[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 4146'00.036588" N, 04953'09.391344"
W (Northeast corner); 4146'00.036588" N, 04959'51.08136" W
(Northwest corner); 4141'00.24864" N, 04953'09.391344" W
(Southeast corner); 4141'00.24864" N, 04959'51.08136" W
(Southwest corner) shall, through its owner or agent, provide
prior written notice of the timing and purpose of such intended
entry to the Secretary of Commerce in a manner sufficient to
allow the Secretary to determine whether a permit is required
and whether a permit should be granted.
(d) Terms and Conditions.--Any permit issued by the Secretary
of Commerce under this section shall contain terms and
conditions that fully comply with the Rules.
(e) Fees.--The Secretary of Commerce may charge and retain
reasonable fees to offset expenses associated with the
processing of permit applications and the administration of
permits issued under this section. Fees collected under this
subsection shall be available to cover such costs without
further appropriation and shall remain available until
expended.
(f) Deadlines.--
(1) In general.--Except as provided under paragraph
(2), the Secretary of Commerce shall act on an
application for a permit under this section not later
than 180 days after the date on which the Secretary has
determined that the application contains sufficient
information for the Secretary to make a decision on the
application.
(2) Additional time.--If the Secretary is unable to
comply with the deadline under paragraph (1), the
Secretary shall provide the applicant with written
notification that up to an additional 30 days will be
needed to complete the review. Under no circumstances
may a complete application remain pending for more than
210 days.
(3) Rulemaking.--The Secretary shall promulgate
regulations to--
(A) identify the scientific, technical,
logistical, or other documentation or
justification required for the Secretary to
make a decision on the application for permit;
and
(B) ensure the confidentiality of proprietary
information and data submitted under this
section.
SEC. 8. LIABILITY.
(a) Liability to the United States.--Any person who engages
in an activity prohibited under section 6 is liable for
response costs, direct and indirect enforcement costs, and any
damages resulting from such activity, including--
(1) the reasonable costs incurred in storage,
restoration, care, maintenance, conservation, and
curation of R.M.S. Titanic property; and
(2) the cost of retrieving any remaining information
of a scientific, archeological, cultural, or historical
interest from the site at which R.M.S. Titanic property
was disturbed, removed, or injured.
(b) Liability in Rem.--Any vessel (including the vessel's
gear, appurtenances, stores, and cargo), vehicle, aircraft, or
other means of transportation, and any money or property used,
or intended to be used, to facilitate any violation of this Act
or any regulation or permit issued under this Act, shall be
liable in rem to the United States for any fine, penalty, or
damages assessed or imposed under this Act. The amount of such
in rem liability shall constitute a lien and may be recovered
in an action in rem in an appropriate district court of the
United States.
SEC. 9. CIVIL ENFORCEMENT.
(a) Permit Sanction and Civil Administrative Penalty.--
(1) In general.--Any person who violates any
provision of this Act, or any regulation or permit
issued under this Act--
(A) may be subject to a permit sanction; and
(B) may be assessed a civil administrative
penalty by the Secretary of Commerce after
notice and an opportunity for a hearing.
(2) Amount of penalty.--A penalty assessed under
paragraph (1)(B) may not exceed $250,000 per day for
each such violation. Each day of a continuing violation
shall constitute a separate violation.
(3) Enforcement of penalty.--Upon failure of the
offending party to pay a penalty under this subsection,
the Attorney General, upon the request of the Secretary
of Commerce, may commence an action in the appropriate
district court of the United States to recover such
penalty. In such action, the validity and
appropriateness of the final order imposing the civil
administrative penalty shall not be subject to review.
(b) Civil Judicial Penalty.--
(1) In general.--Any person who violates any
provision of this Act, or any regulation or permit
issued under this Act, shall be subject to a civil
penalty not to exceed $500,000 per day for each such
violation. Each day of a continuing violation shall
constitute a separate violation.
(2) Enforcement of penalty.--Upon the request of the
Secretary of Commerce, the Attorney General may
commence a civil action in an appropriate district
court of the United States. Such court shall have
jurisdiction to award civil penalties. In determining
the amount of a civil penalty, the court may consider
such matters as justice may require.
