[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2271 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2271

  To establish the Green Bank to assist in the financing of qualified 
    clean energy projects and qualified energy efficiency projects.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2014

 Mr. Murphy (for himself and Mr. Blumenthal) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To establish the Green Bank to assist in the financing of qualified 
    clean energy projects and qualified energy efficiency projects.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CAPITALIZATION, METHOD OF CAPITAL STOCK PAYMENTS, ISSUANCE 
              OF GREEN BONDS.

    Chapter 31 of title 31, United States Code, is amended by adding 
after section 3102 the following new section:
``Sec. 3102A. Green Bonds
    ``(a) Initial Capitalization.--The Secretary of the Treasury shall 
issue bonds (in this section referred to as `Green Bonds') in the 
amount of $10,000,000,000 on the credit of the United States to acquire 
capital stock of the Green Bank (established under section 9801 of this 
title), of which not more than $200,000,000 shall be used for costs 
that the Green Bank incurs for its first year in order to provide 
loans, loan guarantees, debt securitization, insurance, portfolio 
insurance, and other forms of financing support or risk management for 
qualified clean energy projects and qualified energy efficiency 
projects (as such terms are defined under such section). Stock 
certificates evidencing ownership in the Green Bank shall be issued by 
the Green Bank to the Secretary of the Treasury, to the extent of 
payments made for the capital stock of the Green Bank.
    ``(b) Future Capitalization.--Upon the request of the Bank, the 
Secretary of the Treasury shall issue additional Green Bonds on the 
credit of the United States to acquire additional capital stock of the 
Green Bank in an aggregate amount not to exceed $50,000,000,000 
outstanding at any one time.
    ``(c) Denominations and Maturity.--Green Bonds shall be in such 
forms and denominations, and shall mature within such periods, as 
determined by the Secretary of the Treasury.
    ``(d) Interest.--Green Bonds shall bear interest at a rate not less 
than the current average yield on outstanding market obligations of the 
United States of comparable maturity during the month preceding the 
issuance of the obligation as determined by the Secretary of the 
Treasury.
    ``(e) Guaranteed.--Green Bonds shall be fully and unconditionally 
guaranteed both as to interest and principal by the United States, and 
such guaranty shall be expressed on the face of each bond.
    ``(f) Lawful Investments.--Green Bonds shall be lawful investments, 
and may be accepted as security for all fiduciary, trust, and public 
funds, the investment or deposit of which shall be under the authority 
or control of the United States or any officer or officers thereof.''.

SEC. 2. GREEN BANK.

    Title 31, United States Code, is amended by adding the following 
new chapter at the end thereof:

                        ``CHAPTER 98--GREEN BANK

``Sec.
``9801. Green Bank.
``Sec. 9801. Green Bank
    ``(a) Short Title.--This section may be cited as the `Green Bank 
Act of 2014'.
    ``(b) Purposes.--The purposes of this section are as follows:
            ``(1) To evaluate and coordinate financing for qualified 
        clean energy projects and qualified energy efficiency projects.
            ``(2) To provide loans, loan guarantees, debt 
        securitization, insurance, portfolio insurance, and other forms 
        of financing support or risk management to qualified clean 
        energy projects and qualified energy efficiency projects.
            ``(3) To facilitate--
                    ``(A) efficient tax equity markets for qualified 
                clean energy projects; and
                    ``(B) the financing of long-term clean energy 
                purchasing by governmental and non-governmental not-
                for-profit entities.
