[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2279 Reported in Senate (RS)]
Calendar No. 550
112th CONGRESS
2d Session
S. 2279
To amend the R.M.S. Titanic Maritime Memorial Act of 1986 to provide
additional protection for the R.M.S. Titanic and its wreck site, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2012
Mr. Kerry (for himself, Mr. Isakson, and Mr. Blumenthal) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
November 14, 2012
Reported by Mr. Rockefeller, without amendment
_______________________________________________________________________
A BILL
To amend the R.M.S. Titanic Maritime Memorial Act of 1986 to provide
additional protection for the R.M.S. Titanic and its wreck site, 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 ``R.M.S. Titanic Maritime Memorial
Preservation Act of 2012''.
SEC. 2. FINDINGS AND PURPOSES.
Section 2 of the R.M.S. Titanic Maritime Memorial Act of 1986 (16
U.S.C. 450rr) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``should be
designated'' and inserting ``is recognized'';
(B) in paragraph (2), by striking ``recent'';
(C) in paragraph (3), by striking ``and'' at the
end;
(D) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(E) by adding after paragraph (4) the following:
``(5) the Secretary of Commerce, through the National
Oceanic and Atmospheric Administration's National Marine
Sanctuary Program, and in consultation with the Secretary of
State, other interested Federal agencies, academic and research
institutions, the public, the United Kingdom, France, and
Canada, issued Final Guidelines for Research, Exploration, and
Salvage of R.M.S. Titanic on April 12, 2001 (66 Fed. Reg.
18905), as directed under section 5; and
``(6) the Secretary of State, in consultation with the
Secretary of Commerce, negotiated the International Agreement
with the United Kingdom, France, and Canada pursuant to section
6, which was signed on June 18, 2004, subject to acceptance by
the United States.''; and
(2) by amending subsection (b) to read as follows:
``(b) Purpose.--The purposes of this Act are--
``(1) to ensure the protection of R.M.S. Titanic and its
wreck site as--
``(A) an international maritime memorial and grave
site to those aboard the ship who perished in 1912; and
``(B) a site of unique scientific, archeological,
cultural, and historical significance for present and
future generations;
``(2) to ensure that the planning and conduct of any
activities directed at R.M.S. Titanic and its wreck site are
consistent with applicable law, including the International
Agreement; and
``(3) to call upon the Secretary of State to encourage
other interested nations, especially nations with the
technological capability to access R.M.S. Titanic and its wreck
site, to consent to be bound by the International Agreement.''.
SEC. 3. DEFINITIONS.
Section 3 of the R.M.S. Titanic Maritime Memorial Act of 1986 (16
U.S.C. 450rr-1) is amended to read as follows:
``SEC. 3. DEFINITIONS.
``In this Act--
``(1) the term `collection' means each grouping of R.M.S.
Titanic property, other than human remains, that results from
recovery activities after September 1, 1985, at the wreck site
of R.M.S. Titanic authorized by--
``(A) an order of a United States court of
competent jurisdiction;
``(B) a permit granted by the Secretary of Commerce
under section 7; or
``(C) an order of a court or tribunal (including
any administrative body, Office of Maritime Affairs, or
Receiver of Wreck) of competent jurisdiction of the
United Kingdom, France, or Canada, or of a state party
to the International Agreement;
``(2) the term `import' means to bring into, or introduce
into, or attempt to bring into or introduce into, the United
States, including its territories and insular possessions, and
the territorial sea of the United States (as defined in
Presidential Proclamation 5928, issued December 27, 1988);
``(3) the term `International Agreement' means the
Agreement concerning the Shipwrecked Vessel R.M.S. Titanic;
``(4) the term `Person' means any individual (whether or
not a citizen or national of the United States), any
corporation, partnership, association, or other entity (whether
or not organized or existing under the laws of any State), and
any Federal, State, local, or foreign government or any entity
of any such government;
``(5) the term `R.M.S. Titanic property' includes--
``(A) the shipwrecked vessel R.M.S. Titanic;
``(B) the cargo of R.M.S. Titanic, any other
contents from the ship, or any associated items
scattered on the ocean floor in the vicinity of the
ship, or any portion of the ship;
``(C) all such property recovered from the wreck
site since September 1, 1985; and
``(D) any human remains of those aboard R.M.S.
