II 

117TH CONGRESS 

2D SESSION S. 5168 

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. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 1, 2022 

Mr. PADILLA (for himself and Mr. CORNYN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Lightering Independence Act of 2022’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 5168 IS

1 SEC. 2. CHANGES IN NONIMMIGRANT CATEGORIES. 

2 (a) TRANSIT THROUGH UNITED STATES.—Section 

3 101(a)(15)(C) of the Immigration and Nationality Act (8 

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

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

6 transit through the United States, for a period not 

7 to exceed 29 days; 

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

9 to pass in transit to and from the United Nations 

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

11 of the State Department Basic Authorities Act of 

12 1956 (22 U.S.C. 4309a(e))) and foreign countries, 

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

14 of section 11 of the Agreement regarding the Head15 quarters of the United Nations, done at Lake Suc16 cess June 26, 1947 (61 Stat. 758); or 

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

18 United States to board a vessel on which the alien 

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

20 the alien performed, ship-to-ship liquid cargo trans21 fer operations to or from another vessel engaged in 

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

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

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

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

26 and 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 5168 IS

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

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

3 liquid cargo transfer operations to or from another 

4 vessel engaged in foreign trade, who intends to land 

5 temporarily solely in pursuit of the alien’s respon6 sibilities as a crewman and to depart from the 

7 United States on the vessel on which the alien ar8 rived or on another vessel or aircraft, for a period 

9 not to exceed 180 days;’’. 

10 SEC. 3. CONDITIONAL PERMITS TO LAND TEMPORARILY. 

11 Section 252(a) of the Immigration and Nationality 

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

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

14 end; 

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

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

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

18 ‘‘(3) 180 days, if the immigration officer deter19 mines that the crewman— 

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

21 for which the crewman is permitted to land, on 

22 the same vessel or on a vessel or aircraft other 

23 than the vessel on which the crewman arrived; 

24 and 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 5168 IS

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

2 transfer operations to or from any other vessel 

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

4 SEC. 4. RULE OF CONSTRUCTION. 

5 For purposes of this Act, and the amendments made 

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

7 liquid cargo transfer operations to or from any other ves8 sel engaged in foreign trade shall not be considered, for 

9 immigration purposes, to be services, work, labor or em10 ployment by the crewman within the United States. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS