[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.

       (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.

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