PUBLIC LAW 109–463—DEC. 22, 2006 120 STAT. 3477

Public Law 109–463

109th Congress

An Act

To authorize certain athletes to be admitted temporarily into the United States

to compete or perform in an athletic league, competition, or performance.

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 either the ‘‘Creating Opportunities

for Minor League Professionals, Entertainers, and Teams through

Legal Entry Act of 2006’’ or the ‘‘COMPETE Act of 2006’’.

SEC. 2. NONIMMIGRANT ALIEN STATUS FOR CERTAIN ATHLETES.

(a) IN GENERAL.—Section 214(c)(4)(A) of the Immigration and

Nationality Act (8 U.S.C. 1184(c)(4)(A)) is amended by striking

clauses (i) and (ii) and inserting the following:

‘‘(i)(I) performs as an athlete, individually or as part of

a group or team, at an internationally recognized level of

performance;

‘‘(II) is a professional athlete, as defined in section 204(i)(2);

‘‘(III) performs as an athlete, or as a coach, as part of

a team or franchise that is located in the United States and

a member of a foreign league or association of 15 or more

amateur sports teams, if—

‘‘(aa) the foreign league or association is the highest

level of amateur performance of that sport in the relevant

foreign country;

‘‘(bb) participation in such league or association renders

players ineligible, whether on a temporary or permanent

basis, to earn a scholarship in, or participate in, that sport

at a college or university in the United States under the

rules of the National Collegiate Athletic Association; and

‘‘(cc) a significant number of the individuals who play

in such league or association are drafted by a major sports

league or a minor league affiliate of such a sports league;

or

‘‘(IV) is a professional athlete or amateur athlete who performs individually or as part of a group in a theatrical ice

skating production; and

‘‘(ii) seeks to enter the United States temporarily and solely

for the purpose of performing—

‘‘(I) as such an athlete with respect to a specific athletic

competition; or

‘‘(II) in the case of an individual described in clause

(i)(IV), in a specific theatrical ice skating production or

tour.’’.

Creating

Opportunities for

Minor League

Professionals,

Entertainers, and

Teams through

Legal Entry Act

of 2006.

8 USC 1101 note.

Dec. 22, 2006

[S. 3821]

120 STAT. 3478 PUBLIC LAW 109–463—DEC. 22, 2006

(b) LIMITATION.—Section 214(c)(4) of the Immigration and

Nationality Act (8 U.S.C. 1184(c)(4)) is amended by adding at the

end the following:

‘‘(F)(i) No nonimmigrant visa under section 101(a)(15)(P)(i)(a)

shall be issued to any alien who is a national of a country that

is a state sponsor of international terrorism unless the Secretary

of State determines, in consultation with the Secretary of Homeland

Security and the heads of other appropriate United States agencies,

that such alien does not pose a threat to the safety, national

security, or national interest of the United States. In making a

determination under this subparagraph, the Secretary of State shall

apply standards developed by the Secretary of State, in consultation

with the Secretary of Homeland Security and the heads of other

appropriate United States agencies, that are applicable to the

nationals of such states.

‘‘(ii) In this subparagraph, the term ‘state sponsor of international terrorism’ means any country the government of which

has been determined by the Secretary of State under any of the

laws specified in clause (iii) to have repeatedly provided support

for acts of international terrorism.

‘‘(iii) The laws specified in this clause are the following:

‘‘(I) Section 6(j)(1)(A) of the Export Administration Act of

1979 (50 U.S.C. App. 2405(j)(1)(A)) (or successor statute).

‘‘(II) Section 40(d) of the Arms Export Control Act (22

U.S.C. 2780(d)).

‘‘(III) Section 620A(a) of the Foreign Assistance Act of 1961

(22 U.S.C. 2371(a)).’’.

(c) PETITIONS FOR MULTIPLE ALIENS.—Section 214(c)(4) of the

Immigration and Nationality Act (8 U.S.C. 1184(c)(4)), as amended

by subsection (b), is further amended by adding at the end the

following:

‘‘(G) The Secretary of Homeland Security shall permit a petition

under this subsection to seek classification of more than 1 alien

as a nonimmigrant under section 101(a)(15)(P)(i)(a).’’.

(d) RELATIONSHIP TO OTHER PROVISIONS OF THE IMMIGRATION

AND NATIONALITY ACT.—Section 214(c)(4) of the Immigration and

Nationality Act (8 U.S.C. 1184(c)(4)), as amended by subsections

(b) and (c), is further amended by adding at the end the following:

‘‘(H) The Secretary of Homeland Security shall permit an athlete, or the employer of an athlete, to seek admission to the United

States for such athlete under a provision of this Act other than

PUBLIC LAW 109–463—DEC. 22, 2006 120 STAT. 3479

LEGISLATIVE HISTORY—S. 3821:

CONGRESSIONAL RECORD, Vol. 152 (2006):

Dec. 6, considered and passed Senate.

Dec. 8, considered and passed House.

Æ

section 101(a)(15)(P)(i) if the athlete is eligible under such other

provision.’’.

Approved December 22, 2006.