U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

29–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–247 

Calendar No. 550 

R.M.S. TITANIC MARITIME MEMORIAL 

PRESERVATION ACT OF 2012 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2279 

DECEMBER 5, 2012.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TWELFTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

ROY BLUNT, Missouri 

JOHN BOOZMAN, Arkansas 

PATRICK J. TOOMEY, Pennsylvania 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

JOHN WILLIAMS, General Counsel 

RICHARD RUSSELL, Republican Staff Director 

DAVID QUINALTY, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 550 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–247 

R.M.S. TITANIC MARITIME MEMORIAL PRESERVATION 

ACT OF 2012 

DECEMBER 5, 2012.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2279] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (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, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 2279 is to amend the R.M.S. Titanic Maritime 

Memorial Act of 1986 (16 U.S.C. 450rr et seq.) to provide additional 

protection for the R.M.S. Titanic and its wreck site, and for other 

purposes. 

BACKGROUND AND NEEDS

The Royal Mail Steamer (R.M.S.) Titanic is perhaps the most famous shipwreck of all time, marking the final resting site of the 

luxury ship that tragically sank on its maiden voyage. Built in Belfast, Northern Ireland in 1911, the Titanic was the largest passenger vessel of its time and carried 2,240 passengers and crew on 

board. With turn of the century design and technology, including 

16 major watertight compartments in her lower section that could 

be sealed off in the case of a punctured hull, the vessel was considered by many to be unsinkable. 

The Titanic set sail on its first voyage from Southampton England on April 10, 1912, bound for New York City. On April 15, 


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1912, after striking an iceberg, Titanic broke apart and sank to the 

bottom of the ocean, taking with it the lives of more than 1,500 

passengers and crew. Most of the ship remains in its final resting 

place 12,000 feet below sea level and over 350 nautical miles off the 

coast of Newfoundland, Canada. The R.M.S. Titanic has been recognized for its national and international significance, and is a 

maritime memorial to those who lost their lives in the tragic sinking. 

Shortly after the Titanic wreck was first discovered in 1985, Congress enacted the R.M.S. Titanic Maritime Memorial Act of 1986 

(16 U.S.C. 450rr et seq.). The 1986 Act called on the U.S. Secretary 

of State to negotiate an international agreement to designate the 

Titanic as an international maritime memorial to those who lost 

their lives when she sank in 1912 and to encourage in those negotiations the development of guidelines for conducting research, exploration, and salvage of the Titanic. The United States, the 

United Kingdom, France, and Canada negotiated the Agreement 

Concerning the Shipwrecked Vessel R.M.S. Titanic, ratified by the 

United Kingdom in 2003 and signed by the United States in 2004 

subject to the enactment of implementing legislation. Legislation 

providing the Executive branch authority to carry out the obligations of the International Agreement is necessary for the United 

States to ratify it. The International Agreement will take effect 

after at least two countries ratify it. 

In 2009, the U.S. Department of State transmitted to Congress 

proposed legislation to protect the R.M.S. Titanic from looting and 

unscientific salvage and to ensure adherence to the scientific rules 

for research, recovery, or salvage that will help preserve the R.M.S. 

Titanic for present and future generations. 

SUMMARY OF PROVISIONS

S. 2279 would amend the R.M.S. Titanic Maritime Memorial Act 

of 1986 (16 U.S.C. 450rr et seq.) to set forth: (1) the scope and applicability of the Act; (2) prohibited activities and related liabilities; 

(3) authorities of the Secretary of Commerce, including authority to 

establish the Titanic Advisory Council; (4) civil and criminal enforcement provisions; (5) seizure and forfeiture provisions; and (6) 

statute of limitations provisions. 

LEGISLATIVE HISTORY

S. 2279 was introduced on March 29, 2012, by Senators Kerry 

and Isakson. On July 31, 2012, the Committee met in open Executive Session and by voice vote ordered that the bill be reported favorably without amendment. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 


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S. 2279—R.M.S. Titanic Maritime Memorial Preservation Act of 

2012 

S. 2279 would implement an international agreement to provide 

additional protection for the R.M.S. Titanic wreck site. The bill 

would authorize the National Oceanic and Atmospheric Administration (NOAA) to enhance enforcement of laws prohibiting individuals from engaging in activities, including the recovery of artifacts, 

that could damage the wreck site. The bill also would establish 

civil and criminal penalties for individuals who violate those laws. 

Finally, the bill would authorize NOAA to issue permits to individuals to conduct research, exploration, and recovery activities that 

are consistent with the international agreement. 