Titanic who perished;
``(6) the term `Rules' means the `Rules Concerning
Activities Aimed at the R.M.S. Titanic and/or its Artifacts'
contained in the Annex to the International Agreement; and
``(7) the term `United States waters' means all waters of
the United States on the landward side of the baseline from
which the breadth of the United States territorial sea is
measured, and the waters of the United States territorial sea
as described in Presidential Proclamation 5928, dated December
27, 1988.''.
SEC. 4. IMPLEMENTATION OF THE INTERNATIONAL AGREEMENT.
The R.M.S. Titanic Maritime Memorial Act of 1986 (16 U.S.C. 450rr
et seq.) is amended--
(1) by striking sections 5, 6, and 7;
(2) by redesignating section 8 as section 21; and
(3) by inserting after section 4 the following:
``SEC. 5. SCOPE AND APPLICABILITY.
``(a) In General.--This Act shall apply to--
``(1) any person subject to the jurisdiction of the United
States at the time that such person engages in an activity
prohibited under section 6;
``(2) any vessel of the United States, including--
``(A) a vessel documented under chapter 121 of
title 46, United States Code, or vessels numbered as
provided under chapter 123 of such title;
``(B) a vessel (other than a vessel that has been
granted the nationality of a foreign nation in
accordance with article 5 of the Convention on the High
Seas, done at Geneva on April 29, 1958, or article 91
of the 1982 Convention on the Law of the Sea, signed at
Montego Bay, Jamaica on December 10, 1982, and for
which a claim of nationality or registry is made by the
master or individual in charge at the time of an
enforcement action by an officer or employee of the
United States authorized to enforce applicable
provisions of United States law) owned in whole or part
by--
``(i) the United States or a territory,
commonwealth, or possession of the United
States and used on commercial service;
``(ii) a State or a political subdivision
of a State and used on commercial service;
``(iii) a citizen or national of the United
States; or
``(iv) a corporation created under the laws
of the United States, any State, the District
of Columbia, or any territory, commonwealth, or
possession of the United States; and
``(C) a vessel that was once documented under the
laws of the United States and, in violation of the laws
of the United States, was--
``(i) sold to a person that is not a
citizen of the United States; or
``(ii) placed under foreign registry or a
foreign flag, whether or not the vessel has
been granted the nationality of a foreign
nation;
``(3) any vessel subject to the jurisdiction of the United
States including--
``(A) a vessel without nationality;
``(B) a vessel assimilated to a vessel without
nationality, in accordance with paragraph (2) of
article 6 of the Convention on the High Seas, done at
Geneva on April 29, 1958, or article 91 of the
Convention on the Law of the Sea, signed at Montego
Bay, Jamaica on December 10, 1982;
``(C) a vessel registered in a foreign nation if--
``(i) the flag nation has consented to, or
waived objection to, the enforcement of United
States law by the United States; and
``(ii) such consent or waiver--
``(I) was obtained by radio,
telephone, or similar oral or
electronic means; and
``(II) is conclusively proved by
certification of the Secretary of State
or the Secretary's designee;
``(D) a vessel located within the customs waters of
the United States; and
``(E) a vessel located in the contiguous zone of
the United States (as defined in Presidential
Proclamation 7219, issued on September 2, 1999) that--
``(i) is entering United States waters;
``(ii) has departed United States waters;
or
``(iii) is a hovering vessel (as defined in
section 401 of the Tariff Act of 1930 (19
U.S.C. 1401)); and
``(4) any property made forfeitable under section 11.
``(b) Vessel Without Nationality.--
``(1) In general.--In this Act, a vessel without
nationality includes--
``(A) a vessel aboard which the master or person in
charge makes a claim of registry, which claim is denied
by the flag nation whose registry is claimed;
``(B) a vessel aboard which the master or person in
charge fails, upon request of an officer of the United
States empowered to enforce applicable provisions of
United States law, to make a claim of nationality or
registry for that vessel; and
``(C) a vessel aboard which the master or person in
charge makes a claim of registry and the claimed nation
of registry does not affirmatively and unequivocally
assert that the vessel is of its nationality.
