[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2279 Reported in Senate (RS)]

                                                       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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``R.M.S. Titanic Maritime Memorial 
Preservation Act of 2012''.

SEC. 2. FINDINGS AND PURPOSES.

    Section 2 of the R.M.S. Titanic Maritime Memorial Act of 1986 (16 
U.S.C. 450rr) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``should be 
                designated'' and inserting ``is recognized'';
                    (B) in paragraph (2), by striking ``recent'';
                    (C) in paragraph (3), by striking ``and'' at the 
                end;
                    (D) in paragraph (4), by striking the period at the 
                end and inserting a semicolon; and
                    (E) by adding after paragraph (4) the following:
            ``(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.''; and
            (2) by amending subsection (b) to read as follows:
    ``(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.

    Section 3 of the R.M.S. Titanic Maritime Memorial Act of 1986 (16 
U.S.C. 450rr-1) is amended to read as follows:

``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. 4. IMPLEMENTATION OF THE INTERNATIONAL AGREEMENT.

    The R.M.S. Titanic Maritime Memorial Act of 1986 (16 U.S.C. 450rr 
et seq.) is amended--
            (1) by striking sections 5, 6, and 7;
            (2) by redesignating section 8 as section 21; and
            (3) by inserting after section 4 the following:

``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. 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. PERMITS.

    ``(a) In General.--The Secretary of Commerce may issue a permit for 
an activity otherwise prohibited under section 6 if the Secretary 
determines that such activity--
            ``(1) is consistent with the International Agreement and 
        Rules; and
            ``(2)(A) furthers educational, scientific, or cultural 
        purposes in the public interest; or
            ``(B) is necessary to protect R.M.S. Titanic property from 
        a significant threat.
    ``(b) Applicability.--This section shall apply to any activities 
directed at R.M.S. Titanic property, including those authorized before 
the effective date of this Act by a court of competent jurisdiction.
    ``(c) Notice.--Any vessel described in paragraph (2) or (3) of 
section 5(a) that intends to stop within the zone located within the 
coordinates of 4146'00.036588" N, 04953'09.391344" W (Northeast 
corner); 4146'00.036588" N, 04959'51.08136" W (Northwest corner); 
4141'00.24864" N, 04953'09.391344" W (Southeast corner); 
4141'00.24864" N, 04959'51.08136" W (Southwest corner) shall, through 
its owner or agent, provide prior written notice of the timing and 
purpose of such intended entry to the Secretary of Commerce in a manner 
sufficient to allow the Secretary to determine whether a permit is 
required and whether a permit should be granted.
    ``(d) Terms and Conditions.--Any permit issued by the Secretary of 
Commerce under this section shall contain terms and conditions that 
fully comply with the Rules.
    ``(e) Fees.--The Secretary of Commerce may charge and retain 
reasonable fees to offset expenses associated with the processing of 
permit applications and the administration of permits issued under this 
section. Fees collected under this subsection shall be available to 
cover such costs without further appropriation and shall remain 
available until expended.
    ``(f) Deadlines.--
            ``(1) In general.--Except as provided under paragraph (2), 
        the Secretary of Commerce shall act on an application for a 
        permit under this section not later than 180 days after the 
        date on which the Secretary has determined that the application 
        contains sufficient information for the Secretary to make a 
        decision on the application.
            ``(2) Additional time.--If the Secretary is unable to 
        comply with the deadline under paragraph (1), the Secretary 
        shall provide the applicant with written notification that up 
        to an additional 30 days will be needed to complete the review. 
        Under no circumstances may a complete application remain 
        pending for more than 210 days.
            ``(3) Rulemaking.--The Secretary shall promulgate 
        regulations to--
                    ``(A) identify the scientific, technical, 
                logistical, or other documentation or justification 
                required for the Secretary to make a decision on the 
                application for permit; and
                    ``(B) ensure the confidentiality of proprietary 
                information and data submitted under this section.

``SEC. 8. LIABILITY.

    ``(a) Liability to the United States.--Any person who engages in an 
activity prohibited under section 6 is liable for response costs, 
direct and indirect enforcement costs, and any damages resulting from 
such activity, including--
            ``(1) the reasonable costs incurred in storage, 
        restoration, care, maintenance, conservation, and curation of 
        R.M.S. Titanic property; and
            ``(2) the cost of retrieving any remaining information of a 
        scientific, archeological, cultural, or historical interest 
        from the site at which R.M.S. Titanic property was disturbed, 
        removed, or injured.
    ``(b) Liability in Rem.--Any vessel (including the vessel's gear, 
appurtenances, stores, and cargo), vehicle, aircraft, or other means of 
transportation, and any money or property used, or intended to be used, 
to facilitate any violation of this Act or any regulation or permit 
issued under this Act, shall be liable in rem to the United States for 
any fine, penalty, or damages assessed or imposed under this Act. The 
amount of such in rem liability shall constitute a lien and may be 
recovered in an action in rem in an appropriate district court of the 
United States.

``SEC. 9. CIVIL ENFORCEMENT.

    ``(a) Permit Sanction and Civil Administrative Penalty.--
            ``(1) In general.--Any person who violates any provision of 
        this Act, or any regulation or permit issued under this Act--
                    ``(A) may be subject to a permit sanction; and
                    ``(B) may be assessed a civil administrative 
                penalty by the Secretary of Commerce after notice and 
                an opportunity for a hearing.
            ``(2) Amount of penalty.--A penalty assessed under 
        paragraph (1)(B) may not exceed $250,000 per day for each such 
        violation. Each day of a continuing violation shall constitute 
        a separate violation.
            ``(3) Enforcement of penalty.--Upon failure of the 
        offending party to pay a penalty under this subsection, the 
        Attorney General, upon the request of the Secretary of 
        Commerce, may commence an action in the appropriate district 
        court of the United States to recover such penalty. In such 
        action, the validity and appropriateness of the final order 
        imposing the civil administrative penalty shall not be subject 
        to review.
    ``(b) Civil Judicial Penalty.--
            ``(1) In general.--Any person who violates any provision of 
        this Act, or any regulation or permit issued under this Act, 
        shall be subject to a civil penalty not to exceed $500,000 per 
        day for each such violation. Each day of a continuing violation 
        shall constitute a separate violation.
            ``(2) Enforcement of penalty.--Upon the request of the 
        Secretary of Commerce, the Attorney General may commence a 
        civil action in an appropriate district court of the United 
        States. Such court shall have jurisdiction to award civil 
        penalties. In determining the amount of a civil penalty, the 
        court may consider such matters as justice may require.
    ``(c) Civil Action.--Upon the request of the Secretary of Commerce, 
acting as trustee for R.M.S. Titanic property, the Attorney General may 
institute a civil action in an appropriate district court of the United 
States to--
            ``(1) recover response costs, direct and indirect 
        enforcement costs, and damages as set forth in section 8; or
            ``(2) obtain a court order directing any person in 
        possession of R.M.S. Titanic property unlawfully obtained to 
        deliver such R.M.S. Titanic property to the Secretary of 
        Commerce.
    ``(d) In Rem Action.--Upon the request of the Secretary of 
Commerce, acting as trustee for R.M.S. Titanic property, the Attorney 
General may institute an in rem action in an appropriate district court 
of the United States to--
            ``(1) satisfy a lien referred to in section 8 in an 
        appropriate district court of the United States; or
            ``(2) assume custody of R.M.S. Titanic property unlawfully 
        possessed as a result of a violation of this Act, or any 
        regulation or permit issued under this Act.
    ``(e) Injunctive Relief.--Upon the request of the Secretary of 
Commerce, the Attorney General may seek to obtain such relief in an 
appropriate district court of the United States as may be necessary to 
abate an imminent risk of--
            ``(1) the disturbance to, removal of, or injury to R.M.S. 
        Titanic property; or
            ``(2) the sale, purchase, barter, import, or export in 
        interstate or foreign commerce of R.M.S. Titanic property.

``SEC. 10. CRIMINAL ENFORCEMENT.

    ``(a) In General.--Any person who knowingly commits any act 
prohibited under section 6 is guilty of an offense under this Act.
    ``(b) Penalty.--Any person who is convicted of an offense under 
this section shall be fined not more than $250,000 per day of 
violation, imprisoned for not more than 5 years, or both.

``SEC. 11. SEIZURE AND FORFEITURE.