            ``(4) To foster--
                    ``(A) the development and consistent application of 
                transparent underwriting standards, standard 
                contractual terms, and measurement and verification 
                protocols for qualified clean energy projects and 
                qualified energy efficiency projects;
                    ``(B) the creation of performance data that enables 
                effective underwriting, risk management, and pro forma 
                modeling of financial performance of qualified clean 
                energy projects and qualified energy efficiency 
                projects to support primary financing markets and 
                stimulate development of secondary investment markets 
                for clean energy projects and energy efficiency 
                projects; and
                    ``(C) the level of financing support for qualified 
                clean energy projects and qualified energy efficiency 
                projects necessary to advance vital national 
                objectives, including--
                            ``(i) achieving energy independence from 
                        foreign energy sources;
                            ``(ii) abating climate change by increasing 
                        zero or low carbon electricity generation and 
                        transportation capabilities;
                            ``(iii) realizing energy efficiency 
                        potential in existing infrastructure;
                            ``(iv) easing the economic effects of 
                        transitioning from a carbon-based economy to a 
                        clean energy economy;
                            ``(v) achieving job creation through the 
                        construction and operation of qualified clean 
                        energy projects and qualified energy efficiency 
                        projects;
                            ``(vi) fostering long-term domestic 
                        manufacturing capacity in the clean energy and 
                        energy efficiency industries; and
                            ``(vii) complementing and supplementing 
                        other clean energy and energy efficiency 
                        legislation at the Federal or State level.
    ``(c) Definitions.--In this section:
            ``(1) Bank.--The term `Bank' means the Green Bank 
        established under subsection (d).
            ``(2) Board.--The term `Board' means the Board of Directors 
        of the Bank.
            ``(3) Clean energy project.--The term `clean energy 
        project' means any electricity generation, transmission, 
        storage, heating, cooling, transportation, distribution, 
        industrial process, or manufacturing project whose primary 
        purpose is the deployment, development, or production of an 
        energy system or technology that avoids, reduces, or sequesters 
        air pollutants or anthropogenic greenhouse gases, including the 
        following:
                    ``(A) Solar.
                    ``(B) Wind.
                    ``(C) Geothermal.
                    ``(D) Biomass.
                    ``(E) Hydropower.
                    ``(F) Ocean and hydrokinetic.
                    ``(G) Fuel cell.
                    ``(H) Advanced battery.
                    ``(I) Carbon capture and sequestration.
                    ``(J) Next generation biofuels from nonfood 
                feedstocks.
                    ``(K) Alternative vehicle fuel infrastructure.
                    ``(L) Nuclear.
            ``(4) Energy efficiency project.--The term `energy 
        efficiency project' means any project, technology, function, or 
        measure that results in the reduction of energy use required to 
        achieve the same level of service or output prior to the 
        application of such project, technology, function, or measure, 
        or substantially reduces greenhouse gas emissions relative to 
        emissions that would have occurred prior to the application of 
        such project, technology, function, or measure.
            ``(5) Green bond.--The term `Green Bond' means a bond 
        issued pursuant to section 3102A of this title.
            ``(6) Qualified clean energy project.--The term `qualified 
        clean energy project' means a clean energy project that--
                    ``(A) is carried out domestically within the 
                territorial borders of the United States;
                    ``(B) stays current on interest and debt payment 
                obligations;
                    ``(C) pays wages in accordance with subchapter IV 
                of chapter 31 of title 40, United States Code (commonly 
                referred to as the Davis-Bacon Act);
                    ``(D) if for nuclear power, is funded by the Bank 
                only after all other existing Federal financial support 
                has been expended; and
                    ``(E) satisfies any other conditions established by 
                the Bank and published in the Federal Register.
            ``(7) Qualified energy efficiency project.--The term 
        `qualified energy efficiency project' means an energy 
        efficiency project, including smart grid technologies and 
        functions characterized in section 1301 of the Energy 
        Independence and Security Act of 2007 and end-use technologies 
        for efficiency gains in new construction and across existing 
        infrastructure that--
                    ``(A) is carried out domestically within the 
                territorial borders of the United States;
                    ``(B) stays current on interest and debt payment 
                obligations;
                    ``(C) pays wages in accordance with subchapter IV 
                of chapter 31 of title 40, United States Code (commonly 
                referred to as the Davis-Bacon Act); and
                    ``(D) satisfies any other conditions established by 
                the Bank and published in the Federal Register.