``(2) Verification or denial.--A claim of registry under
subparagraph (A) or (C) of paragraph (1) may be verified or
denied by radio, telephone, or similar oral or electronic
means. The response by the claimed flag nation is conclusively
proved by certification of the Secretary of State or the
Secretary's designee.
``(c) Claim of Nationality or Registry.--In this Act, a claim of
nationality or registry is limited to--
``(1) possession on board the vessel and production of
documents evidencing the vessel's nationality in accordance
with article 5 of the Convention on the High Seas, done at
Geneva on April 29, 1958, or article 91 of the Convention on
the Law of the Sea, signed at Montego Bay, Jamaica on December
10, 1982;
``(2) flying the flag nation's ensign or flag; or
``(3) a verbal claim of nationality or registry by the
master or person in charge of the vessel.
``(d) Applicability.--This Act shall not apply to--
``(1) warships;
``(2) naval auxiliaries;
``(3) other vessels--
``(A) owned or operated by the United States; and
``(B) used only for government noncommercial
service, unless the vessel engages in an activity
designed to disturb, remove, or injure R.M.S. Titanic
property; or
``(4) any person on board a vessel described in paragraphs
(1) through (3) who is acting in the course of such person's
duties, unless such person engages in an activity designed to
disturb, remove, or injure R.M.S. Titanic property.
``SEC. 6. PROHIBITIONS.
``Except as authorized under section 7, it is unlawful for any
person or vessel described in section 5 to--
``(1) engage in any activity that disturbs, removes, or
injures, or attempts to disturb, remove, or injure, R.M.S.
Titanic property;
``(2) engage in any activity directed at R.M.S. Titanic
property located at the wreck site that poses a significant
threat to public safety;
``(3) engage in any activity that violates any provision of
this Act, or any regulation or permit issued under this Act, or
any provision of the Rules;
``(4) sell, purchase, barter, import, export, or offer to
sell, purchase, barter, import, export, in interstate or
foreign commerce, R.M.S. Titanic property not constituting a
collection; or
``(5) enter, or cause entry by means of any equipment,
instrumentality, or other property, into the hull sections of
R.M.S. Titanic.
``SEC. 7. PERMITS.
``(a) In General.--The Secretary of Commerce may issue a permit for
an activity otherwise prohibited under section 6 if the Secretary
determines that such activity--
``(1) is consistent with the International Agreement and
Rules; and
``(2)(A) furthers educational, scientific, or cultural
purposes in the public interest; or
``(B) is necessary to protect R.M.S. Titanic property from
a significant threat.
``(b) Applicability.--This section shall apply to any activities
directed at R.M.S. Titanic property, including those authorized before
the effective date of this Act by a court of competent jurisdiction.
``(c) Notice.--Any vessel described in paragraph (2) or (3) of
section 5(a) that intends to stop within the zone located within the
coordinates of 4146'00.036588" N, 04953'09.391344" W (Northeast
corner); 4146'00.036588" N, 04959'51.08136" W (Northwest corner);
4141'00.24864" N, 04953'09.391344" W (Southeast corner);
4141'00.24864" N, 04959'51.08136" W (Southwest corner) shall, through
its owner or agent, provide prior written notice of the timing and
purpose of such intended entry to the Secretary of Commerce in a manner
sufficient to allow the Secretary to determine whether a permit is
required and whether a permit should be granted.
``(d) Terms and Conditions.--Any permit issued by the Secretary of
Commerce under this section shall contain terms and conditions that
fully comply with the Rules.
``(e) Fees.--The Secretary of Commerce may charge and retain
reasonable fees to offset expenses associated with the processing of
permit applications and the administration of permits issued under this
section. Fees collected under this subsection shall be available to
cover such costs without further appropriation and shall remain
available until expended.
``(f) Deadlines.--
``(1) In general.--Except as provided under paragraph (2),
the Secretary of Commerce shall act on an application for a
permit under this section not later than 180 days after the
date on which the Secretary has determined that the application
contains sufficient information for the Secretary to make a
decision on the application.
