In the Senate of the United States, 

November 17, 2011. 

Resolved, That the bill from the House of Representatives (H.R. 3321) entitled ‘‘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.’’, do pass with the 

following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘America’s Cup Act of 

3 2011’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) 34TH AMERICA’S CUP.—The term ‘‘34th 

7 America’s Cup’’— 

8 (A) means the sailing competitions, com9 mencing in 2011, to be held in the United States 
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1 in response to the challenge to the defending 

2 team from the United States, in accordance with 

3 the terms of the America’s Cup governing Deed 

4 of Gift, dated October 24, 1887; and 

5 (B) if a United States yacht club success6 fully defends the America’s Cup, includes addi7 tional sailing competitions conducted by Amer8 ica’s Cup Race Management during the 1-year 

9 period beginning on the last date of such defense. 

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

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

12 entity established to provide for independent, profes13 sional, and neutral race management of the America’s 

14 Cup sailing competitions. 

15 (3) ELIGIBILITY CERTIFICATION.—The term 

16 ‘‘Eligibility Certification’’ means a certification 

17 issued under section 4. 

18 (4) ELIGIBLE VESSEL.—The term ‘‘eligible ves19 sel’’ means a competing vessel or supporting vessel of 

20 any registry that— 

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

22 Management as an official competing vessel, or 

23 supporting vessel of, the 34th America’s Cup, as 

24 evidenced in writing to the Administrator of the 
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1 Maritime Administration of the Department of 

2 Transportation; 

3 (B) transports not more than 25 individ4 uals, in addition to the crew; 

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

6 2101(10b) of title 46, United States Code); 

7 (D) does not transport individuals in point8 to-point service for hire; and 

9 (E) does not transport merchandise between 

10 ports in the United States. 

11 (5) SUPPORTING VESSEL.—The term ‘‘sup12 porting vessel’’ means a vessel that is operating in 

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

14 (A) positioning a competing vessel on the 

15 race course; 

16 (B) transporting equipment and supplies 

17 utilized for the staging, operations, or broadcast 

18 of the competition; or 

19 (C) transporting individuals who— 

20 (i) have not purchased tickets or di21 rectly paid for their passage; and 

22 (ii) who are engaged in the staging, 

23 operations, or broadcast of the competition, 

24 race team personnel, members of the media, 

25 or event sponsors. 
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1 SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. 

2 Notwithstanding sections 55102, 55103, and 55111 of 

3 title 46, United States Code, an eligible vessel, operating 

4 only in preparation for, or in connection with, the 34th 

5 America’s Cup competition, may position competing vessels 

6 and may transport individuals and equipment and sup7 plies utilized for the staging, operations, or broadcast of the 

8 competition from and around the ports in the United 

9 States. 

10 SEC. 4. CERTIFICATION. 

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

12 section 3 unless the vessel has received an Eligibility Cer13 tification. 

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

15 Administration of the Department of Transportation is au16 thorized to issue an Eligibility Certification with respect 

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

18 her sole discretion, meets the requirements set forth in sec19 tion 2(4). 

20 SEC. 5. ENFORCEMENT. 

21 Notwithstanding sections 55102, 55103, and 55111 of 

22 title 46, United States Code, an Eligibility Certification 

23 shall be conclusive evidence to the Secretary of the Depart24 ment of Homeland Security of the qualification of the vessel 

25 for which it has been issued to participate in the 34th 

26 America’s Cup as a competing vessel or a supporting vessel. 
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1 SEC. 6. PENALTY. 

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

3 as a competing vessel or supporting vessel that has not re4 ceived an Eligibility Certification or is not in compliance 

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

6 be subject to the applicable penalties provided in chapters 

7 121 and 551 of title 46, United States Code. 

8 SEC. 7. WAIVERS. 

9 (a) IN GENERAL.—Notwithstanding sections 12112 

10 and 12132 and chapter 551 of title 46, United States Code, 

11 the Secretary of the department in which the Coast Guard 

12 is operating may issue a certificate of documentation with 

13 a coastwise endorsement for each of the following vessels: 

14 (1) M/V GEYSIR (United States official number 

15 622178). 

16 (2) OCEAN VERITAS (IMO number 7366805). 

17 (3) LUNA (United States official number 

18 280133). 

19 (b) DOCUMENTATION OF LNG TANKERS.— 

20 (1) IN GENERAL.—Notwithstanding sections 

21 12112 and 12132 and chapter 551 of title 46, United 

22 States Code, the Secretary of the department in which 

23 the Coast Guard is operating may issue a certificate 

24 of documentation with a coastwise endorsement for 

25 each of the following vessels: 
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1 (A) LNG GEMINI (United States official 

2 number 595752). 

3 (B) LNG LEO (United States official num4 ber 595753). 

5 (C) LNG VIRGO (United States official 

6 number 595755). 

7 (2) LIMITATION ON OPERATION.—Coastwise 

8 trade authorized under paragraph (1) shall be limited 

9 to carriage of natural gas, as that term is defined in 

10 section 3(13) of the Deepwater Port Act of 1974 (33 

11 U.S.C. 1502(13)). 

12 (3) TERMINATION OF EFFECTIVENESS OF EN13 DORSEMENTS.—The coastwise endorsement issued 

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

15 date of the sale of the vessel by the owner of the vessel 

16 on the date of enactment of this Act to a person who 

17 is not related by ownership or control to such owner. 

18 (c) OPERATION OF A DRY DOCK.—A vessel transported 

19 in Dry Dock #2 (State of Alaska registration AIDEA 

20 FDD–2) is not merchandise for purposes of section 55102 

21 of title 46, United States Code, if, during such transpor-
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1 tation, Dry Dock #2 remains connected by a utility or 

2 other connecting line to pierside moorage. 

Attest: 

Secretary. 
112TH CONGRESS 

1ST SESSION H.R. 3321 

AMENDMENT