            ``(8) State clean energy financing institution.--The term 
        `State clean energy financing institution' means an independent 
        entity, quasi-independent entity, or an entity within a State 
        agency or financing authority established by a State to--
                    ``(A) provide low-cost or long-term financing 
                support or credit enhancements, including loan 
                guarantees and loan loss reserves, for qualified clean 
                energy projects or qualified energy efficiency 
                projects; and
                    ``(B) create liquid markets for these projects 
                including warehousing and securitization, or take other 
                steps to reduce financial barriers to the deployment of 
                existing and innovative clean energy and energy 
                efficiency projects. State clean energy financing 
                institutions may enter into partnerships with private 
                entities.
    ``(d) Green Bank.--
            ``(1) Establishment of corporation.--There is established a 
        corporation to be known as the Green Bank that shall be wholly 
        owned by the United States.
            ``(2) Independent corporation.--The Bank shall be an 
        independent corporation. Neither the Bank nor any of its 
        functions, powers, or duties shall be transferred to or 
        consolidated with any other department, agency, or corporation 
        of the Government unless the Congress provides otherwise.
            ``(3) Charter.--The Bank shall be chartered for 20 years 
        from the date of enactment of this section.
            ``(4) Governance.--
                    ``(A) Board of directors of the bank.--
                            ``(i) In general.--The Bank shall be under 
                        the direction of a Board of Directors.
                            ``(ii) Membership.--The Board shall consist 
                        of 11 members, as follows:
                                    ``(I) The Secretary of Energy or 
                                the Secretary's designee.
                                    ``(II) The Secretary of the 
                                Treasury or the Secretary's designee.
                                    ``(III) The Secretary of the 
                                Interior or the Secretary's designee.
                                    ``(IV) The Secretary of Agriculture 
                                or the Secretary's designee.
                                    ``(V) The Secretary of 
                                Transportation or the Secretary's 
                                designee.
                                    ``(VI) 6 members appointed by the 
                                President of the United States 
                                including a Chief Executive Officer, 1 
                                member with expertise regarding 
                                renewable energy, 1 member with 
                                expertise regarding energy efficiency, 
                                1 member with expertise regarding 
                                electric utilities, 1 member with 
                                expertise regarding consumer affairs, 
                                and 1 member with expertise regarding 
                                sustainable transportation.
                            ``(iii) Quorum.--6 members of the Board 
                        shall constitute a quorum.
                            ``(iv) Bylaws.--The Board shall adopt, and 
                        may amend, such bylaws as are necessary for the 
                        proper management and functioning of the Bank, 
                        and shall, in such bylaws, designate the vice 
                        presidents and other officers of the Bank and 
                        prescribe their duties.
                            ``(v) Terms.--The initial terms of the 
                        members of the Board shall be 4 years. For 
                        terms beginning after the first 4 years 
                        following the date of the enactment of this 
                        section, the Board shall create staggered terms 
                        of 2, 3, and 4 years for members of the Board.
                            ``(vi) Vacancies.--Any vacancy on the Board 
                        shall be filled in the same manner in which the 
                        original appointment was made.
                            ``(vii) Interim appointments.--Any member 
                        appointed to fill a vacancy occurring before 
                        the expiration of the term for which such 
                        member's predecessor was appointed shall be 
                        appointed only for the remainder of such term.
                            ``(viii) Reappointment.--Members of the 
                        Board may be reappointed for additional terms 
                        of service as members of the Board.
                            ``(ix) Continuation of service.--Any member 
                        of the Board whose term has expired may 
                        continue to serve on the Board until the 
                        earlier of--
                                    ``(I) the date on which such 
                                member's successor is appointed; or
                                    ``(II) the end of the 6-month 
                                period beginning on the date such 
                                member's term expires.
                            ``(x) Chairman.--The Board shall select a 
                        Chairman from among its members.
