[Congressional Record (Bound Edition), Volume 157 (2011), Part 12]
[House]
[Pages 16744-16747]
[From the U.S. 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.

[[Page 16745]]

  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).
  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

[[Page 16746]]

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
     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.''

[[Page 16747]]


  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.''

                          ____________________