S. 1610Senate111th Congress (2009-2011)In Committee

American Shipping Reinvestment Act of 2009

Introduced August 6, 2009

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S9011-9012)

August 6, 2009

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SenateIntro Referral

Introduced in Senate

August 6, 2009

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S9010-9011)

August 6, 2009

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S9011-9012)

August 6, 2009

Floor Debate

19 members

What members said about S. 1610 on the floor

2 Republicans16 Democrats1 Independent
Maria Cantwell
Sen. Maria CantwellD-WA · Aug 6, 2009

Mr. President, I am pleased to join with my colleague, Senator Grassley, and introduce an important piece of legislation that will modernize the tax incentive for domestic biodiesel production. The…

Michael F. Bennet
Sen. Michael F. BennetD-CO · Aug 6, 2009

Mr. President, I cannot tell you how much I appreciated your remarks--I was sitting in the chair--and those of Chairman Dodd as well. The hour is late. The idea that you would be here at that hour to…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Aug 6, 2009

Mr. President, as the success of the Cash for Clunkers Program that we are working to extend today makes clear, there is substantial interest among consumers in upgrading the fuel efficiency of their…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Aug 6, 2009

Mr. President, I rise to introduce the Livable Communities Act. Our communities are growing and changing. And the way we plan for their futures needs to evolve, as well. At stake is whether or not we…

Mark Udall
Sen. Mark UdallD-CO · Aug 6, 2009

Mr. President, today I am introducing along with my friend and colleague, Senator Bennet, the Ruedi Reservoir Water Allocation for Recovery of Endangered Fish Act. This bill will help address…

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Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Aug 6, 2009

I rise to speak in support of the Foreign Manufacturers Legal Accountability Act of 2009, which I am introducing today with the ranking member of the Judiciary Committee, Senator Sessions, and…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Aug 6, 2009

Mr. President, I rise today with the newest esteemed Member of this Chamber, Senator Al Franken, to introduce the Affordable Access to Prescription Medications Act of 2009. I think this is the first…

Ron Wyden
Sen. Ron WydenD-OR · Aug 6, 2009

Mr. President, businesses like airlines, trucking companies, and heating oil distributors buy and sell oil and futures contracts because they need to do so to run their day-to-day business and hedge…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Aug 6, 2009

Mr. President, I rise today to reintroduce legislation that will increase the trustworthiness of our Nation's mortgage security market by creating the Federal Board of Certification for mortgage…

Maria Cantwell
Sen. Maria CantwellD-WA · Aug 6, 2009

Mr. President, I am pleased to join with my colleagues Senators Vitter, Landrieu, Murray, and Martinez and introduce the American Shipping Reinvestment Act of 2009. This legislation will build on…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Aug 6, 2009

Mr. President, today I introduced a bill entitled 7th Generation Promise: Indian Youth Suicide Prevention Act, to address the crisis of youth suicide in Indian Country. I introduce this legislation…

Patty Murray
Sen. Patty MurrayD-WA · Aug 6, 2009

Mr. President, for a child in a developing country, very simple tools, like safe injection technologies for vaccination, can mean the difference between life and death. But the fact is that many…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Aug 6, 2009

Mr. President, today I am reintroducing legislation that seeks to answer a question more and more Americans are asking in light of our economic woes and our struggle toward energy independence: Why…

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Bernard Sanders
Sen. Bernard SandersI-VT · Aug 6, 2009

Mr. President, today I am pleased to introduce the Thermal Energy Efficiency Act, which I believe can play an important role in moving our Nation toward green job creation and greenhouse gas…

Barbara Boxer
Sen. Barbara BoxerD-CA · Aug 6, 2009

Mr. President, I rise to discuss the Gold Hill-Wakamatsu Preservation Act. This legislation would authorize the Bureau of Land Management to acquire and manage the Gold Hill Ranch near Coloma,…

Tom Harkin
Sen. Tom HarkinD-IA · Aug 6, 2009

Mr. President, our national energy situation continues to deteriorate. Volatile petroleum and gasoline prices threaten our economy, and our oil imports are responsible for an incredibly large wealth…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Aug 6, 2009

Mr. President, today, I am pleased to introduce the Reserve Officers Association Modernization Act of 2009. I want to thank Senators Chambliss and Pryor for joining me to introduce this legislation.…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Aug 6, 2009

Mr. President, this morning, 660,000 police officers and 300,000 firefighters across the country will get up and go to work to protect our homes, our families, and our communities. They will go into…

Jeff Sessions
Sen. Jeff SessionsR-AL · Aug 6, 2009

Mr. President, Senator Whitehouse's legislation would help American consumers bring civil claims against foreign manufacturers who produce faulty goods and send them into the U.S. market. Currently,…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Aug 6, 2009

Mr. President, in recent years, consumer credit has gone from providing convenience and short-term financing to a game of tricks and traps that strips families of hard earned resources and locks the…

Bill Text

Latest available legislative text

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Introduced in SenateIssued August 6, 2009

II

111th CONGRESS

1st Session

S. 1610

IN THE SENATE OF THE UNITED STATES

August 6, 2009

Ms. Cantwell (for herself, Mr. Vitter, Ms. Landrieu, Mrs. Murray, and Mr. Martinez) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to repeal the shipping investment withdrawal rules in section 955 and to provide an incentive to reinvest foreign shipping earnings in the United States.

