[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5168 Enrolled Bill (ENR)]
S.5168
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.