Based on information from NOAA, CBO estimates that implementing S. 2279 would have no significant net impact on the federal budget. The bill would authorize NOAA to enhance enforcement of certain laws to protect the R.M.S. Titanic wreck site. 

Based on information from the agency, CBO expects that such enforcement would probably be carried out using satellites to monitor 

the site. Thus, CBO estimates that any costs associated with additional monitoring activities would be minimal. 

The Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting direct 

spending or revenues. Enacting S. 2279 could increase revenues 

(from civil and criminal penalties) and associated direct spending; 

therefore, pay-as-you-go procedures would apply. However, CBO estimates that any increase in revenues from penalties would be less 

than $500,000 a year and would be offset by similar increases in 

direct spending from the Crime Victims Fund (for criminal penalties) or by NOAA (for civil penalties). In addition, the bill would 

authorize NOAA to collect fees for permits issued to individuals 

who conduct research, exploration, and recovery activities at the 

Titanic wreck site. Because the agency could spend those fees to 

offset administrative expenses, CBO estimates that implementing 

such fees would have no significant net effect on direct spending. 

S. 2279 would impose intergovernmental and private-sector mandates, as defined in the Unfunded Mandates Reform Act, by prohibiting public and private entities from engaging in some activities 

related to the R.M.S. Titanic property without a permit from 

NOAA. 

Additionally, the bill would require vessels to notify NOAA before 

stopping within the designated zone surrounding the R.M.S. Titanic. Because both the number of entities affected and the fee for 

the permits would be small, CBO estimates that the cost for public 

and private entities to comply with the mandates would fall well 

below the annual thresholds for intergovernmental and private-sector mandates ($73 million and $146 million in 2012, respectively, 

adjusted annually for inflation). 

The CBO staff contacts for this estimate are Jeff LaFave (for federal costs), Melissa Merrell (for the impact on state and local governments), and Amy Petz (for the impact on the private sector). 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 


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REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 2279 would guide the permitting and conservation of the Titanic Memorial wreck site, and affects the National Oceanic and 

Atmospheric Administration (NOAA) and other entities already 

subject to regulation. Therefore the number of persons covered generally should be consistent with the current levels of individuals 

impacted by the regulation of the wreck site. One provision in the 

bill would require vessels intending to visit the wreck site or be 

within a certain zone of the wreck site to provide advance notice 

to the Department of Commerce, which could increase the number 

of persons covered by a very small amount. 

ECONOMIC IMPACT

The legislation is not expected to have an impact on the Nation’s 

economy. 

PRIVACY

The reported bill would not have any adverse impact on the personal privacy of individuals. 

PAPERWORK

The reported bill would not increase paperwork requirements for 

the private sector. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would provide that this Act may be cited as the 

R.M.S. Titanic Maritime Memorial Preservation Act of 2012. 

Section 2. Findings and purposes 

This section would amend language in the R.M.S. Titanic Maritime Memorial Act of 1986 (16 U.S.C. 450rr et seq.) for updating 

and clarification purposes. For example, section 2(a) of the Act 

would reflect that regulations governing research, exploration, and 

salvage of the wreck called for in the 1986 Act have now been finalized, and that the international agreement has been negotiated. 

Section 2(b) of the Act would outline the purposes of the Act as to 

protect the R.M.S. Titanic and its wreck site as an international 

maritime memorial and grave site, as well as a site of unique scientific, archeological, cultural, and historical significance to be protected for present and future generations. 


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Section 3. Definitions. 

Section 3 of the bill would define seven terms, amending section 

3 of the R.M.S. Titanic Maritime Memorial Act of 1986 (16 U.S.C. 

450rr–1): 

Collection.—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 U.S. 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. 

Import.—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). 

International Agreement.—The term ‘‘International 

Agreement’’ means the Agreement concerning the Shipwrecked Vessel R.M.S. Titanic. 

Person.—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. 

R.M.S. Titanic property.—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. 

Rules.—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. 

United States waters.—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. 