                    ``(B) Executive vice president.--The Chief 
                Executive Officer shall appoint an Executive Vice 
                President who--
                            ``(i) shall serve as Chief Executive 
                        Officer of the Bank during the absence or 
                        disability of, or in the event of a vacancy in 
                        the office, of Chief Executive Officer; and
                            ``(ii) shall at other times perform such 
                        functions as the Chief Executive Officer may 
                        prescribe.
                    ``(C) Policies and procedures.--At the request of 
                any 2 members of the Board, the Chairman shall place an 
                item pertaining to the policies or procedures of the 
                Bank on the agenda for discussion by the Board. Not 
                later than 30 days after the date such a request is 
                made, the Chairman shall hold a meeting of the Board at 
                which such item shall be discussed.
                    ``(D) Conflicts of interest.--No director, officer, 
                attorney, agent, or employee of the Bank shall in any 
                manner, directly or indirectly, participate in the 
                deliberation upon, or the determination of, any 
                question affecting such individual's personal 
                interests, or the interests of any corporation, 
                partnership, or association in which such individual is 
                directly or indirectly personally interested.
            ``(5) Hiring and contracting authority.--
                    ``(A) Contracting.--The Bank may employ or 
                otherwise contract with banks, credit agencies, 
                attorneys, and other third parties at customary 
                commercial rates.
                    ``(B) Hiring.--Notwithstanding any otherwise 
                applicable Federal rules and regulations, the Bank may 
                employ and otherwise contract with employees and 
                provide compensation to such employees at prevailing 
                rates for compensation for similar positions in private 
                industry.
            ``(6) Sunset.--
                    ``(A) Expiration of charter.--The Bank shall 
                continue to exercise its functions until all 
                obligations and commitments of the Bank are discharged, 
                even after its charter has expired.
                    ``(B) Prior obligations.--No provisions of this 
                subsection shall be construed as preventing the Bank 
                from--
                            ``(i) acquiring obligations prior to the 
                        date of the expiration of its charter which 
                        mature subsequent to such date;
                            ``(ii) assuming, prior to the date of the 
                        expiration of its charter, liability as 
                        guarantor, endorser, or acceptor of obligations 
                        which mature subsequent to such date;
                            ``(iii) issuing, prior or subsequent to the 
                        date of the expiration of its charter, for 
                        purchase by the Secretary of the Treasury or 
                        any other purchasers, its notes, debentures, 
                        bonds, or other obligations which mature 
                        subsequent to such date; or
                            ``(iv) continuing as a corporation and 
                        exercising any of its functions subsequent to 
                        the date of the expiration of its charter for 
                        purposes of orderly liquidation, including the 
                        administration of its assets and the collection 
                        of any obligations held by the Bank.
    ``(e) Lending, Financing, Expenditures.--
            ``(1) In general.--The Bank shall establish a program to 
        provide on a competitive basis loans, loan guarantees, debt 
        securitization, insurance, portfolio insurance, and other forms 
        of financing support or risk management, as the Bank determines 
        appropriate, for any qualifying clean energy project or 
        qualifying energy efficiency project.
            ``(2) Requirements.--The Bank may only provide financing 
        support (including loans, loan guarantees, debt securitization, 
        insurance, portfolio insurance, and other forms of financing 
        support or risk management under paragraph (1)) if--
                    ``(A) such support is commercially reasonable and 
                does not exceed 80 percent of the capitalization of the 
                qualified clean energy project or qualified energy 
                efficiency project;
                    ``(B) is secured by the underlying project or such 
                other collateral as the Chief Executive Officer of the 
                Bank determines appropriate; and
                    ``(C) in the judgment of the Chief Executive 
                Officer--
                            ``(i) the private credit market is not 
                        providing adequately low-priced financing to 
                        enable otherwise credit worthy entities to 
                        carry out qualified clean energy projects and 
                        qualified energy efficiency projects;
                            ``(ii) such financing support would 
                        facilitate construction or expansion of a 
                        qualified clean energy project or qualified 
                        energy efficiency project at an accelerated 
                        rate; or
                            ``(iii) such financing support would 
                        stimulate, aid, or otherwise support domestic 
                        manufacturing of finished products or component 
                        parts used in clean energy projects or energy 
                        efficiency projects.
