II 

112TH CONGRESS 

2D SESSION S. 2279 

To amend the R.M.S. Titanic Maritime Memorial Act of 1986 to provide 

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2012 

Mr. KERRY (for himself and Mr. ISAKSON) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To amend the R.M.S. Titanic Maritime Memorial Act of 

1986 to provide additional protection for the R.M.S. 

Titanic and its wreck site, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘R.M.S. Titanic Mari5 time Memorial Preservation Act of 2012’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 Section 2 of the R.M.S. Titanic Maritime Memorial 

8 Act of 1986 (16 U.S.C. 450rr) is amended— 

9 (1) in subsection (a)— 


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1 (A) in paragraph (1), by striking ‘‘should 

2 be designated’’ and inserting ‘‘is recognized’’; 

3 (B) in paragraph (2), by striking ‘‘recent’’; 

4 (C) in paragraph (3), by striking ‘‘and’’ at 

5 the end; 

6 (D) in paragraph (4), by striking the pe7 riod at the end and inserting a semicolon; and 

8 (E) by adding after paragraph (4) the fol9 lowing: 

10 ‘‘(5) the Secretary of Commerce, through the 

11 National Oceanic and Atmospheric Administration’s 

12 National Marine Sanctuary Program, and in con13 sultation with the Secretary of State, other inter14 ested Federal agencies, academic and research insti15 tutions, the public, the United Kingdom, France, 

16 and Canada, issued Final Guidelines for Research, 

17 Exploration, and Salvage of R.M.S. Titanic on April 

18 12, 2001 (66 Fed. Reg. 18905), as directed under 

19 section 5; and 

20 ‘‘(6) the Secretary of State, in consultation with 

21 the Secretary of Commerce, negotiated the Inter22 national Agreement with the United Kingdom, 

23 France, and Canada pursuant to section 6, which 

24 was signed on June 18, 2004, subject to acceptance 

25 by the United States.’’; and 


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1 (2) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b) PURPOSE.—The purposes of this Act are— 

4 ‘‘(1) to ensure the protection of R.M.S. Titanic 

5 and its wreck site as— 

6 ‘‘(A) an international maritime memorial 

7 and grave site to those aboard the ship who 

8 perished in 1912; and 

9 ‘‘(B) a site of unique scientific, archeo10 logical, cultural, and historical significance for 

11 present and future generations; 

12 ‘‘(2) to ensure that the planning and conduct of 

13 any activities directed at R.M.S. Titanic and its 

14 wreck site are consistent with applicable law, includ15 ing the International Agreement; and 

16 ‘‘(3) to call upon the Secretary of State to en17 courage other interested nations, especially nations 

18 with the technological capability to access R.M.S. Ti19 tanic and its wreck site, to consent to be bound by 

20 the International Agreement.’’. 

21 SEC. 3. DEFINITIONS. 

22 Section 3 of the R.M.S. Titanic Maritime Memorial 

23 Act of 1986 (16 U.S.C. 450rr–1) is amended to read as 

24 follows: 


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1 ‘‘SEC. 3. DEFINITIONS. 

2 ‘‘In this Act— 

3 ‘‘(1) the term ‘collection’ means each grouping 

4 of R.M.S. Titanic property, other than human re5 mains, that results from recovery activities after 

6 September 1, 1985, at the wreck site of R.M.S. Ti7 tanic authorized by— 

8 ‘‘(A) an order of a United States court of 

9 competent jurisdiction; 

10 ‘‘(B) a permit granted by the Secretary of 

11 Commerce under section 7; or 

12 ‘‘(C) an order of a court or tribunal (in13 cluding any administrative body, Office of Mari14 time Affairs, or Receiver of Wreck) of com15 petent jurisdiction of the United Kingdom, 

16 France, or Canada, or of a state party to the 

17 International Agreement; 

18 ‘‘(2) the term ‘import’ means to bring into, or 

19 introduce into, or attempt to bring into or introduce 

20 into, the United States, including its territories and 

21 insular possessions, and the territorial sea of the 

22 United States (as defined in Presidential Proclama23 tion 5928, issued December 27, 1988); 

24 ‘‘(3) the term ‘International Agreement’ means 

25 the Agreement concerning the Shipwrecked Vessel 

26 R.M.S. Titanic; 


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1 ‘‘(4) the term ‘Person’ means any individual 

2 (whether or not a citizen or national of the United 

3 States), any corporation, partnership, association, or 

4 other entity (whether or not organized or existing 

5 under the laws of any State), and any Federal, 

6 State, local, or foreign government or any entity of 

7 any such government; 

8 ‘‘(5) the term ‘R.M.S. Titanic property’ in9 cludes— 

10 ‘‘(A) the shipwrecked vessel R.M.S. Ti11 tanic; 

12 ‘‘(B) the cargo of R.M.S. Titanic, any 

13 other contents from the ship, or any associated 

14 items scattered on the ocean floor in the vicin15 ity of the ship, or any portion of the ship; 

16 ‘‘(C) all such property recovered from the 

17 wreck site since September 1, 1985; and 

18 ‘‘(D) any human remains of those aboard 

19 R.M.S. Titanic who perished; 

20 ‘‘(6) the term ‘Rules’ means the ‘Rules Con21 cerning Activities Aimed at the R.M.S. Titanic and/ 

22 or its Artifacts’ contained in the Annex to the Inter23 national Agreement; and 

24 ‘‘(7) the term ‘United States waters’ means all 

25 waters of the United States on the landward side of 


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1 the baseline from which the breadth of the United 

2 States territorial sea is measured, and the waters of 

3 the United States territorial sea as described in 

4 Presidential Proclamation 5928, dated December 27, 

5 1988.’’. 