Section 4. Implementation of the International Agreement 

Section 4 of this Act would implement the ‘‘International Agreement Concerning the Shipwrecked Vessel R.M.S. Titanic’’ by striking sections 5, 6, and 7 of the provisions of the R.M.S. Titanic Maritime Memorial Act of 1986 (16 U.S.C. 450rr–3, 450rr–4, 450rr–5); 

redesignating section 8 as section 21 of that Act (16 U.S.C. 450rr– 


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1These prohibitions also would implement Article 4 of the International Agreement and would 

be consistent with courts’ orders in the matter of R.M.S. Titanic, Inc. v. The Wrecked and Abandoned Vessel, Civil Action No. 2:93 cv902 (E.D. Va., filed 1993). See, e.g., June 7, 1994 Order 

(granting R.M.S. Titanic, Inc.’s quest to become the exclusive salvor-in-possession based in part 

on the company’s promise not to sell the artifacts piecemeal to any individual or private collector, but keep them together as an intact collection to be exhibited to the public); July 28, 

2000 Order (prohibiting the sale of individual artifacts and the cutting into or cutting off of any 

part of the wreck); and the October 19, 2001 Order (summarizing the court’s Orders of June 

7, 1994, July 28, 2000, and September 21, 2001, regarding the sale of artifacts and requirement 

to keep the collection together for public exhibition). 

6); and inserting after section 4 of that Act (16 U.S.C. 450rr–2) the 

new implementing sections as follows: 

Sec. 5. Scope and Applicability.—This section would provide that the Act applies to any person subject to the jurisdiction of the United States at the time such person engages in an activity prohibited under section 6. This section also would provide that the Act applies to any vessel 

over which the United States exercises, or may exercise, 

jurisdiction under international law, after the effective 

date of the Act. The intent of this section is that the Act 

would apply expansively and reach as many persons and 

vessels as possible consistent with U.S. law and international law. Vessels of the United States would be expressly excluded from the Act unless they engage in any 

activity the purpose of which is to disturb, remove, or injure R.M.S. Titanic property. Likewise, all persons aboard 

such vessels acting in the course of their duties would be 

expressly excluded from the Act unless they engage in any 

activity the purpose of which is to disturb, remove, or injure R.M.S. Titanic property. Vessels of the United States 

and persons aboard such vessels conducting research or recovery activities directed at R.M.S. Titanic or its wreck 

site would be subject to this Act. 

Sec. 6. Prohibitions.—This section would set forth activities prohibited by the Act unless authorized pursuant to a 

permit issued under the Act. These prohibitions recognize 

the historical and cultural significance of R.M.S. Titanic 

and its wreck site, and reflect the United States’ preferred 

resource management policy of in situ preservation.1

Sec. 7. Permits.—This section would establish the permitting authority of the Secretary of Commerce. Subsection 7(b) of the Act takes into consideration the salvorin-possession status awarded to R.M.S. Titanic, Inc. by the 

U.S. District Court for the Eastern District of Virginia on 

June 7, 1994. Any person holding the status of salvor-inpossession as of the effective date of the Act would be subject to the Act’s permitting regime. Consistent with the 

Federal admiralty court orders, the Act would not prohibit 

such salvor-in-possession from selling all of the artifacts 

that it recovered from R.M.S. Titanic or its wreck site, provided that any such sale is of the entire collection of recovered artifacts. The Act would not extinguish R.M.S. Titanic, Inc.’s salvor-in-possession status; nor would it deprive the district court of jurisdiction over R.M.S. Titanic, Inc.’s pending salvage action. Subsection 7(c) would require vessels subject to the Act to provide advance notice 

to the Secretary of Commerce if they intend to stop within 


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a specified zone above the wreck site. One purpose of this 

notice provision is to ensure that the Secretary of Commerce has prior knowledge of the timing and purpose of 

the presence of a vessel in this zone so that the Secretary 

of Commerce could determine whether a permit is required. Another purpose for this notice provision is to facilitate fulfillment of the coordination requirements in Article 5 of the International Agreement. The notice provision would help the United States, through the Secretary 

of Commerce, to protect the wreck site and manage activities directed at it. Sharing information about vessels that 

plan to be in this zone at the same time may also help to 

address safety concerns. Subsection 7(d) would state that 

any permit issued by the Secretary of Commerce will comply with the Rules. Subsection 7(e) would authorize the 

imposition of reasonable fees and their retention to offset 

expenses of the permitting process. Subsection 7(f) would 

establish a time frame for permit decisions by the Secretary of Commerce and for the confidential treatment of 

proprietary information. 

Sec. 8. Liability for Damages.—This section would provide liability for damages, response costs, and enforcement 

costs arising from a violation of the Act. Damages would 

be defined to include all costs related to the storage, restoration, care, maintenance, conservation, and curation of 

R.M.S. Titanic property and all costs associated with the 

retrieval of any contextual and other information of a scientific, archeological, cultural, or historical nature that remains at the site where the prohibited activity occurred. 

