117-s-5168117th Congress

Energy Security and Lightering Independence Act of 2022

Sponsored By: Senator Padilla, Alex [D-CA]

Became Law

Summary

Creates a dedicated nonimmigrant transit and landing path for crewmen involved in ship-to-ship liquid cargo transfers. It expands who may enter and temporarily land in the United States to perform transfers between vessels without treating those transfers as U.S. employment.

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  • Crewmen gain a specific pathway to board or disembark to perform ship-to-ship liquid cargo transfer operations for up to 180 days. The law also allows a crewman to land temporarily to fulfill those duties and then depart on the same or another vessel or aircraft within that period.
  • The transit rules in the Immigration and Nationality Act are rewritten into three categories. They include immediate continuous transit of up to 29 days, transit related to the United Nations Headquarters District, and the new ship-to-ship transfer category of up to 180 days.
  • The statute clarifies that performing ship-to-ship liquid cargo transfers is not considered services, work, labor, or employment in the United States for immigration purposes. This distinction affects how these crewmen are classified under immigration law.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Transit and landing for ship-to-ship crews

The law creates a clear path for noncitizen crew who move liquid cargo between ships. You can land in the United States to do these duties for up to 180 days, if an officer approves. There is also immediate transit up to 29 days and a 180-day transit to board or leave a vessel for these transfers. You must plan to leave within the allowed time on the same vessel or on another vessel or aircraft. Doing these ship-to-ship transfers is not counted as U.S. work for immigration purposes.

Sponsors & CoSponsors

Sponsor

Padilla, Alex [D-CA]

CA • D

Cosponsors

  • Sen. Cornyn, John [R-TX]

    TX • R

    Sponsored 12/1/2022

Roll Call Votes

All Roll Calls

Yes: 394 • No: 19

house vote • 12/21/2022

On Motion to Suspend the Rules and Pass

Yes: 394 • No: 19

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