[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[House]
[Pages H9197-H9198]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          COMPETE ACT OF 2006

  Mr. CANNON. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 3821) to authorize certain athletes to be admitted 
temporarily into the United States to compete or perform in an athletic 
league, competition, or performance.
  The Clerk read as follows:

                                S. 3821

       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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Cannon) and the gentleman from Michigan (Mr. Conyers) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. CANNON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on S. 3821, currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in support of Senate 3821, the COMPETE Act of 2006. S. 3821 
would allow minor league professional athletes and certain performers 
to utilize the P-1 visa category.
  The P-1 visa category allows internationally recognized performers, 
including athletes, artists and entertainers, to temporarily enter the 
U.S. for a specific event, competition or performance. To date, 
Citizenship and Immigration Services has interpreted the Immigration 
and Nationality Act in such a way that only allows major league 
professional athletes to utilize the P-1 visa category.
  Minor league baseball and hockey players and some professional 
performers have been forced to utilize the H-2B visa category, which is 
capped at 66,000 visas annually and has been oversubscribed in recent 
years. Many minor league baseball and hockey teams attempt to bring in 
new players at times

[[Page H9198]]

of the year when the numerical cap has already been reached for H-2B 
visas.
  Ice skaters who perform in special events in the United States find 
themselves in a similar predicament. Ice shows are planned many months 
in advance, but when ice skaters are recruited for these shows, H-2B 
visas are not always available. This legislation would also allow ice 
skaters performing in theatrical ice productions to use the P-1 visa 
category.
  The United States is the pinnacle showground for most athletes and 
performers. It is where the best athletes and performers come to 
display their talents and skills. By moving minor league athletes and 
ice performers to the P-1 category, sports leagues and production teams 
will be able to recruit the most talented individuals from around the 
world and thus continue America's tradition of excellency in the 
professional sports arena.
  I urge my colleagues to support Senate 3821.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself as much time as I may 
consume.
  (Mr. CONYERS asked and was given permission to revise and extend his 
remarks.)
  Mr. CONYERS. Mr. Speaker, I am pleased to rise in support of S. 3821, 
which makes professional visas available for certain athletes and 
entertainers who are needed for work and competition in the United 
States professional athletic industries.
  Historically, minor league athletes enter our country as part of the 
H-2B seasonal worker program. These visas are capped at 66,000 per 
year, and they often run out well before the year is out.
  So we, through this legislation, will allow sport franchises and 
companies to bring minor league baseball players, hockey players and 
ice skating performers into the country to perform or compete when they 
are needed, without being barred by the visa cap. It shifts these 
talented people from the H visa category to the P visa category, the 
same one currently used by highly skilled professional athletes.
  With this change, the United States will no longer lose these 
talented athletes to other nations because visas are not available at 
the right time.
  This is a necessary piece of legislation to fix our visa categories, 
and I am glad that we are able to get the support of both Chambers in a 
bipartisan fashion to pass this at the very end of the 109th Congress.
  Mr. Speaker, I have no further speakers, and I yield back the balance 
of my time.
  Mr. CANNON. Mr. Speaker, with the admonition to my colleagues to 
support this bill and pass it, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Cannon) that the House suspend the rules and 
pass the Senate bill, S. 3821.
  The question was taken; and (two-thirds of those voting having 
responded in the affirmative) the rules were suspended and the Senate 
bill was passed.
  A motion to reconsider was laid on the table.

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