Sec. 3. Restriction on use of visa waiver program for aliens who travel to certain countries

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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: Except as provided in subparagraphs

(B)and (C)— the alien has not been present, at any time on or after March 1, 2011— in Iraq or Syria; 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 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 in any other country or area of concern designated by the Secretary of Homeland Security under subparagraph (D); and regardless of whether the alien is a national of a program country, the alien is not a national of— Iraq or Syria; 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 any other country that is designated, at the time the alien applies for admission, by the Secretary of Homeland Security under subparagraph (D). Subparagraph (A)(i) shall not apply in the case of an alien if the Secretary of Homeland Security determines that the alien was present— in order to perform military service in the armed forces of a program country; or in order to carry out official duties as a full-time employee of the government of a program country. 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. 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. In making a determination under clause (i), the Secretary shall consider— 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; whether a foreign terrorist organization has a significant presence in the country or area; and whether the country or area is a safe haven for terrorists. The Secretary shall conduct a review, on an annual basis, of any determination made under clause (i). Beginning not later than 1 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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Sec. 3

Restriction on use of visa waiver program for aliens who travel to certain countries

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