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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3821 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 3821

_______________________________________________________________________

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

            Passed the Senate December 6, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 3821

_______________________________________________________________________

                                 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.
```