NOTE: Nov. 29, 2011

[H.R. 3321]

America's Cup Act of 2011.

LEGISLATIVE HISTORY--H.R. 3321 (S. 1759):

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CONGRESSIONAL RECORD, Vol. 157 (2011):

Nov. 4, considered and passed House.

Nov. 17, considered and passed Senate, amended.

Nov. 18, House concurred in Senate amendment.

125 STAT. 753

125 STAT. 754

125 STAT. 755

112th Congress Public Law 61

NOV. 29, 2011

112th Congress Public Law 61

NOV. 29, 2011

112th Congress Public Law 61

NOV. 29, 2011

125 STAT. 753 Public Law 112-61

112th Congress

An Act 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.

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.

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.

Approved November 29, 2011.