112TH CONGRESS 

1ST SESSION S. 1759 

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. 

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

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

3 of 2011’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) 34TH AMERICA’S CUP.—The term ‘‘34th 

7 America’s Cup’’— 

8 (A) means the sailing competitions, com9 mencing in 2011, to be held in the United 

10 States in response to the challenge to the de11 fending team from the United States, in accord12 ance with the terms of the America’s Cup gov13 erning Deed of Gift, dated October 24, 1887; 

14 and 

15 (B) if a United States yacht club success16 fully defends the America’s Cup, includes addi17 tional sailing competitions conducted by Amer18 ica’s Cup Race Management during the 1-year 

19 period beginning on the last date of such de20 fense. 

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

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

23 entity established to provide for independent, profes24 sional, and neutral race management of the Amer25 ica’s Cup sailing competitions. 
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1 (3) ELIGIBILITY CERTIFICATION.—The term 

2 ‘‘Eligibility Certification’’ means a certification 

3 issued under section 4. 

4 (4) ELIGIBLE VESSEL.—The term ‘‘eligible ves5 sel’’ means a competing vessel or supporting vessel 

6 of any registry that— 

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

8 Management as an official competing vessel, or 

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

10 as evidenced in writing to the Administrator of 

11 the Maritime Administration of the Department 

12 of Transportation; 

13 (B) transports not more than 25 individ14 uals, in addition to the crew; 

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

16 2101(10b)) of title 46, United States Code; 

17 (D) does not transport individuals in point18 to-point service for hire; and 

19 (E) does not transport merchandise be20 tween ports in the United States. 

21 (5) SUPPORTING VESSEL.—The term ‘‘sup22 porting vessel’’ means a vessel that is operating in 

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

24 (A) positioning a competing vessel on the 

25 race course; 
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1 (B) transporting equipment and supplies 

2 utilized for the staging, operations, or broadcast 

3 of the competition; or 

4 (C) transporting individuals who— 

5 (i) have not purchased tickets or di6 rectly paid for their passage; and 

7 (ii) who are engaged in the staging, 

8 operations, or broadcast of the competi9 tion, race team personnel, members of the 

10 media, or event sponsors. 

11 SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. 

12 Notwithstanding sections 55102, 55103, and 55111 

13 of title 46, United States Code, an eligible vessel, oper14 ating only in preparation for, or in connection with, the 

15 34th America’s Cup competition, may position competing 

16 vessels and may transport individuals and equipment and 

17 supplies utilized for the staging, operations, or broadcast 

18 of the competition from and around the ports in the 

19 United States. 

20 SEC. 4. CERTIFICATION. 

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

22 section 3 unless the vessel has received an Eligibility Cer23 tification. 

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

25 Administration of the Department of Transportation is 
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1 authorized to issue an Eligibility Certification with respect 

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

3 her sole discretion, meets the requirements set forth in 

4 section 2(4). 

5 SEC. 5. ENFORCEMENT. 

6 Notwithstanding sections 55102, 55103, and 55111 

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

8 shall be conclusive evidence to the Secretary of the De9 partment of Homeland Security of the qualification of the 

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

11 34th America’s Cup as a competing vessel or a supporting 

12 vessel. 

13 SEC. 6. PENALTY. 

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

15 as a competing vessel or supporting vessel that has not 

16 received an Eligibility Certification or is not in compliance 

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

18 be subject to the applicable penalties provided in chapters 

19 121 and 551 of title 46, United States Code. 

20 SEC. 7. VESSEL DOCUMENTATION EXEMPTION. 

21 (a) IN GENERAL.—Notwithstanding sections 12112 

22 and 12132 and chapter 551 of title 46, United States 

23 Code, the Secretary of the department in which the Coast 

24 Guard is operating may issue a certificate of documenta-
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1 tion with a coastwise endorsement for each of the following 

2 vessels: 

3 (1) LNG GEMINI (United States official num4 ber 595752). 

5 (2) LNG LEO (United States official number 

6 595753). 

7 (3) LNG VIRGO (United States official num8 ber 595755). 

9 (b) LIMITATION ON OPERATION.—Coastwise trade 

10 authorized under subsection (a) shall be limited to car11 riage of natural gas, as that term is defined in section 

12 3(13) of the Deepwater Port Act of 1974 (33 U.S.C. 

13 1502(13)). 

14 (c) TERMINATION OF EFFECTIVENESS OF ENDORSE15 MENTS.—The coastwise endorsement issued under sub16 section (a) for a vessel shall expire on the date of the sale 

17 of the vessel by the owner of the vessel on the date of 

18 enactment of this Act to a person who is not related by 

19 ownership or control to such owner. 

20 SEC. 8. OPERATION OF DRY DOCK IN KETCHIKAN, ALASKA. 

21 A vessel transported in Dry Dock #2 (State of Alas22 ka registration AIDEA FDD–2) is not merchandise for 

23 purposes of section 55102 of title 46, United States Code, 

24 if, during such transportation, Dry Dock #2 remains con-
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1 nected by a utility or other connecting line to pierside 

2 moorage located in Ketchikan, Alaska. 

Passed the Senate November 3, 2011. 

Attest: 

Secretary. 
112TH CONGRESS 

1ST SESSION S. 1759 

AN ACT 

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 eligi-