[109th Congress Public Law 463]
[From the U.S. Government Printing Office]
[DOCID: f:publ463.109]
[[Page 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. <<NOTE: Dec. 22, 2006 - [S. 3821]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Creating Opportunities for
Minor League Professionals, Entertainers, and Teams through Legal Entry
Act of 2006. 8 USC 1101 note.>> 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.''.
[[Page 120 STAT. 3478]]
(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
[[Page 120 STAT. 3479]]
section 101(a)(15)(P)(i) if the athlete is eligible under such other
provision.''.
Approved December 22, 2006.
LEGISLATIVE HISTORY--S. 3821:
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CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 6, considered and passed Senate.
Dec. 8, considered and passed House.
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