I 
117TH CONGRESS 
1ST SESSION H. R. 4024 
To amend the Internal Revenue Code of 1986 to establish a tax credit 
for production of electricity using nuclear power. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2021 
Mr. PASCRELL (for himself, Mr. SUOZZI, Mr. KATKO, Mr. DANNY K. DAVIS 
of Illinois, Mr. BROWN, Mr. RUPPERSBERGER, Mrs. BUSTOS, Mr. MI-
CHAEL F. DOYLE of Pennsylvania, and Mr. FITZPATRICK) introduced the 
following bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to establish 
a tax credit for production of electricity using nuclear power. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Zero-Emission Nuclear 
Power Production Credit Act of 2021’’. 
SEC. 2. ZERO-EMISSION NUCLEAR POWER PRODUCTION 
CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
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1986 is amended by adding at the end the following new 
section: 
‘‘SEC. 45U. ZERO-EMISSION NUCLEAR POWER PRODUCTION 
CREDIT. 
‘‘(a) AMOUNT OF CREDIT.—For purposes of section 
38, the zero-emission nuclear power production credit for 
any taxable year is an amount equal to the amount by 
which— 
‘‘(1) the product of— 
‘‘(A) 1.5 cents, multiplied by 
‘‘(B) the kilowatt hours of electricity— 
‘‘(i) produced by the taxpayer at a 
qualified nuclear power facility, and 
‘‘(ii) sold by the taxpayer to an unre-
lated person during the taxable year, ex-
ceeds 
‘‘(2) the reduction amount for such taxable 
year. 
‘‘(b) DEFINITIONS.— 
‘‘(1) QUALIFIED NUCLEAR POWER FACILITY.— 
For purposes of this section, the term ‘qualified nu-
clear power facility’ means any nuclear facility— 
‘‘(A) which is owned by the taxpayer and 
which uses nuclear energy to produce elec-
tricity, 
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‘‘(B) which is not described in section 
168(i)(10), and 
‘‘(C) which is not an advanced nuclear 
power facility, as defined in subsection (d)(1) of 
section 45J, or which has not received an allo-
cation under subsection (b) of such section. 
‘‘(2) REDUCTION AMOUNT.— 
‘‘(A) IN GENERAL.—For purposes of this 
section, the term ‘reduction amount’ means, 
with respect to any qualified nuclear power fa-
cility for any taxable year, the amount equal to 
the lesser of— 
‘‘(i) the amount determined under 
subsection (a)(1), or 
‘‘(ii) the amount equal to 80 percent 
of the excess of— 
‘‘(I) subject to subparagraph (B), 
the gross receipts from any electricity 
produced by such facility and sold to 
an unrelated person during such tax-
able year, over 
‘‘(II) the amount equal to the 
product of— 
‘‘(aa) 2.5 cents, multiplied 
by 
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‘‘(bb) the amount deter-
mined 
under 
subsection 
(a)(1)(B). 
‘‘(B) 
TREATMENT
OF
CERTAIN
RE-
CEIPTS.— 
‘‘(i) IN GENERAL.—The amount de-
termined under subparagraph (A)(ii)(I) 
shall include any amount received by the 
taxpayer during the taxable year with re-
spect to the qualified nuclear power facility 
from a zero-emission credit program unless 
the amount received by the taxpayer is 
subject to reduction— 
‘‘(I) by the full amount of the 
credit determined under this section, 
or 
‘‘(II) by any lesser amount if 
such amount entirely offsets the 
amount received from a zero-emission 
credit program. 
‘‘(ii) ZERO-EMISSION
CREDIT
PRO-
GRAM.—For purposes of this subpara-
graph, the term ‘zero-emission credit pro-
gram’ means any State or local govern-
ment program that provides payments to a 
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qualified nuclear power facility for, in 
whole or in part, the zero-emission, zero- 
carbon, or air quality attributes of any 
portion of the electricity produced by such 
facility. 
‘‘(3) ELECTRICITY.—For purposes of this sec-
tion (with the exception of subsection (d)(3)), the 
term ‘electricity’ means the energy produced by a 
qualified nuclear power facility from the conversion 
of nuclear fuel into electric power. 
