I 112th CONGRESS 1st Session H. R. 3311 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.

Short title

This Act may be cited as the America’s Cup Act of 2011.

2.

Definitions

In this Act: (1)

34th america’s cup

The term 34th America’s Cup means the America’s Cup World Series held in San Diego, California, from November 12–20, 2011. (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. (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.

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.

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).

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.

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.