America's Cup Act of 2011 - Authorizes vessels operating in preparation for, or in connection with, the 34th America's Cup competition, that have been certified by the Administrator of the Maritime Administration to be eligible vessels, to position competing vessels and transport individuals, equipment, and supplies utilized for the staging, operations, or broadcast of the competition from and around U.S. ports. Deems such an eligibility certification to be conclusive evidence to the Secretary of the Department of Homeland Security (DHS) of the qualification of a vessel to participate in the competition. Subjects to specified penalties any vessel participating in the 34th America's Cup as a competing or supporting vessel that has not received an eligibility certification or that is not in compliance with provisions regarding coastwise endorsement to specified penalties.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3270 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3270
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 27, 2011
Mr. Bilbray (for himself, Mr. Filner, Mrs. Davis of California, Mr.
Rohrabacher, Mr. Hunter, Mrs. Napolitano, Ms. Pelosi, Ms. Speier, Mr.
Baca, Ms. Linda T. Sanchez of California, Mrs. Bono Mack, Mr. Costa,
Ms. Richardson, Mrs. Capps, Ms. Roybal-Allard, Mr. George Miller of
California, Mr. Issa, Mr. Schiff, Mr. Thompson of California, Mr.
Dreier, Mr. Langevin, Mr. Cicilline, Mr. Campbell, Mr. Gallegly, Mr.
Lewis of California, Mr. Stark, Mr. Farr, Mr. Herger, Mr. Daniel E.
Lungren of California, Mr. Nunes, Mr. McClintock, Mr. Garamendi, Ms.
Woolsey, and Ms. Lee of California) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
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.
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
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