H.R. 3321House112th Congress (2011-2013)Enacted

America's Cup Act of 2011

Introduced November 2, 2011

Legislative Activity

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19 earlier actions
Became Law Latest Action

Became Public Law No: 112-61.

November 29, 2011

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HouseIntro Referral

Introduced in House

November 2, 2011

HouseIntro Referral

Referred to the House Committee on Transportation and Infrastructure.

November 2, 2011

HouseCommittee

Referred to the Subcommittee on Coast Guard and Maritime Transportation.

November 3, 2011

HouseFloor

Mr. LoBiondo moved to suspend the rules and pass the bill.

November 4, 2011 • 10:56 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H7342-7344)

November 4, 2011 • 10:56 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 3321.

November 4, 2011 • 10:56 AM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 387 - 2, 1 Present (Roll no. 831).(text: CR H7342)

November 4, 2011 • 11:27 AM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 387 - 2, 1 Present (Roll no. 831). (text: CR H7342)

November 4, 2011 • 11:27 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 4, 2011 • 11:27 AM

SenateCalendars

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 221.

November 7, 2011

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S7777-7778)

November 17, 2011

SenateFloor

Passed Senate with an amendment by Unanimous Consent.

November 17, 2011

SenateFloor

Message on Senate action sent to the House.

November 18, 2011

HouseResolving Differences

Mr. LoBiondo asked unanimous consent that the House agree to the Senate amendment. (consideration: CR H7875-7876)

November 18, 2011 • 2:06 PM

HouseNot Used

Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to without objection.(text as House agreed to Senate amendment: CR H7875-7876)

November 18, 2011

HouseResolving Differences

On motion that the House agree to the Senate amendment Agreed to without objection. (text as House agreed to Senate amendment: CR H7875-7876)

November 18, 2011 • 2:06 PM

HouseResolving Differences

Motion to reconsider laid on the table Agreed to without objection.

November 18, 2011 • 2:06 PM

President

Presented to President.

November 19, 2011

Became Law

Signed by President.

November 29, 2011

Became Law

Became Public Law No: 112-61.

November 29, 2011

Floor Debate

9 members

What members said about H.R. 3321 on the floor

3 Republicans6 Democrats
Patrick Meehan
Rep. Patrick MeehanR-PA-7 · Nov 4, 2011

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…

Rick Larsen
Rep. Rick LarsenD-WA-2 · Nov 4, 2011

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…

Frank A. LoBiondo
Rep. Frank A. LoBiondoR-NJ-2 · Nov 4, 2011

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…

Martin Heinrich
Rep. Martin HeinrichD-NM-1 · Nov 17, 2011

Mr. Speaker, I unfortunately missed votes which included roll call votes 829, 830, 831, 832, 833, 834, 835, and 836. If I had been present, I would have voted in opposition of rollcall vote 829, the…

Jeff Denham
Rep. Jeff DenhamR-CA-19 · Nov 4, 2011

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…

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Adam Smith
Rep. Adam SmithD-WA-9 · Nov 18, 2011

Mr. Speaker, on Friday, November 4, 2011, I was unable to be present for part of a series of recorded votes. Had I been present, I would have voted: ``no'' on rollcall vote No. 830 (on Agreeing to…

Adam Smith
Rep. Adam SmithD-WA-9 · Nov 14, 2011

Mr. Speaker, on Friday, November 4, 2011, I was unable to be present for part of a series of recorded votes. Had I been present, I would have voted: ``No'' on rollcall vote No. 830 (on agreeing to H.…

Carl Levin
Sen. Carl LevinD-MI · Nov 17, 2011

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of Calendar No. 221, H.R. 3321. Mr. President, I ask unanimous consent a Feinstein substitute amendment at the desk…

Frank A. LoBiondo
Rep. Frank A. LoBiondoR-NJ-2 · Nov 18, 2011

Madam Speaker, I ask unanimous consent to take from the Speaker's table the bill (H.R. 3321) to facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible…

James A. Himes
Rep. James A. HimesD-CT-4 · Nov 4, 2011

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.''

Bob Filner
Rep. Bob FilnerD-CA-51 · Nov 4, 2011

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.''

Bill Text

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One Hundred Twelfth Congress of the United States of America

At the First Session

Begun and held at the City of Washington on Wednesday, the fifth day of January, two thousand and eleven

H. R. 3321

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.

1.

Short title

This Act may be cited as the America’s Cup Act of 2011.

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.

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.

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).

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.

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.

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)

OCEAN VERITAS (IMO number 7366805).

(3)

LUNA (United States official number 280133).

(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.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.