‘‘(c) ELECTION FOR DIRECT PAYMENT.— 
‘‘(1) IN GENERAL.—In the case of a taxpayer 
making an election (at such time and in such man-
ner as the Secretary may provide) under this sub-
section with respect to any portion of the credit 
which would (without regard to this subsection) be 
determined under subsection (a) with respect to such 
taxpayer, such taxpayer shall be treated as making 
a payment against the tax imposed by subtitle A for 
the taxable year equal to the amount of such por-
tion. 
‘‘(2) TIMING.—The payment described in para-
graph (1) shall be treated as made on the later of 
the due date of the return of tax for the taxable year 
or the date on which such return is filed. 
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‘‘(3) EXCLUSION FROM GROSS INCOME.—Gross 
income of the taxpayer shall be determined without 
regard to this subsection. 
‘‘(4) DENIAL OF DOUBLE BENEFIT.—Solely for 
purposes of section 38, in the case of a taxpayer 
making an election under this subsection, the credit 
determined under subsection (a) shall be reduced by 
the amount of the portion of such credit with respect 
to which the taxpayer makes such election. 
‘‘(5) DETERMINATION OF ELIGIBILITY FOR DI-
RECT PAYMENTS.—For purposes of determining eli-
gibility of a taxpayer for a direct payment under 
paragraph (1), the Secretary shall have the author-
ity to request such information from the taxpayer as 
the Secretary may require. 
‘‘(d) OTHER RULES.— 
‘‘(1) INFLATION ADJUSTMENT.—The 1.5 cent 
amount in subsection (a)(1)(A) and the 2.5 cent 
amount in subsection (b)(2)(A)(ii)(II)(aa) shall each 
be adjusted by multiplying such amount by the infla-
tion adjustment factor (as determined under section 
45(e)(2)) for the calendar year in which the sale oc-
curs. If any amount as increased under the pre-
ceding sentence is not a multiple of 0.1 cent, such 
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amount shall be rounded to the nearest multiple of 
0.1 cent. 
‘‘(2) SPECIAL
RULES.—Rules similar to the 
rules of paragraphs (1), (3), (4), and (5) of section 
45(e) shall apply for purposes of this section. 
‘‘(3) PHASEOUT OF CREDIT.—If the Secretary, 
in consultation with the Secretary of Energy and the 
Administrator of the Environmental Protection 
Agency, determines that the annual greenhouse gas 
emissions from electricity production in the United 
States for a calendar year are equal to or less than 
50 percent of the annual greenhouse gas emissions 
from electricity production in the United States for 
calendar year 2020, the amount of the credit deter-
mined under the subsection (a) shall be reduced by 
an amount equal to the product of— 
‘‘(A) the amount of credit determined 
under the subsection (a), as determined before 
application of this paragraph, multiplied by 
‘‘(B) an amount (expressed as a percent-
age) equal to twice the percentage amount that 
the percentage determined by the Secretary 
pursuant to this paragraph exceeds 50 percent. 
‘‘(4) WAGE
REQUIREMENTS.—The taxpayer 
shall ensure, with respect to a qualified nuclear 
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power facility, that any laborers and mechanics em-
ployed by contractors and subcontractors in the con-
struction, repair, alteration, or maintenance of such 
facility shall be paid wages at rates not less than the 
prevailing rates for construction, alteration, or re-
pair of a similar character in the locality as deter-
mined by the Secretary of Labor, in accordance with 
subchapter IV of chapter 31 of title 40, United 
States Code. 
‘‘(e) RECAPTURE.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Energy and the Secretary 
of Labor, shall, by regulations, provide for recap-
turing the benefit of any credit allowable under sub-
section (a) for any taxable year if the Secretary de-
termines that the wage requirements described in 
subsection (d)(4) have been violated. 
‘‘(2) INVESTIGATION.—Upon receipt of a com-
plaint or its own initiative, the Secretary, in con-
sultation with the Secretary of Energy and the Sec-
retary of Labor, shall request and review the payroll 
records of contractors and subcontractors engaged in 
the performance of any construction, repair, alter-
ation, or maintenance with respect to a qualified nu-
clear power facility, and interview individuals em-
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ployed by such contractors and subcontractors, to 
determine whether the requirements of paragraph 
(1)(A) have been met. 
‘‘(3) ADMINISTRATION AND ENFORCEMENT.— 
With respect to the administration and enforcement 
of the standards in paragraph (1)(A), the Secretary 
of Labor shall have the authority and functions set 
forth in Reorganization Plan Numbered 14 of 1950 
(64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 
title 40, United States Code. 