            ``(3) State clean energy financing institutions.--
                    ``(A) Co-funding.--The Bank may co-fund a qualified 
                clean energy project or qualified energy efficiency 
                project with a State clean energy financing 
                institution.
                    ``(B) Establishment.--The Bank may make up to 
                $500,000,000 available through a low-interest loan for 
                the establishment of a State clean energy financing 
                institution if the clean energy financing institution--
                            ``(i) provides at least an equal amount for 
                        establishing such institution; and
                            ``(ii) uses funding from the Bank only for 
                        the purposes described in this section.
            ``(4) Financing activities.--
                    ``(A) In general.--The Bank may facilitate 
                financing transactions in tax equity markets and long-
                term purchasing of clean energy by governmental and 
                non-governmental not-for-profit entities, to the degree 
                and extent that the Bank determines such financing 
                activity is appropriate and consistent with carrying 
                out the terms of this section.
                    ``(B) Securitization.--
                            ``(i) Authority.--The Bank may, upon such 
                        terms and conditions as the Bank considers 
                        appropriate, guarantee the timely payment of 
                        principal of and interest on securities that 
                        are--
                                    ``(I) issued by any issuer approved 
                                for the purposes of this subparagraph 
                                by the Bank; and
                                    ``(II) based on and backed by a 
                                trust or pool composed of loans made 
                                pursuant to this section.
                            ``(ii) Fees.--The Bank may collect from the 
                        issuer of a security guaranteed under this 
                        subparagraph a reasonable fee for the guarantee 
                        under this subparagraph.
                            ``(iii) Payments.--If an issuer fails to 
                        make any payment of principal of or interest on 
                        any security guaranteed under this 
                        subparagraph, the Bank shall make such payment 
                        as and when due, and upon such payment shall be 
                        subrogated fully to the rights satisfied by 
                        such payment.
                            ``(iv) Default.--The Bank may, in 
                        connection with any guaranty under this 
                        subparagraph, whether before or after any 
                        default, provide by contract with the issuer 
                        for the extinguishment, upon default by the 
                        issuer, of any redemption, equitable, legal, or 
                        other right, title, or interest of the issuer 
                        in any loan or loans constituting the trust or 
                        pool against which the guaranteed securities 
                        are issued, and with respect to any issue of 
                        guaranteed securities, in the event of default 
                        and pursuant otherwise to the terms of the 
                        contract, the loans that constitute such trust 
                        or pool shall become the absolute property of 
                        the Bank subject only to the unsatisfied rights 
                        of the holders of the securities based on and 
                        backed by such trust or pool.
                            ``(v) Effect of other laws.--No State or 
                        local law, and no Federal law (except Federal 
                        law enacted expressly in limitation of this 
                        subparagraph after the effective date of this 
                        subparagraph), shall preclude or limit the 
                        exercise by the Bank of--
                                    ``(I) its power to contract with 
                                the issuer on the terms stated in 
                                clause (iv);
                                    ``(II) its rights to enforce any 
                                such contract with the issuer; or
                                    ``(III) its ownership rights, as 
                                provided in clause (iv), in the loans 
                                constituting the trust or pool against 
                                which the guaranteed securities are 
                                issued.
            ``(5) Trusts.--The Bank is authorized to create, accept, 
        execute, and otherwise administer in all respects trusts, 
        receiverships, conservatorships, liquidating or other agencies, 
        or other fiduciary and representative undertakings and 
        activities, as appropriate for financing purposes. Instruments 
        issued by the Bank pursuant to this section are, to the same 
        extent as securities which are direct obligations of or 
        obligations guaranteed as to principal or interest by the 
        United States, exempt securities within the meaning of laws 
        administered by the Securities and Exchange Commission.
