II 

Calendar No. 550 

112TH CONGRESS 

2D SESSION S. 2279 

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

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2012 

Mr. KERRY (for himself, Mr. ISAKSON, and Mr. BLUMENTHAL) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

NOVEMBER 14, 2012 

Reported by Mr. ROCKEFELLER, without amendment 

A BILL 

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

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

Titanic and its wreck site, and for other purposes. 

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’’. 

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1 SEC. 2. FINDINGS AND PURPOSES. 

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

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

4 (1) in subsection (a)— 

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

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

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

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

9 the end; 

10 (D) in paragraph (4), by striking the pe11 riod at the end and inserting a semicolon; and 

12 (E) by adding after paragraph (4) the fol13 lowing: 

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

15 National Oceanic and Atmospheric Administration’s 

16 National Marine Sanctuary Program, and in con17 sultation with the Secretary of State, other inter18 ested Federal agencies, academic and research insti19 tutions, the public, the United Kingdom, France, 

20 and Canada, issued Final Guidelines for Research, 

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

22 12, 2001 (66 Fed. Reg. 18905), as directed under 

23 section 5; and 

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

25 the Secretary of Commerce, negotiated the Inter26 national Agreement with the United Kingdom, 

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1 France, and Canada pursuant to section 6, which 

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

3 by the United States.’’; and 

4 (2) by amending subsection (b) to read as fol5 lows: 

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

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

8 and its wreck site as— 

9 ‘‘(A) an international maritime memorial 

10 and grave site to those aboard the ship who 

11 perished in 1912; and 

12 ‘‘(B) a site of unique scientific, archeo13 logical, cultural, and historical significance for 

14 present and future generations; 

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

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

17 wreck site are consistent with applicable law, includ18 ing the International Agreement; and 

19 ‘‘(3) to call upon the Secretary of State to en20 courage other interested nations, especially nations 

21 with the technological capability to access R.M.S. Ti22 tanic and its wreck site, to consent to be bound by 

23 the International Agreement.’’. 

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1 SEC. 3. DEFINITIONS. 

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

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

4 follows: 

5 ‘‘SEC. 3. DEFINITIONS. 

6 ‘‘In this Act— 

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

8 of R.M.S. Titanic property, other than human re9 mains, that results from recovery activities after 

10 September 1, 1985, at the wreck site of R.M.S. Ti11 tanic authorized by— 

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

13 competent jurisdiction; 

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

15 Commerce under section 7; or 

16 ‘‘(C) an order of a court or tribunal (in17 cluding any administrative body, Office of Mari18 time Affairs, or Receiver of Wreck) of com19 petent jurisdiction of the United Kingdom, 

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

21 International Agreement; 

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

23 introduce into, or attempt to bring into or introduce 

24 into, the United States, including its territories and 

25 insular possessions, and the territorial sea of the 

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1 United States (as defined in Presidential Proclama2 tion 5928, issued December 27, 1988); 

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

4 the Agreement concerning the Shipwrecked Vessel 

5 R.M.S. Titanic; 

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

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

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

9 other entity (whether or not organized or existing 

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

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

12 any such government; 

13 ‘‘(5) the term ‘R.M.S. Titanic property’ in14 cludes— 

15 ‘‘(A) the shipwrecked vessel R.M.S. Ti16 tanic; 

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

18 other contents from the ship, or any associated 

19 items scattered on the ocean floor in the vicin20 ity of the ship, or any portion of the ship; 

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

22 wreck site since September 1, 1985; and 

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

24 R.M.S. Titanic who perished; 

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1 ‘‘(6) the term ‘Rules’ means the ‘Rules Con2 cerning Activities Aimed at the R.M.S. Titanic and/ 

3 or its Artifacts’ contained in the Annex to the Inter4 national Agreement; and 

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

6 waters of the United States on the landward side of 

7 the baseline from which the breadth of the United 

8 States territorial sea is measured, and the waters of 

9 the United States territorial sea as described in 

10 Presidential Proclamation 5928, dated December 27, 

11 1988.’’. 

12 SEC. 4. IMPLEMENTATION OF THE INTERNATIONAL AGREE13 MENT. 

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

15 (16 U.S.C. 450rr et seq.) is amended— 

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

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

18 and 

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

20 ‘‘SEC. 5. SCOPE AND APPLICABILITY. 

