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[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.
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