            ``(6) Fees.--In addition to fees authorized under paragraph 
        (4)(B)(ii), the Bank shall assess reasonable fees on its 
        activities, including loans, loan guarantees, insurance, 
        portfolio insurance, and other forms of financing support or 
        risk management it provides so as to cover its reasonable costs 
        and expenses, consistent with the Federal Credit Reform Act of 
        1990 (2 U.S.C. 661 et seq.), provided the Bank operates as a 
        not-for-profit entity.
            ``(7) Appropriations and retention of receipts.--For 
        purposes of the Federal Credit Reform Act, funds made available 
        to the Green Bank pursuant to section 3102A for carrying out 
        this section are appropriated to the Green Bank for the 
        purposes described in the section. Receipts collected by the 
        Green Bank, consistent with the Federal Credit Reform Act, 
        shall be considered to have been provided in advance in an 
        appropriations act, and shall remain available to the Green 
        Bank until expended.
            ``(8) Environmental review.--In providing any financing 
        support under this section, the Bank may, with the concurrence 
        of the Council on Environmental Quality, adopt by reference and 
        rely on any applicable categorical exclusion or environmental 
        review promulgated by any other Federal Agency pursuant to the 
        National Environmental Policy Act of 1969 (Public Law 91-190).
            ``(9) Immunity from impairment, limitation, or 
        restriction.--
                    ``(A) In general.--All rights and remedies of the 
                Bank shall be immune from impairment, limitation, or 
                restrictions by or under--
                            ``(i) any law (other than a law enacted by 
                        Congress expressly in limitation of this 
                        paragraph) that becomes effective after the 
                        acquisition by the Bank of the subject or 
                        property on, under, or with respect to which 
                        the right or remedy arises or exists or would 
                        so arise or exist in the absence of the law; or
                            ``(ii) any administrative or other action 
                        that becomes effective after the acquisition.
                    ``(B) State law.--The Bank may conduct its business 
                without regard to any qualification or law of any State 
                relating to incorporation.
            ``(10) Taxation.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Bank (including its activities, capital, reserves, 
                surplus and income) shall be exempt from all taxation 
                imposed by any State or local political subdivision of 
                a State.
                    ``(B) Real property.--Any real property of the Bank 
                shall be subject to taxation by a State or political 
                subdivision of a State to the same extent according to 
                the value of the real property as other real property 
                is taxed.
            ``(11) Power to remove; jurisdiction.--Notwithstanding any 
        other provision of law, any civil action, suit, or proceeding 
        to which the Bank is a party shall be deemed to arise under the 
        laws of the United States, and the United States district 
        courts shall have original jurisdiction. The Bank may, without 
        bond or security, remove any such action, suit, or proceeding 
        from a State court to a United States district court or to the 
        United States District Court for the District of Columbia.
            ``(12) Spending safeguards.--
                    ``(A) In general.--The Chief Executive Officer of 
                the Bank--
                            ``(i) shall require any entity receiving 
                        financing support (including a loan, loan 
                        guarantee, debt securitization, insurance, 
                        portfolio insurance, and other forms of 
                        financing support or risk management) pursuant 
                        to this section to report quarterly, in a 
                        format specified by the Chief Executive 
                        Officer, on such entity's use of such support 
                        and its progress fulfilling the objectives for 
                        which such support was granted, and the Chief 
                        Executive Officer shall make these reports 
                        available to the public;
                            ``(ii) may establish additional reporting 
                        and information requirements for any recipient 
                        of financing support made available pursuant to 
                        this section;
                            ``(iii) shall establish appropriate 
                        mechanisms to ensure appropriate use and 
                        compliance with all terms of any financing 
                        support made available pursuant to this 
                        section;
                            ``(iv) may, in addition to and consistent 
                        with any other authority under applicable law, 
                        deobligate financing support made available 
                        pursuant to this section to entities that 
                        demonstrate an insufficient level of 
                        performance, or wasteful or fraudulent 
                        spending, as defined in advance by the Chief 
                        Executive Officer, and award these funds 