Sec. 9. Civil Enforcement.—This section would authorize 

the Secretary of Commerce to assess administrative penalties of not more than $250,000 per day of violation. The 

Secretary of Commerce could also request the Attorney 

General to file suit in Federal district court to seek civil 

penalties of not more than $500,000 per day of violation, 

recover costs and damages, and obtain injunctive relief. 

Sec. 10. Criminal Enforcement.—Section 10 would authorize the Attorney General to criminally prosecute knowing violations of the Act. Persons convicted of an offense 

could be fined no more than $250,000 per day of violation 

or imprisoned for not more than five years, or both. 

Sec. 11. Seizure and Forfeiture.—This section would provide for seizure and administrative, civil, and criminal forfeiture of unlawfully obtained artifacts and proceeds. Any 

R.M.S. Titanic property forfeited to the United States 

could be loaned to a public or private institution that provides for the conservation, curation, and public access of 

such property, consistent with the International Agreement, the Rules, and any regulations promulgated by the 

Secretary of Commerce pursuant to this Act. Departments 

of Commerce and Homeland Security could only use section 11 to authorize arrests by trained law enforcement 

personnel who already possess firearms and arrest powers 

pursuant to other statutes. 


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Sec. 12. Disposition of Monies Recovered.—This section 

would provide that any funds recovered for violations of 

the Act would be authorized to be paid into one or more 

special accounts of the U.S. Department of the Treasury 

and would be used by the Secretary of Commerce for conservation of Titanic artifacts recovered pursuant to an enforcement action, conservation of any Titanic collection of 

lawfully salvaged artifacts, or the collection of the USS 

Monitor National Marine Sanctuary artifacts at The Mariners’ Museum. If the amount of proceeds from an enforcement action exceeds the amount of funds needed for the 

conservation of artifacts from that case, the Titanic collection, and the Monitor collection, then that amount would 

be deposited in the General Fund of the Treasury. 

Sec. 13. International Cooperation.—This section would 

authorize the Secretary of Commerce, in cooperation with 

the Secretary of State, to share information and consult 

with interested nations regarding R.M.S. Titanic. Sec. 14. Agreements and Authority to Utilize Grant 

Funds.—This section would authorize the Secretary of 

Commerce to enter into cooperative agreements and to 

apply for, accept, and obligate grants to carry out the purposes of the Act. 

Sec. 15. Monitoring Authorization.—This section would 

authorize the Secretary of Commerce to monitor the wreck 

site of R.M.S. Titanic with the assistance of other Federal 

instrumentalities as available. Such monitoring is not required under the Agreement but is generally done as part 

of the management of such resources by the National Marine Sanctuary program. 

Sec. 16. Rulemaking.—This section would authorize the 

Secretary of Commerce to promulgate regulations as necessary to implement the Act. Promulgation of any such 

regulations, however, would not be a prerequisite to application (including the issuance of permits) or enforcement 

of the Act. 

Sec. 17. Relationship to Other Laws.—This section would 

contain a number of provisions clarifying the relationship 

of the Act with other laws. Subsection 17(a) would preclude application of the Limitation of Shipowner Liability 

Act. Subsection 17(b) would make clear that the customs 

laws of the United States are in no way affected, modified, 

or amended by the Act. Subsection 17(c) would provide 

that the Act shall be applied in accordance with applicable 

law and international agreements to which the United 

States is a party. Subsection 17(d) would provide that 

nothing in the Act affects the exercise of traditional high 

seas freedoms of navigation, including the laying of undersea cables and pipelines, the operation of vessels, fishing, 

or other internationally lawful uses of the sea related to 

such freedoms. Subsection 17(e) would permit a provision 

of the Act to be held invalid without rendering the entire 

Act void. Subsection 17(f) would make clear that an order 

granting salvage rights to R.M.S. Titanic prior to the effective date of this Act would not exempt any person from 


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compliance with the Act. The subsection also would preclude any person from obtaining salvage rights to R.M.S. 

Titanic or R.M.S. Titanic property after the effective date 

of the Act. At the request of R.M.S. Titanic, Inc., language 

was included to clarify the intent that this limit on new 

salvage rights is not intended to prevent a U.S. court of 

competent jurisdiction from authorizing the transfer of existing salvage rights. 

Subsection 17(g) would provide that the law of finds does 

not apply to R.M.S. Titanic or R.M.S. Titanic property. 