6 SEC. 4. IMPLEMENTATION OF THE INTERNATIONAL AGREE7 MENT. 

8 The R.M.S. Titanic Maritime Memorial Act of 1986 

9 (16 U.S.C. 450rr et seq.) is amended— 

10 (1) by striking sections 5, 6, and 7; 

11 (2) by redesignating section 8 as section 21; 

12 and 

13 (3) by inserting after section 4 the following: 

14 ‘‘SEC. 5. SCOPE AND APPLICABILITY. 

15 ‘‘(a) IN GENERAL.—This Act shall apply to— 

16 ‘‘(1) any person subject to the jurisdiction of 

17 the United States at the time that such person en18 gages in an activity prohibited under section 6; 

19 ‘‘(2) any vessel of the United States, includ20 ing— 

21 ‘‘(A) a vessel documented under chapter 

22 121 of title 46, United States Code, or vessels 

23 numbered as provided under chapter 123 of 

24 such title; 


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1 ‘‘(B) a vessel (other than a vessel that has 

2 been granted the nationality of a foreign nation 

3 in accordance with article 5 of the Convention 

4 on the High Seas, done at Geneva on April 29, 

5 1958, or article 91 of the 1982 Convention on 

6 the Law of the Sea, signed at Montego Bay, 

7 Jamaica on December 10, 1982, and for which 

8 a claim of nationality or registry is made by the 

9 master or individual in charge at the time of an 

10 enforcement action by an officer or employee of 

11 the United States authorized to enforce applica12 ble provisions of United States law) owned in 

13 whole or part by— 

14 ‘‘(i) the United States or a territory, 

15 commonwealth, or possession of the United 

16 States and used on commercial service; 

17 ‘‘(ii) a State or a political subdivision 

18 of a State and used on commercial service; 

19 ‘‘(iii) a citizen or national of the 

20 United States; or 

21 ‘‘(iv) a corporation created under the 

22 laws of the United States, any State, the 

23 District of Columbia, or any territory, 

24 commonwealth, or possession of the United 

25 States; and 


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1 ‘‘(C) a vessel that was once documented 

2 under the laws of the United States and, in vio3 lation of the laws of the United States, was— 

4 ‘‘(i) sold to a person that is not a cit5 izen of the United States; or 

6 ‘‘(ii) placed under foreign registry or 

7 a foreign flag, whether or not the vessel 

8 has been granted the nationality of a for9 eign nation; 

10 ‘‘(3) any vessel subject to the jurisdiction of the 

11 United States including— 

12 ‘‘(A) a vessel without nationality; 

13 ‘‘(B) a vessel assimilated to a vessel with14 out nationality, in accordance with paragraph 

15 (2) of article 6 of the Convention on the High 

16 Seas, done at Geneva on April 29, 1958, or ar17 ticle 91 of the Convention on the Law of the 

18 Sea, signed at Montego Bay, Jamaica on De19 cember 10, 1982; 

20 ‘‘(C) a vessel registered in a foreign nation 

21 if— 

22 ‘‘(i) the flag nation has consented to, 

23 or waived objection to, the enforcement of 

24 United States law by the United States; 

25 and 


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1 ‘‘(ii) such consent or waiver— 

2 ‘‘(I) was obtained by radio, tele3 phone, or similar oral or electronic 

4 means; and 

5 ‘‘(II) is conclusively proved by 

6 certification of the Secretary of State 

7 or the Secretary’s designee; 

8 ‘‘(D) a vessel located within the customs 

9 waters of the United States; and 

10 ‘‘(E) a vessel located in the contiguous 

11 zone of the United States (as defined in Presi12 dential Proclamation 7219, issued on Sep13 tember 2, 1999) that— 

14 ‘‘(i) is entering United States waters; 

15 ‘‘(ii) has departed United States 

16 waters; or 

17 ‘‘(iii) is a hovering vessel (as defined 

18 in section 401 of the Tariff Act of 1930 

19 (19 U.S.C. 1401)); and 

20 ‘‘(4) any property made forfeitable under sec21 tion 11. 

22 ‘‘(b) VESSEL WITHOUT NATIONALITY.— 

23 ‘‘(1) IN GENERAL.—In this Act, a vessel with24 out nationality includes— 


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1 ‘‘(A) a vessel aboard which the master or 

2 person in charge makes a claim of registry, 

3 which claim is denied by the flag nation whose 

4 registry is claimed; 

5 ‘‘(B) a vessel aboard which the master or 

6 person in charge fails, upon request of an offi7 cer of the United States empowered to enforce 

8 applicable provisions of United States law, to 

9 make a claim of nationality or registry for that 

10 vessel; and 

11 ‘‘(C) a vessel aboard which the master or 

12 person in charge makes a claim of registry and 

13 the claimed nation of registry does not affirma14 tively and unequivocally assert that the vessel is 

15 of its nationality. 

