H. R. 3270
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. Sánchez 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
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.
This Act may be cited as the
America’s Cup Act of
In this Act:
34th america’s cup
The term 34th America’s Cup—
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
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.
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.
The term Eligibility Certification means a certification issued under section 4.
The term eligible vessel means a competing vessel or supporting vessel of any registry that—
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;
transports not more than 25 individuals, in addition to the crew;
is not a ferry (as defined under section 2101(10b) of title 46, United States Code);
does not transport individuals in point-to-point service for hire; and
does not transport merchandise between ports in the United States.
The term supporting vessel means a vessel that is operating in support of the 34th America’s Cup by—
positioning a competing vessel on the race course;
transporting equipment and supplies utilized for the staging, operations, or broadcast of the competition; or
transporting individuals who—
have not purchased tickets or directly paid for their passage; and
who are engaged in the staging, operations, or broadcast of the competition, race team personnel, members of the media, or event sponsors.
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.
A vessel may not operate under section 3 unless the vessel has received an Eligibility Certification.
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).
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.
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.