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

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

23 the United States at the time that such person en24 gages in an activity prohibited under section 6; 

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1 ‘‘(2) any vessel of the United States, includ2 ing— 

3 ‘‘(A) a vessel documented under chapter 

4 121 of title 46, United States Code, or vessels 

5 numbered as provided under chapter 123 of 

6 such title; 

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

8 been granted the nationality of a foreign nation 

9 in accordance with article 5 of the Convention 

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

11 1958, or article 91 of the 1982 Convention on 

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

13 Jamaica on December 10, 1982, and for which 

14 a claim of nationality or registry is made by the 

15 master or individual in charge at the time of an 

16 enforcement action by an officer or employee of 

17 the United States authorized to enforce applica18 ble provisions of United States law) owned in 

19 whole or part by— 

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

21 commonwealth, or possession of the United 

22 States and used on commercial service; 

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

24 of a State and used on commercial service; 

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

2 United States; or 

3 ‘‘(iv) a corporation created under the 

4 laws of the United States, any State, the 

5 District of Columbia, or any territory, 

6 commonwealth, or possession of the United 

7 States; and 

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

9 under the laws of the United States and, in vio10 lation of the laws of the United States, was— 

11 ‘‘(i) sold to a person that is not a cit12 izen of the United States; or 

13 ‘‘(ii) placed under foreign registry or 

14 a foreign flag, whether or not the vessel 

15 has been granted the nationality of a for16 eign nation; 

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

18 United States including— 

19 ‘‘(A) a vessel without nationality; 

20 ‘‘(B) a vessel assimilated to a vessel with21 out nationality, in accordance with paragraph 

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

23 Seas, done at Geneva on April 29, 1958, or ar24 ticle 91 of the Convention on the Law of the 

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1 Sea, signed at Montego Bay, Jamaica on De2 cember 10, 1982; 

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

4 if— 

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

6 or waived objection to, the enforcement of 

7 United States law by the United States; 

8 and 

9 ‘‘(ii) such consent or waiver— 

10 ‘‘(I) was obtained by radio, tele11 phone, or similar oral or electronic 

12 means; and 

13 ‘‘(II) is conclusively proved by 

14 certification of the Secretary of State 

15 or the Secretary’s designee; 

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

17 waters of the United States; and 

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

19 zone of the United States (as defined in Presi20 dential Proclamation 7219, issued on Sep21 tember 2, 1999) that— 

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

23 ‘‘(ii) has departed United States 

24 waters; or 

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

2 in section 401 of the Tariff Act of 1930 

3 (19 U.S.C. 1401)); and 

4 ‘‘(4) any property made forfeitable under sec5 tion 11. 

6 ‘‘(b) VESSEL WITHOUT NATIONALITY.— 

7 ‘‘(1) IN GENERAL.—In this Act, a vessel with8 out nationality includes— 

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

10 person in charge makes a claim of registry, 

11 which claim is denied by the flag nation whose 

12 registry is claimed; 

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

14 person in charge fails, upon request of an offi15 cer of the United States empowered to enforce 

16 applicable provisions of United States law, to 

17 make a claim of nationality or registry for that 

18 vessel; and 

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

20 person in charge makes a claim of registry and 

21 the claimed nation of registry does not affirma22 tively and unequivocally assert that the vessel is 

23 of its nationality. 

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

25 registry under subparagraph (A) or (C) of paramstockstill on DSK4VPTVN1PROD with BILLS

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1 graph (1) may be verified or denied by radio, tele2 phone, or similar oral or electronic means. The re3 sponse by the claimed flag nation is conclusively 

4 proved by certification of the Secretary of State or 

5 the Secretary’s designee. 

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

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

8 ‘‘(1) possession on board the vessel and produc9 tion of documents evidencing the vessel’s nationality 

10 in accordance with article 5 of the Convention on the 

11 High Seas, done at Geneva on April 29, 1958, or ar12 ticle 91 of the Convention on the Law of the Sea, 

13 signed at Montego Bay, Jamaica on December 10, 

14 1982; 

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

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

17 the master or person in charge of the vessel. 