``(2) Additional time.--If the Secretary is unable to
comply with the deadline under paragraph (1), the Secretary
shall provide the applicant with written notification that up
to an additional 30 days will be needed to complete the review.
Under no circumstances may a complete application remain
pending for more than 210 days.
``(3) Rulemaking.--The Secretary shall promulgate
regulations to--
``(A) identify the scientific, technical,
logistical, or other documentation or justification
required for the Secretary to make a decision on the
application for permit; and
``(B) ensure the confidentiality of proprietary
information and data submitted under this section.
``SEC. 8. LIABILITY.
``(a) Liability to the United States.--Any person who engages in an
activity prohibited under section 6 is liable for response costs,
direct and indirect enforcement costs, and any damages resulting from
such activity, including--
``(1) the reasonable costs incurred in storage,
restoration, care, maintenance, conservation, and curation of
R.M.S. Titanic property; and
``(2) the cost of retrieving any remaining information of a
scientific, archeological, cultural, or historical interest
from the site at which R.M.S. Titanic property was disturbed,
removed, or injured.
``(b) Liability in Rem.--Any vessel (including the vessel's gear,
appurtenances, stores, and cargo), vehicle, aircraft, or other means of
transportation, and any money or property used, or intended to be used,
to facilitate any violation of this Act or any regulation or permit
issued under this Act, shall be liable in rem to the United States for
any fine, penalty, or damages assessed or imposed under this Act. The
amount of such in rem liability shall constitute a lien and may be
recovered in an action in rem in an appropriate district court of the
United States.
``SEC. 9. CIVIL ENFORCEMENT.
``(a) Permit Sanction and Civil Administrative Penalty.--
``(1) In general.--Any person who violates any provision of
this Act, or any regulation or permit issued under this Act--
``(A) may be subject to a permit sanction; and
``(B) may be assessed a civil administrative
penalty by the Secretary of Commerce after notice and
an opportunity for a hearing.
``(2) Amount of penalty.--A penalty assessed under
paragraph (1)(B) may not exceed $250,000 per day for each such
violation. Each day of a continuing violation shall constitute
a separate violation.
``(3) Enforcement of penalty.--Upon failure of the
offending party to pay a penalty under this subsection, the
Attorney General, upon the request of the Secretary of
Commerce, may commence an action in the appropriate district
court of the United States to recover such penalty. In such
action, the validity and appropriateness of the final order
imposing the civil administrative penalty shall not be subject
to review.
``(b) Civil Judicial Penalty.--
``(1) In general.--Any person who violates any provision of
this Act, or any regulation or permit issued under this Act,
shall be subject to a civil penalty not to exceed $500,000 per
day for each such violation. Each day of a continuing violation
shall constitute a separate violation.
``(2) Enforcement of penalty.--Upon the request of the
Secretary of Commerce, the Attorney General may commence a
civil action in an appropriate district court of the United
States. Such court shall have jurisdiction to award civil
penalties. In determining the amount of a civil penalty, the
court may consider such matters as justice may require.
``(c) Civil Action.--Upon the request of the Secretary of Commerce,
acting as trustee for R.M.S. Titanic property, the Attorney General may
institute a civil action in an appropriate district court of the United
States to--
``(1) recover response costs, direct and indirect
enforcement costs, and damages as set forth in section 8; or
``(2) obtain a court order directing any person in
possession of R.M.S. Titanic property unlawfully obtained to
deliver such R.M.S. Titanic property to the Secretary of
Commerce.
``(d) In Rem Action.--Upon the request of the Secretary of
Commerce, acting as trustee for R.M.S. Titanic property, the Attorney
General may institute an in rem action in an appropriate district court
of the United States to--
``(1) satisfy a lien referred to in section 8 in an
appropriate district court of the United States; or
``(2) assume custody of R.M.S. Titanic property unlawfully
possessed as a result of a violation of this Act, or any
regulation or permit issued under this Act.