(c) Civil Action.--Upon the request of the Secretary of
Commerce, acting as trustee for R.M.S. Titanic property, the
Attorney General may institute a civil action in an appropriate
district court of the United States to--
(1) recover response costs, direct and indirect
enforcement costs, and damages as set forth in section
8; or
(2) obtain a court order directing any person in
possession of R.M.S. Titanic property unlawfully
obtained to deliver such R.M.S. Titanic property to the
Secretary of Commerce.
(d) In Rem Action.--Upon the request of the Secretary of
Commerce, acting as trustee for R.M.S. Titanic property, the
Attorney General may institute an in rem action in an
appropriate district court of the United States to--
(1) satisfy a lien referred to in section 8 in an
appropriate district court of the United States; or
(2) assume custody of R.M.S. Titanic property
unlawfully possessed as a result of a violation of this
Act, or any regulation or permit issued under this Act.
(e) Injunctive Relief.--Upon the request of the Secretary of
Commerce, the Attorney General may seek to obtain such relief
in an appropriate district court of the United States as may be
necessary to abate an imminent risk of--
(1) the disturbance to, removal of, or injury to
R.M.S. Titanic property; or
(2) the sale, purchase, barter, import, or export in
interstate or foreign commerce of R.M.S. Titanic
property.
SEC. 10. CRIMINAL ENFORCEMENT.
(a) In General.--Any person who knowingly commits any act
prohibited under section 6 is guilty of an offense under this
Act.
(b) Penalty.--Any person who is convicted of an offense under
this section shall be fined not more than $250,000 per day of
violation, imprisoned for not more than 5 years, or both.
SEC. 11. SEIZURE AND FORFEITURE.
(a) Authorization.--The provisions of this Act may be
enforced by the Secretary of Commerce and the Secretary of
Homeland Security, or their respective designees.
(b) Detention and Arrest.--Any person authorized by the
Secretary of Commerce or the Secretary of Homeland Security to
enforce this Act may--
(1) detain for inspection and inspect any package,
crate, or other container, including its contents, and
all accompanying documents, upon importation or
exportation and otherwise as permitted by law;
(2) make arrests without a warrant for any violation
of this Act if the authorized person has reasonable
grounds to believe that the person to be arrested is
committing the violation in their presence or view;
(3) execute and serve any arrest warrant, seizure
warrant, or other warrant or civil or criminal process
issued by any officer or court of competent
jurisdiction for enforcement of this Act, or any
regulation or permit issued under this Act; and
(4) search and seize property described in paragraph
(1), with or without a warrant, as authorized by law.
(c) Temporary Disposition of Property.--
(1) In general.--Any R.M.S. Titanic property, or
other property seized pursuant to subsection (b)(4),
shall be held by any person authorized by the Secretary
of Commerce or the Secretary of Homeland Security
pending disposition of civil or criminal proceedings,
administrative forfeiture proceedings, actions in rem
for forfeiture of such R.M.S. Titanic property or other
property pursuant to this section, or criminal
forfeiture proceedings pursuant to this section, as
authorized under section 2461(c) of title 28, United
States Code.
(2) Exception.--Instead of holding the property
described in paragraph (1), the Secretary of Commerce
or the Secretary of Homeland Security may permit the
owner or consignee of such property to post a bond or
other surety satisfactory to the Secretary of Commerce
or the Secretary of Homeland Security.
(d) Property Subject to Forfeiture.--The following property
shall be subject to forfeiture to the United States:
(1) Any R.M.S. Titanic property possessed, taken,
retained, purchased, sold, bartered, imported, or
exported contrary to the provisions of this Act, or any
regulation or permit issued under this Act.
(2) Any property, real or personal, that constitutes,
or is derived from, the proceeds of any violation of
this Act, or any regulation or permit issued under this
Act.
(3) Any vessel (including the vessel's gear,
appurtenances, stores, and cargo), vehicle, aircraft,
or other means of transportation and any money or other
property used or intended to be used to facilitate any
violation of this Act, or any regulation or permit
issued under this Act.
(4) Any property traceable to the property described
in paragraph (1), (2), or (3).
