Statements on Introduced Bills and Joint Resolutions

Floor Speech

Date: Dec. 1, 2022
Location: Washington, DC

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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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