``(e) Injunctive Relief.--Upon the request of the Secretary of
Commerce, the Attorney General may seek to obtain such relief in an
appropriate district court of the United States as may be necessary to
abate an imminent risk of--
``(1) the disturbance to, removal of, or injury to R.M.S.
Titanic property; or
``(2) the sale, purchase, barter, import, or export in
interstate or foreign commerce of R.M.S. Titanic property.
``SEC. 10. CRIMINAL ENFORCEMENT.
``(a) In General.--Any person who knowingly commits any act
prohibited under section 6 is guilty of an offense under this Act.
``(b) Penalty.--Any person who is convicted of an offense under
this section shall be fined not more than $250,000 per day of
violation, imprisoned for not more than 5 years, or both.
``SEC. 11. SEIZURE AND FORFEITURE.
``(a) Authorization.--The provisions of this Act may be enforced by
the Secretary of Commerce and the Secretary of Homeland Security, or
their respective designees.
``(b) Detention and Arrest.--Any person authorized by the Secretary
of Commerce or the Secretary of Homeland Security to enforce this Act
may--
``(1) detain for inspection and inspect any package, crate,
or other container, including its contents, and all
accompanying documents, upon importation or exportation and
otherwise as permitted by law;
``(2) make arrests without a warrant for any violation of
this Act if the authorized person has reasonable grounds to
believe that the person to be arrested is committing the
violation in their presence or view;
``(3) execute and serve any arrest warrant, seizure
warrant, or other warrant or civil or criminal process issued
by any officer or court of competent jurisdiction for
enforcement of this Act, or any regulation or permit issued
under this Act; and
``(4) search and seize property described in paragraph (1),
with or without a warrant, as authorized by law.
``(c) Temporary Disposition of Property.--
``(1) In general.--Any R.M.S. Titanic property, or other
property seized pursuant to subsection (b)(4), shall be held by
any person authorized by the Secretary of Commerce or the
Secretary of Homeland Security pending disposition of civil or
criminal proceedings, administrative forfeiture proceedings,
actions in rem for forfeiture of such R.M.S. Titanic property
or other property pursuant to this section, or criminal
forfeiture proceedings pursuant to this section, as authorized
under section 2461(c) of title 28, United States Code.
``(2) Exception.--Instead of holding the property described
in paragraph (1), the Secretary of Commerce or the Secretary of
Homeland Security may permit the owner or consignee of such
property to post a bond or other surety satisfactory to the
Secretary of Commerce or the Secretary of Homeland Security.
``(d) Property Subject to Forfeiture.--The following property shall
be subject to forfeiture to the United States:
``(1) Any R.M.S. Titanic property possessed, taken,
retained, purchased, sold, bartered, imported, or exported
contrary to the provisions of this Act, or any regulation or
permit issued under this Act.
``(2) Any property, real or personal, that constitutes, or
is derived from, the proceeds of any violation of this Act, or
any regulation or permit issued under this Act.
``(3) Any vessel (including the vessel's gear,
appurtenances, stores, and cargo), vehicle, aircraft, or other
means of transportation and any money or other property used or
intended to be used to facilitate any violation of this Act, or
any regulation or permit issued under this Act.
``(4) Any property traceable to the property described in
paragraph (1), (2), or (3).
``(e) Rebuttable Presumption.--In this section, there is a
rebuttable presumption that all R.M.S. Titanic property found on board
a vessel that is used or seized in connection with a violation of this
Act, or any regulation or permit issued under this Act, was taken or
retained in violation of this Act, or a regulation or permit issued
under this Act.
``(f) Final Disposition of Property.--Upon forfeiture of any R.M.S.
Titanic property or other property to the United States pursuant to
this section, or the abandonment or waiver of any claim to any such
property, the property shall be disposed of by the Secretary of
Commerce in such a manner, consistent with the purposes of this Act, as
the Secretary shall prescribe by regulation, including the possibility
of assimilating R.M.S. Titanic property with an existing collection.
Any R.M.S. Titanic property ordered forfeited to the United States
shall be held in trust by the Secretary of Commerce on behalf of the
public and disposed of in a manner consistent with the purposes of this
Act. Forfeited R.M.S. Titanic property that does not constitute a
collection may not be sold, but may be assimilated with an existing
collection.
