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Taken verbatim from https://www.congress.gov/bill/114th-congress/house-bill/2029/text

   TITLE <<NOTE: Visa Waiver Program Improvement and Terrorist Travel 
  Prevention Act of 2015.>>  II--TERRORIST TRAVEL PREVENTION AND VISA 
WAIVER PROGRAM REFORM
SEC. 201. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.

    This title may be cited as the ``Visa Waiver Program Improvement and 
Terrorist Travel Prevention Act of 2015''.

[[Page 129 STAT. 2989]]

SEC. 203. RESTRICTION ON USE OF VISA WAIVER PROGRAM FOR ALIENS WHO 
                        TRAVEL TO CERTAIN COUNTRIES.

    Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 
1187(a)), as amended by this Act, is further amended by adding at the 
end the following:
            ``(12) Not present in iraq, syria, or any other country or 
        area of concern.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C)--
                          ``(i) the alien has not been present, at any 
                      time on or after March 1, 2011--
                                    ``(I) in Iraq or Syria;
                                    ``(II) in a country that is 
                                designated by the Secretary of State 
                                under section 6(j) of the Export 
                                Administration Act of 1979 (50 U.S.C. 
                                2405) (as continued in effect under the 
                                International Emergency Economic Powers 
                                Act (50 U.S.C. 1701 et seq.)), section 
                                40 of the Arms Export Control Act (22 
                                U.S.C. 2780), section 620A of the 
                                Foreign

[[Page 129 STAT. 2990]]

                                Assistance Act of 1961 (22 U.S.C. 2371), 
                                or any other provision of law, as a 
                                country, the government of which has 
                                repeatedly provided support of acts of 
                                international terrorism; or
                                    ``(III) in any other country or area 
                                of concern designated by the Secretary 
                                of Homeland Security under subparagraph 
                                (D); and
                          ``(ii) regardless of whether the alien is a 
                      national of a program country, the alien is not a 
                      national of--
                                    ``(I) Iraq or Syria;
                                    ``(II) a country that is designated, 
                                at the time the alien applies for 
                                admission, by the Secretary of State 
                                under section 6(j) of the Export 
                                Administration Act of 1979 (50 U.S.C. 
                                2405) (as continued in effect under the 
                                International Emergency Economic Powers 
                                Act (50 U.S.C. 1701 et seq.)), section 
                                40 of the Arms Export Control Act (22 
                                U.S.C. 2780), section 620A of the 
                                Foreign Assistance Act of 1961 (22 
                                U.S.C. 2371), or any other provision of 
                                law, as a country, the government of 
                                which has repeatedly provided support of 
                                acts of international terrorism; or
                                    ``(III) any other country that is 
                                designated, at the time the alien 
                                applies for admission, by the Secretary 
                                of Homeland Security under subparagraph 
                                (D).
                    ``(B) Certain military personnel and government 
                employees.--Subparagraph (A)(i) shall not apply in the 
                case of an alien if the Secretary of Homeland Security 
                determines that the alien was present--
                          ``(i) in order to perform military service in 
                      the armed forces of a program country; or
                          ``(ii) in order to carry out official duties 
                      as a full time employee of the government of a 
                      program country.
                    ``(C) Waiver.--The Secretary of Homeland Security 
                may waive the application of subparagraph (A) to an 
                alien if the Secretary determines that such a waiver is 
                in the law enforcement or national security interests of 
                the United States.
                    ``(D) Countries or areas of concern.--
                          ``(i) In general.--Not later than 60 days 
                      after the date of the enactment of this paragraph, 
                      the Secretary of Homeland Security, in 
                      consultation with the Secretary of State and the 
                      Director of National Intelligence, shall determine 
                      whether the requirement under subparagraph (A) 
                      shall apply to any other country or area.
                          ``(ii) Criteria.--In making a determination 
                      under clause (i), the Secretary shall consider--
                                    ``(I) whether the presence of an 
                                alien in the country or area increases 
                                the likelihood that the alien is a 
                                credible threat to the national security 
                                of the United States;
                                    ``(II) whether a foreign terrorist 
                                organization has a significant presence 
                                in the country or area; and

[[Page 129 STAT. 2991]]

                                    ``(III) whether the country or area 
                                is a safe haven for terrorists.
                          ``(iii) Annual review.--The Secretary shall 
                      conduct a review, on an annual basis, of any 
                      determination made under clause (i).
                    ``(E) Report.--Beginning not later than one year 
                after the date of the enactment of this paragraph, and 
                annually thereafter, the Secretary of Homeland Security 
                shall submit to the Committee on Homeland Security, the 
                Committee on Foreign Affairs, the Permanent Select 
                Committee on Intelligence, and the Committee on the 
                Judiciary of the House of Representatives, and the 
                Committee on Homeland Security and Governmental Affairs, 
                the Committee on Foreign Relations, the Select Committee 
                on Intelligence, and the Committee on the Judiciary of 
                the Senate a report on each instance in which the 
                Secretary exercised the waiver authority under 
                subparagraph (C) during the previous year.''.
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