Energy Security and Lightering Independence Act of 2022
Bill: S.5168 | Sponsor: Sen. Padilla, Alex (D-CA)
Policy area: Immigration

Summary:
Energy Security and Lightering Independence Act of 2022
This bill authorizes an alien crewman to obtain a permit to land in the United States for up to 180 days if, during this period, the crewman will perform ship-to-ship liquid cargo transfer operations involving a vessel engaged in foreign trade. Currently, an alien crewman may obtain a permit to land for up to 29 days.

[117th Congress Public Law 360]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 6292]]

Public Law 117-360
117th Congress

                                 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. <<NOTE: Jan. 5, 
                          2023 -  [S. 5168]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Energy Security 
and Lightering Independence Act of 2022. 8 USC 1101 note.>> 
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) <<NOTE: Time periods.>>  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) <<NOTE: Time period.>>  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;''.

[[Page 136 STAT. 6293]]

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) <<NOTE: Determination.>>  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. <<NOTE: 8 USC 1101 note.>>  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.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 5168:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 15, considered and passed Senate.
            Dec. 21, considered and passed House.

                                  <all>