‘‘(f) TERMINATION.—This section shall not apply to 
taxable years beginning after December 31, 2030.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 38(b) of the Internal Revenue Code 
of 1986 is amended— 
(A) in paragraph (32), by striking ‘‘plus’’ 
at the end, 
(B) in paragraph (33), by striking the pe-
riod at the end and inserting ‘‘, plus’’, and 
(C) by adding at the end the following new 
paragraph: 
‘‘(34) the zero-emission nuclear power produc-
tion credit determined under section 45U(a).’’. 
(2) The table of sections for subpart D of part 
IV of subchapter A of chapter 1 of such Code is 
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amended by adding at the end the following new 
item: 
‘‘Sec. 45U. Zero-emission nuclear power production credit.’’. 
(c) REPORT.—Not later than January 1, 2024, the 
Comptroller General of the United States shall submit to 
Congress a report with respect to the credits allowed for 
qualified nuclear power facilities under section 45U of the 
Internal Revenue Code of 1986 (as added by subsection 
(a)), which shall include— 
(1) an evaluation of the effectiveness of the 
credits allowed under such section in regards to en-
suring grid reliability while avoiding emissions of 
carbon dioxide, nitrogen oxides, sulfur oxides, partic-
ulate matter, and hazardous air pollutants; 
(2) a quantification of the ratepayer savings 
achieved as a result of the credits allowed under 
such section; and 
(3) any recommendations to renew or expand 
the credits allowed under such section. 
(d) EFFECTIVE DATE.—This section shall apply to 
electricity produced and sold after December 31, 2020, in 
taxable years beginning after such date. 
SEC. 3. USE OF QUALIFIED APPRENTICES. 
(a) IN GENERAL.—All contractors and subcontrac-
tors engaged in the performance of construction, alter-
ation, or repair work on any applicable project shall, sub-
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ject to subsection (b), ensure that not less than 15 percent 
of the total labor hours of such work be performed by 
qualified apprentices. 
(b) APPRENTICE-TO-JOURNEYWORKER RATIO.—The 
requirement under subsection (a) shall be subject to any 
applicable requirements for apprentice-to-journeyworker 
ratios of the Department of Labor or the applicable State 
apprenticeship agency. 
(c) PARTICIPATION.—Each contractor and subcon-
tractor who employs 4 or more individuals to perform con-
struction, alteration, or repair work on an applicable 
project shall employ 1 or more qualified apprentices to 
perform such work. 
(d) EXCEPTION.—Notwithstanding any other provi-
sion in this section, this section shall not apply in the case 
of a taxpayer who— 
(1) demonstrates a lack of availability of quali-
fied apprentices in the geographic area of the con-
struction, alteration, or repair work; and 
(2) makes a good faith effort, and its contrac-
tors and subcontractors make a good faith effort, to 
comply with the requirements of this section. 
(e) DEFINITIONS.—In this section: 
(1) APPLICABLE PROJECT.—The term ‘‘applica-
ble project’’ means, with respect to— 
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(A) subsection (e)(7)(A)(ii) of section 30C 
of the Internal Revenue Code of 1986, 
(B) subsection (f)(8)(A)(ii) of section 45Q 
of such Code, 
(C) subsection (b)(1)(A)(iv)(II) of section 
45U of such Code, 
(D) 
subsections 
(b)(3)(A)(iv)(II) 
and 
(c)(1)(B)(ii) of section 48D of such Code, and 
(E) 
subsection 
9c)(1)(E)(ii) 
of 
section179D of such Code, 
any property, equipment, or facility for which a 
credit is allowed under such sections. 
(2) LABOR HOURS.—The term ‘‘labor hours’’— 
(A) means the total number of hours de-
voted to the performance of construction, alter-
ation, or repair work by employees of the con-
tractor or subcontractor; and 
(B) excludes any hours worked by— 
(i) foremen; 
(ii) superintendents; 
(iii) owners; or 
(iv) persons employed in a bona fide 
executive, administrative, or professional 
capacity (within the meaning of those 
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terms in part 541 of title 29, Code of Fed-
eral Regulations). 
(3) QUALIFIED APPRENTICE.—The term ‘‘quali-
fied apprentice’’ means an individual who is an em-
ployee of the contractor or subcontractor and who is 
participating in a registered apprenticeship program, 
as defined in section 3131(e)(3)(B) of the Internal 
Revenue Code of 1986. 
Æ 
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