    ``(a) Authorization.--The provisions of this Act may be enforced by 
the Secretary of Commerce and the Secretary of Homeland Security, or 
their respective designees.
    ``(b) Detention and Arrest.--Any person authorized by the Secretary 
of Commerce or the Secretary of Homeland Security to enforce this Act 
may--
            ``(1) detain for inspection and inspect any package, crate, 
        or other container, including its contents, and all 
        accompanying documents, upon importation or exportation and 
        otherwise as permitted by law;
            ``(2) make arrests without a warrant for any violation of 
        this Act if the authorized person has reasonable grounds to 
        believe that the person to be arrested is committing the 
        violation in their presence or view;
            ``(3) execute and serve any arrest warrant, seizure 
        warrant, or other warrant or civil or criminal process issued 
        by any officer or court of competent jurisdiction for 
        enforcement of this Act, or any regulation or permit issued 
        under this Act; and
            ``(4) search and seize property described in paragraph (1), 
        with or without a warrant, as authorized by law.
    ``(c) Temporary Disposition of Property.--
            ``(1) In general.--Any R.M.S. Titanic property, or other 
        property seized pursuant to subsection (b)(4), shall be held by 
        any person authorized by the Secretary of Commerce or the 
        Secretary of Homeland Security pending disposition of civil or 
        criminal proceedings, administrative forfeiture proceedings, 
        actions in rem for forfeiture of such R.M.S. Titanic property 
        or other property pursuant to this section, or criminal 
        forfeiture proceedings pursuant to this section, as authorized 
        under section 2461(c) of title 28, United States Code.
            ``(2) Exception.--Instead of holding the property described 
        in paragraph (1), the Secretary of Commerce or the Secretary of 
        Homeland Security may permit the owner or consignee of such 
        property to post a bond or other surety satisfactory to the 
        Secretary of Commerce or the Secretary of Homeland Security.
    ``(d) Property Subject to Forfeiture.--The following property shall 
be subject to forfeiture to the United States:
            ``(1) Any R.M.S. Titanic property possessed, taken, 
        retained, purchased, sold, bartered, imported, or exported 
        contrary to the provisions of this Act, or any regulation or 
        permit issued under this Act.
            ``(2) Any property, real or personal, that constitutes, or 
        is derived from, the proceeds of any violation of this Act, or 
        any regulation or permit issued under this Act.
            ``(3) Any vessel (including the vessel's gear, 
        appurtenances, stores, and cargo), vehicle, aircraft, or other 
        means of transportation and any money or other property used or 
        intended to be used to facilitate any violation of this Act, or 
        any regulation or permit issued under this Act.
            ``(4) Any property traceable to the property described in 
        paragraph (1), (2), or (3).
    ``(e) Rebuttable Presumption.--In this section, there is a 
rebuttable presumption that all R.M.S. Titanic property found on board 
a vessel that is used or seized in connection with a violation of this 
Act, or any regulation or permit issued under this Act, was taken or 
retained in violation of this Act, or a regulation or permit issued 
under this Act.
    ``(f) Final Disposition of Property.--Upon forfeiture of any R.M.S. 
Titanic property or other property to the United States pursuant to 
this section, or the abandonment or waiver of any claim to any such 
property, the property shall be disposed of by the Secretary of 
Commerce in such a manner, consistent with the purposes of this Act, as 
the Secretary shall prescribe by regulation, including the possibility 
of assimilating R.M.S. Titanic property with an existing collection. 
Any R.M.S. Titanic property ordered forfeited to the United States 
shall be held in trust by the Secretary of Commerce on behalf of the 
public and disposed of in a manner consistent with the purposes of this 
Act. Forfeited R.M.S. Titanic property that does not constitute a 
collection may not be sold, but may be assimilated with an existing 
collection.
    ``(g) Civil Forfeitures.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        provisions of chapter 46 of title 18, United States Code, 
        relating to civil forfeitures shall extend to any seizure or 
        administrative or civil judicial forfeiture under this section 
        to the extent that such provisions are not inconsistent with 
        this Act.
            ``(2) Performance of duties.--Any duties imposed upon the 
        Attorney General, the Secretary of the Treasury, or the 
        Postmaster General shall be performed with respect to seizures 
        and forfeitures of property under this section by such 
        officers, agents, or other persons as may be authorized or 
        designated for that purpose by the Secretary of Commerce or the 
        Secretary of Homeland Security, as appropriate.
    ``(h) Criminal Forfeitures.--
            ``(1) In general.--Any person who is convicted of an 
        offense under section 10 shall forfeit property to the United 
        States pursuant to this section, as authorized by section 
        2461(c) of title 28, United States Code.
            ``(2) Procedures.--The procedures under section 413 of the 
        Controlled Substances Act (21 U.S.C. 853) (except subsection 
        (d) of such section), insofar as such provisions are not 
        inconsistent with this Act, shall apply to--
                    ``(A) all stages of a criminal forfeiture of 
                property under this section, including any seizure and 
                disposition of such property; and
                    ``(B) any administrative or judicial proceeding in 
                relation to such forfeiture.

