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. 
H. R. 3321—2 

(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.— 
H. R. 3321—3 

(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.