[Congressional Record Volume 157, Number 176 (Thursday, November 17, 2011)]
[Senate]
[Pages S7777-S7778]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       AMERICA'S CUP ACT OF 2011

  Mr. LEVIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 221, H.R. 3321.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEVIN. Mr. President, I ask unanimous consent a Feinstein 
substitute amendment at the desk be agreed to, the bill, as amended, be 
read a third time and passed, the motions to reconsider be laid upon 
the table, with no intervening action or debate and any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1222), in the nature of a substitute, was agreed 
to, as follows:


                           amendment no. 1222

       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

[[Page S7778]]

     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.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 3321), as amended, was read the third time and passed.

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