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

19 ‘‘(1) warships; 

20 ‘‘(2) naval auxiliaries; 

21 ‘‘(3) other vessels— 

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

23 States; and 

24 ‘‘(B) used only for government non25 commercial service, unless the vessel engages in 

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1 an activity designed to disturb, remove, or in2 jure R.M.S. Titanic property; or 

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

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

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

6 engages in an activity designed to disturb, remove, 

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

8 ‘‘SEC. 6. PROHIBITIONS. 

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

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

11 ‘‘(1) engage in any activity that disturbs, re12 moves, or injures, or attempts to disturb, remove, or 

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

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

15 Titanic property located at the wreck site that poses 

16 a significant threat to public safety; 

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

18 provision of this Act, or any regulation or permit 

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

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

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

22 interstate or foreign commerce, R.M.S. Titanic prop23 erty not constituting a collection; or 

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

2 equipment, instrumentality, or other property, into 

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

4 ‘‘SEC. 7. PERMITS. 

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

6 issue a permit for an activity otherwise prohibited under 

7 section 6 if the Secretary determines that such activity— 

8 ‘‘(1) is consistent with the International Agree9 ment and Rules; and 

10 ‘‘(2)(A) furthers educational, scientific, or cul11 tural purposes in the public interest; or 

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

13 property from a significant threat. 

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

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

16 those authorized before the effective date of this Act by 

17 a court of competent jurisdiction. 

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

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

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

21 049°53′09.391344′′ W (Northeast corner); 

22 41°46′00.036588′′ N, 049°59′51.08136′′ W (Northwest 

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

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

25 049°59′51.08136′′ W (Southwest corner) shall, through 

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1 its owner or agent, provide prior written notice of the tim2 ing and purpose of such intended entry to the Secretary 

3 of Commerce in a manner sufficient to allow the Secretary 

4 to determine whether a permit is required and whether 

5 a permit should be granted. 

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

7 by the Secretary of Commerce under this section shall con8 tain terms and conditions that fully comply with the Rules. 

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

10 and retain reasonable fees to offset expenses associated 

11 with the processing of permit applications and the admin12 istration of permits issued under this section. Fees col13 lected under this subsection shall be available to cover 

14 such costs without further appropriation and shall remain 

15 available until expended. 

16 ‘‘(f) DEADLINES.— 

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

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

19 on an application for a permit under this section not 

20 later than 180 days after the date on which the Sec21 retary has determined that the application contains 

22 sufficient information for the Secretary to make a 

23 decision on the application. 

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

25 unable to comply with the deadline under paragraph 

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

2 written notification that up to an additional 30 days 

3 will be needed to complete the review. Under no cir4 cumstances may a complete application remain 

5 pending for more than 210 days. 

6 ‘‘(3) RULEMAKING.—The Secretary shall pro7 mulgate regulations to— 

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

9 logistical, or other documentation or justifica10 tion required for the Secretary to make a deci11 sion on the application for permit; and 

12 ‘‘(B) ensure the confidentiality of propri13 etary information and data submitted under 

14 this section. 

15 ‘‘SEC. 8. LIABILITY. 

16 ‘‘(a) LIABILITY TO THE UNITED STATES.—Any per17 son who engages in an activity prohibited under section 

18 6 is liable for response costs, direct and indirect enforce19 ment costs, and any damages resulting from such activity, 

20 including— 

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

22 restoration, care, maintenance, conservation, and 

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

24 ‘‘(2) the cost of retrieving any remaining infor25 mation of a scientific, archeological, cultural, or hismstockstill on DSK4VPTVN1PROD with BILLS

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1 torical interest from the site at which R.M.S. Titanic 

2 property was disturbed, removed, or injured. 

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

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

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

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

7 violation of this Act or any regulation or permit issued 

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

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

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

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

12 in an appropriate district court of the United States. 

13 ‘‘SEC. 9. CIVIL ENFORCEMENT. 

14 ‘‘(a) PERMIT SANCTION AND CIVIL ADMINISTRATIVE

15 PENALTY.— 

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

17 any provision of this Act, or any regulation or per18 mit issued under this Act— 

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

20 and 

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

22 penalty by the Secretary of Commerce after no23 tice and an opportunity for a hearing. 

24 ‘‘(2) AMOUNT OF PENALTY.—A penalty as25 sessed under paragraph (1)(B) may not exceed 

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1 $250,000 per day for each such violation. Each day 

2 of a continuing violation shall constitute a separate 

3 violation. 

