II 

Calendar No. 218 

112TH CONGRESS 

1ST SESSION S. 1759 

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. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2011 

Mrs. FEINSTEIN (for herself, Mrs. BOXER, Mr. REED, Mr. WHITEHOUSE, Mr. 

TOOMEY, and Mr. BEGICH) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

NOVEMBER 3, 2011 

Reported by Mr. ROCKEFELLER, without amendment 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘America’s Cup Act 

5 of 2011’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) 34TH AMERICA’S CUP.—The term ‘‘34th 

4 America’s Cup’’— 

5 (A) means the sailing competitions, com6 mencing in 2011, to be held in the United 

7 States in response to the challenge to the de8 fending team from the United States, in accord9 ance with the terms of the America’s Cup gov10 erning Deed of Gift, dated October 24, 1887; 

11 and 

12 (B) if a United States yacht club success13 fully defends the America’s Cup, includes addi14 tional sailing competitions conducted by Amer15 ica’s Cup Race Management during the 1-year 

16 period beginning on the last date of such de17 fense. 

18 (2) AMERICA’S CUP RACE MANAGEMENT.—The 

19 term ‘‘America’s Cup Race Management’’ means the 

20 entity established to provide for independent, profes21 sional, and neutral race management of the Amer22 ica’s Cup sailing competitions. 

23 (3) ELIGIBILITY CERTIFICATION.—The term 

24 ‘‘Eligibility Certification’’ means a certification 

25 issued under section 4. 


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1 (4) ELIGIBLE VESSEL.—The term ‘‘eligible ves2 sel’’ means a competing vessel or supporting vessel 

3 of any registry that— 

4 (A) is recognized by America’s Cup Race 

5 Management as an official competing vessel, or 

6 supporting vessel of, the 34th America’s Cup, 

7 as evidenced in writing to the Administrator of 

8 the Maritime Administration of the Department 

9 of Transportation; 

10 (B) transports not more than 25 individ11 uals, in addition to the crew; 

12 (C) is not a ferry (as defined under section 

13 2101(10b)) of title 46, United States Code; 

14 (D) does not transport individuals in point15 to-point service for hire; and 

16 (E) does not transport merchandise be17 tween ports in the United States. 

18 (5) SUPPORTING VESSEL.—The term ‘‘sup19 porting vessel’’ means a vessel that is operating in 

20 support of the 34th America’s Cup by— 

21 (A) positioning a competing vessel on the 

22 race course; 

23 (B) transporting equipment and supplies 

24 utilized for the staging, operations, or broadcast 

25 of the competition; or 


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1 (C) transporting individuals who— 

2 (i) have not purchased tickets or di3 rectly paid for their passage; and 

4 (ii) who are engaged in the staging, 

5 operations, or broadcast of the competi6 tion, race team personnel, members of the 

7 media, or event sponsors. 

8 SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. 

9 Notwithstanding sections 55102, 55103, and 55111 

10 of title 46, United States Code, an eligible vessel, oper11 ating only in preparation for, or in connection with, the 

12 34th America’s Cup competition, may position competing 

13 vessels and may transport individuals and equipment and 

14 supplies utilized for the staging, operations, or broadcast 

15 of the competition from and around the ports in the 

16 United States. 

17 SEC. 4. CERTIFICATION. 

18 (a) REQUIREMENT.—A vessel may not operate under 

19 section 3 unless the vessel has received an Eligibility Cer20 tification. 

21 (b) ISSUANCE.—The Administrator of the Maritime 

22 Administration of the Department of Transportation is 

23 authorized to issue an Eligibility Certification with respect 

24 to any vessel that the Administrator determines, in his or 


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1 her sole discretion, meets the requirements set forth in 

2 section 2(4). 

3 SEC. 5. ENFORCEMENT. 

4 Notwithstanding sections 55102, 55103, and 55111 

5 of title 46, United States Code, an Eligibility Certification 

6 shall be conclusive evidence to the Secretary of the De7 partment of Homeland Security of the qualification of the 

8 vessel for which it has been issued to participate in the 

9 34th America’s Cup as a competing vessel or a supporting 

10 vessel. 

11 SEC. 6. PENALTY. 

12 Any vessel participating in the 34th America’s Cup 

13 as a competing vessel or supporting vessel that has not 

14 received an Eligibility Certification or is not in compliance 

15 with section 12112 of title 46, United States Code, shall 

16 be subject to the applicable penalties provided in chapters 

17 121 and 551 of title 46, United States Code. 


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Calendar No. 218 

112TH CONGRESS 

1ST SESSION S. 1759 

A BILL 

To facilitate the hosting in the United States of the 

the competition. ble vessels to participate in activities related to 34th America’s Cup by authorizing certain eligiNOVEMBER 3, 2011 

Reported without amendment 


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