16 ‘‘(2) VERIFICATION OR DENIAL.—A claim of 

17 registry under subparagraph (A) or (C) of para18 graph (1) may be verified or denied by radio, tele19 phone, or similar oral or electronic means. The re20 sponse by the claimed flag nation is conclusively 

21 proved by certification of the Secretary of State or 

22 the Secretary’s designee. 

23 ‘‘(c) CLAIM OF NATIONALITY OR REGISTRY.—In this 

24 Act, a claim of nationality or registry is limited to— 


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1 ‘‘(1) possession on board the vessel and produc2 tion of documents evidencing the vessel’s nationality 

3 in accordance with article 5 of the Convention on the 

4 High Seas, done at Geneva on April 29, 1958, or ar5 ticle 91 of the Convention on the Law of the Sea, 

6 signed at Montego Bay, Jamaica on December 10, 

7 1982; 

8 ‘‘(2) flying the flag nation’s ensign or flag; or 

9 ‘‘(3) a verbal claim of nationality or registry by 

10 the master or person in charge of the vessel. 

11 ‘‘(d) APPLICABILITY.—This Act shall not apply to— 

12 ‘‘(1) warships; 

13 ‘‘(2) naval auxiliaries; 

14 ‘‘(3) other vessels— 

15 ‘‘(A) owned or operated by the United 

16 States; and 

17 ‘‘(B) used only for government non18 commercial service, unless the vessel engages in 

19 an activity designed to disturb, remove, or in20 jure R.M.S. Titanic property; or 

21 ‘‘(4) any person on board a vessel described in 

22 paragraphs (1) through (3) who is acting in the 

23 course of such person’s duties, unless such person 

24 engages in an activity designed to disturb, remove, 

25 or injure R.M.S. Titanic property. 


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1 ‘‘SEC. 6. PROHIBITIONS. 

2 ‘‘Except as authorized under section 7, it is unlawful 

3 for any person or vessel described in section 5 to— 

4 ‘‘(1) engage in any activity that disturbs, re5 moves, or injures, or attempts to disturb, remove, or 

6 injure, R.M.S. Titanic property; 

7 ‘‘(2) engage in any activity directed at R.M.S. 

8 Titanic property located at the wreck site that poses 

9 a significant threat to public safety; 

10 ‘‘(3) engage in any activity that violates any 

11 provision of this Act, or any regulation or permit 

12 issued under this Act, or any provision of the Rules; 

13 ‘‘(4) sell, purchase, barter, import, export, or 

14 offer to sell, purchase, barter, import, export, in 

15 interstate or foreign commerce, R.M.S. Titanic prop16 erty not constituting a collection; or 

17 ‘‘(5) enter, or cause entry by means of any 

18 equipment, instrumentality, or other property, into 

19 the hull sections of R.M.S. Titanic. 

20 ‘‘SEC. 7. PERMITS. 

21 ‘‘(a) IN GENERAL.—The Secretary of Commerce may 

22 issue a permit for an activity otherwise prohibited under 

23 section 6 if the Secretary determines that such activity— 

24 ‘‘(1) is consistent with the International Agree25 ment and Rules; and 


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1 ‘‘(2)(A) furthers educational, scientific, or cul2 tural purposes in the public interest; or 

3 ‘‘(B) is necessary to protect R.M.S. Titanic 

4 property from a significant threat. 

5 ‘‘(b) APPLICABILITY.—This section shall apply to any 

6 activities directed at R.M.S. Titanic property, including 

7 those authorized before the effective date of this Act by 

8 a court of competent jurisdiction. 

9 ‘‘(c) NOTICE.—Any vessel described in paragraph (2) 

10 or (3) of section 5(a) that intends to stop within the zone 

11 located within the coordinates of 41°46′00.036588′′ N, 

12 049°53′09.391344′′ W (Northeast corner); 

13 41°46′00.036588′′ N, 049°59′51.08136′′ W (Northwest 

14 corner); 41°41′00.24864′′ N, 049°53′09.391344′′ W 

15 (Southeast corner); 41°41′00.24864′′ N, 

16 049°59′51.08136′′ W (Southwest corner) shall, through 

17 its owner or agent, provide prior written notice of the tim18 ing and purpose of such intended entry to the Secretary 

19 of Commerce in a manner sufficient to allow the Secretary 

20 to determine whether a permit is required and whether 

21 a permit should be granted. 

22 ‘‘(d) TERMS AND CONDITIONS.—Any permit issued 

23 by the Secretary of Commerce under this section shall con24 tain terms and conditions that fully comply with the Rules. 


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1 ‘‘(e) FEES.—The Secretary of Commerce may charge 

2 and retain reasonable fees to offset expenses associated 

3 with the processing of permit applications and the admin4 istration of permits issued under this section. Fees col5 lected under this subsection shall be available to cover 

6 such costs without further appropriation and shall remain 

7 available until expended. 

8 ‘‘(f) DEADLINES.— 

9 ‘‘(1) IN GENERAL.—Except as provided under 

10 paragraph (2), the Secretary of Commerce shall act 

11 on an application for a permit under this section not 

12 later than 180 days after the date on which the Sec13 retary has determined that the application contains 

14 sufficient information for the Secretary to make a 

15 decision on the application. 