4 ‘‘(3) ENFORCEMENT OF PENALTY.—Upon fail5 ure of the offending party to pay a penalty under 

6 this subsection, the Attorney General, upon the re7 quest of the Secretary of Commerce, may commence 

8 an action in the appropriate district court of the 

9 United States to recover such penalty. In such ac10 tion, the validity and appropriateness of the final 

11 order imposing the civil administrative penalty shall 

12 not be subject to review. 

13 ‘‘(b) CIVIL JUDICIAL PENALTY.— 

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

15 any provision of this Act, or any regulation or per16 mit issued under this Act, shall be subject to a civil 

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

18 such violation. Each day of a continuing violation 

19 shall constitute a separate violation. 

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

21 request of the Secretary of Commerce, the Attorney 

22 General may commence a civil action in an appro23 priate district court of the United States. Such court 

24 shall have jurisdiction to award civil penalties. In demstockstill on DSK4VPTVN1PROD with BILLS

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1 termining the amount of a civil penalty, the court 

2 may consider such matters as justice may require. 

3 ‘‘(c) CIVIL ACTION.—Upon the request of the Sec4 retary of Commerce, acting as trustee for R.M.S. Titanic 

5 property, the Attorney General may institute a civil action 

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

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

8 enforcement costs, and damages as set forth in sec9 tion 8; or 

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

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

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

13 the Secretary of Commerce. 

14 ‘‘(d) IN REM ACTION.—Upon the request of the Sec15 retary of Commerce, acting as trustee for R.M.S. Titanic 

16 property, the Attorney General may institute an in rem 

17 action in an appropriate district court of the United States 

18 to— 

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

20 appropriate district court of the United States; or 

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

22 unlawfully possessed as a result of a violation of this 

23 Act, or any regulation or permit issued under this 

24 Act. 

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

2 Secretary of Commerce, the Attorney General may seek 

3 to obtain such relief in an appropriate district court of 

4 the United States as may be necessary to abate an immi5 nent risk of— 

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

7 R.M.S. Titanic property; or 

8 ‘‘(2) the sale, purchase, barter, import, or ex9 port in interstate or foreign commerce of R.M.S. Ti10 tanic property. 

11 ‘‘SEC. 10. CRIMINAL ENFORCEMENT. 

12 ‘‘(a) IN GENERAL.—Any person who knowingly com13 mits any act prohibited under section 6 is guilty of an 

14 offense under this Act. 

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

16 offense under this section shall be fined not more than 

17 $250,000 per day of violation, imprisoned for not more 

18 than 5 years, or both. 

19 ‘‘SEC. 11. SEIZURE AND FORFEITURE. 

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

21 may be enforced by the Secretary of Commerce and the 

22 Secretary of Homeland Security, or their respective des23 ignees. 

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1 ‘‘(b) DETENTION AND ARREST.—Any person author2 ized by the Secretary of Commerce or the Secretary of 

3 Homeland Security to enforce this Act may— 

4 ‘‘(1) detain for inspection and inspect any pack5 age, crate, or other container, including its contents, 

6 and all accompanying documents, upon importation 

7 or exportation and otherwise as permitted by law; 

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

9 violation of this Act if the authorized person has 

10 reasonable grounds to believe that the person to be 

11 arrested is committing the violation in their presence 

12 or view; 

13 ‘‘(3) execute and serve any arrest warrant, sei14 zure warrant, or other warrant or civil or criminal 

15 process issued by any officer or court of competent 

16 jurisdiction for enforcement of this Act, or any regu17 lation or permit issued under this Act; and 

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

19 paragraph (1), with or without a warrant, as author20 ized by law. 

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

22 ‘‘(1) IN GENERAL.—Any R.M.S. Titanic prop23 erty, or other property seized pursuant to subsection 

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

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1 land Security pending disposition of civil or criminal 

2 proceedings, administrative forfeiture proceedings, 

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

4 property or other property pursuant to this section, 

5 or criminal forfeiture proceedings pursuant to this 

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

7 28, United States Code. 

8 ‘‘(2) EXCEPTION.—Instead of holding the prop9 erty described in paragraph (1), the Secretary of 

10 Commerce or the Secretary of Homeland Security 

11 may permit the owner or consignee of such property 

12 to post a bond or other surety satisfactory to the 

13 Secretary of Commerce or the Secretary of Home14 land Security. 

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

16 following property shall be subject to forfeiture to the 

17 United States: 

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

19 taken, retained, purchased, sold, bartered, imported, 

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

21 any regulation or permit issued under this Act. 