(e) Rebuttable Presumption.--In this section, there is a
rebuttable presumption that all R.M.S. Titanic property found
on board a vessel that is used or seized in connection with a
violation of this Act, or any regulation or permit issued under
this Act, was taken or retained in violation of this Act, or a
regulation or permit issued under this Act.
(f) Final Disposition of Property.--Upon forfeiture of any
R.M.S. Titanic property or other property to the United States
pursuant to this section, or the abandonment or waiver of any
claim to any such property, the property shall be disposed of
by the Secretary of Commerce in such a manner, consistent with
the purposes of this Act, as the Secretary shall prescribe by
regulation, including the possibility of assimilating R.M.S.
Titanic property with an existing collection. Any R.M.S.
Titanic property ordered forfeited to the United States shall
be held in trust by the Secretary of Commerce on behalf of the
public and disposed of in a manner consistent with the purposes
of this Act. Forfeited R.M.S. Titanic property that does not
constitute a collection may not be sold, but may be assimilated
with an existing collection.
(g) Civil Forfeitures.--
(1) In general.--Except as provided in paragraph (2),
the provisions of chapter 46 of title 18, United States
Code, relating to civil forfeitures shall extend to any
seizure or administrative or civil judicial forfeiture
under this section to the extent that such provisions
are not inconsistent with this Act.
(2) Performance of duties.--Any duties imposed upon
the Attorney General, the Secretary of the Treasury, or
the Postmaster General shall be performed with respect
to seizures and forfeitures of property under this
section by such officers, agents, or other persons as
may be authorized or designated for that purpose by the
Secretary of Commerce or the Secretary of Homeland
Security, as appropriate.
(h) Criminal Forfeitures.--
(1) In general.--Any person who is convicted of an
offense under section 10 shall forfeit property to the
United States pursuant to this section, as authorized
by section 2461(c) of title 28, United States Code.
(2) Procedures.--The procedures under section 413 of
the Controlled Substances Act (21 U.S.C. 853) (except
subsection (d) of such section), insofar as such
provisions are not inconsistent with this Act, shall
apply to--
(A) all stages of a criminal forfeiture of
property under this section, including any
seizure and disposition of such property; and
(B) any administrative or judicial proceeding
in relation to such forfeiture.
SEC. 12. DISPOSITION OF MONIES RECOVERED.
(a) In General.--Notwithstanding any other provision of law,
any monies collected under sections 8, 9, 10, and 11, either
directly or through the sale of forfeited property, after
payment of related expenses--
(1) are authorized to be paid into 1 or more special
accounts of the Department of the Treasury; and
(2) shall be used by the Secretary of Commerce for--
(A) conservation of Titanic artifacts
recovered pursuant to an enforcement action;
(B) conservation of any Titanic collection of
lawfully salvaged artifacts; or
(C) the collection of the USS Monitor
National Marine Sanctuary artifacts at The
Mariners' Museum.
(b) Disposition of Excess Funds.--If the proceeds from an
enforcement action exceed the amount of funds needed for the
conservation of artifacts from that case, the Titanic
collection, and the Monitor collection, such excess amount
shall be deposited in the General Fund of the Treasury.
SEC. 13. INTERNATIONAL COOPERATION.
(a) Secretary of Commerce.--In cooperation with the Secretary
of State, the Secretary of Commerce is authorized to inform and
consult with representatives of foreign nations and others
regarding the protection and preservation of R.M.S. Titanic
property, including the issuance of permits pursuant to section
7.
(b) Secretary of State.--In the event that a party to the
International Agreement issues a permit, pursuant to its laws,
allowing for the recovery of R.M.S. Titanic property, the
Secretary of State may consult with that party to request that
existing salvor-in-possession rights to R.M.S. Titanic are
respected and that there is consideration of assimilating any
R.M.S. Titanic property recovered to an existing collection.
SEC. 14. AGREEMENTS AND AUTHORITY TO UTILIZE GRANT FUNDS.
(a) Agreements.--The Secretary of Commerce may, as
appropriate, enter into agreements with any person to use the
personnel, services, equipment, or facilities of such person,
on a reimbursable or nonreimbursable basis, to assist in
carrying out the purposes of this Act.