16 ‘‘(2) ADDITIONAL TIME.—If the Secretary is 

17 unable to comply with the deadline under paragraph 

18 (1), the Secretary shall provide the applicant with 

19 written notification that up to an additional 30 days 

20 will be needed to complete the review. Under no cir21 cumstances may a complete application remain 

22 pending for more than 210 days. 

23 ‘‘(3) RULEMAKING.—The Secretary shall pro24 mulgate regulations to— 


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1 ‘‘(A) identify the scientific, technical, 

2 logistical, or other documentation or justifica3 tion required for the Secretary to make a deci4 sion on the application for permit; and 

5 ‘‘(B) ensure the confidentiality of propri6 etary information and data submitted under 

7 this section. 

8 ‘‘SEC. 8. LIABILITY. 

9 ‘‘(a) LIABILITY TO THE UNITED STATES.—Any per10 son who engages in an activity prohibited under section 

11 6 is liable for response costs, direct and indirect enforce12 ment costs, and any damages resulting from such activity, 

13 including— 

14 ‘‘(1) the reasonable costs incurred in storage, 

15 restoration, care, maintenance, conservation, and 

16 curation of R.M.S. Titanic property; and 

17 ‘‘(2) the cost of retrieving any remaining infor18 mation of a scientific, archeological, cultural, or his19 torical interest from the site at which R.M.S. Titanic 

20 property was disturbed, removed, or injured. 

21 ‘‘(b) LIABILITY IN REM.—Any vessel (including the 

22 vessel’s gear, appurtenances, stores, and cargo), vehicle, 

23 aircraft, or other means of transportation, and any money 

24 or property used, or intended to be used, to facilitate any 

25 violation of this Act or any regulation or permit issued 


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1 under this Act, shall be liable in rem to the United States 

2 for any fine, penalty, or damages assessed or imposed 

3 under this Act. The amount of such in rem liability shall 

4 constitute a lien and may be recovered in an action in rem 

5 in an appropriate district court of the United States. 

6 ‘‘SEC. 9. CIVIL ENFORCEMENT. 

7 ‘‘(a) PERMIT SANCTION AND CIVIL ADMINISTRATIVE

8 PENALTY.— 

9 ‘‘(1) IN GENERAL.—Any person who violates 

10 any provision of this Act, or any regulation or per11 mit issued under this Act— 

12 ‘‘(A) may be subject to a permit sanction; 

13 and 

14 ‘‘(B) may be assessed a civil administrative 

15 penalty by the Secretary of Commerce after no16 tice and an opportunity for a hearing. 

17 ‘‘(2) AMOUNT OF PENALTY.—A penalty as18 sessed under paragraph (1)(B) may not exceed 

19 $250,000 per day for each such violation. Each day 

20 of a continuing violation shall constitute a separate 

21 violation. 

22 ‘‘(3) ENFORCEMENT OF PENALTY.—Upon fail23 ure of the offending party to pay a penalty under 

24 this subsection, the Attorney General, upon the re25 quest of the Secretary of Commerce, may commence 


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1 an action in the appropriate district court of the 

2 United States to recover such penalty. In such ac3 tion, the validity and appropriateness of the final 

4 order imposing the civil administrative penalty shall 

5 not be subject to review. 

6 ‘‘(b) CIVIL JUDICIAL PENALTY.— 

7 ‘‘(1) IN GENERAL.—Any person who violates 

8 any provision of this Act, or any regulation or per9 mit issued under this Act, shall be subject to a civil 

10 penalty not to exceed $500,000 per day for each 

11 such violation. Each day of a continuing violation 

12 shall constitute a separate violation. 

13 ‘‘(2) ENFORCEMENT OF PENALTY.—Upon the 

14 request of the Secretary of Commerce, the Attorney 

15 General may commence a civil action in an appro16 priate district court of the United States. Such court 

17 shall have jurisdiction to award civil penalties. In de18 termining the amount of a civil penalty, the court 

19 may consider such matters as justice may require. 

20 ‘‘(c) CIVIL ACTION.—Upon the request of the Sec21 retary of Commerce, acting as trustee for R.M.S. Titanic 

22 property, the Attorney General may institute a civil action 

23 in an appropriate district court of the United States to— 


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1 ‘‘(1) recover response costs, direct and indirect 

2 enforcement costs, and damages as set forth in sec3 tion 8; or 

4 ‘‘(2) obtain a court order directing any person 

5 in possession of R.M.S. Titanic property unlawfully 

6 obtained to deliver such R.M.S. Titanic property to 

7 the Secretary of Commerce. 

8 ‘‘(d) IN REM ACTION.—Upon the request of the Sec9 retary of Commerce, acting as trustee for R.M.S. Titanic 

10 property, the Attorney General may institute an in rem 

11 action in an appropriate district court of the United States 

12 to— 

13 ‘‘(1) satisfy a lien referred to in section 8 in an 

14 appropriate district court of the United States; or 

15 ‘‘(2) assume custody of R.M.S. Titanic property 

16 unlawfully possessed as a result of a violation of this 

17 Act, or any regulation or permit issued under this 

18 Act. 

19 ‘‘(e) INJUNCTIVE RELIEF.—Upon the request of the 

20 Secretary of Commerce, the Attorney General may seek 

21 to obtain such relief in an appropriate district court of 

22 the United States as may be necessary to abate an immi23 nent risk of— 

24 ‘‘(1) the disturbance to, removal of, or injury to 

25 R.M.S. Titanic property; or 


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1 ‘‘(2) the sale, purchase, barter, import, or ex2 port in interstate or foreign commerce of R.M.S. Ti3 tanic property. 

