administration, the Southeastern Power Administration, the Southwestern Power Administration, and the Western Power Administration to purchase power from proposed non-federally constructed generating facilities utilizing renewable energy resources. Authorizes such Administrators to construct and operate non-hydroelectric facilities, provided that the Administrator has made a public offer to purchase or guarantee the purchase of power from a comparable non-federally constructed facility and has received no offer from a non-Federal entity to construct such a facility.

Directs the Secretary to establish programs demonstrating energy self-sufficiency through the use of renewable energy resources, including programs to: (1) promote the development of synergistic combinations of different renewable energy resources designed to reduce fossil fuel imports; (2) initiate energy self-sufficiency at appropriate levels of government; and (3) provide Federal assistance to stimulate private industry participation in the realization of such self-sufficiency.

Directs the Secretary to establish an Office of Energy Self-Sufficiency and to prepare a plan setting forth the responsibilities of such Office to be submitted to the Congress.

Part II - Wind Energy Initiatives - Directs the Secretary to establish commercialization programs designed to promote and accelerate research, development, and experimentation of wind energy systems and components. Authorizes the Secretary to provide Federal assistance in investigating, designing, fabricating, testing, purchasing, installing and marketing such systems to public or private entities to facilitate the utilization of a wind system.

Authorizes the Secretary of Energy to enter into such contracts and make such grants as may be necessary or appropriate for the development of wind energy systems for commercial production and utilization. Directs the Secretary to enter into arrangements with appropriate Federal agencies to carry out projects and activities with respect to Federal facilities as may be appropriate for the demonstration of wind energy systems which are suitable and effective for use in such facilities.

Sets forth criteria for selection of programs consistent with the purposes of this Act. Directs the Secretary to monitor, collect and evaluate data and information, and conduct studies and investigations relating to wind energy systems programs. Directs the Secretary to assure that information relating to programs, projects and other activities conducted under this Act are widely disseminated to Federal, State, and local authorities, relevant segments of the economy, the scientific community and the public, so as to promote the use of wind energy to the maximum extent feasible.

Directs the Secretary to conduct studies on the subject of Federal applications for wind energy systems, the effects of widespread utilization of wind energy systems on the existing electrical utility system, and the prospects for applications of wind and energy systems for power generation in foreign countries, particularly lesser developed countries.

Establishes a wind energy utilization program for the accelerated procurement and installation of wind systems for power production in Federal facilities.

Establishes an advisory committee to assist the Secretary in performing his duties concerning the wind energy program.

Title VII: Energy Tax Policy - Oil Industry Tax Reform Act of 1979 - Amends the Internal Revenue Code to repeal the percentage depletion allowance for independent oil and gas producers and royalty owners.

Repeals the tax treatment of intangible drilling and development costs for oil and gas wells (except nonproductive wells) as currently deductible expenses. Requires such costs to be capitalized and amortized over a 168 month period.

Disallows an income tax credit for foreign taxes paid by domestic corporations on foreign oil related income. Treats such taxes as royalties for which a deduction or exclusion from foreign source income would be allowed.

Requires the payment of income taxes at the corporate level on the foreign oil-related income of domestic corporations.

Title VIII: Divestiture - Subtitle A - Natural Gas - Natural Gas Industry Competition Act of 1979 - Part I - Industry Competition - Makes it unlawful, five years after enactment of this Act: (1) for any major natural gas producer to own, or control any interest in any natural gas transportation or marketing asset; (2) for any natural gas transporter to own or control any interest in any natural gas production or marketing asset; (3) for any major natural gas marketer to own or control any interest in any production or transportation asset; and (4) for any person who owns any natural gas production or marketing asset to transport any energy resource in which he has any interest by means of any transportation asset in which that person has an interest.

Prohibits major producers from entering into joint ventures resulting in actions prohibited by this part, and prohibits major producers, marketers, or transporters having interests in any operation prohibited under this part from making any additional investments in such operations.

Makes it unlawful for any major producer, marketer, or transporter having such interests in any prohibited asset to fail to withdraw all operating cash flow attributable to such ownership or control in or from any affiliate or such producer, marketer, transporter.

Requires each person to whom this part applies or may apply to submit periodical reports about the assets of such person and such other information as the Attorney General may request.

Establishes criminal and civil penalties for violations of this subtitle.

Part II - National Energy Industry Competition Court - Establishes a National Energy Industry Competition Court with exclusive jurisdiction over all actions and suits brought under this subtitle.