``SEC. 12. DISPOSITION OF MONIES RECOVERED.

    ``(a) In General.--Notwithstanding any other provision of law, any 
monies collected under sections 8, 9, 10, and 11, either directly or 
through the sale of forfeited property, after payment of related 
expenses--
            ``(1) are authorized to be paid into 1 or more special 
        accounts of the Department of the Treasury; and
            ``(2) shall be used by the Secretary of Commerce for--
                    ``(A) conservation of Titanic artifacts recovered 
                pursuant to an enforcement action;
                    ``(B) conservation of any Titanic collection of 
                lawfully salvaged artifacts; or
                    ``(C) the collection of the USS Monitor National 
                Marine Sanctuary artifacts at The Mariners' Museum.
    ``(b) Disposition of Excess Funds.--If the proceeds from an 
enforcement action exceed the amount of funds needed for the 
conservation of artifacts from that case, the Titanic collection, and 
the Monitor collection, such excess amount shall be deposited in the 
General Fund of the Treasury.

``SEC. 13. INTERNATIONAL COOPERATION.

    ``(a) Secretary of Commerce.--In cooperation with the Secretary of 
State, the Secretary of Commerce is authorized to inform and consult 
with representatives of foreign nations and others regarding the 
protection and preservation of R.M.S. Titanic property, including the 
issuance of permits pursuant to section 7.
    ``(b) Secretary of State.--In the event that a party to the 
International Agreement issues a permit, pursuant to its laws, allowing 
for the recovery of R.M.S. Titanic property, the Secretary of State may 
consult with that party to request that existing salvor-in-possession 
rights to R.M.S. Titanic are respected and that there is consideration 
of assimilating any R.M.S. Titanic property recovered to an existing 
collection.

``SEC. 14. AGREEMENTS AND AUTHORITY TO UTILIZE GRANT FUNDS.

    ``(a) Agreements.--The Secretary of Commerce may, as appropriate, 
enter into agreements with any person to use the personnel, services, 
equipment, or facilities of such person, on a reimbursable or 
nonreimbursable basis, to assist in carrying out the purposes of this 
Act.
    ``(b) Authority To Utilize Grant Funds.--The Secretary of 
Commerce--
            ``(1) except as provided in paragraph (2), and 
        notwithstanding any other provision of law that prohibits a 
        Federal agency from receiving assistance, may apply for, 
        accept, and obligate research grant funding from any Federal 
        source operating competitive grant programs if such funding 
        furthers the purposes of this Act;
            ``(2) may not apply for, accept, or obligate any grant 
        funding under paragraph (1) if--
                    ``(A) the granting agency is not authorized to 
                award grants to Federal agencies; or
                    ``(B) the grant will be used for any purposes, or 
                will be subject to any conditions, that are prohibited 
                by law or regulation;
            ``(3) may use amounts appropriated for the purpose of this 
        Act to satisfy a requirement to match grant funds with 
        recipient agency funds, except that no grant may be accepted 
        that requires a commitment before such amounts are 
        appropriated; and
            ``(4) shall deposit grant funds in the National Oceanic and 
        Atmospheric Administration account that serves to accomplish 
        the purpose for which the grant was awarded.

``SEC. 15. MONITORING AUTHORIZATION.