                        competitively to new or existing applicants 
                        consistent with this section;
                            ``(v) shall create and maintain a fully 
                        searchable database, accessible on the Internet 
                        (or successor protocol) at no cost to the 
                        public, that contains at least--
                                    ``(I) a list of each entity that 
                                has applied for a loan, loan guarantee, 
                                insurance, portfolio insurance, or 
                                other forms of financing support or 
                                risk management under this section;
                                    ``(II) a description of each 
                                application;
                                    ``(III) the status of each such 
                                application;
                                    ``(IV) the name of each entity 
                                receiving funds made available pursuant 
                                to this section;
                                    ``(V) the purpose for which such 
                                entity is receiving such funds;
                                    ``(VI) each quarterly report 
                                submitted by the entity pursuant to 
                                this section; and
                                    ``(VII) such other information 
                                sufficient to allow the public to 
                                understand and monitor loans, loan 
                                guarantees, insurance, portfolio 
                                insurance, and other forms of financing 
                                support or risk management provided 
                                under this section;
                            ``(vi) to the extent practicable, data 
                        maintained under clause (v) shall be used to 
                        inform private capital markets, including the 
                        development of underwriting standards for the 
                        financing of clean energy projects and energy 
                        efficiency projects;
                            ``(vii) shall make all financing 
                        transactions available for public inspection, 
                        including formal annual reviews by both a 
                        private auditor and the Comptroller General; 
                        and
                            ``(viii) shall at all times be available to 
                        receive public comment in writing on the 
                        activities of the Bank.
                    ``(B) Protection of confidential business 
                information.--To the extent necessary and appropriate, 
                the Chief Executive Officer may redact any information 
                regarding applicants and borrowers to protect 
                confidential business information.
            ``(13) Guarantee.--Except as provided in section 3102A(e) 
        with respect to Green Bonds, financial support provided by the 
        Bank shall not be fully and unconditionally guaranteed by the 
        United States.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Tax Exempt Status.--Subsection (l) of section 501 of the 
Internal Revenue Code of 1986 is amended by adding at the end the 
following:
            ``(4) The Green Bank established under section 9801 of 
        title 31, United States Code.''.
    (b) Wholly Owned Government Corporation.--Paragraph (3) of section 
9101 of title 31, United States Code, is amended by adding at the end 
the following:
                    ``(S) the Green Bank.''.
    (c) Clerical Amendments.--
            (1) The table of sections for chapter 31 of title 31, 
        United States Code, is amended by inserting after the item 
        relating to section 3102 the following new item:

``3102A. Green bonds.''.
            (2) The table of chapters for subtitle VI of title 31, 
        United States Code, is amended by adding at the end the 
        following new item:

``98. Green Bank............................................    9801''.

SEC. 4. DEFER DEDUCTION OF INTEREST EXPENSE RELATED TO DEFERRED INCOME.

    (a) In General.--Section 163 of the Internal Revenue Code of 1986 
(relating to deductions for interest expense) is amended by 
redesignating subsection (n) as subsection (o) and by inserting after 
subsection (m) the following new subsection:
    ``(n) Deferral of Deduction for Interest Expense Related to 
Deferred Income.--
            ``(1) General rule.--In the case of any taxpayer, the 
        amount of foreign-related interest expense allowed as a 
        deduction under this chapter for any taxable year shall not 
        exceed an amount that bears the same ratio to the sum of the 
        foreign-related interest expense for such year and the deferred 
        foreign-related interest expense as the current inclusion 
        ratio.
            ``(2) Treatment of deferred deductions.--If, for any 
        taxable year--
                    ``(A) the amount that bears the same ratio to the 
                sum of the foreign-related interest expense for such 
                year and the deferred foreign-related interest expense 
                as the current inclusion ratio, exceeds
                    ``(B) the foreign-related interest expense for such 
                year, there shall be allowed as a deduction for such 
                year an amount equal to the lesser of such excess and 
                the deferred foreign-related interest expense.