Provides that such Court shall consist of three or more judges to be designated by the Chief Justice of the United States, and shall be dissolved by the Chief Justice when its purposes have been accomplished.

Establishes procedures for direct appeal from the decisions of the Court to the United States Court.

Subtitle B - Petroleum and Energy Industries - Part I - Horizontal Integration - Energy Industry Competition and Performance Act of 1979 - Makes it unlawful for any major petroleum producer to acquire, or retain any interest or control over any coal, uranium, or solar asset. Defines control as a direct or indirect legal or beneficial interest in, or direct or indirect legal power or influence over, another person, arising through direct, indirect, or interlocking ownership of capital stock, interlocking directorates or officers, or contractual relations which substantially impair the independent business behavior of another person.

Authorizes the Federal Trade Commission to exempt any corporation formed or reorganized as a result of compliance with this part from the Clayton Act for a period of up to one year.

Requires each major petroleum producer who owns or controls any interest in any coal, uranium, or solar asset to file a report with the Commission listing its interest in such assets.

Sets forth the procedure to be followed by each major petroleum producer for the divestment of its interest in such assets. Grants primary oversight jurisdiction to the Commission and specified enforcement powers to the Securities and Exchange Commission and the Department of Justice.

Prescribes civil penalties for violations of this Act.

Part II - Vertical Integration - Petroleum Industry Competition Act of 1979 - Makes it unlawful for: (1) any major petroleum producer to own or control any interest in any refinery, transportation, or marketing asset; (2) any petroleum transporter to own or control any interest in any production, refinery, or marketing asset; (3) any major refiner or marketer to own or control any interest in any production or transportation asset; or (4) any major refiner to own or control any marketing asset.

Requires each person to which such prohibitions apply to file a report with the Commission about the assets.

Sets forth procedures to be followed by such persons for the divestment of such assets. Grants primary enforcement jurisdiction to the Commission, and prescribes civil penalties for violation of this Act.

Part III - Major Acquisitions - Energy Antimonopoly Act of 1979 - Amends the Clayton Act to prohibit any entity or subsidiary thereof, which produced or had an interest in a total of 35,000,000 barrels of crude oil, condensate, and natural gas liquids in 1976 from acquiring control or a majority of the assets of any other entity whose assets exceed $100,000,000.

Title IX: Low and Moderate Income Assistance - Fuel Assistance Act of 1979 - Part I - Fuel Assistance for Low-Income and Elderly Households - Directs the Secretary of Health, Education, and Wefare (HEW), in cooperation with the Secretary of Energy, the Director of the Community Services Administration, and the Secretary of Housing and Urban Development, to establish procedures for determining the needs of eligible low-income and elderly households for increased weatherization and other energy-related assistance and for providing such assistance on a timely basis.

Earmarks specified funds for the purpose of creating public information and outreach programs designed to ensure maximum participation in the energy assistance program established under this Act.

Directs the Secretary of HEW, acting through the Social Security Administration to establish a program to provide assistance to low-income and elderly households to aid in meeting primary residential fuel costs. Sets forth criteria for determining the amount of such assistance, and requirements for eligibility. Stipulates that the amount or value of benefits provided under such program shall not be considered income or resources for any purposes under any Federal or State law.

Establishes a system of making payments to fuel suppliers supplying fuel to eligible recipients. Requires such suppliers to provide specified information to the appropriate State agency in order to qualify for such payments.

States that such program shall be administered by the appropriate State agency according to an agreement between such agency and the Secretary, or in the absence of such agreement, by the Secretary in accordance with his regulations.

Requires suppliers to keep full records and submit them to the Comptroller General as needed for auditing purposes.

Prohibits suppliers from refusing to sell fuel to eligible participants solely on the basis of their participation in the fuel assistance programs established under this Act.

Prohibits suppliers from terminating supplies of primary residential fuel to eligible households except in accordance with specified procedures.

Imposes criminal penalties for violation of the provisions of this Act.

Authorizes the Secretary to issue regulations necessary to carry out this Act.

Directs the Director of the Community Services Administration to establish a crisis intervention program to supplement the fuel assistance program with evacuation procedures, emergency shelter, home repair, or payment of bills.

Authorizes appropriations for such crisis intervention for fiscal years 1980 through 1982.

Part II - Middle-Income Energy Tax Credit - Amends the Internal Revenue Code to allow a tax credit to eligible taxpayers for amounts paid for heating oil for principal residences.