22 ‘‘(2) Any property, real or personal, that con23 stitutes, or is derived from, the proceeds of any vio24 lation of this Act, or any regulation or permit issued 

25 under this Act. 

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1 ‘‘(3) Any vessel (including the vessel’s gear, ap2 purtenances, stores, and cargo), vehicle, aircraft, or 

3 other means of transportation and any money or 

4 other property used or intended to be used to facili5 tate any violation of this Act, or any regulation or 

6 permit issued under this Act. 

7 ‘‘(4) Any property traceable to the property de8 scribed in paragraph (1), (2), or (3). 

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

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

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

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

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

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

15 under this Act. 

16 ‘‘(f) FINAL DISPOSITION OF PROPERTY.—Upon for17 feiture of any R.M.S. Titanic property or other property 

18 to the United States pursuant to this section, or the aban19 donment or waiver of any claim to any such property, the 

20 property shall be disposed of by the Secretary of Com21 merce in such a manner, consistent with the purposes of 

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

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

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

25 property ordered forfeited to the United States shall be 

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

2 the public and disposed of in a manner consistent with 

3 the purposes of this Act. Forfeited R.M.S. Titanic prop4 erty that does not constitute a collection may not be sold, 

5 but may be assimilated with an existing collection. 

6 ‘‘(g) CIVIL FORFEITURES.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), the provisions of chapter 46 of title 18, 

9 United States Code, relating to civil forfeitures shall 

10 extend to any seizure or administrative or civil judi11 cial forfeiture under this section to the extent that 

12 such provisions are not inconsistent with this Act. 

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

14 imposed upon the Attorney General, the Secretary of 

15 the Treasury, or the Postmaster General shall be 

16 performed with respect to seizures and forfeitures of 

17 property under this section by such officers, agents, 

18 or other persons as may be authorized or designated 

19 for that purpose by the Secretary of Commerce or 

20 the Secretary of Homeland Security, as appropriate. 

21 ‘‘(h) CRIMINAL FORFEITURES.— 

22 ‘‘(1) IN GENERAL.—Any person who is con23 victed of an offense under section 10 shall forfeit 

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1 tion, as authorized by section 2461(c) of title 28, 

2 United States Code. 

3 ‘‘(2) PROCEDURES.—The procedures under sec4 tion 413 of the Controlled Substances Act (21 

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

6 insofar as such provisions are not inconsistent with 

7 this Act, shall apply to— 

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

9 property under this section, including any sei10 zure and disposition of such property; and 

11 ‘‘(B) any administrative or judicial pro12 ceeding in relation to such forfeiture. 

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

14 ‘‘(a) IN GENERAL.—Notwithstanding any other pro15 vision of law, any monies collected under sections 8, 9, 

16 10, and 11, either directly or through the sale of forfeited 

17 property, after payment of related expenses— 

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

19 special accounts of the Department of the Treasury; 

20 and 

21 ‘‘(2) shall be used by the Secretary of Com22 merce for— 

23 ‘‘(A) conservation of Titanic artifacts re24 covered pursuant to an enforcement action; 

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1 ‘‘(B) conservation of any Titanic collection 

2 of lawfully salvaged artifacts; or 

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

4 National Marine Sanctuary artifacts at The 

5 Mariners’ Museum. 

6 ‘‘(b) DISPOSITION OF EXCESS FUNDS.—If the pro7 ceeds from an enforcement action exceed the amount of 

8 funds needed for the conservation of artifacts from that 

9 case, the Titanic collection, and the Monitor collection, 

10 such excess amount shall be deposited in the General 

11 Fund of the Treasury. 

12 ‘‘SEC. 13. INTERNATIONAL COOPERATION. 

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

14 with the Secretary of State, the Secretary of Commerce 

15 is authorized to inform and consult with representatives 

16 of foreign nations and others regarding the protection and 

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

18 issuance of permits pursuant to section 7. 

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

20 party to the International Agreement issues a permit, pur21 suant to its laws, allowing for the recovery of R.M.S. Ti22 tanic property, the Secretary of State may consult with 

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

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

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

2 recovered to an existing collection. 