4 ‘‘SEC. 10. CRIMINAL ENFORCEMENT. 

5 ‘‘(a) IN GENERAL.—Any person who knowingly com6 mits any act prohibited under section 6 is guilty of an 

7 offense under this Act. 

8 ‘‘(b) PENALTY.—Any person who is convicted of an 

9 offense under this section shall be fined not more than 

10 $250,000 per day of violation, imprisoned for not more 

11 than 5 years, or both. 

12 ‘‘SEC. 11. SEIZURE AND FORFEITURE. 

13 ‘‘(a) AUTHORIZATION.—The provisions of this Act 

14 may be enforced by the Secretary of Commerce and the 

15 Secretary of Homeland Security, or their respective des16 ignees. 

17 ‘‘(b) DETENTION AND ARREST.—Any person author18 ized by the Secretary of Commerce or the Secretary of 

19 Homeland Security to enforce this Act may— 

20 ‘‘(1) detain for inspection and inspect any pack21 age, crate, or other container, including its contents, 

22 and all accompanying documents, upon importation 

23 or exportation and otherwise as permitted by law; 

24 ‘‘(2) make arrests without a warrant for any 

25 violation of this Act if the authorized person has 


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1 reasonable grounds to believe that the person to be 

2 arrested is committing the violation in their presence 

3 or view; 

4 ‘‘(3) execute and serve any arrest warrant, sei5 zure warrant, or other warrant or civil or criminal 

6 process issued by any officer or court of competent 

7 jurisdiction for enforcement of this Act, or any regu8 lation or permit issued under this Act; and 

9 ‘‘(4) search and seize property described in 

10 paragraph (1), with or without a warrant, as author11 ized by law. 

12 ‘‘(c) TEMPORARY DISPOSITION OF PROPERTY.— 

13 ‘‘(1) IN GENERAL.—Any R.M.S. Titanic prop14 erty, or other property seized pursuant to subsection 

15 (b)(4), shall be held by any person authorized by the 

16 Secretary of Commerce or the Secretary of Home17 land Security pending disposition of civil or criminal 

18 proceedings, administrative forfeiture proceedings, 

19 actions in rem for forfeiture of such R.M.S. Titanic 

20 property or other property pursuant to this section, 

21 or criminal forfeiture proceedings pursuant to this 

22 section, as authorized under section 2461(c) of title 

23 28, United States Code. 

24 ‘‘(2) EXCEPTION.—Instead of holding the prop25 erty described in paragraph (1), the Secretary of 


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1 Commerce or the Secretary of Homeland Security 

2 may permit the owner or consignee of such property 

3 to post a bond or other surety satisfactory to the 

4 Secretary of Commerce or the Secretary of Home5 land Security. 

6 ‘‘(d) PROPERTY SUBJECT TO FORFEITURE.—The 

7 following property shall be subject to forfeiture to the 

8 United States: 

9 ‘‘(1) Any R.M.S. Titanic property possessed, 

10 taken, retained, purchased, sold, bartered, imported, 

11 or exported contrary to the provisions of this Act, or 

12 any regulation or permit issued under this Act. 

13 ‘‘(2) Any property, real or personal, that con14 stitutes, or is derived from, the proceeds of any vio15 lation of this Act, or any regulation or permit issued 

16 under this Act. 

17 ‘‘(3) Any vessel (including the vessel’s gear, ap18 purtenances, stores, and cargo), vehicle, aircraft, or 

19 other means of transportation and any money or 

20 other property used or intended to be used to facili21 tate any violation of this Act, or any regulation or 

22 permit issued under this Act. 

23 ‘‘(4) Any property traceable to the property de24 scribed in paragraph (1), (2), or (3). 


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1 ‘‘(e) REBUTTABLE PRESUMPTION.—In this section, 

2 there is a rebuttable presumption that all R.M.S. Titanic 

3 property found on board a vessel that is used or seized 

4 in connection with a violation of this Act, or any regulation 

5 or permit issued under this Act, was taken or retained 

6 in violation of this Act, or a regulation or permit issued 

7 under this Act. 

8 ‘‘(f) FINAL DISPOSITION OF PROPERTY.—Upon for9 feiture of any R.M.S. Titanic property or other property 

10 to the United States pursuant to this section, or the aban11 donment or waiver of any claim to any such property, the 

12 property shall be disposed of by the Secretary of Com13 merce in such a manner, consistent with the purposes of 

14 this Act, as the Secretary shall prescribe by regulation, 

15 including the possibility of assimilating R.M.S. Titanic 

16 property with an existing collection. Any R.M.S. Titanic 

17 property ordered forfeited to the United States shall be 

18 held in trust by the Secretary of Commerce on behalf of 

19 the public and disposed of in a manner consistent with 

20 the purposes of this Act. Forfeited R.M.S. Titanic prop21 erty that does not constitute a collection may not be sold, 

22 but may be assimilated with an existing collection. 