    ``In order to carry out the purposes of this Act, the Secretary of 
Commerce may--
            ``(1) monitor the wreck site of R.M.S. Titanic; and
            ``(2) conduct such monitoring in coordination with the 
        personnel, services, and facilities of other Federal 
        departments, agencies, or instrumentalities on a reimbursable 
        or nonreimbursable basis.

``SEC. 16. RULEMAKING.

    ``The Secretary of Commerce is authorized to promulgate regulations 
to implement this Act, including, as necessary, regulations providing 
for the issuance of permits under section 7. Such regulations shall be 
consistent with the International Agreement and Rules.

``SEC. 17. RELATIONSHIP TO OTHER LAWS.

    ``(a) Liability.--Nothing in sections 4281 through 4289 of the 
Revised Statutes of the United States or section 3 of the Act of 
February 13, 1893, shall limit the liability of any person under this 
Act.
    ``(b) Seizure and Forfeiture of Property.--Nothing in this Act may 
be construed to affect the seizure and forfeiture of property, 
including R.M.S. Titanic property, under the customs laws of the United 
States, or the issuance of penalties under such laws.
    ``(c) International Agreements.--This Act and any implementing 
regulations shall be applied in accordance with applicable law, 
including treaties, conventions, and other international agreements to 
which the United States is a party.
    ``(d) Freedoms of the High Seas.--Except to the extent that an 
activity is undertaken as a subterfuge for activities prohibited under 
this Act, nothing in this Act is intended to affect the exercise of 
traditional freedoms of the high seas, including--
            ``(1) navigation;
            ``(2) the laying of submarine cables and pipelines;
            ``(3) operation of vessels;
            ``(4) fishing; or
            ``(5) other internationally lawful uses of the sea related 
        to such freedoms.
    ``(e) Severability.--Each provision of this Act is severable. If a 
court of competent jurisdiction should find any provision of this Act 
to be unenforceable, all other provisions shall remain in full force 
and effect.
    ``(f) Salvage Rights.--
            ``(1) Compliance with this act.--An order granting salvage 
        rights to R.M.S. Titanic by a court of competent jurisdiction 
        prior to the effective date of this Act shall not exempt any 
        person from complying with this Act or any regulation or permit 
        issued under this Act.
            ``(2) Permit issuance.--If a person with exclusive salvage 
        rights to the R.M.S. Titanic seeks a permit issued under 
        section 7 of this Act, such a permit shall not be unreasonably 
        withheld.
            ``(3) Limitation on obtaining salvage rights.--Without 
        prejudice to the orders of a United States Court of competent 
        jurisdiction, issued in reference to the entity known as `RMS 
        Titanic, Inc.', prior to the effective date of this legislation 
        (the status of such orders to be unaffected by this 
        legislation), no person may obtain salvage rights to R.M.S. 
        Titanic or R.M.S. Titanic property, after the effective date of 
        this Act, except by an assignment or transfer of existing 
        rights or through the orders of a United States Court of 
        competent jurisdiction issued in reference to the entity known 
        as `RMS Titanic, Inc.'.
    ``(g) Law of Finds.--The law of finds shall not apply to R.M.S. 
Titanic or R.M.S. Titanic property.
    ``(h) Collection Management.--Each collection shall be managed and 
maintained in accordance with the Rules.

``SEC. 18. VALID EXCLUSIVE RIGHT TO SALVAGE R.M.S. TITANIC.

    ``(a) Construction.--Nothing in this Act shall be construed as 
terminating, or granting to the Secretary of Commerce the right to 
terminate, any valid exclusive right to salvage the R.M.S. Titanic that 
is in existence on the date of enactment.
    ``(b) Regulation by Secretary of Commerce.--The exercise of the 
exclusive right to salvage R.M.S. Titanic is subject to regulation by 
the Secretary of Commerce consistent with the provisions of this Act.

``SEC. 19. TITANIC ADVISORY COUNCIL; SITE MANAGEMENT PLAN.

