I 

112TH CONGRESS 

1ST SESSION H. R. 3311 

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 HOUSE OF REPRESENTATIVES 

NOVEMBER 2, 2011 

Mr. BILBRAY (for himself, Mr. FILNER, Mr. HUNTER, and Mr. ISSA) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

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’’ means the America’s Cup World SeVerDate Mar 15 2010 04:08 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3311.IH H3311

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1 ries held in San Diego, California, from November 

2 12–20, 2011. 

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

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

5 entity established to provide for independent, profes6 sional, and neutral race management of the Amer7 ica’s Cup sailing competitions. 

8 (3) ELIGIBILITY CERTIFICATION.—The term 

9 ‘‘Eligibility Certification’’ means a certification 

10 issued under section 4. 

11 (4) ELIGIBLE VESSEL.—The term ‘‘eligible ves12 sel’’ means a competing vessel or supporting vessel 

13 of any registry that— 

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

15 Management as an official competing vessel, or 

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

17 as evidenced in writing to the Administrator of 

18 the Maritime Administration of the Department 

19 of Transportation; 

20 (B) transports not more than 25 individ21 uals, in addition to the crew; 

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

23 2101(10b) of title 46, United States Code); 

24 (D) does not transport individuals in point25 to-point service for hire; and 


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1 (E) does not transport merchandise be2 tween ports in the United States. 

3 (5) SUPPORTING VESSEL.—The term ‘‘sup4 porting vessel’’ means a vessel that is operating in 

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

6 (A) positioning a competing vessel on the 

7 race course; 

8 (B) transporting equipment and supplies 

9 utilized for the staging, operations, or broadcast 

10 of the competition; or 

11 (C) transporting individuals who— 

12 (i) have not purchased tickets or di13 rectly paid for their passage; and 

14 (ii) who are engaged in the staging, 

15 operations, or broadcast of the competi16 tion, race team personnel, members of the 

17 media, or event sponsors. 

18 SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. 

19 Notwithstanding sections 55102, 55103, and 55111 

20 of title 46, United States Code, an eligible vessel, oper21 ating only in preparation for, or in connection with, the 

22 34th America’s Cup competition, may position competing 

23 vessels and may transport individuals and equipment and 

24 supplies utilized for the staging, operations, or broadcast 


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1 of the competition from and around the ports in the 

2 United States. 

3 SEC. 4. CERTIFICATION. 

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

5 section 3 unless the vessel has received an Eligibility Cer6 tification. 

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

8 Administration of the Department of Transportation is 

9 authorized to issue an Eligibility Certification with respect 

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

11 her sole discretion, meets the requirements set forth in 

12 section 2(4). 

13 SEC. 5. ENFORCEMENT. 

14 Notwithstanding sections 55102, 55103, and 55111 

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

16 shall be conclusive evidence to the Secretary of the De17 partment of Homeland Security of the qualification of the 

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

19 34th America’s Cup as a competing vessel or a supporting 

20 vessel. 

21 SEC. 6. PENALTY. 

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

23 as a competing vessel or supporting vessel that has not 

24 received an Eligibility Certification or is not in compliance 

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


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1 be subject to the applicable penalties provided in chapters 

2 121 and 551 of title 46, United States Code. 

Æ 


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