I 
112TH CONGRESS 
1ST SESSION H. R. 3321 
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. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 2, 2011 
Mr. HERGER 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, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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: 
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(1) 34TH
AMERICA’S
CUP.—The term ‘‘34th 
America’s Cup’’— 
(A) means the sailing competitions, com-
mencing in 2011, to be held in the United 
States in response to the challenge to the de-
fending team from the United States, in accord-
ance with the terms of the America’s Cup gov-
erning Deed of Gift, dated October 24, 1887; 
and 
(B) if a United States yacht club success-
fully defends the America’s Cup, includes addi-
tional sailing competitions conducted by Amer-
ica’s Cup Race Management during the 1-year 
period beginning on the last date of such de-
fense. 
(2) AMERICA’S CUP RACE MANAGEMENT.—The 
term ‘‘America’s Cup Race Management’’ means the 
entity established to provide for independent, profes-
sional, and neutral race management of the Amer-
ica’s Cup sailing competitions. 
(3) ELIGIBILITY
CERTIFICATION.—The term 
‘‘Eligibility Certification’’ means a certification 
issued under section 4. 
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(4) ELIGIBLE VESSEL.—The term ‘‘eligible ves-
sel’’ 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 individ-
uals, 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 be-
tween ports in the United States. 
(5) SUPPORTING
VESSEL.—The term ‘‘sup-
porting 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 
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(C) transporting individuals who— 
(i) have not purchased tickets or di-
rectly paid for their passage; and 
(ii) who are engaged in the staging, 
operations, or broadcast of the competi-
tion, 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, oper-
ating 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 Cer-
tification. 
(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 
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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 De-
partment 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 documenta-
tion with a coastwise endorsement for each of the following 
vessels: 
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(1) M/V GEYSIR (United States official num-
ber 622178). 
(2) MACY–RENEE (United States official 
number 1107319). 
(3) 
OCEAN 
VERITAS 
(IMO 
number 
7366805). 
(4) LUNA (United States official number 
280133). 
(5) IL MORO DI VENEZIA IV (United States 
official number 1028654). 
(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 en-
dorsement 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 lim-
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ited to carriage of natural gas, as that term is de-
fined in section 3(13) of the Deepwater Port Act of 
1974 (33 U.S.C. 1502(13)). 
(3) TERMINATION OF EFFECTIVENESS OF EN-
DORSEMENTS.—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 ves-
sel 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 trans-
ported in Dry Dock #2 (State of Alaska registration 
AIDEA FDD–2) is not merchandise for purposes of sec-
tion 55102 of title 46, United States Code, if, during such 
transportation, Dry Dock #2 remains connected by a util-
ity or other connecting line to pierside moorage. 
Æ 
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