Subsection 17(h) would require that each collection (as defined in the Act) be managed and maintained in accordance with the Rules annexed to the International Agreement. 

Sec. 18. Valid exclusive right to salvage R.M.S. Titanic.—This section would state that 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. The exercise of the exclusive right to salvage R.M.S. Titanic would be subject to 

regulation by the Secretary of Commerce. 

Sec. 19. Titanic advisory council; site management 

plan.—This section would outline the membership of the 

Titanic Advisory Council (Council), the duties of the Council, and the requirements involved in the formulation of a 

site management plan. Subsections 19(a) and 19(b) would 

give the Secretary of Commerce the authority to establish 

the Council which would be exempt from the Federal Advisory Committee Act (5 U.S.C. App). Subsection 19(c) would 

describe the membership of the Council as including members designated by the Administrator of NOAA, the Director of the National Park Service, the Secretary of State, 

the Woods Hole Oceanographic Institution, and the current salvor-in-possession of the R.M.S. Titanic or the successor. Membership would also include a member that 

holds a collection and two members of the public who have 

expertise in nautical archaeology/cultural heritage and are 

appointed by the Secretary of Commerce. Subsection 19(d) 

would define quorum of the Council as at least five members. Subsection 19(e) would state that a member of the 

Council who is not employed by the Federal Government 

may not receive pay for the member’s service on the Council nor can the member be considered an employee of the 

Federal Government. Subsection 19(f) would state that the 

Council shall advise and make recommendations to the 

Secretary of Commerce on the protection, preservation, 

conservation, curation, and promotion of knowledge of 

R.M.S. Titanic property as well as evaluate the site management plan. Subsection 19(g) would lay out the requirements for a long-term site management plan that includes 

best-practices for preservation consistent with the International Agreement and the Rules, that is based on information and data gathered from previous expeditions to the 

site and to other wreckages, is made available to the pubVerDate Mar 15 2010 00:34 Dec 08, 2012 Jkt 029010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6601 E:\HR\OC\SR247.XXX SR247

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lic for notice and comment, and is periodically evaluated 

and amended as necessary. 

Sec. 20. Statute of Limitations.—This section would establish an eight-year statute of limitations on the initiation of any action, whether criminal, civil, or administrative, to enforce the Act, any regulation implementing the 

Act, or any permit issued under the Act. 

Section 5. Effective date 

Section 5 of the Act would provide that the amendments shall 

take effect on the date of enactment. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

R.M.S. TITANIC MARITIME MEMORIAL ACT OF 1986 

SEC. 2. R.M.S. TITANIC; INTERNATIONAL MARITIME MEMORIAL; FINDINGS AND PURPOSES. 

[16 U.S.C. 450rr] 

(a) FINDINGS.—The Congress finds that— 

(1) the R.M.S. Titanic, the ocean liner which sank on her 

maiden voyage after striking an iceberg on April 14, 1912, 

øshould be designated¿ is recognized as an international maritime memorial to the men, women, and children who perished 

aboard her; 

(2) the ørecent¿ discovery of the R.M.S. Titanic, lying more 

than twelve thousand feet beneath the ocean surface, demonstrates the practical applications of ocean science and engineering; 

(3) the R.M.S. Titanic, well preserved in the cold, oxygenpoor waters of the deep North Atlantic Ocean, is of major national and international cultural and historical significance, 

and merits appropriate international protection; øand¿ 

(4) the R.M.S. Titanic represents a special opportunity for 

deep ocean scientific research and explorationø.¿; 

(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. 


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ø(b) PURPOSE.—The Congress declares that the purposes of this 

Act are— 

ø(1) to encourage international efforts to designate the 

R.M.S. Titanic as an international maritime memorial to those 

who lost their lives aboard her in 1912; 

ø(2) to direct the United States to enter into negotiations 

with other interested nations to establish an international 

agreement which will provide for the designation of the R.M.S. 

Titanic as an international maritime memorial, and protect the 

scientific, cultural, and historical significance of the R.M.S. Titanic; 

ø(3) to encourage, in those negotiations or in other fora, the 

development and implementation of international guidelines 

for conducting research on, exploration of, and if appropriate, 

salvage of the R.M.S. Titanic; and 

ø(4) to express the sense of the United States Congress that, 

pending such international agreement or guidelines, no person 

should physically alter, disturb, or salvage the R.M.S. Titanic 

in any research or exploratory activities which are conducted.¿ 

(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. 

øSEC. 3. DEFINITIONS. 