23 ‘‘(g) CIVIL FORFEITURES.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), the provisions of chapter 46 of title 18, 


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1 United States Code, relating to civil forfeitures shall 

2 extend to any seizure or administrative or civil judi3 cial forfeiture under this section to the extent that 

4 such provisions are not inconsistent with this Act. 

5 ‘‘(2) PERFORMANCE OF DUTIES.—Any duties 

6 imposed upon the Attorney General, the Secretary of 

7 the Treasury, or the Postmaster General shall be 

8 performed with respect to seizures and forfeitures of 

9 property under this section by such officers, agents, 

10 or other persons as may be authorized or designated 

11 for that purpose by the Secretary of Commerce or 

12 the Secretary of Homeland Security, as appropriate. 

13 ‘‘(h) CRIMINAL FORFEITURES.— 

14 ‘‘(1) IN GENERAL.—Any person who is con15 victed of an offense under section 10 shall forfeit 

16 property to the United States pursuant to this sec17 tion, as authorized by section 2461(c) of title 28, 

18 United States Code. 

19 ‘‘(2) PROCEDURES.—The procedures under sec20 tion 413 of the Controlled Substances Act (21 

21 U.S.C. 853) (except subsection (d) of such section), 

22 insofar as such provisions are not inconsistent with 

23 this Act, shall apply to— 


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1 ‘‘(A) all stages of a criminal forfeiture of 

2 property under this section, including any sei3 zure and disposition of such property; and 

4 ‘‘(B) any administrative or judicial pro5 ceeding in relation to such forfeiture. 

6 ‘‘SEC. 12. DISPOSITION OF MONIES RECOVERED. 

7 ‘‘(a) IN GENERAL.—Notwithstanding any other pro8 vision of law, any monies collected under sections 8, 9, 

9 10, and 11, either directly or through the sale of forfeited 

10 property, after payment of related expenses— 

11 ‘‘(1) are authorized to be paid into 1 or more 

12 special accounts of the Department of the Treasury; 

13 and 

14 ‘‘(2) shall be used by the Secretary of Com15 merce for— 

16 ‘‘(A) conservation of Titanic artifacts re17 covered pursuant to an enforcement action; 

18 ‘‘(B) conservation of any Titanic collection 

19 of lawfully salvaged artifacts; or 

20 ‘‘(C) the collection of the USS Monitor 

21 National Marine Sanctuary artifacts at The 

22 Mariners’ Museum. 

23 ‘‘(b) DISPOSITION OF EXCESS FUNDS.—If the pro24 ceeds from an enforcement action exceed the amount of 

25 funds needed for the conservation of artifacts from that 


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1 case, the Titanic collection, and the Monitor collection, 

2 such excess amount shall be deposited in the General 

3 Fund of the Treasury. 

4 ‘‘SEC. 13. INTERNATIONAL COOPERATION. 

5 ‘‘(a) SECRETARY OF COMMERCE.—In cooperation 

6 with the Secretary of State, the Secretary of Commerce 

7 is authorized to inform and consult with representatives 

8 of foreign nations and others regarding the protection and 

9 preservation of R.M.S. Titanic property, including the 

10 issuance of permits pursuant to section 7. 

11 ‘‘(b) SECRETARY OF STATE.—In the event that a 

12 party to the International Agreement issues a permit, pur13 suant to its laws, allowing for the recovery of R.M.S. Ti14 tanic property, the Secretary of State may consult with 

15 that party to request that existing salvor-in-possession 

16 rights to R.M.S. Titanic are respected and that there is 

17 consideration of assimilating any R.M.S. Titanic property 

18 recovered to an existing collection. 

19 ‘‘SEC. 14. AGREEMENTS AND AUTHORITY TO UTILIZE 

20 GRANT FUNDS. 

21 ‘‘(a) AGREEMENTS.—The Secretary of Commerce 

22 may, as appropriate, enter into agreements with any per23 son to use the personnel, services, equipment, or facilities 

24 of such person, on a reimbursable or nonreimbursable 

25 basis, to assist in carrying out the purposes of this Act. 


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1 ‘‘(b) AUTHORITY TO UTILIZE GRANT FUNDS.—The 

2 Secretary of Commerce— 

3 ‘‘(1) except as provided in paragraph (2), and 

4 notwithstanding any other provision of law that pro5 hibits a Federal agency from receiving assistance, 

6 may apply for, accept, and obligate research grant 

7 funding from any Federal source operating competi8 tive grant programs if such funding furthers the 

9 purposes of this Act; 

10 ‘‘(2) may not apply for, accept, or obligate any 

11 grant funding under paragraph (1) if— 

12 ‘‘(A) the granting agency is not authorized 

13 to award grants to Federal agencies; or 

14 ‘‘(B) the grant will be used for any pur15 poses, or will be subject to any conditions, that 

16 are prohibited by law or regulation; 

17 ‘‘(3) may use amounts appropriated for the 

18 purpose of this Act to satisfy a requirement to 

19 match grant funds with recipient agency funds, ex20 cept that no grant may be accepted that requires a 

21 commitment before such amounts are appropriated; 

22 and 

23 ‘‘(4) shall deposit grant funds in the National 

24 Oceanic and Atmospheric Administration account 


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1 that serves to accomplish the purpose for which the 

2 grant was awarded. 

