S.Amdt. 853

SA 853. Mrs. FEINSTEIN submitted an amendment intended to be proposed
to amendment SA 738 proposed by Mr. Inouye to the bill H.R. 2112,
making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2012, and for other purposes; which was ordered to
lie on the table; as follows:

On page 108, between lines 22 and 23, insert the following:

SEC. 114. AMERICA'S CUP.

(a) Short Title.--This section may be cited as the
``America's Cup Act of 2011''.
(b) In General.--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.
(c) Definitions.--In this section:
(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 subsection
(d).
(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

[[Page S6689]]

(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.
(d) Certification.--
(1) Requirement.--A vessel may not operate under subsection
(b) unless the vessel has received an Eligibility
Certification.
(2) 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
subsection (c)(4).
(e) 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.
(f) 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.
______