[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3321 Enrolled Bill (ENR)]
H.R.3321
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
To facilitate the hosting in the United States of the 34th America's Cup
by authorizing certain eligible vessels to participate in activities
related to the competition, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Cup Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 34th america's cup.--The term ``34th America's Cup''--
(A) means the sailing competitions, commencing in 2011, to
be held in the United States in response to the challenge to
the defending team from the United States, in accordance with
the terms of the America's Cup governing Deed of Gift, dated
October 24, 1887; and
(B) if a United States yacht club successfully defends the
America's Cup, includes additional sailing competitions
conducted by America's Cup Race Management during the 1-year
period beginning on the last date of such defense.
(2) America's cup race management.--The term ``America's Cup
Race Management'' means the entity established to provide for
independent, professional, and neutral race management of the
America's Cup sailing competitions.
(3) Eligibility certification.--The term ``Eligibility
Certification'' means a certification issued under section 4.
(4) Eligible vessel.--The term ``eligible vessel'' means a
competing vessel or supporting vessel of any registry that--
(A) is recognized by America's Cup Race Management as an
official competing vessel, or supporting vessel of, the 34th
America's Cup, as evidenced in writing to the Administrator of
the Maritime Administration of the Department of
Transportation;
(B) transports not more than 25 individuals, in addition to
the crew;
(C) is not a ferry (as defined under section 2101(10b) of
title 46, United States Code);
(D) does not transport individuals in point-to-point
service for hire; and
(E) does not transport merchandise between ports in the
United States.
(5) Supporting vessel.--The term ``supporting vessel'' means a
vessel that is operating in support of the 34th America's Cup by--
(A) positioning a competing vessel on the race course;
(B) transporting equipment and supplies utilized for the
staging, operations, or broadcast of the competition; or
(C) transporting individuals who--
(i) have not purchased tickets or directly paid for
their passage; and
(ii) who are engaged in the staging, operations, or
broadcast of the competition, race team personnel, members
of the media, or event sponsors.
SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS.
Notwithstanding sections 55102, 55103, and 55111 of title 46,
United States Code, an eligible vessel, operating only in preparation
for, or in connection with, the 34th America's Cup competition, may
position competing vessels and may transport individuals and equipment
and supplies utilized for the staging, operations, or broadcast of the
competition from and around the ports in the United States.
SEC. 4. CERTIFICATION.
(a) Requirement.--A vessel may not operate under section 3 unless
the vessel has received an Eligibility Certification.
(b) Issuance.--The Administrator of the Maritime Administration of
the Department of Transportation is authorized to issue an Eligibility
Certification with respect to any vessel that the Administrator
determines, in his or her sole discretion, meets the requirements set
forth in section 2(4).
SEC. 5. ENFORCEMENT.
Notwithstanding sections 55102, 55103, and 55111 of title 46,
United States Code, an Eligibility Certification shall be conclusive
evidence to the Secretary of the Department of Homeland Security of the
qualification of the vessel for which it has been issued to participate
in the 34th America's Cup as a competing vessel or a supporting vessel.
SEC. 6. PENALTY.
Any vessel participating in the 34th America's Cup as a competing
vessel or supporting vessel that has not received an Eligibility
Certification or is not in compliance with section 12112 of title 46,
United States Code, shall be subject to the applicable penalties
provided in chapters 121 and 551 of title 46, United States Code.
SEC. 7. WAIVERS.
(a) In General.--Notwithstanding sections 12112 and 12132 and
chapter 551 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may issue a
certificate of documentation with a coastwise endorsement for each of
the following vessels:
(1) M/V GEYSIR (United States official number 622178).
(2) OCEAN VERITAS (IMO number 7366805).
(3) LUNA (United States official number 280133).
(b) Documentation of LNG Tankers.--
(1) In general.--Notwithstanding sections 12112 and 12132 and
chapter 551 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may issue a
certificate of documentation with a coastwise endorsement for each
of the following vessels:
(A) LNG GEMINI (United States official number 595752).
(B) LNG LEO (United States official number 595753).
(C) LNG VIRGO (United States official number 595755).
(2) Limitation on operation.--Coastwise trade authorized under
paragraph (1) shall be limited to carriage of natural gas, as that
term is defined in section 3(13) of the Deepwater Port Act of 1974
(33 U.S.C. 1502(13)).
(3) Termination of effectiveness of endorsements.--The
coastwise endorsement issued under paragraph (1) for a vessel shall
expire on the date of the sale of the vessel by the owner of the
vessel on the date of enactment of this Act to a person who is not
related by ownership or control to such owner.
(c) Operation of a Dry Dock.--A vessel transported in Dry Dock #2
(State of Alaska registration AIDEA FDD-2) is not merchandise for
purposes of section 55102 of title 46, United States Code, if, during
such transportation, Dry Dock #2 remains connected by a utility or
other connecting line to pierside moorage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.