117TH CONGRESS 

2D SESSION S. 5168 

AN ACT 

To amend the Immigration and Nationality Act to include 

aliens passing in transit through the United States to 

board a vessel on which the alien will perform shipto-ship liquid cargo transfer operations within a class 

of nonimmigrant aliens, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 5168 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Energy Security and 

3 Lightering Independence Act of 2022’’. 

4 SEC. 2. CHANGES IN NONIMMIGRANT CATEGORIES. 

5 (a) TRANSIT THROUGH UNITED STATES.—Section 

6 101(a)(15)(C) of the Immigration and Nationality Act (8 

7 U.S.C. 1101(a)(15)(C)) is amended to read as follows: 

8 ‘‘(C)(i) an alien in immediate and continuous 

9 transit through the United States, for a period not 

10 to exceed 29 days; 

11 ‘‘(ii) an alien who qualifies as a person entitled 

12 to pass in transit to and from the United Nations 

13 Headquarters District (as defined in section 209A(e) 

14 of the State Department Basic Authorities Act of 

15 1956 (22 U.S.C. 4309a(e))) and foreign countries, 

16 under the provisions of paragraphs (3), (4), and (5) 

17 of section 11 of the Agreement regarding the Head18 quarters of the United Nations, done at Lake Suc19 cess June 26, 1947 (61 Stat. 758); or 

20 ‘‘(iii) an alien passing in transit through the 

21 United States to board a vessel on which the alien 

22 will perform, or to disembark from a vessel on which 

23 the alien performed, ship-to-ship liquid cargo trans24 fer operations to or from another vessel engaged in 

25 foreign trade, for a period not to exceed 180 days;’’. 
3 

†S 5168 ES

1 (b) ALIEN CREWMEN.—Section 101(a)(15)(D) of 

2 such Act (8 U.S.C. 1101(a)(15)(D)) is amended— 

3 (1) in clause (ii), by adding ‘‘or’’ at the end; 

4 and 

5 (2) by adding at the end the following: 

6 ‘‘(iii) an alien crewman performing ship-to-ship 

7 liquid cargo transfer operations to or from another 

8 vessel engaged in foreign trade, who intends to land 

9 temporarily solely in pursuit of the alien’s respon10 sibilities as a crewman and to depart from the 

11 United States on the vessel on which the alien ar12 rived or on another vessel or aircraft, for a period 

13 not to exceed 180 days;’’. 

14 SEC. 3. CONDITIONAL PERMITS TO LAND TEMPORARILY. 

15 Section 252(a) of the Immigration and Nationality 

16 Act (8 U.S.C. 1282(a)) is amended— 

17 (1) in paragraph (1), by striking ‘‘or’’ at the 

18 end; 

19 (2) in paragraph (2), by striking the period at 

20 the end and inserting ‘‘; or’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(3) 180 days, if the immigration officer deter23 mines that the crewman— 

24 ‘‘(A) intends to depart, within the period 

25 for which the crewman is permitted to land, on 
4 

†S 5168 ES

1 the same vessel or on a vessel or aircraft other 

2 than the vessel on which the crewman arrived; 

3 and 

4 ‘‘(B) will perform ship-to-ship liquid cargo 

5 transfer operations to or from any other vessel 

6 engaged in foreign trade during such period.’’. 

7 SEC. 4. RULE OF CONSTRUCTION. 

8 For purposes of this Act, and the amendments made 

9 by this Act, the performance by a crewman of ship-to-ship 

10 liquid cargo transfer operations to or from any other ves11 sel engaged in foreign trade shall not be considered, for 

12 immigration purposes, to be services, work, labor or em13 ployment by the crewman within the United States. 

Passed the Senate December 15, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 5168 

AN ACT 

To amend the Immigration and Nationality Act to 

aliens, and for other purposes. fer operations within a class of nonimmigrant alien will perform ship-to-ship liquid cargo transUnited States to board a vessel on which the include aliens passing in transit through the