[16 U.S.C. 450rr–1] 

øFor the purposes of this Act the term— 

ø(a) ‘‘Administrator’’ means the Administrator of the National 

Oceanic and Atmospheric Administration (NOAA); 

ø(b) ‘‘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; 

ø(c) ‘‘R.M.S. Titanic’’ means the shipwrecked vessel R.M.S. Titanic, her cargo or other contents, including those items which are 

scattered on the ocean floor in her vicinity; and 

ø(d) ‘‘Secretary’’ means the Secretary of State.¿ 

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— 


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(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. 

øSEC. 5. INTERNATIONAL GUIDELINES. 

[16 U.S.C. 450rr–3] 

ø(a) The Administrator is directed to enter into consultations 

with the United Kingdom, France, Canada, and other interested 

nations to develop international guidelines for research on, exploration of, and if appropriate, salvage of the R.M.S. Titanic, which— 

ø(1) are consistent with its national and international scientific, cultural, and historical significance and the purposes of 

this Act; and 

ø(2) promote the safety of individuals involved in such operations. 

ø(b) In carrying out subsection (a), the Administrator shall consult with the Secretary and shall promote full participation by 

other interested Federal agencies, academic and research institutions, and members of the public.¿ 


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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; 


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(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. 


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øSEC. 6. INTERNATIONAL AGREEMENT. 

[16 U.S.C. 450rr–4] 

ø(a) NEGOTIATIONS.—The Secretary is directed to enter into negotiations with the United Kingdom, France, Canada, and other interested nations to develop an international agreement which provides for— 

ø(1) the designation of the R.M.S. Titanic as an international 

maritime memorial; and 

ø(2) research on, exploration of, and if appropriate, salvage 

of the R.M.S. Titanic consistent with the international guidelines developed pursuant to section 5 and the purposes of this 

Act. 

ø(b) CONSULTATION WITH ADMINISTRATOR.—In carrying out the 

requirements of subsection (a), the Secretary shall consult with the 

Administrator, who shall provide research and technical assistance 

to the Secretary. 

ø(c) REPORTS TO CONGRESSIONAL COMMITTEES ON PROGRESS OF

NEGOTIATIONS AND CONSULTATIONS.—The Secretary and the Administrator shall report semiannually to the Committee on Merchant Marine and Fisheries and the Committee on Foreign Affairs 

in the House of Representatives and to the Committee on Foreign 

Relations and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation in the Senate on 

the progress of the negotiations and consultations. 

ø(d) NOTIFICATION OF AGREEMENT AND RECOMMENDATIONS TO

CONGRESSIONAL COMMITTEES.—Upon adoption of an international 

agreement as described in subsection (a), the Secretary shall provide notification of the agreement and recommendations for legislation to implement the agreement to the Committee on Merchant 

Marine and Fisheries and the Committee on Foreign Affairs in the 

House of Representatives and to the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation in the Senate.¿ 

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. 


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øSEC. 7. SENSE OF CONGRESS REGARDING CONDUCT OF FUTURE ACTIVITIES. 

[16 U.S.C. 450rr–5] 

øIt is the sense of Congress that research and limited exploration 

activities concerning the R.M.S. Titanic should continue for the 

purpose of enhancing public knowledge of its scientific, cultural, 

and historical significance: Provided, That, pending adoption of the 

international agreement described in section 6(a) or implementation of the international guidelines described in section 5, no person should conduct any such research or exploration activity which 

would physically alter, disturb, or salvage the 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 41°46′00.036588′′ N, 049°53′09.391344′′ W (Northeast 

corner); 41°46′00.036588′′ N, 049°59′51.08136′′ W (Northwest corner); 41°41′00.24864′′ N, 049°53′09.391344′′ W (Southeast corner); 

41°41′00.24864′′ N, 049°59′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 


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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 


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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 


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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 


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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 


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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. 


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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. 


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(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 InterVerDate Mar 15 2010 00:34 Dec 08, 2012 Jkt 029010 PO 00000 Frm 00025 Fmt 6659 Sfmt 6603 E:\HR\OC\SR247.XXX SR247

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national 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. ø8¿21. DISCLAIMER OF EXTRATERRITORIAL SOVEREIGNTY. 

[16 U.S.C. 450rr–6] 

By enactment of this Act, the United States does not assert sovereignty, or sovereign or exclusive rights or jurisdiction over, or the 

ownership of, any marine areas or the R.M.S. Titanic. 

Æ 


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