    ``(a) Authority To Establish.--The Secretary of Commerce is 
authorized to establish the Titanic Advisory Council.
    ``(b) Exemption From FACA.--The Titanic Advisory Council shall be 
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
    ``(c) Membership.--The membership of the Titanic Advisory Council 
shall consist of--
            ``(1) a member designated by the Administrator of the 
        National Oceanic and Atmospheric Administration;
            ``(2) a member designated by the Director of the National 
        Park Service;
            ``(3) a member designated by the Secretary of State;
            ``(4)(A) a member from the Woods Hole Oceanographic 
        Institution designated by the head of the Institution; or
            ``(B) in the event that the head of such Institution is 
        unable or declines to make a designation under subparagraph 
        (A), a member of another leading marine research institution 
        that is selected by the Secretary of Commerce from a list 
        recommended by the Titanic Advisory Council;
            ``(5) a member designated by the current salvor-in-
        possession of the R.M.S. Titanic, or any successor, as 
        determined pursuant to section 17(h);
            ``(6) a member designated by any United States person that 
        holds a collection; and
            ``(7) 2 members of the public who--
                    ``(A) have expertise in nautical archaeology or 
                underwater cultural heritage;
                    ``(B) are appointed by the Secretary of Commerce 
                from a list of recommended candidates prepared by the 
                other members of the Titanic Advisory Council, with at 
                least 5 members concurring in the recommendation; and
                    ``(C) may be a person from a foreign government, 
                institution, or corporation.
    ``(d) Conduct of Business.--
            ``(1) Quorum.--The Titanic Advisory Council may meet and 
        conduct business if there is a quorum of at least 5 members.
            ``(2) Prior to appointment.--The Titanic Advisory Council 
        may meet and conduct business prior to the appointment of the 
        members described in subsection (c)(7).
    ``(e) Prohibition on Compensation.--A member of the Titanic 
Advisory Council who is not employed by the Federal Government may 
not--
            ``(1) receive pay by reason of the member's service on the 
        Titanic Advisory Council; and
            ``(2) be considered an employee of the Federal Government 
        by reason of any service to the Titanic Advisory Council.
    ``(f) Duties.--The Titanic Advisory Council shall advise and make 
recommendations to the Secretary of Commerce regarding--
            ``(1) the protection and preservation of R.M.S. Titanic 
        property and conservation and curation of artifacts recovered 
        from the R.M.S. Titanic in a manner consistent with this Act, 
        the International Agreement, and the promotion of knowledge of 
        and education about the R.M.S. Titanic; and
            ``(2) the site management plan required by paragraph (1) of 
        subsection (g), including periodic evaluations of such plan as 
        described in paragraph (3) of such subsection.
    ``(g) Site Management Plan.--
            ``(1) Requirement for plan.--Not later than 2 years after 
        the date the Titanic Advisory Council provides the Secretary of 
        Commerce recommendations under subsection (f)(2), the Secretary 
        shall prepare a long-term site management plan for R.M.S. 
        Titanic that--
                    ``(A) includes an archaeological plan, that ensures 
                best practices are observed in the protection and 
                preservation of the wreck site and artifacts recovered 
                from the R.M.S. Titanic, in a manner consistent with 
                the International Agreement and the Rules; and
                    ``(B) is based on information and data gathered 
                from previous expeditions to the site, previous 
                experience with handling R.M.S. Titanic artifacts as 
                well as other relevant information, and data and 
                experience from other wreck sites.
            ``(2) Public availability.--The site management plan 
        prepared under paragraph (1) shall be made available to the 
        public for notice and comment prior to its adoption by the 
        Secretary of Commerce.
            ``(3) Periodic evaluations and amendment.--The Titanic 
        Advisory Council shall periodically evaluate and provide advice 
        and recommendations to the Secretary of Commerce for the 
        amendment of the site management plan prepared under paragraph 
        (1) and the Secretary of Commerce may amend such plan as 
        necessary and appropriate.

``SEC. 20. STATUTE OF LIMITATIONS.

    ``No civil action may be brought, and no criminal prosecution may 
be commenced, by the United States to enforce this Act, or any 
regulation or permit issued under this Act, after the date that is 8 
years after the date on which--
            ``(1) all facts material to the right of action or offense 
        are known by the Secretary of Commerce; and
            ``(2) jurisdiction can be exercised over the defendant.''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of 
the enactment of this Act.
                                                       Calendar No. 550

112th CONGRESS

  2d Session

                                S. 2279

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 14, 2012

                       Reported without amendment