[Congressional Record Volume 168, Number 186 (Thursday, December 1, 2022)]
[Senate]
[Page S6942]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. PADILLA (for himself and Mr. Cornyn):
  S. 5168. 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 ship-to-ship liquid cargo 
transfer operations within a class of nonimmigrant aliens, and for 
other purposes; to the Committee on the Judiciary.
  Mr. PADILLA. Mr. President, I rise to introduce the Energy Security 
and Lightering Independence Act of 2022. This bipartisan bill would 
allow foreign crewmembers of lightering ships to obtain a visa for a 
time period consistent with the duties of their work in the United 
States.
  This bill would amend the C and D visa categories in the Immigration 
and Nationality Act to allow foreign crewmembers who are involved in 
ship-to-ship liquid transfer to be granted nonimmigrant visas for up to 
180 days. This affects those crewmembers who are involved in moving oil 
from one ship to another and then transporting it into the interior of 
the United States.
  The bill also clarifies that these crewmembers are engaged in foreign 
trade and are not considered to be performing labor within the United 
States.
  Many vessels carrying crude oil or liquid natural gas are too large 
to enter U.S. ports, so lightering crews transfer these imports onto 
smaller vessels capable of entering U.S. ports. Crews may also transfer 
oil and liquified natural gas from smaller vessels to larger ships to 
consolidate exports bound for foreign ports. Approximately 74 percent 
of all U.S. exports and 44 percent of all U.S. imports of crude oil or 
natural gas are conducted by lightering.
  Currently, crewmember visas are granted for 29 days, which is an 
insufficient time for lightering crews to get their work done. Customs 
and Border Protection must parole crewmembers into the United States on 
a case-by-case basis, which is administratively burdensome on the 
Agency. In fact, it is estimated that this bill could save CBP $250,000 
and 6,000 man-hours per year.
  I want to thank Senator Cornyn for joining me in this effort, and I 
urge my colleagues to join us in passing this technical fix as quickly 
as possible.

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