II 

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, and Mr. WHITEHOUSE) 

introduced the following bill; which was read twice and referred to the 

Committee on Commerce, Science, and Transportation 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) 34TH AMERICA’S CUP.—The term ‘‘34th 

9 America’s Cup’’— 


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1 (A) means the sailing competitions, com2 mencing in 2011, to be held in the United 

3 States in response to the challenge to the de4 fending team from the United States, in accord5 ance with the terms of the America’s Cup gov6 erning Deed of Gift, dated October 24, 1887; 

7 and 

8 (B) if a United States yacht club success9 fully defends the America’s Cup, includes addi10 tional sailing competitions conducted by Amer11 ica’s Cup Race Management during the 1-year 

12 period beginning on the last date of such de13 fense. 

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

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

16 entity established to provide for independent, profes17 sional, and neutral race management of the Amer18 ica’s Cup sailing competitions. 

19 (3) ELIGIBILITY CERTIFICATION.—The term 

20 ‘‘Eligibility Certification’’ means a certification 

21 issued under section 4. 

22 (4) ELIGIBLE VESSEL.—The term ‘‘eligible ves23 sel’’ means a competing vessel or supporting vessel 

24 of any registry that— 


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

2 Management as an official competing vessel, or 

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

4 as evidenced in writing to the Administrator of 

5 the Maritime Administration of the Department 

6 of Transportation; 

7 (B) transports not more than 25 individ8 uals, in addition to the crew; 

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

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

11 (D) does not transport individuals in point12 to-point service for hire; and 

13 (E) does not transport merchandise be14 tween ports in the United States. 

15 (5) SUPPORTING VESSEL.—The term ‘‘sup16 porting vessel’’ means a vessel that is operating in 

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

18 (A) positioning a competing vessel on the 

19 race course; 

20 (B) transporting equipment and supplies 

21 utilized for the staging, operations, or broadcast 

22 of the competition; or 

23 (C) transporting individuals who— 

24 (i) have not purchased tickets or di25 rectly paid for their passage; and 


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1 (ii) who are engaged in the staging, 

2 operations, or broadcast of the competi3 tion, race team personnel, members of the 

4 media, or event sponsors. 

5 SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. 

6 Notwithstanding sections 55102, 55103, and 55111 

7 of title 46, United States Code, an eligible vessel, oper8 ating only in preparation for, or in connection with, the 

9 34th America’s Cup competition, may position competing 

10 vessels and may transport individuals and equipment and 

11 supplies utilized for the staging, operations, or broadcast 

12 of the competition from and around the ports in the 

13 United States. 

14 SEC. 4. CERTIFICATION. 

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

16 section 3 unless the vessel has received an Eligibility Cer17 tification. 

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

19 Administration of the Department of Transportation is 

20 authorized to issue an Eligibility Certification with respect 

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

22 her sole discretion, meets the requirements set forth in 

23 section 2(4). 


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1 SEC. 5. ENFORCEMENT. 

2 Notwithstanding sections 55102, 55103, and 55111 

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

4 shall be conclusive evidence to the Secretary of the De5 partment of Homeland Security of the qualification of the 

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

7 34th America’s Cup as a competing vessel or a supporting 

8 vessel. 

9 SEC. 6. PENALTY. 

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

11 as a competing vessel or supporting vessel that has not 

12 received an Eligibility Certification or is not in compliance 

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

14 be subject to the applicable penalties provided in chapters 

15 121 and 551 of title 46, United States Code. 

Æ 


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