117 HR 6890 IH: Bringing Oligarch Accountability Through Seizure Act
U.S. House of Representatives
2022-03-01
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I
117th CONGRESS
2d Session
H. R. 6890
IN THE HOUSE OF REPRESENTATIVES
March 1, 2022
Mr. Young (for himself, Ms. Malliotakis, Ms. Strickland, Mr. Wilson of South Carolina, Mr. Huizenga, and Mr. Palazzo) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To prohibit Russian vessels from operating in the navigable waters of the United States, and for other purposes.
1.

Short title
This Act may be cited as the “Bringing Oligarch Accountability Through Seizure Act” or the “BOATS Act”.
2.

Prohibition on entry and operation
(a)

Prohibition
(1)

In general
Except as otherwise provided in this section, no vessel described in subsection (b) may enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.
(2)

Limitations on application
(A)

In general
The prohibition under paragraph (1) shall not apply with respect to a vessel described in subsection (b)(1) if the Secretary of State determines that—
(i)
the vessel is owned or operated by a Russian national or operated by the government of the Russian Federation; and
(ii)
it is in the national security interest not to apply the prohibition to such vessel.
(B)

Notice
Not later than 15 days after making a determination under subparagraph (A), the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate written notice of the determination and the basis upon which the determination was made.
(C)

Publication
The Secretary of State shall publish a notice in the Federal Register of each determination made under subparagraph (A).
(b)

Vessels described
A vessel referred to in subsection (a) is a vessel owned or operated by a Russian national or operated by the Government of the Russian Federation.
(c)

Information and publication
The Secretary of the department in which the Coast Guard is operating, with the concurrence of the Secretary of State, shall—
(1)
maintain timely information on the registrations of all foreign vessels owned or operated by or on behalf of the Government of the Russian Federation, a Russian national, or a entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation; and
(2)
periodically publish in the Federal Register a list of the vessels described in paragraph (1).
(d)

Notification of governments
(1)

In general
The Secretary of State shall notify each government, the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on a list published under subsection (c)(2), not later than 30 days after such publication, that all vessels registered under such government’s authority are subject to subsection (a).
(2)

Additional notification
In the case of a government that continues to maintain a registration for a vessel that is included on such list after receiving an initial notification under paragraph (1), the Secretary shall issue an additional notification to such government not later than 120 days after the publication of a list under subsection (c)(2).
(e)

Notification of vessels
Upon receiving a notice of arrival under section 70001(a)(5) of title 46, United States Code, from a vessel described in subsection (b), the Secretary of the department in which the Coast Guard is operating shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless—
(1)
the Secretary of State has made a determination under subsection (a)(2); or
(2)
the Secretary of the department in which the Coast Guard is operating allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f).
(f)

Provisional entry or cargo transfer
Notwithstanding any other provision of this section, the Secretary of the department in which the Coast Guard is operating may allow provisional entry of, or transfer of cargo from, a vessel, if such entry or transfer is necessary for the safety of the vessel or persons aboard.
3.

Seizure and forfeiture of vessel; fine and imprisonment
If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this subtitle, or obstructs or interferes with the exercise of any power conferred by this subtitle—
(1)
the vessel, together with the tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and
(2)
the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than 50 years and fined not more than $10,000,000,000.
4.

Auction and proceeds of vessel seizure
(a)

In general
Any vessel seized and forfeited under section 422 shall be sold at auction to any entity that is not the Government of the Russian Federation, a Russian national, or a entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation. The proceeds of any such auction may only be used for humanitarian aid to Ukraine that is provided by a state that is a member of the North Atlantic Treaty Organization.
(b)

Applicability
Paragraph (1) shall be effective until the earlier of—
(1)
1 year after the date of enactment of this Act; and
(2)
the date on which the President certifies that the conflict between the Russian Federation and Ukraine has concluded.