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

4 GRANT FUNDS. 

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

6 may, as appropriate, enter into agreements with any per7 son to use the personnel, services, equipment, or facilities 

8 of such person, on a reimbursable or nonreimbursable 

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

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

11 Secretary of Commerce— 

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

13 notwithstanding any other provision of law that pro14 hibits a Federal agency from receiving assistance, 

15 may apply for, accept, and obligate research grant 

16 funding from any Federal source operating competi17 tive grant programs if such funding furthers the 

18 purposes of this Act; 

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

20 grant funding under paragraph (1) if— 

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

22 to award grants to Federal agencies; or 

23 ‘‘(B) the grant will be used for any pur24 poses, or will be subject to any conditions, that 

25 are prohibited by law or regulation; 

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

2 purpose of this Act to satisfy a requirement to 

3 match grant funds with recipient agency funds, ex4 cept that no grant may be accepted that requires a 

5 commitment before such amounts are appropriated; 

6 and 

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

8 Oceanic and Atmospheric Administration account 

9 that serves to accomplish the purpose for which the 

10 grant was awarded. 

11 ‘‘SEC. 15. MONITORING AUTHORIZATION. 

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

13 Secretary of Commerce may— 

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

15 and 

16 ‘‘(2) conduct such monitoring in coordination 

17 with the personnel, services, and facilities of other 

18 Federal departments, agencies, or instrumentalities 

19 on a reimbursable or nonreimbursable basis. 

20 ‘‘SEC. 16. RULEMAKING. 

21 ‘‘The Secretary of Commerce is authorized to promul22 gate regulations to implement this Act, including, as nec23 essary, regulations providing for the issuance of permits 

24 under section 7. Such regulations shall be consistent with 

25 the International Agreement and Rules. 

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

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

3 4289 of the Revised Statutes of the United States or sec4 tion 3 of the Act of February 13, 1893, shall limit the 

5 liability of any person under this Act. 

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

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

8 and forfeiture of property, including R.M.S. Titanic prop9 erty, under the customs laws of the United States, or the 

10 issuance of penalties under such laws. 

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

12 any implementing regulations shall be applied in accord13 ance with applicable law, including treaties, conventions, 

14 and other international agreements to which the United 

15 States is a party. 

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

17 extent that an activity is undertaken as a subterfuge for 

18 activities prohibited under this Act, nothing in this Act 

19 is intended to affect the exercise of traditional freedoms 

20 of the high seas, including— 

21 ‘‘(1) navigation; 

22 ‘‘(2) the laying of submarine cables and pipe23 lines; 

24 ‘‘(3) operation of vessels; 

25 ‘‘(4) fishing; or 

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

2 related to such freedoms. 

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

4 severable. If a court of competent jurisdiction should find 

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

6 provisions shall remain in full force and effect. 

7 ‘‘(f) SALVAGE RIGHTS.— 

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

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

10 of competent jurisdiction prior to the effective date 

11 of this Act shall not exempt any person from com12 plying with this Act or any regulation or permit 

13 issued under this Act. 

14 ‘‘(2) PERMIT ISSUANCE.—If a person with ex15 clusive salvage rights to the R.M.S. Titanic seeks a 

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

17 permit shall not be unreasonably withheld. 

18 ‘‘(3) LIMITATION ON OBTAINING SALVAGE

19 RIGHTS.—Without prejudice to the orders of a 

20 United States Court of competent jurisdiction, 

21 issued in reference to the entity known as ‘RMS Ti22 tanic, Inc.’, prior to the effective date of this legisla23 tion (the status of such orders to be unaffected by 

24 this legislation), no person may obtain salvage rights 

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

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1 the effective date of this Act, except by an assign2 ment or transfer of existing rights or through the 

3 orders of a United States Court of competent juris4 diction issued in reference to the entity known as 

5 ‘RMS Titanic, Inc.’. 

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

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

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

9 shall be managed and maintained in accordance with the 

10 Rules. 

11 ‘‘SEC. 18. VALID EXCLUSIVE RIGHT TO SALVAGE R.M.S. TI12 TANIC. 

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

14 construed as terminating, or granting to the Secretary of 

15 Commerce the right to terminate, any valid exclusive right 

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

17 date of enactment. 

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

19 The exercise of the exclusive right to salvage R.M.S. Ti20 tanic is subject to regulation by the Secretary of Com21 merce consistent with the provisions of this Act. 

