Carnivals are Real Entertainment Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1787 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1787

 To amend the Immigration and Nationality Act to provide nonimmigrant 
    status to mobile entertainment workers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 2023

  Ms. Lofgren (for herself and Ms. Salazar) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to provide nonimmigrant 
    status to mobile entertainment workers, and for other purposes.

    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 the ``Carnivals are Real Entertainment 
Act''.

SEC. 2. MOBILE ENTERTAINMENT WORKERS.

    (a) Mobile Entertainment Workers.--
            (1) 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--
                    (A) in clause (iii)(II), by striking ``or'' at the 
                end;
                    (B) by redesignating clause (iv) as clause (v);
                    (C) in clause (v), as redesignated by subparagraph 
                (B), by striking ``clause (i), (ii), or (iii)'' and 
                inserting ``clause (i), (ii), (iii), or (iv)''; and
                    (D) 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''.
            (2) 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.''.
            (3) 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.
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