Energy Security and Lightering Independence Act of 2021
Bill: H.R.2923 | Sponsor: Rep. Garcia, Sylvia R. (D-TX)
Policy area: Immigration

Summary:
Energy Security and Lightering Independence Act of 2021
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.
Under this bill, an alien passing in transit through the United States to board a vessel to perform the above-described liquid cargo transfer operations may qualify as a nonimmigrant in transit. (A qualifying nonimmigrant in transit may obtain a transit visa.)

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 2021''.

SEC. 2. DEFINITION OF NONIMMIGRANT IN TRANSIT.

    Subparagraph (C) of section 101(a)(15) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)) is amended to read as follows:
                    ``(C)(i) an alien in immediate and continuous 
                transit through the United States 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 and foreign countries, under the 
                provisions of paragraphs (3), (4), and (5) of section 
                11 of the Headquarters Agreement with the United 
                Nations (61 Stat. 758); or
                    ``(iii) an alien passing in transit through the 
                United States to board a vessel on which the alien will 
                perform ship-to-ship liquid cargo transfer operations 
                to or from another vessel engaged in foreign trade 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 is satisfied 
        that the crewman intends to depart, within the period for which 
        the crewman is permitted to land, on either the same vessel or 
        on a vessel other than the vessel on which the crewman arrived 
        and that the crewman will perform ship-to-ship liquid cargo 
        transfer operations to or from any other vessel engaged in 
        foreign trade during such period.''.
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