``(g) Civil Forfeitures.--
``(1) In general.--Except as provided in paragraph (2), the
provisions of chapter 46 of title 18, United States Code,
relating to civil forfeitures shall extend to any seizure or
administrative or civil judicial forfeiture under this section
to the extent that such provisions are not inconsistent with
this Act.
``(2) Performance of duties.--Any duties imposed upon the
Attorney General, the Secretary of the Treasury, or the
Postmaster General shall be performed with respect to seizures
and forfeitures of property under this section by such
officers, agents, or other persons as may be authorized or
designated for that purpose by the Secretary of Commerce or the
Secretary of Homeland Security, as appropriate.
``(h) Criminal Forfeitures.--
``(1) In general.--Any person who is convicted of an
offense under section 10 shall forfeit property to the United
States pursuant to this section, as authorized by section
2461(c) of title 28, United States Code.
``(2) Procedures.--The procedures under section 413 of the
Controlled Substances Act (21 U.S.C. 853) (except subsection
(d) of such section), insofar as such provisions are not
inconsistent with this Act, shall apply to--
``(A) all stages of a criminal forfeiture of
property under this section, including any seizure and
disposition of such property; and
``(B) any administrative or judicial proceeding in
relation to such forfeiture.
``SEC. 12. DISPOSITION OF MONIES RECOVERED.
``(a) In General.--Notwithstanding any other provision of law, any
monies collected under sections 8, 9, 10, and 11, either directly or
through the sale of forfeited property, after payment of related
expenses--
``(1) are authorized to be paid into 1 or more special
accounts of the Department of the Treasury; and
``(2) shall be used by the Secretary of Commerce for--
``(A) conservation of Titanic artifacts recovered
pursuant to an enforcement action;
``(B) conservation of any Titanic collection of
lawfully salvaged artifacts; or
``(C) the collection of the USS Monitor National
Marine Sanctuary artifacts at The Mariners' Museum.
``(b) Disposition of Excess Funds.--If the proceeds from an
enforcement action exceed the amount of funds needed for the
conservation of artifacts from that case, the Titanic collection, and
the Monitor collection, such excess amount shall be deposited in the
General Fund of the Treasury.
``SEC. 13. INTERNATIONAL COOPERATION.
``(a) Secretary of Commerce.--In cooperation with the Secretary of
State, the Secretary of Commerce is authorized to inform and consult
with representatives of foreign nations and others regarding the
protection and preservation of R.M.S. Titanic property, including the
issuance of permits pursuant to section 7.
``(b) Secretary of State.--In the event that a party to the
International Agreement issues a permit, pursuant to its laws, allowing
for the recovery of R.M.S. Titanic property, the Secretary of State may
consult with that party to request that existing salvor-in-possession
rights to R.M.S. Titanic are respected and that there is consideration
of assimilating any R.M.S. Titanic property recovered to an existing
collection.
``SEC. 14. AGREEMENTS AND AUTHORITY TO UTILIZE GRANT FUNDS.
``(a) Agreements.--The Secretary of Commerce may, as appropriate,
enter into agreements with any person to use the personnel, services,
equipment, or facilities of such person, on a reimbursable or
nonreimbursable basis, to assist in carrying out the purposes of this
Act.
``(b) Authority To Utilize Grant Funds.--The Secretary of
Commerce--
``(1) except as provided in paragraph (2), and
notwithstanding any other provision of law that prohibits a
Federal agency from receiving assistance, may apply for,
accept, and obligate research grant funding from any Federal
source operating competitive grant programs if such funding
furthers the purposes of this Act;
``(2) may not apply for, accept, or obligate any grant
funding under paragraph (1) if--
``(A) the granting agency is not authorized to
award grants to Federal agencies; or
``(B) the grant will be used for any purposes, or
will be subject to any conditions, that are prohibited
by law or regulation;
``(3) may use amounts appropriated for the purpose of this
Act to satisfy a requirement to match grant funds with
recipient agency funds, except that no grant may be accepted
that requires a commitment before such amounts are
appropriated; and
``(4) shall deposit grant funds in the National Oceanic and
Atmospheric Administration account that serves to accomplish
the purpose for which the grant was awarded.
