Congressional Record, Volume 157 Issue 167 (Thursday, November 3, 2011)

[Congressional Record Volume 157, Number 167 (Thursday, November 3, 2011)]
[Senate]
[Pages S7142-S7143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AMERICA'S CUP ACT OF 2011

Mr. REID. I now ask unanimous consent the Senate proceed to Calendar
No. 218, S. 1759.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (S. 1759) 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.

There being no objection, the Senate proceeded to consider the bill.
Mr. REID. I ask the Feinstein amendment at the desk be agreed to, the
bill as amended be read a third time and passed, the motion to
reconsider be made and laid upon the table, and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 923) was agreed to, as follows:

(Purpose: To authorize issuance of certificates of documentation
authorizing certain vessels to engage in coastwise trade in the
carriage of natural gas)

At the end, add the following:

SEC. 7. VESSEL DOCUMENTATION EXEMPTION.

(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) LNG GEMINI (United States official number 595752).
(2) LNG LEO (United States official number 595753).
(3) LNG VIRGO (United States official number 595755).
(b) Limitation on Operation.--Coastwise trade authorized
under subsection (a) 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)).
(c) Termination of Effectiveness of Endorsements.--The
coastwise endorsement issued under subsection (a) 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.

SEC. 8. OPERATION OF DRY DOCK IN KETCHIKAN, ALASKA.

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 located
in Ketchikan, Alaska.

The bill (S. 1759), as amended, was ordered to be engrossed for a
third reading, was read the third time and passed, as follows:

S. 1759

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

[[Page S7143]]

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. VESSEL DOCUMENTATION EXEMPTION.

SEC. 8. OPERATION OF DRY DOCK IN KETCHIKAN, ALASKA.

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