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.''.