``SEC. 15. MONITORING AUTHORIZATION.
``In order to carry out the purposes of this Act, the Secretary of
Commerce may--
``(1) monitor the wreck site of R.M.S. Titanic; and
``(2) conduct such monitoring in coordination with the
personnel, services, and facilities of other Federal
departments, agencies, or instrumentalities on a reimbursable
or nonreimbursable basis.
``SEC. 16. RULEMAKING.
``The Secretary of Commerce is authorized to promulgate regulations
to implement this Act, including, as necessary, regulations providing
for the issuance of permits under section 7. Such regulations shall be
consistent with the International Agreement and Rules.
``SEC. 17. RELATIONSHIP TO OTHER LAWS.
``(a) Liability.--Nothing in sections 4281 through 4289 of the
Revised Statutes of the United States or section 3 of the Act of
February 13, 1893, shall limit the liability of any person under this
Act.
``(b) Seizure and Forfeiture of Property.--Nothing in this Act may
be construed to affect the seizure and forfeiture of property,
including R.M.S. Titanic property, under the customs laws of the United
States, or the issuance of penalties under such laws.
``(c) International Agreements.--This Act and any implementing
regulations shall be applied in accordance with applicable law,
including treaties, conventions, and other international agreements to
which the United States is a party.
``(d) Freedoms of the High Seas.--Except to the extent that an
activity is undertaken as a subterfuge for activities prohibited under
this Act, nothing in this Act is intended to affect the exercise of
traditional freedoms of the high seas, including--
``(1) navigation;
``(2) the laying of submarine cables and pipelines;
``(3) operation of vessels;
``(4) fishing; or
``(5) other internationally lawful uses of the sea related
to such freedoms.
``(e) Severability.--Each provision of this Act is severable. If a
court of competent jurisdiction should find any provision of this Act
to be unenforceable, all other provisions shall remain in full force
and effect.
``(f) Salvage Rights.--
``(1) Compliance with this act.--An order granting salvage
rights to R.M.S. Titanic by a court of competent jurisdiction
prior to the effective date of this Act shall not exempt any
person from complying with this Act or any regulation or permit
issued under this Act.
``(2) Permit issuance.--If a person with exclusive salvage
rights to the R.M.S. Titanic seeks a permit issued under
section 7 of this Act, such a permit shall not be unreasonably
withheld.
``(3) Limitation on obtaining salvage rights.--Without
prejudice to the orders of a United States Court of competent
jurisdiction, issued in reference to the entity known as `RMS
Titanic, Inc.', prior to the effective date of this legislation
(the status of such orders to be unaffected by this
legislation), no person may obtain salvage rights to R.M.S.
Titanic or R.M.S. Titanic property, after the effective date of
this Act, except by an assignment or transfer of existing
rights or through the orders of a United States Court of
competent jurisdiction issued in reference to the entity known
as `RMS Titanic, Inc.'.
``(g) Law of Finds.--The law of finds shall not apply to R.M.S.
Titanic or R.M.S. Titanic property.
``(h) Collection Management.--Each collection shall be managed and
maintained in accordance with the Rules.
``SEC. 18. VALID EXCLUSIVE RIGHT TO SALVAGE R.M.S. TITANIC.
``(a) Construction.--Nothing in this Act shall be construed as
terminating, or granting to the Secretary of Commerce the right to
terminate, any valid exclusive right to salvage the R.M.S. Titanic that
is in existence on the date of enactment.
``(b) Regulation by Secretary of Commerce.--The exercise of the
exclusive right to salvage R.M.S. Titanic is subject to regulation by
the Secretary of Commerce consistent with the provisions of this Act.
``SEC. 19. TITANIC ADVISORY COUNCIL; SITE MANAGEMENT PLAN.
``(a) Authority To Establish.--The Secretary of Commerce is
authorized to establish the Titanic Advisory Council.
