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[112th Congress Public Law 61]
[From the U.S. Government Printing Office]

[[Page 125 STAT. 753]]

Public Law 112-61
112th Congress

                                 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. <<NOTE: Nov. 29, 
                         2011 -  [H.R. 3321]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: America's Cup 
Act of 2011.>> 
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.

[[Page 125 STAT. 754]]

            (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.--

[[Page 125 STAT. 755]]

            (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.

    Approved November 29, 2011.

LEGISLATIVE HISTORY--H.R. 3321 (S. 1759):
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CONGRESSIONAL RECORD, Vol. 157 (2011):
            Nov. 4, considered and passed House.
            Nov. 17, considered and passed Senate, amended.
            Nov. 18, House concurred in Senate amendment.

                                  <all>
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