[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3321 Engrossed Amendment Senate (EAS)]

                  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:

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 34th america's cup.--The term ``34th America's Cup''--
                    (A) means the sailing competitions, commencing in 
                2011, to be held in the United States in response to 
                the challenge to the defending team from the United 
                States, in accordance with the terms of the America's 
                Cup governing Deed of Gift, dated October 24, 1887; and
                    (B) if a United States yacht club successfully 
                defends the America's Cup, includes additional sailing 
                competitions conducted by America's Cup Race Management 
                during the 1-year period beginning on the last date of 
                such defense.
            (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.

SEC. 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.

SEC. 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).

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 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.

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 documentation with a coastwise endorsement for each of 
the following vessels:
            (1) M/V GEYSIR (United States official number 622178).
            (2) OCEAN VERITAS (IMO number 7366805).
            (3) LUNA (United States official number 280133).
    (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 
        endorsement 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 limited to carriage of natural 
        gas, as that term is defined in section 3(13) of the Deepwater 
        Port Act of 1974 (33 U.S.C. 1502(13)).
            (3) Termination of effectiveness of endorsements.--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 vessel 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 transported in Dry Dock #2 
(State of Alaska registration AIDEA FDD-2) is not merchandise for 
purposes of section 55102 of title 46, United States Code, if, during 
such transportation, Dry Dock #2 remains connected by a utility or 
other connecting line to pierside moorage.

            Attest:

                                                             Secretary.
112th CONGRESS

  1st Session

                               H.R. 3321

_______________________________________________________________________

                               AMENDMENT