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

2 PLAN. 

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

4 Commerce is authorized to establish the Titanic Advisory 

5 Council. 

6 ‘‘(b) EXEMPTION FROM FACA.—The Titanic Advi7 sory Council shall be exempt from the Federal Advisory 

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

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

10 Advisory Council shall consist of— 

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

12 of the National Oceanic and Atmospheric Adminis13 tration; 

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

15 the National Park Service; 

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

17 State; 

18 ‘‘(4)(A) a member from the Woods Hole Ocean19 ographic Institution designated by the head of the 

20 Institution; or 

21 ‘‘(B) in the event that the head of such Institu22 tion is unable or declines to make a designation 

23 under subparagraph (A), a member of another lead24 ing marine research institution that is selected by 

25 the Secretary of Commerce from a list recommended 

26 by the Titanic Advisory Council; 

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1 ‘‘(5) a member designated by the current sal2 vor-in-possession of the R.M.S. Titanic, or any suc3 cessor, as determined pursuant to section 17(h); 

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

5 person that holds a collection; and 

6 ‘‘(7) 2 members of the public who— 

7 ‘‘(A) have expertise in nautical archaeology 

8 or underwater cultural heritage; 

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

10 Commerce from a list of recommended can11 didates prepared by the other members of the 

12 Titanic Advisory Council, with at least 5 mem13 bers concurring in the recommendation; and 

14 ‘‘(C) may be a person from a foreign gov15 ernment, institution, or corporation. 

16 ‘‘(d) CONDUCT OF BUSINESS.— 

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

18 may meet and conduct business if there is a quorum 

19 of at least 5 members. 

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

21 Advisory Council may meet and conduct business 

22 prior to the appointment of the members described 

23 in subsection (c)(7). 

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

2 of the Titanic Advisory Council who is not employed by 

3 the Federal Government may not— 

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

5 service on the Titanic Advisory Council; and 

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

7 Government by reason of any service to the Titanic 

8 Advisory Council. 

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

10 advise and make recommendations to the Secretary of 

11 Commerce regarding— 

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

13 Titanic property and conservation and curation of 

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

15 manner consistent with this Act, the International 

16 Agreement, and the promotion of knowledge of and 

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

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

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

20 evaluations of such plan as described in paragraph 

21 (3) of such subsection. 

22 ‘‘(g) SITE MANAGEMENT PLAN.— 

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

24 2 years after the date the Titanic Advisory Council 

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1 tions under subsection (f)(2), the Secretary shall 

2 prepare a long-term site management plan for 

3 R.M.S. Titanic that— 

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

5 ensures best practices are observed in the pro6 tection and preservation of the wreck site and 

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

8 a manner consistent with the International 

9 Agreement and the Rules; and 

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

11 gathered from previous expeditions to the site, 

12 previous experience with handling R.M.S. Ti13 tanic artifacts as well as other relevant informa14 tion, and data and experience from other wreck 

15 sites. 

16 ‘‘(2) PUBLIC AVAILABILITY.—The site manage17 ment plan prepared under paragraph (1) shall be 

18 made available to the public for notice and comment 

19 prior to its adoption by the Secretary of Commerce. 

20 ‘‘(3) PERIODIC EVALUATIONS AND AMEND21 MENT.—The Titanic Advisory Council shall periodi22 cally evaluate and provide advice and recommenda23 tions to the Secretary of Commerce for the amend24 ment of the site management plan prepared under 

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1 paragraph (1) and the Secretary of Commerce may 

2 amend such plan as necessary and appropriate. 

3 ‘‘SEC. 20. STATUTE OF LIMITATIONS. 

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

5 prosecution may be commenced, by the United States to 

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

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

8 which— 

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

10 offense are known by the Secretary of Commerce; 

11 and 

12 ‘‘(2) jurisdiction can be exercised over the de13 fendant.’’. 

14 SEC. 5. EFFECTIVE DATE. 

15 The amendments made by this Act shall take effect 

16 on the date of the enactment of this Act. 

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Calendar No. 550 

112TH CONGRESS 

2D SESSION S. 2279 

A BILL 

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

other purposes. the R.M.S. Titanic and its wreck site, and for Act of 1986 to provide additional protection for 

NOVEMBER 14, 2012 

Reported without amendment 

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