3 ‘‘SEC. 15. MONITORING AUTHORIZATION. 

4 ‘‘In order to carry out the purposes of this Act, the 

5 Secretary of Commerce may— 

6 ‘‘(1) monitor the wreck site of R.M.S. Titanic; 

7 and 

8 ‘‘(2) conduct such monitoring in coordination 

9 with the personnel, services, and facilities of other 

10 Federal departments, agencies, or instrumentalities 

11 on a reimbursable or nonreimbursable basis. 

12 ‘‘SEC. 16. RULEMAKING. 

13 ‘‘The Secretary of Commerce is authorized to promul14 gate regulations to implement this Act, including, as nec15 essary, regulations providing for the issuance of permits 

16 under section 7. Such regulations shall be consistent with 

17 the International Agreement and Rules. 

18 ‘‘SEC. 17. RELATIONSHIP TO OTHER LAWS. 

19 ‘‘(a) LIABILITY.—Nothing in sections 4281 through 

20 4289 of the Revised Statutes of the United States or sec21 tion 3 of the Act of February 13, 1893, shall limit the 

22 liability of any person under this Act. 

23 ‘‘(b) SEIZURE AND FORFEITURE OF PROPERTY.— 

24 Nothing in this Act may be construed to affect the seizure 

25 and forfeiture of property, including R.M.S. Titanic propVerDate Mar 15 2010 02:33 Apr 03, 2012 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2279.IS S2279

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1 erty, under the customs laws of the United States, or the 

2 issuance of penalties under such laws. 

3 ‘‘(c) INTERNATIONAL AGREEMENTS.—This Act and 

4 any implementing regulations shall be applied in accord5 ance with applicable law, including treaties, conventions, 

6 and other international agreements to which the United 

7 States is a party. 

8 ‘‘(d) FREEDOMS OF THE HIGH SEAS.—Except to the 

9 extent that an activity is undertaken as a subterfuge for 

10 activities prohibited under this Act, nothing in this Act 

11 is intended to affect the exercise of traditional freedoms 

12 of the high seas, including— 

13 ‘‘(1) navigation; 

14 ‘‘(2) the laying of submarine cables and pipe15 lines; 

16 ‘‘(3) operation of vessels; 

17 ‘‘(4) fishing; or 

18 ‘‘(5) other internationally lawful uses of the sea 

19 related to such freedoms. 

20 ‘‘(e) SEVERABILITY.—Each provision of this Act is 

21 severable. If a court of competent jurisdiction should find 

22 any provision of this Act to be unenforceable, all other 

23 provisions shall remain in full force and effect. 

24 ‘‘(f) SALVAGE RIGHTS.— 


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1 ‘‘(1) COMPLIANCE WITH THIS ACT.—An order 

2 granting salvage rights to R.M.S. Titanic by a court 

3 of competent jurisdiction prior to the effective date 

4 of this Act shall not exempt any person from com5 plying with this Act or any regulation or permit 

6 issued under this Act. 

7 ‘‘(2) PERMIT ISSUANCE.—If a person with ex8 clusive salvage rights to the R.M.S. Titanic seeks a 

9 permit issued under section 7 of this Act, such a 

10 permit shall not be unreasonably withheld. 

11 ‘‘(3) LIMITATION ON OBTAINING SALVAGE

12 RIGHTS.—Without prejudice to the orders of a 

13 United States Court of competent jurisdiction, 

14 issued in reference to the entity known as ‘RMS Ti15 tanic, Inc.’, prior to the effective date of this legisla16 tion (the status of such orders to be unaffected by 

17 this legislation), no person may obtain salvage rights 

18 to R.M.S. Titanic or R.M.S. Titanic property, after 

19 the effective date of this Act, except by an assign20 ment or transfer of existing rights or through the 

21 orders of a United States Court of competent juris22 diction issued in reference to the entity known as 

23 ‘RMS Titanic, Inc.’. 

24 ‘‘(g) LAW OF FINDS.—The law of finds shall not 

25 apply to R.M.S. Titanic or R.M.S. Titanic property. 


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1 ‘‘(h) COLLECTION MANAGEMENT.—Each collection 

2 shall be managed and maintained in accordance with the 

3 Rules. 

4 ‘‘SEC. 18. VALID EXCLUSIVE RIGHT TO SALVAGE R.M.S. TI5 TANIC. 

6 ‘‘(a) CONSTRUCTION.—Nothing in this Act shall be 

7 construed as terminating, or granting to the Secretary of 

8 Commerce the right to terminate, any valid exclusive right 

9 to salvage the R.M.S. Titanic that is in existence on the 

10 date of enactment. 

11 ‘‘(b) REGULATION BY SECRETARY OF COMMERCE.— 

12 The exercise of the exclusive right to salvage R.M.S. Ti13 tanic is subject to regulation by the Secretary of Com14 merce consistent with the provisions of this Act. 

