[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5746-S5750]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2364. Mr. CARDIN (for himself and Mr. Cramer) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        Beginning on page 1579, strike line 21 and all that 
     follows through page 1589, line 15, and insert the following:

     SEC. 40323. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 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 or an affiliate of the taxpayer 
     to an unrelated person during the taxable year, exceeds
       ``(2) the reduction amount for such taxable year.
       ``(b) Definitions.--
       ``(1) Qualified nuclear power facility.--For purposes of 
     this section, the term `qualified nuclear power facility' 
     means any nuclear facility--
       ``(A) which is owned by the taxpayer and which uses nuclear 
     energy to produce electricity, and
       ``(B) which is not an advanced nuclear power facility, as 
     defined in subsection (d)(1) of section 45J, or which has not 
     received an allocation under subsection (b) of such section.
       ``(2) Reduction amount.--

[[Page S5749]]

       ``(A) In general.--For purposes of this section, the term 
     `reduction amount' means, with respect to any qualified 
     nuclear power facility 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 taxable year (at rates 
     established or approved by a State or political subdivision 
     thereof, any agency or instrumentality of the United States, 
     or a public service or public utility commission or other 
     similar body of any State or political subdivision thereof, 
     in the case of any property described in section 168(i)(10)), 
     over
       ``(II) the amount equal to the product of--

       ``(aa) 2.5 cents, multiplied by
       ``(bb) the amount determined under subsection (a)(1)(B).
       ``(B) Treatment of certain receipts.--
       ``(i) In general.--The amount determined under subparagraph 
     (A)(ii)(I) shall include any amount received by the taxpayer 
     during the taxable year with respect 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 program.--For purposes of this 
     subparagraph, the term `zero-emission credit program' means 
     any State or local government program that provides payments 
     to a 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 section (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 manner as the Secretary 
     may provide) under this subsection 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 portion.
       ``(2) Certain entities treated as taxpayers.--For purposes 
     of the credit under subsection (a)--
       ``(A) any State utility with a service obligation, as such 
     terms are defined in section 217 of the Federal Power Act (as 
     in effect on the date of the enactment of this subsection),
       ``(B) any mutual or cooperative electric company described 
     in section 501(c)(12) or section 1381(a)(2)(C), and
       ``(C) an Indian tribal government (as defined in section 
     139E(c)(1)),

     shall be treated as a taxpayer, but only if such entity makes 
     the election under this subsection.
       ``(3) Timing.--The payment described in paragraph (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.
       ``(4) Exclusion from gross income.--Gross income of the 
     taxpayer shall be determined without regard to this 
     subsection.
       ``(5) 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.
       ``(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 inflation adjustment factor (as determined 
     under section 45(e)(2) by substituting `calendar year 2020' 
     for `calendar year 1992' in subparagraph (B) thereof ) for 
     the calendar year in which the sale occurs. If any amount as 
     increased under the preceding sentence is not a multiple of 
     0.1 cent, such 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 determined 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 percentage) equal to twice 
     the percentage amount that the percentage determined by the 
     Secretary pursuant to this paragraph exceeds 50 percent.
       ``(e) Recapture.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Energy and the Secretary of Labor, shall, by 
     regulations, provide for recapturing the benefit of any 
     credit allowable under subsection (a) for any taxable year if 
     the Secretary determines that--
       ``(A) any contractor or subcontractor has failed to pay a 
     laborer or mechanic employed by the contractor or 
     subcontractor in the performance of any construction, repair, 
     alteration, or maintenance with respect to the qualified 
     nuclear power facility during such taxable year wages at 
     rates not less than the rates prevailing on projects of a 
     similar character in the locality as determined by the 
     Secretary of Labor in accordance with subchapter IV of 
     chapter 31 of title 40, United States Code,
       ``(B) any such contractor or subcontractor has failed to 
     make the records required under paragraph (2) available to 
     the Secretary for the purposes described in such paragraph, 
     or
       ``(C) any contractor or subcontractor has failed to satisfy 
     the requirements under subsection (f) during such taxable 
     year.
       ``(2) Investigation.--Upon receipt of a complaint or its 
     own initiative, the Secretary, in consultation with the 
     Secretary of Energy and the Secretary of Labor, shall request 
     and review the payroll records of contractors and 
     subcontractors engaged in the performance of any 
     construction, repair, alteration, or maintenance with respect 
     to a qualified nuclear power facility, and interview 
     individuals employed by such contractors and subcontractors, 
     to determine whether the requirements of paragraph (1)(A) and 
     (1)(C) have been met.
       ``(3) Administration and enforcement.--With respect to the 
     administration and enforcement of the standards in paragraph 
     (1)(A) and (1)(C), 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) Use of Qualified Apprentices.--
       ``(1) In general.--All contractors and subcontractors 
     engaged in the performance of construction, repair, 
     alteration, or maintenance with respect to the qualified 
     nuclear power facility shall, subject to paragraph (2), 
     ensure that not less than 15 percent of the total labor hours 
     of such work be performed by qualified apprentices.
       ``(2) Apprentice-to-journeyworker ratio.--The requirement 
     under paragraph (1) shall be subject to any applicable 
     requirements for apprentice-to-journeyworker ratios of the 
     Department of Labor or the applicable State apprenticeship 
     agency.
       ``(3) Participation.--Each contractor and subcontractor who 
     employs 4 or more individuals to perform construction, 
     repair, alteration, or maintenance with respect to the 
     qualified nuclear power facility shall employ 1 or more 
     qualified apprentices to perform such work.
       ``(4) Exception.--Notwithstanding any other provision in 
     this subsection, this section shall not apply in the case of 
     a taxpayer who--
       ``(A) demonstrates a lack of availability of qualified 
     apprentices in the geographic area of the construction, 
     repair, alteration, or maintenance; and
       ``(B) makes a good faith effort, and its contractors and 
     subcontractors make a good faith effort, to comply with the 
     requirements of this subsection.
       ``(5) Definitions.--In this subsection:
       ``(A) Labor hours.--The term `labor hours'--
       ``(i) means the total number of hours devoted to the 
     performance of construction, repair, alteration, or 
     maintenance by employees of the contractor or subcontractor; 
     and
       ``(ii) 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 terms in part 541 of title 29, Code of Federal 
     Regulations).

       ``(B) Qualified apprentice.--The term `qualified 
     apprentice' means an individual who is an employee of the 
     contractor or subcontractor and who is participating in a 
     registered apprenticeship program, as defined in section 
     3131(e)(3)(B).
       ``(g) Termination.--This section shall not apply to taxable 
     years beginning after the earlier of--
       ``(1) the date as of which the Secretary determines that 
     the aggregate of the credits allowed under subsection (a) to 
     all taxpayers in all taxable years exceeds $6,000,000,000, or
       ``(2) 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 period at the end 
     and inserting ``, plus'', and
       (C) by adding at the end the following new paragraph:
       ``(34) the zero-emission nuclear power production 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 amended by adding 
     at the end the following new item:


[[Page S5750]]


``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 ensuring grid 
     reliability while avoiding emissions of carbon dioxide, 
     nitrogen oxides, sulfur oxides, particulate 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.
                                 ______