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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5168 Engrossed in Senate (ES)]

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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 ship-to-ship liquid cargo transfer operations within 
        a class of nonimmigrant aliens, 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 ``Energy Security and Lightering 
Independence Act of 2022''.

SEC. 2. CHANGES IN NONIMMIGRANT CATEGORIES.

    (a) Transit Through United States.--Section 101(a)(15)(C) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(C)) is amended to 
read as follows:
            ``(C)(i) an alien in immediate and continuous transit 
        through the United States, for a period not to exceed 29 days;
            ``(ii) an alien who qualifies as a person entitled to pass 
        in transit to and from the United Nations Headquarters District 
        (as defined in section 209A(e) of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 4309a(e))) and foreign 
        countries, under the provisions of paragraphs (3), (4), and (5) 
        of section 11 of the Agreement regarding the Headquarters of 
        the United Nations, done at Lake Success June 26, 1947 (61 
        Stat. 758); or
            ``(iii) an alien passing in transit through the United 
        States to board a vessel on which the alien will perform, or to 
        disembark from a vessel on which the alien performed, ship-to-
        ship liquid cargo transfer operations to or from another vessel 
        engaged in foreign trade, for a period not to exceed 180 
        days;''.
    (b) Alien Crewmen.--Section 101(a)(15)(D) of such Act (8 U.S.C. 
1101(a)(15)(D)) is amended--
            (1) in clause (ii), by adding ``or'' at the end; and
            (2) by adding at the end the following:
            ``(iii) an alien crewman performing ship-to-ship liquid 
        cargo transfer operations to or from another vessel engaged in 
        foreign trade, who intends to land temporarily solely in 
        pursuit of the alien's responsibilities as a crewman and to 
        depart from the United States on the vessel on which the alien 
        arrived or on another vessel or aircraft, for a period not to 
        exceed 180 days;''.

SEC. 3. CONDITIONAL PERMITS TO LAND TEMPORARILY.

    Section 252(a) of the Immigration and Nationality Act (8 U.S.C. 
1282(a)) is amended--
            (1) in paragraph (1), by striking ``or'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) 180 days, if the immigration officer determines that 
        the crewman--
                    ``(A) intends to depart, within the period for 
                which the crewman is permitted to land, on the same 
                vessel or on a vessel or aircraft other than the vessel 
                on which the crewman arrived; and
                    ``(B) will perform ship-to-ship liquid cargo 
                transfer operations to or from any other vessel engaged 
                in foreign trade during such period.''.

SEC. 4. RULE OF CONSTRUCTION.

    For purposes of this Act, and the amendments made by this Act, the 
performance by a crewman of ship-to-ship liquid cargo transfer 
operations to or from any other vessel engaged in foreign trade shall 
not be considered, for immigration purposes, to be services, work, 
labor or employment 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 include aliens passing 
  in transit through the United States to board a vessel on which the 
alien will perform ship-to-ship liquid cargo transfer operations within 
        a class of nonimmigrant aliens, and for other purposes.
```