1.This Act may be cited as the
R.M.S. Titanic Maritime Memorial
Preservation Act of 2012
.
2.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)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.
.
3.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:
3.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.
.
4.Implementation
of the international agreementThe 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:
5.
(a)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 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)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 registryIn 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)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.
6.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.
7.
(a)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)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)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)Any permit issued by the Secretary of Commerce under
this section shall contain terms and conditions that fully comply with the
Rules.
(e)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)
(1)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)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)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.
8.
(a)Liability to
the United StatesAny 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)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.
9.
(a)Permit sanction
and civil administrative penalty
(1)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)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)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)
(1)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)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)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)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)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.
10.
(a)Any person who knowingly commits any act prohibited under
section 6 is guilty of an offense under this Act.
(b)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.
11.
(a)The
provisions of this Act may be enforced by the Secretary of Commerce and the
Secretary of Homeland Security, or their respective designees.
(b)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)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)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 forfeitureThe 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)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 propertyUpon 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)
(1)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)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)
(1)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)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.
12.Disposition of
monies recovered
(a)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 fundsIf 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.
13.International
cooperation
(a)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)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.
14.Agreements and
authority to utilize grant funds
(a)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 fundsThe 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.
15.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.
16.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.
17.Relationship to
other laws
(a)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 propertyNothing 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)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 seasExcept 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)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)
(1)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)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 rightsWithout 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)The law of finds shall not apply to R.M.S. Titanic or
R.M.S. Titanic property.
(h)Each collection
shall be managed and maintained in accordance with the Rules.
18.Valid exclusive
right to salvage R.M.S. Titanic
(a)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 CommerceThe 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.
19.Titanic
Advisory Council; site management plan
(a)The Secretary of Commerce is authorized to establish
the Titanic Advisory Council.
(b)The Titanic Advisory Council shall be exempt from the
Federal Advisory Committee Act (5 U.S.C. App.).
(c)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)
(1)The
Titanic Advisory Council may meet and conduct business if there is a quorum of
at least 5 members.
(2)The Titanic Advisory Council may meet and conduct
business prior to the appointment of the members described in subsection
(c)(7).
(e)Prohibition on
compensationA 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)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)
(1)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)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 amendmentThe 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.
20.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.
.
5.The amendments made by
this Act shall take effect on the date of the enactment of this Act.
November 14, 2012
Reported without amendment