``(b) Exemption From FACA.--The Titanic Advisory Council shall be
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
``(c) Membership.--The membership of the Titanic Advisory Council
shall consist of--
``(1) a member designated by the Administrator of the
National Oceanic and Atmospheric Administration;
``(2) a member designated by the Director of the National
Park Service;
``(3) a member designated by the Secretary of State;
``(4)(A) a member from the Woods Hole Oceanographic
Institution designated by the head of the Institution; or
``(B) in the event that the head of such Institution is
unable or declines to make a designation under subparagraph
(A), a member of another leading marine research institution
that is selected by the Secretary of Commerce from a list
recommended by the Titanic Advisory Council;
``(5) a member designated by the current salvor-in-
possession of the R.M.S. Titanic, or any successor, as
determined pursuant to section 17(h);
``(6) a member designated by any United States person that
holds a collection; and
``(7) 2 members of the public who--
``(A) have expertise in nautical archaeology or
underwater cultural heritage;
``(B) are appointed by the Secretary of Commerce
from a list of recommended candidates prepared by the
other members of the Titanic Advisory Council, with at
least 5 members concurring in the recommendation; and
``(C) may be a person from a foreign government,
institution, or corporation.
``(d) Conduct of Business.--
``(1) Quorum.--The Titanic Advisory Council may meet and
conduct business if there is a quorum of at least 5 members.
``(2) Prior to appointment.--The Titanic Advisory Council
may meet and conduct business prior to the appointment of the
members described in subsection (c)(7).
``(e) Prohibition on Compensation.--A member of the Titanic
Advisory Council who is not employed by the Federal Government may
not--
``(1) receive pay by reason of the member's service on the
Titanic Advisory Council; and
``(2) be considered an employee of the Federal Government
by reason of any service to the Titanic Advisory Council.
``(f) Duties.--The Titanic Advisory Council shall advise and make
recommendations to the Secretary of Commerce regarding--
``(1) the protection and preservation of R.M.S. Titanic
property and conservation and curation of artifacts recovered
from the R.M.S. Titanic in a manner consistent with this Act,
the International Agreement, and the promotion of knowledge of
and education about the R.M.S. Titanic; and
``(2) the site management plan required by paragraph (1) of
subsection (g), including periodic evaluations of such plan as
described in paragraph (3) of such subsection.
``(g) Site Management Plan.--
``(1) Requirement for plan.--Not later than 2 years after
the date the Titanic Advisory Council provides the Secretary of
Commerce recommendations under subsection (f)(2), the Secretary
shall prepare a long-term site management plan for R.M.S.
Titanic that--
``(A) includes an archaeological plan, that ensures
best practices are observed in the protection and
preservation of the wreck site and artifacts recovered
from the R.M.S. Titanic, in a manner consistent with
the International Agreement and the Rules; and
``(B) is based on information and data gathered
from previous expeditions to the site, previous
experience with handling R.M.S. Titanic artifacts as
well as other relevant information, and data and
experience from other wreck sites.
``(2) Public availability.--The site management plan
prepared under paragraph (1) shall be made available to the
public for notice and comment prior to its adoption by the
Secretary of Commerce.
``(3) Periodic evaluations and amendment.--The Titanic
Advisory Council shall periodically evaluate and provide advice
and recommendations to the Secretary of Commerce for the
amendment of the site management plan prepared under paragraph
(1) and the Secretary of Commerce may amend such plan as
necessary and appropriate.
``SEC. 20. STATUTE OF LIMITATIONS.
``No civil action may be brought, and no criminal prosecution may
be commenced, by the United States to enforce this Act, or any
regulation or permit issued under this Act, after the date that is 8
years after the date on which--
``(1) all facts material to the right of action or offense
are known by the Secretary of Commerce; and
``(2) jurisdiction can be exercised over the defendant.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act.
Calendar No. 550
112th CONGRESS
2d Session
S. 2279
_______________________________________________________________________
A BILL
To amend the R.M.S. Titanic Maritime Memorial Act of 1986 to provide
additional protection for the R.M.S. Titanic and its wreck site, and
for other purposes.
_______________________________________________________________________
November 14, 2012
Reported without amendment