            ``(3) Definitions and special rule.--For purposes of this 
        subsection--
                    ``(A) Foreign-related interest expense.--The term 
                `foreign-related interest expense' means, for any 
                taxable year, an amount of interest expense for such 
                taxable year allocated and apportioned under sections 
                861 and 864(e) to income from sources outside the 
                United States which bears the same proportion to such 
                interest expense as the value of all stock held by the 
                taxpayer in all section 902 corporations (as defined in 
                section 909(d)(5)) with respect to which the taxpayer 
                meets the ownership requirements of subsection (a) or 
                (b) of section 902 bears to the value of all assets of 
                the taxpayer which generate gross income from sources 
                outside the United States.
                    ``(B) Deferred foreign-related interest expense.--
                The term `deferred foreign-related interest expense' 
                means the excess, if any, of the aggregate foreign-
                related interest expense for all prior taxable years, 
                over the aggregate amount allowed as a deduction under 
                paragraphs (1) and (2) for all prior taxable years.
                    ``(C) Value of assets.--Except as otherwise 
                provided by the Secretary, for purposes of paragraph 
                (3)(A)(i), the value of any asset shall be the amount 
                with respect to such asset used as determined for 
                purposes of allocating and apportioning interest 
                expense under sections 861 and 864(e).
                    ``(D) Current inclusion ratio.--The term `current 
                inclusion ratio' means, with respect to any domestic 
                corporation which meets the ownership requirements of 
                subsection (a) or (b) of section 902 with respect to 
                one or more section 902 corporations for any taxable 
                year, the ratio (expressed as a percentage) of--
                            ``(i) the sum of all dividends received by 
                        the domestic corporation from a section 902 
                        corporation during the taxable year plus 
                        amounts includible in gross income under 
                        section 951(a) from such section 902 
                        corporation, in each case computed without 
                        regard to section 78, divided by
                            ``(ii) the aggregate amount of post-1986 
                        undistributed earnings for the taxable year.
                    ``(E) Aggregate amount of post-1986 undistributed 
                earnings.--The term `aggregate amount of post-1986 
                undistributed earnings' means, with respect to any 
                domestic corporation which meets the ownership 
                requirements of subsection (a) or (b) of section 902 
                with respect to one or more section 902 corporations, 
                the domestic corporation's pro rata share of the post-
                1986 undistributed earnings (as defined in section 
                902(c)(1)) of all such section 902 corporations.
                    ``(F) Foreign currency conversion.--For purposes of 
                determining the current inclusion ratio, and except as 
                otherwise provided by the Secretary, the aggregate 
                amount of post-1986 undistributed earnings for the 
                taxable year shall be determined by translating each 
                section 902 corporation's post-1986 undistributed 
                earnings into dollars using the average exchange rate 
                for such year.
            ``(4) Treatment of affiliated groups.--The current 
        inclusion ratio of each member of an affiliated group (as 
        defined in section 864(e)(5)(A)) shall be determined as if all 
        members of such group were a single corporation.
            ``(5) Application to separate categories of income.--This 
        subsection shall be applied separately with respect to the 
        categories of income specified in section 904(d)(1).
            ``(6) Regulations.--The Secretary may prescribe such 
        regulations or other guidance as is necessary or appropriate to 
        carry out the purposes of this subsection, including 
        regulations or other guidance providing--
                    ``(A) for the proper application of this subsection 
                with respect to changes in ownership of a section 902 
                corporation,
                    ``(B) that certain corporations that otherwise 
                would not be members of the affiliated group will be 
                treated as members of the affiliated group for purposes 
                of this subsection,
                    ``(C) for the proper application of this subsection 
                with respect to the taxpayer's share of a deficit in 
                earnings and profits of a section 902 corporation,
                    ``(D) for appropriate adjustments to the 
                determination of the value of stock in any section 902 
                corporation for purposes of this subsection or to the 
                foreign-related interest expense to account for income 
                that is subject to tax under section 882(a)(1), and
                    ``(E) for the proper application of this subsection 
                with respect to interest expense that is directly 
                allocable to income with respect to certain assets.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning on or after January 1, 2015.
                                 <all>