[Congressional Record Volume 157, Number 168 (Friday, November 4, 2011)]
[House]
[Pages H7342-H7344]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMERICA'S CUP ACT OF 2011
Mr. LoBIONDO. Mr. Speaker, I move to suspend the rules and pass the
bill (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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3321
Be it enacted by the Senate and House of Representatives 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:
(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) 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 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. LoBiondo) and the gentleman from Washington (Mr. Larsen)
each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. LoBIONDO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 3321.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
H.R. 3321 provides a limited waiver of domestic cabotage laws for
vessels participating in America's Cup and related races. It also
provides waivers of cabotage laws for several other vessels and
clarifies that vessels carried on a movable dry dock in Alaska are not
considered merchandise under chapter 551 of title 46.
I reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Speaker, I yield myself such time as I
may consume.
I too rise in support of this legislation, which would provide a
narrow waiver from the coastwise laws for the vessels competing or
supporting the upcoming America's Cup finals to be held in 2013.
The America's Cup, the world's premier international sailing
competition, will be held in San Francisco Bay by virtue of the United
States' successful challenge to reclaim the cup last year. This
legislation is necessary to ensure that the competition can go forward
in an expeditious manner for all competitors.
The legislation also includes several other vessel waivers that are
included in H.R. 2828, which were cleared by the Committee on
Transportation and Infrastructure in September.
I appreciate as well that my request to waive the coastwise laws for
the maritime education vessel, LUNA, has been included in this bill, as
well as in the Coast Guard bill, and support passage of this
legislation.
I reserve the balance of my time.
{time} 1100
Mr. LoBIONDO. I yield such time as he may consume to the gentleman
from Pennsylvania (Mr. Meehan).
[[Page H7343]]
Mr. MEEHAN. Mr. Speaker, I rise in support of H.R. 3321.
While it may be identified as the America's Cup Act, and the reasons
behind it having been clearly articulated by our good friends across
the aisle, I want to drive home, as well, the fact that there are some
additional issues that will be served by the passage of this bill. And
what it relates to is a genuine opportunity today for people from both
sides of the aisle to support the creation of genuine, blue-collar jobs
immediately.
Mr. Speaker, what this bill will do is allow for a simple process to
take place. In my own district of southeastern Pennsylvania, which is
adjacent to the Delaware River, we have the opportunity to re-flag
three vessels. What that means is three vessels that were built here in
the United States, and that because of their service went outside the
continent of the United States for a period of time, must now come back
into the United States. In order to do that, they have to be able to
comply with the Jones Act. With a simple vote today, we will be able to
put these three vessels back into service here in the continental
United States.
But the significance of this, most importantly, Mr. Speaker, in my
backyard is the fact that what they will do is create the opportunity
for the creation of new jobs that will relate to the utilization and
transportation of the gas that is being developed in this country, 25
good, blue-collar jobs in my district which will sustain themselves,
and close to 300 to 400 construction jobs in which people will be put
to work as soon as possible building the extension of a pipeline that
will go out into western Pennsylvania.
This is an opportunity for people from both sides of the aisle to put
hardworking blue-collar workers back to work almost immediately by
helping us cure what is a simple, technical issue. I strongly support
the passage of this important bill because it will help put people back
to work.
Mr. LoBIONDO. Mr. Speaker, I have no further requests for time and am
prepared to yield back if the gentleman from Washington is.
Mr. LARSEN of Washington. Mr. Speaker, I have no further requests for
time.
In conclusion, let me just say that the America's Cup is the oldest
competitive sailing competition. The U.S. held the Cup for over 134
years before losing to Australia off of Newport, Rhode Island. We are
very proud to have reclaimed the Cup and look forward to defending it
in 2013.
With that, Mr. Speaker, I support the passage of the America's Cup
Act of 2011, and I yield back the balance of my time.
Mr. LoBIONDO. On to victory for America.
I yield back the balance of my time.
Mr. DENHAM. Mr. Speaker, I rise today to speak in favor of H.R. 3321,
the America's Cup Act of 2011. This legislation will allow officially
competing and support vessels of the America's Cup to have a waiver
from the Merchant Marine Act of 1920.
Since 1851 the America's Cup has been one of the sporting world's
premier events. Taking place this year in my home state of California,
the America's Cup will generate an estimated $1.2 billion in economic
activity and create 8,000 jobs, activity and employment that California
sorely needs.
Unfortunately, I was unavoidably detained during the floor vote on
this bill and was unable to cast my official vote in support of the
measure. If I were present at the time of the vote, I would have
proudly cast an ``aye'' vote to provide race participants the waiver
they need to further the excitement, pageantry and traditions of the
America's Cup.
