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Full Text of this Amendment
SA 861. 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 275, between lines 12 and 13, insert the following:
SEC. 172. 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
(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.
(As printed in the Congressional Record for the Senate on Oct 19, 2011.)
On page 275, between lines 12 and 13, insert the following:
SEC. 172. 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
(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.
(As printed in the Congressional Record for the Senate on Oct 19, 2011.)
