Section 1 Short title
This Act may be cited as the “Carnivals are Real Entertainment Act”.
Carnivals are Real Entertainment Act
A BILL
To amend the Immigration and Nationality Act to provide nonimmigrant status to mobile entertainment workers, and for other purposes.
Sec. 2 Mobile entertainment workers
Mobile entertainment workers—
In general— Subparagraph (P) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)) is amended—
in clause (iii)(II), by striking “or” at the end;
by redesignating clause (iv) as clause (v);
in clause (v), as redesignated by subparagraph (B), by striking “clause (i), (ii), or (iii)” and inserting “clause (i), (ii), (iii), or (iv)”; and
by inserting after clause (iii) the following:
“(iv) seeks to enter the United States temporarily and solely for the purpose of performing functions that are integral and essential to the operation of a mobile entertainment provider (as set forth in section 214(c)(4)(I)(ii)); or”
Admission of mobile entertainment workers— Paragraph (4) of section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(4)) is amended by adding at the end the following:
“(I) The following shall apply to the admission of any alien under section 101(a)(15)(P)(iv):
“(i) The Department of Labor shall certify a mobile entertainment position under this subparagraph if—
“(I) there are not sufficient United States workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services required; and
“(II) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.
“(ii) For purposes of section 101(a)(15)(P)(iv), functions that are integral and essential to the operation of a mobile entertainment provider include transporting, assembly, operation, disassembly, and maintenance of mobile entertainment attractions, structures, and equipment, including rides, games, novelties, and food or beverage concessions, as well as other functions that are common in the mobile entertainment industry and are necessary for the safe and efficient operation of the mobile entertainment provider.
“(iii) For purposes of this subparagraph, the term “mobile entertainment provider” means—
“(I) a carnival or circus that travels around the United States on a temporary or seasonal basis; or
“(II) a provider of services normally affiliated with a carnival or circus, such as food and game concessions, that travels around the United States on a seasonal or temporary basis to provide services to State, county, and local fairs and festivals, or support events sponsored by not-for-profit organizations for fundraising.”
Rulemaking— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall separately publish in the Federal Register proposed rules implementing the provisions of this section and the amendments made by this section, and shall finalize such rules not later than 1 year after the date of the enactment of this Act.