The SPEAKER pro tempore (Mr. Womack). The question is on the motion
offered by the gentleman from New Jersey (Mr. LoBiondo) that the House
suspend the rules and pass the bill, H.R. 3321.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. LoBIONDO. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 387,
nays 2, answered ``present'' 1, not voting 43, as follows:
[Roll No. 831]
YEAS--387
Ackerman
Adams
Aderholt
Akin
Alexander
Altmire
Amodei
Andrews
Baca
Bachus
Baldwin
Barletta
Barrow
Bartlett
Barton (TX)
Bass (CA)
Bass (NH)
Becerra
Benishek
Berg
Berkley
Berman
Biggert
Bilbray
Bilirakis
Bishop (NY)
Bishop (UT)
Black
Blackburn
Blumenauer
Bonner
Bono Mack
Boren
Boswell
Boustany
Brady (PA)
Brady (TX)
Brooks
Broun (GA)
Brown (FL)
Buchanan
Bucshon
Buerkle
Burgess
Butterfield
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Capuano
Carnahan
Carson (IN)
Cassidy
Castor (FL)
Chabot
Chaffetz
Chandler
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Cravaack
Crawford
Crenshaw
Critz
Crowley
Cuellar
Culberson
Cummings
Davis (CA)
Davis (KY)
DeFazio
DeGette
DeLauro
Dent
DesJarlais
Deutch
Diaz-Balart
Doggett
Dold
Donnelly (IN)
Doyle
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers
Emerson
Eshoo
Farenthold
Farr
Fattah
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garamendi
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (MO)
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Gutierrez
Hahn
Hall
Hanabusa
Hanna
Harper
Hartzler
Hastings (FL)
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jones
Jordan
Kaptur
Keating
Kelly
Kildee
Kind
King (IA)
King (NY)
Kingston
Kissell
Kline
Kucinich
Labrador
Lamborn
Lance
Landry
Langevin
Lankford
Larsen (WA)
Larson (CT)
Latham
Latta
Lee (CA)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Long
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Marino
Markey
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McIntyre
McKeon
McMorris Rodgers
McNerney
Meehan
Meeks
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Moore
Moran
Mulvaney
Murphy (PA)
Myrick
Nadler
Napolitano
Neal
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Olver
Palazzo
Pallone
Pascrell
Pastor (AZ)
Paulsen
Pearce
Pelosi
Pence
Peters
Petri
Pingree (ME)
Pitts
Poe (TX)
Polis
Pompeo
Posey
Price (GA)
Price (NC)
Quayle
Quigley
Rahall
Rangel
Rehberg
Reichert
Renacci
Reyes
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Ross (AR)
Rothman (NJ)
Roybal-Allard
Royce
Runyan
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sarbanes
Scalise
Schakowsky
Schiff
Schilling
Schmidt
Schock
Schrader
Schwartz
Schweikert
Scott (SC)
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Speier
Stearns
Stivers
Stutzman
Sullivan
Sutton
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tierney
Tipton
Tonko
Towns
Tsongas
Turner (NY)
Turner (OH)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden
Walsh (IL)
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Webster
Welch
West
Westmoreland
Whitfield
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Woolsey
Yarmuth
Yoder
Young (AK)
Young (FL)
Young (IN)
NAYS--2
Braley (IA)
Richmond
ANSWERED ``PRESENT''--1
Amash
NOT VOTING--43
Austria
Bachmann
Bishop (GA)
Burton (IN)
Capps
Cardoza
Carney
Carter
Clyburn
Davis (IL)
Denham
Dicks
Dingell
Engel
Filner
Giffords
Granger
Grijalva
Harris
Heinrich
Higgins
Himes
Issa
Kinzinger (IL)
LaTourette
Lofgren, Zoe
McKinley
Murphy (CT)
Owens
Paul
[[Page H7344]]
Payne
Perlmutter
Peterson
Platts
Reed
Richardson
Roskam
Ross (FL)
Ruppersberger
Rush
Sanchez, Loretta
Smith (WA)
Stark
{time} 1128
Messrs. ROTHMAN of New Jersey, TIERNEY, and GEORGE MILLER of
California changed their vote from ``nay'' to ``yea.''
Mr. AMASH changed his vote from ``nay'' to ``present.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. FILNER. Mr. Speaker, on rollcall 831, I was away from the Capitol
due to prior commitments to my constituents. Had I been present, I
would have voted ``yea.''
Mr. HIMES. Mr. Speaker, on Friday, November 4, 2011, I was unable to
be present for rollcall vote 831 on H.R. 3321. Had I been present, I
would have voted ``yea.''
____________________