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[Senate Report 112-247]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                                 SENATE
 2d Session                                                     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

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  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

                                                       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

                                 REPORT

                         [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, 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:
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.

                      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.
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-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\
---------------------------------------------------------------------------
    \1\These 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).
---------------------------------------------------------------------------
          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 
        salvor-in-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-in-possession 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 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.
          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 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 public 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, [should be designated] is recognized as an 
        international maritime memorial to the men, women, and 
        children who perished aboard her;
          (2) the [recent] 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, 
        oxygen-poor waters of the deep North Atlantic Ocean, is 
        of major national and international cultural and 
        historical significance, and merits appropriate 
        international protection; [and]
          (4) the R.M.S. Titanic represents a special 
        opportunity for deep ocean scientific research and 
        exploration[.];
          (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.
  [(b) Purpose.--The Congress declares that the purposes of 
this Act are--
          [(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;
          [(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;
          [(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
          [(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.

[SEC. 3. DEFINITIONS.

                          [16 U.S.C. 450rr-1]

  [For the purposes of this Act the term--
  [(a) ``Administrator'' means the Administrator of the 
National Oceanic and Atmospheric Administration (NOAA);
  [(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;
  [(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
  [(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--
                  (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. 5. INTERNATIONAL GUIDELINES.

                          [16 U.S.C. 450rr-3]

  [(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--
          [(1) are consistent with its national and 
        international scientific, cultural, and historical 
        significance and the purposes of this Act; and
          [(2) promote the safety of individuals involved in 
        such operations.
  [(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.]

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. INTERNATIONAL AGREEMENT.

                          [16 U.S.C. 450rr-4]

  [(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--
          [(1) the designation of the R.M.S. Titanic as an 
        international maritime memorial; and
          [(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.
  [(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.
  [(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.
  [(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.

[SEC. 7. SENSE OF CONGRESS REGARDING CONDUCT OF FUTURE ACTIVITIES.

                          [16 U.S.C. 450rr-5]

  [It 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 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. [8]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.

                                  
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