1.

Short title

This Act may be cited as the American Shipping Reinvestment Act of 2009.

2.

Repeal of qualified shipping investment withdrawal rules

(a)

In general

Section 955 of the Internal Revenue Code of 1986 (relating to withdrawal of previously excluded subpart F income from qualified investment) is hereby repealed.

(b)

Conforming amendments

(1)

Section 951(a)(1)(A) of the Internal Revenue Code of 1986 is amended by adding and at the end of clause (i) and by striking clause (iii).

(2)

Section 951(a)(1)(A)(ii) is amended by striking , and at the end and inserting , except that in applying this clause amounts invested in less developed country corporations described in section 955(c)(2) (as so in effect) shall not be treated as investments in less developed countries..

(3)

Section 951(a)(3) of such Code (relating to the limitation on pro rata share of previously excluded subpart F income withdrawn from investment) is hereby repealed.

(4)

Section 964(b) of such Code is amended by striking , 955,.

(5)

The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by striking the item relating to section 955.

(c)

Effective date

The amendments made by this section shall apply to taxable years of controlled foreign corporations ending on or after the date of the enactment of this Act, and to taxable years of United States shareholders in which or with which such taxable years of controlled foreign corporations end.

3.

One-time temporary dividends received deduction for previously untaxed foreign base company shipping income

(a)

In general

In the case of a corporation which is a United States shareholder and for which an election under this section is made for the taxable year, for purposes of the Internal Revenue Code of 1986, there shall be allowed as a deduction in computing taxable income under section 63 of such Code an amount equal to 85 percent of the cash distributions which are received during such taxable year by such shareholder from controlled foreign corporations to the extent that the distributions are attributable to income—

(1)

which was derived by the controlled foreign corporation in taxable years beginning before January 1, 2005, and

(2)

which would, without regard to the year earned, be described in section 954(f) (as in effect before the enactment of the American Jobs Creation Act of 2004).

(b)

Indirect dividends

A rule similar to the rule of section 965(a)(2) of the Internal Revenue Code of 1986 shall apply, determined by treating cash distributions which are so attributable as cash dividends.

(c)

Limitation

The amount of dividends taken into account under this section shall not exceed the amount permitted to be taken into account under paragraphs (1), (3) (determined by substituting December 31, 2008 for October 3, 2004), and (4) of section 965(b) of the Internal Revenue Code of 1986, determined as if such paragraphs applied to this section.

(d)

Taxpayer election and designation

For purposes of subsection (a), a taxpayer may, on its return for the taxable year to which this section applies—

(1)

elect to apply paragraph (3) of section 959(c) of the Internal Revenue Code of 1986 before paragraphs (1) and (2) thereof, and

(2)

designate the extent, if any, to which a cash distribution reduces a controlled foreign corporation’s earnings and profits attributable to—

(A)

foreign base company shipping income (determined under section 954(f) of the Internal Revenue Code of 1986 as in effect before the enactment of the American Jobs Creation Act of 2004), or

(B)

other earnings and profits.

(e)

Election

(1)

In general

The taxpayer may elect to apply this section to—

(A)

the taxpayer’s last taxable year which begins before the date of the enactment of this Act, or

(B)

the taxpayer’s first taxable year which begins during the 1-year period beginning on such date.

(2)

Timing of election and one-time election

Such election may be made for a taxable year—

(A)

only if made on or before the due date (including extensions) for filing the return of tax for such taxable year, and

(B)

only if no election has been made under this section or section 965 of the Internal Revenue Code of 1986 with respect to the same distribution for any other taxable year of the taxpayer.

(f)

Reduction in benefits for failure To maintain employment levels

(1)

In general

If, during the period consisting of the calendar month in which the taxpayer first receives a distribution described in subsection (a) and the succeeding 23 calendar months, the taxpayer does not maintain an average employment level at least equal to the taxpayer’s prior average employment, an additional amount equal to $25,000 multiplied by the number of employees by which the taxpayer's average employment level during such period falls below the prior average employment (but not exceeding the aggregate amount allowed as a deduction pursuant to subsection (a)) shall be taken into account as income by the taxpayer during the taxable year that includes the final day of such period.

(2)

Prior average employment

For purposes of this paragraph, the taxpayer’s prior average employment shall be the average number of full time equivalent employees of the taxpayer during the period consisting of the 24 calendar months immediately preceding the calendar month in which the taxpayer first receives a distribution described in subsection (a).

(3)

Aggregation rules

In determining the taxpayer’s average employment level and prior average employment, all domestic members of a controlled group (as defined in section 264(e)(5)(B) of the Internal Revenue Code of 1986) shall be treated as a single taxpayer.

(g)

Special rules

Rules similar to the rules of subsections (d) and (e) and paragraphs (3), (4), and (5) of subsection (c) of section 965 of the Internal Revenue Code of 1986 shall apply for purposes of this section.

(h)

Effective date

This section shall apply to taxable years ending on or after the date of the enactment of this Act.