(b) Authority To Utilize Grant Funds.--The Secretary of
Commerce--
(1) except as provided in paragraph (2), and
notwithstanding any other provision of law that
prohibits a Federal agency from receiving assistance,
may apply for, accept, and obligate research grant
funding from any Federal source operating competitive
grant programs if such funding furthers the purposes of
this Act;
(2) may not apply for, accept, or obligate any grant
funding under paragraph (1) if--
(A) the granting agency is not authorized to
award grants to Federal agencies; or
(B) the grant will be used for any purposes,
or will be subject to any conditions, that are
prohibited by law or regulation;
(3) may use amounts appropriated for the purpose of
this Act to satisfy a requirement to match grant funds
with recipient agency funds, except that no grant may
be accepted that requires a commitment before such
amounts are appropriated; and
(4) shall deposit grant funds in the National Oceanic
and Atmospheric Administration account that serves to
accomplish the purpose for which the grant was awarded.
SEC. 15. MONITORING AUTHORIZATION.
In order to carry out the purposes of this Act, the Secretary
of Commerce may--
(1) monitor the wreck site of R.M.S. Titanic; and
(2) conduct such monitoring in coordination with the
personnel, services, and facilities of other Federal
departments, agencies, or instrumentalities on a
reimbursable or nonreimbursable basis.
SEC. 16. RULEMAKING.
The Secretary of Commerce is authorized to promulgate
regulations to implement this Act, including, as necessary,
regulations providing for the issuance of permits under section
7. Such regulations shall be consistent with the International
Agreement and Rules.
SEC. 17. RELATIONSHIP TO OTHER LAWS.
(a) Liability.--Nothing in sections 4281 through 4289 of the
Revised Statutes of the United States or section 3 of the Act
of February 13, 1893, shall limit the liability of any person
under this Act.
(b) Seizure and Forfeiture of Property.--Nothing in this Act
may be construed to affect the seizure and forfeiture of
property, including R.M.S. Titanic property, under the customs
laws of the United States, or the issuance of penalties under
such laws.
(c) International Agreements.--This Act and any implementing
regulations shall be applied in accordance with applicable law,
including treaties, conventions, and other international
agreements to which the United States is a party.
(d) Freedoms of the High Seas.--Except to the extent that an
activity is undertaken as a subterfuge for activities
prohibited under this Act, nothing in this Act is intended to
affect the exercise of traditional freedoms of the high seas,
including--
(1) navigation;
(2) the laying of submarine cables and pipelines;
(3) operation of vessels;
(4) fishing; or
(5) other internationally lawful uses of the sea
related to such freedoms.
(e) Severability.--Each provision of this Act is severable.
If a court of competent jurisdiction should find any provision
of this Act to be unenforceable, all other provisions shall
remain in full force and effect.
(f) Salvage Rights.--
(1) Compliance with this act.--An order granting
salvage rights to R.M.S. Titanic by a court of
competent jurisdiction prior to the effective date of
this Act shall not exempt any person from complying
with this Act or any regulation or permit issued under
this Act.
(2) Permit issuance.--If a person with exclusive
salvage rights to the R.M.S. Titanic seeks a permit
issued under section 7 of this Act, such a permit shall
not be unreasonably withheld.
(3) Limitation on obtaining salvage rights.--Without
prejudice to the orders of a United States Court of
competent jurisdiction, issued in reference to the
entity known as `RMS Titanic, Inc.', prior to the
effective date of this legislation (the status of such
orders to be unaffected by this legislation), no person
may obtain salvage rights to R.M.S. Titanic or R.M.S.
Titanic property, after the effective date of this Act,
except by an assignment or transfer of existing rights
or through the orders of a United States Court of
competent jurisdiction issued in reference to the
entity known as `RMS Titanic, Inc.'.
(g) Law of Finds.--The law of finds shall not apply to R.M.S.
Titanic or R.M.S. Titanic property.
(h) Collection Management.--Each collection shall be managed
and maintained in accordance with the Rules.
SEC. 18. VALID EXCLUSIVE RIGHT TO SALVAGE R.M.S. TITANIC.
(a) Construction.--Nothing in this Act shall be construed as
terminating, or granting to the Secretary of Commerce the right
to terminate, any valid exclusive right to salvage the R.M.S.
Titanic that is in existence on the date of enactment.
