II 

Calendar No. 221 

112TH CONGRESS 

1ST SESSION H. R. 3321 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 7, 2011 

Received; read twice and placed on the calendar 

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. 

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. 

16 SEC. 7. WAIVERS. 

17 (a) IN GENERAL.—Notwithstanding sections 12112 

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

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

20 Guard is operating may issue a certificate of documenta21 tion with a coastwise endorsement for each of the following 

22 vessels: 

23 (1) M/V GEYSIR (United States official num24 ber 622178). 

25 (2) MACY–RENEE (United States official 

26 number 1107319). 


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1 (3) OCEAN VERITAS (IMO number 

2 7366805). 

3 (4) LUNA (United States official number 

4 280133). 

5 (5) IL MORO DI VENEZIA IV (United States 

6 official number 1028654). 

7 (b) DOCUMENTATION OF LNG TANKERS.— 

8 (1) IN GENERAL.—Notwithstanding sections 

9 12112 and 12132 and chapter 551 of title 46, 

10 United States Code, the Secretary of the department 

11 in which the Coast Guard is operating may issue a 

12 certificate of documentation with a coastwise en13 dorsement for each of the following vessels: 

14 (A) LNG GEMINI (United States official 

15 number 595752). 

16 (B) LNG LEO (United States official 

17 number 595753). 

18 (C) LNG VIRGO (United States official 

19 number 595755). 

20 (2) LIMITATION ON OPERATION.—Coastwise 

21 trade authorized under paragraph (1) shall be lim22 ited to carriage of natural gas, as that term is de23 fined in section 3(13) of the Deepwater Port Act of 

24 1974 (33 U.S.C. 1502(13)). 


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1 (3) TERMINATION OF EFFECTIVENESS OF EN2 DORSEMENTS.—The coastwise endorsement issued 

3 under paragraph (1) for a vessel shall expire on the 

4 date of the sale of the vessel by the owner of the ves5 sel on the date of enactment of this Act to a person 

6 who is not related by ownership or control to such 

7 owner. 

8 (c) OPERATION OF A DRY DOCK.—A vessel trans9 ported in Dry Dock #2 (State of Alaska registration 

10 AIDEA FDD–2) is not merchandise for purposes of sec11 tion 55102 of title 46, United States Code, if, during such 

12 transportation, Dry Dock #2 remains connected by a util13 ity or other connecting line to pierside moorage. 

Passed the House of Representatives November 4, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 221 

112TH CONGRESS 

1ST SESSION H. R. 3321 

AN ACT 

To facilitate the hosting in the United States of the 

the competition, and for other purposes. ble vessels to participate in activities related to 34th America’s Cup by authorizing certain eligiNOVEMBER 7, 2011 

Received; read twice and placed on the calendar 


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