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