(b) Regulation by Secretary of Commerce.--The exercise of the
exclusive right to salvage R.M.S. Titanic is subject to
regulation by the Secretary of Commerce consistent with the
provisions of this Act.
SEC. 19. TITANIC ADVISORY COUNCIL; SITE MANAGEMENT PLAN.
(a) Authority To Establish.--The Secretary of Commerce is
authorized to establish the Titanic Advisory Council.
(b) Exemption From FACA.--The Titanic Advisory Council shall
be exempt from the Federal Advisory Committee Act (5 U.S.C.
App.).
(c) Membership.--The membership of the Titanic Advisory
Council shall consist of--
(1) a member designated by the Administrator of the
National Oceanic and Atmospheric Administration;
(2) a member designated by the Director of the
National Park Service;
(3) a member designated by the Secretary of State;
(4)(A) a member from the Woods Hole Oceanographic
Institution designated by the head of the Institution;
or
(B) in the event that the head of such Institution is
unable or declines to make a designation under
subparagraph (A), a member of another leading marine
research institution that is selected by the Secretary
of Commerce from a list recommended by the Titanic
Advisory Council;
(5) a member designated by the current salvor-in-
possession of the R.M.S. Titanic, or any successor, as
determined pursuant to section 17(h);
(6) a member designated by any United States person
that holds a collection; and
(7) 2 members of the public who--
(A) have expertise in nautical archaeology or
underwater cultural heritage;
(B) are appointed by the Secretary of
Commerce from a list of recommended candidates
prepared by the other members of the Titanic
Advisory Council, with at least 5 members
concurring in the recommendation; and
(C) may be a person from a foreign
government, institution, or corporation.
(d) Conduct of Business.--
(1) Quorum.--The Titanic Advisory Council may meet
and conduct business if there is a quorum of at least 5
members.
(2) Prior to appointment.--The Titanic Advisory
Council may meet and conduct business prior to the
appointment of the members described in subsection
(c)(7).
(e) Prohibition on Compensation.--A member of the Titanic
Advisory Council who is not employed by the Federal Government
may not--
(1) receive pay by reason of the member's service on
the Titanic Advisory Council; and
(2) be considered an employee of the Federal
Government by reason of any service to the Titanic
Advisory Council.
(f) Duties.--The Titanic Advisory Council shall advise and
make recommendations to the Secretary of Commerce regarding--
(1) the protection and preservation of R.M.S. Titanic
property and conservation and curation of artifacts
recovered from the R.M.S. Titanic in a manner
consistent with this Act, the International Agreement,
and the promotion of knowledge of and education about
the R.M.S. Titanic; and
(2) the site management plan required by paragraph
(1) of subsection (g), including periodic evaluations
of such plan as described in paragraph (3) of such
subsection.
(g) Site Management Plan.--
(1) Requirement for plan.--Not later than 2 years
after the date the Titanic Advisory Council provides
the Secretary of Commerce recommendations under
subsection (f)(2), the Secretary shall prepare a long-
term site management plan for R.M.S. Titanic that--
(A) includes an archaeological plan, that
ensures best practices are observed in the
protection and preservation of the wreck site
and artifacts recovered from the R.M.S.
Titanic, in a manner consistent with the
International Agreement and the Rules; and
(B) is based on information and data gathered
from previous expeditions to the site, previous
experience with handling R.M.S. Titanic
artifacts as well as other relevant
information, and data and experience from other
wreck sites.
(2) Public availability.--The site management plan
prepared under paragraph (1) shall be made available to
the public for notice and comment prior to its adoption
by the Secretary of Commerce.
(3) Periodic evaluations and amendment.--The Titanic
Advisory Council shall periodically evaluate and
provide advice and recommendations to the Secretary of
Commerce for the amendment of the site management plan
prepared under paragraph (1) and the Secretary of
Commerce may amend such plan as necessary and
appropriate.
SEC. 20. STATUTE OF LIMITATIONS.
No civil action may be brought, and no criminal prosecution
may be commenced, by the United States to enforce this Act, or
any regulation or permit issued under this Act, after the date
that is 8 years after the date on which--
(1) all facts material to the right of action or
offense are known by the Secretary of Commerce; and
(2) jurisdiction can be exercised over the defendant.
SEC. [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.