15 ‘‘SEC. 19. TITANIC ADVISORY COUNCIL; SITE MANAGEMENT 

16 PLAN. 

17 ‘‘(a) AUTHORITY TO ESTABLISH.—The Secretary of 

18 Commerce is authorized to establish the Titanic Advisory 

19 Council. 

20 ‘‘(b) EXEMPTION FROM FACA.—The Titanic Advi21 sory Council shall be exempt from the Federal Advisory 

22 Committee Act (5 U.S.C. App.). 

23 ‘‘(c) MEMBERSHIP.—The membership of the Titanic 

24 Advisory Council shall consist of— 


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1 ‘‘(1) a member designated by the Administrator 

2 of the National Oceanic and Atmospheric Adminis3 tration; 

4 ‘‘(2) a member designated by the Director of 

5 the National Park Service; 

6 ‘‘(3) a member designated by the Secretary of 

7 State; 

8 ‘‘(4)(A) a member from the Woods Hole Ocean9 ographic Institution designated by the head of the 

10 Institution; or 

11 ‘‘(B) in the event that the head of such Institu12 tion is unable or declines to make a designation 

13 under subparagraph (A), a member of another lead14 ing marine research institution that is selected by 

15 the Secretary of Commerce from a list recommended 

16 by the Titanic Advisory Council; 

17 ‘‘(5) a member designated by the current sal18 vor-in-possession of the R.M.S. Titanic, or any suc19 cessor, as determined pursuant to section 17(h); 

20 ‘‘(6) a member designated by any United States 

21 person that holds a collection; and 

22 ‘‘(7) 2 members of the public who— 

23 ‘‘(A) have expertise in nautical archaeology 

24 or underwater cultural heritage; 


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1 ‘‘(B) are appointed by the Secretary of 

2 Commerce from a list of recommended can3 didates prepared by the other members of the 

4 Titanic Advisory Council, with at least 5 mem5 bers concurring in the recommendation; and 

6 ‘‘(C) may be a person from a foreign gov7 ernment, institution, or corporation. 

8 ‘‘(d) CONDUCT OF BUSINESS.— 

9 ‘‘(1) QUORUM.—The Titanic Advisory Council 

10 may meet and conduct business if there is a quorum 

11 of at least 5 members. 

12 ‘‘(2) PRIOR TO APPOINTMENT.—The Titanic 

13 Advisory Council may meet and conduct business 

14 prior to the appointment of the members described 

15 in subsection (c)(7). 

16 ‘‘(e) PROHIBITION ON COMPENSATION.—A member 

17 of the Titanic Advisory Council who is not employed by 

18 the Federal Government may not— 

19 ‘‘(1) receive pay by reason of the member’s 

20 service on the Titanic Advisory Council; and 

21 ‘‘(2) be considered an employee of the Federal 

22 Government by reason of any service to the Titanic 

23 Advisory Council. 


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1 ‘‘(f) DUTIES.—The Titanic Advisory Council shall 

2 advise and make recommendations to the Secretary of 

3 Commerce regarding— 

4 ‘‘(1) the protection and preservation of R.M.S. 

5 Titanic property and conservation and curation of 

6 artifacts recovered from the R.M.S. Titanic in a 

7 manner consistent with this Act, the International 

8 Agreement, and the promotion of knowledge of and 

9 education about the R.M.S. Titanic; and 

10 ‘‘(2) the site management plan required by 

11 paragraph (1) of subsection (g), including periodic 

12 evaluations of such plan as described in paragraph 

13 (3) of such subsection. 

14 ‘‘(g) SITE MANAGEMENT PLAN.— 

15 ‘‘(1) REQUIREMENT FOR PLAN.—Not later than 

16 2 years after the date the Titanic Advisory Council 

17 provides the Secretary of Commerce recommenda18 tions under subsection (f)(2), the Secretary shall 

19 prepare a long-term site management plan for 

20 R.M.S. Titanic that— 

21 ‘‘(A) includes an archaeological plan, that 

22 ensures best practices are observed in the pro23 tection and preservation of the wreck site and 

24 artifacts recovered from the R.M.S. Titanic, in 


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1 a manner consistent with the International 

2 Agreement and the Rules; and 

3 ‘‘(B) is based on information and data 

4 gathered from previous expeditions to the site, 

5 previous experience with handling R.M.S. Ti6 tanic artifacts as well as other relevant informa7 tion, and data and experience from other wreck 

8 sites. 

9 ‘‘(2) PUBLIC AVAILABILITY.—The site manage10 ment plan prepared under paragraph (1) shall be 

11 made available to the public for notice and comment 

12 prior to its adoption by the Secretary of Commerce. 

13 ‘‘(3) PERIODIC EVALUATIONS AND AMEND14 MENT.—The Titanic Advisory Council shall periodi15 cally evaluate and provide advice and recommenda16 tions to the Secretary of Commerce for the amend17 ment of the site management plan prepared under 

18 paragraph (1) and the Secretary of Commerce may 

19 amend such plan as necessary and appropriate. 

20 ‘‘SEC. 20. STATUTE OF LIMITATIONS. 

21 ‘‘No civil action may be brought, and no criminal 

22 prosecution may be commenced, by the United States to 

23 enforce this Act, or any regulation or permit issued under 

24 this Act, after the date that is 8 years after the date on 

25 which— 


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1 ‘‘(1) all facts material to the right of action or 

2 offense are known by the Secretary of Commerce; 

3 and 

4 ‘‘(2) jurisdiction can be exercised over the de5 fendant.’’. 

6 SEC. 5. EFFECTIVE DATE. 

7 The amendments made by this Act shall take effect 

8 on the date of the enactment of this Act. 

Æ 


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