HR 158 RDS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Visa Waiver Program 
Improvement and Terrorist Travel Prevention Act of 
2015’’. 
SEC. 2. ELECTRONIC PASSPORT REQUIREMENT. 
(a) REQUIREMENT FOR ALIEN TO POSSESS ELEC-
TRONIC PASSPORT.—Section 217(a)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 1187(a)(3)) is amend-
ed to read as follows: 
‘‘(3) PASSPORT REQUIREMENTS.—The alien, at 
the time of application for admission, is in posses-
sion of a valid unexpired passport that satisfies the 
following: 
‘‘(A) MACHINE READABLE.—The passport 
is a machine-readable passport that is tamper- 
resistant, incorporates document authentication 
identifiers, and otherwise satisfies the inter-
nationally accepted standard for machine read-
ability. 
‘‘(B) ELECTRONIC.—Beginning on April 1, 
2016, the passport is an electronic passport 
that is fraud-resistant, contains relevant bio-
graphic and biometric information (as deter-
mined by the Secretary of Homeland Security), 
and otherwise satisfies internationally accepted 
standards for electronic passports.’’. 
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(b) REQUIREMENT
FOR PROGRAM COUNTRY TO 
VALIDATE PASSPORTS.—Section 217(c)(2)(B) of the Im-
migration and Nationality Act (8 U.S.C. 1187(c)(2)(B)) 
is amended to read as follows: 
‘‘(B) PASSPORT PROGRAM.— 
‘‘(i) ISSUANCE
OF
PASSPORTS.—The 
government of the country certifies that it 
issues to its citizens passports described in 
subparagraph (A) of subsection (a)(3), and 
on or after April 1, 2016, passports de-
scribed in subparagraph (B) of subsection 
(a)(3). 
‘‘(ii) VALIDATION
OF
PASSPORTS.— 
Not later than October 1, 2016, the gov-
ernment of the country certifies that it has 
in place mechanisms to validate passports 
described in subparagraphs (A) and (B) of 
subsection (a)(3) at each key port of entry 
into that country. This requirement shall 
not apply to travel between countries which 
fall within the Schengen Zone.’’. 
(c) CONFORMING AMENDMENT.—Section 303(c) of 
the Enhanced Border Security and Visa Entry Reform Act 
of 2002 is repealed (8 U.S.C. 1732(c)). 
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SEC. 3. 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 des-
ignated by the Secretary of State 
under section 6(j) of the Export Ad-
ministration Act of 1979 (50 U.S.C. 
2405) (as continued in effect under 
the International Emergency Eco-
nomic 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 
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provided support of acts of inter-
national terrorism; or 
‘‘(III) in any other country or 
area of concern designated by the Sec-
retary 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 des-
ignated, 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 Assist-
ance Act of 1961 (22 U.S.C. 2371), 
or any other provision of law, as a 
country, the government of which has 
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repeatedly provided support of acts of 
international terrorism; or 
‘‘(III) any other country that is 
designated, at the time the alien ap-
plies for admission, by the Secretary 
of Homeland Security under subpara-
graph (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 serv-
ice in the armed forces of a program coun-
try; or 
‘‘(ii) in order to carry out official du-
ties as a full-time employee of the govern-
ment of a program country. 
‘‘(C) WAIVER.—The Secretary of Home-
land Security may waive the application of sub-
paragraph (A) to an alien if the Secretary de-
termines that such a waiver is in the law en-
forcement or national security interests of the 
United States. 
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‘‘(D) COUNTRIES
OR
AREAS
OF
CON-
CERN.— 
‘‘(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 Sec-
retary of State and the Director of Na-
tional Intelligence, shall determine whether 
the requirement under subparagraph (A) 
shall apply to any other country or area. 
‘‘(ii) CRITERIA.—In making a deter-
mination 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 cred-
ible threat to the national security of 
the United States; 
‘‘(II) whether a foreign terrorist 
organization has a significant pres-
ence in the country or area; and 
‘‘(III) whether the country or 
area is a safe haven for terrorists. 
‘‘(iii) ANNUAL
REVIEW.—The Sec-
retary shall conduct a review, on an annual 
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basis, of any determination made under 
clause (i). 
‘‘(E) REPORT.—Beginning not later than 
1 year after the date of the enactment of this 
paragraph, and annually thereafter, the Sec-
retary of Homeland Security shall submit to the 
Committee on Homeland Security, the Com-
mittee on Foreign Affairs, the Permanent Se-
lect Committee on Intelligence, and the Com-
mittee on the Judiciary of the House of Rep-
resentatives, and the Committee on Homeland 
Security and Governmental Affairs, the Com-
mittee on Foreign Relations, the Select Com-
mittee on Intelligence, and the Committee on 
the Judiciary of the Senate a report on each in-
stance in which the Secretary exercised the 
waiver authority under subparagraph (C) dur-
ing the previous year.’’. 
SEC. 4. DESIGNATION REQUIREMENTS FOR PROGRAM 
COUNTRIES. 
(a) REPORTING LOST AND STOLEN PASSPORTS.— 
Section 217(c)(2)(D) of the Immigration and Nationality 
Act (8 U.S.C. 1187(c)(2)(D)), as amended by this Act, 
is further amended by striking ‘‘within a strict time limit’’ 
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and inserting ‘‘not later than 24 hours after becoming 
aware of the theft or loss’’. 
(b) INTERPOL SCREENING.—Section 217(c)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1187(c)(2)), 
as amended by this Act, is further amended by adding 
at the end the following: 
‘‘(G) INTERPOL
SCREENING.—Not later 
than 270 days after the date of the enactment 
of this subparagraph, except in the case of a 
country in which there is not an international 
airport, the government of the country certifies 
to the Secretary of Homeland Security that, to 
the maximum extent allowed under the laws of 
the country, it is screening, for unlawful activ-
ity, each person who is not a citizen or national 
of that country who is admitted to or departs 
that country, by using relevant databases and 
notices maintained by Interpol, or other means 
designated by the Secretary of Homeland Secu-
rity. This requirement shall not apply to travel 
between 
countries 
which 
fall 
within 
the 
Schengen Zone.’’. 
(c) IMPLEMENTATION OF PASSENGER INFORMATION 
EXCHANGE AGREEMENT.—Section 217(c)(2)(F) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
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1187(c)(2)(F)), as amended by this Act, is further amend-
ed by inserting before the period at the end the following: 
‘‘, and fully implements such agreement’’. 
(d) TERMINATION OF DESIGNATION.—Section 217(f) 
of the Immigration and Nationality Act (8 U.S.C. 
1187(f)) is amended by adding at the end the following: 
‘‘(6) FAILURE TO SHARE INFORMATION.— 
‘‘(A) IN
GENERAL.—If the Secretary of 
Homeland Security and the Secretary of State 
jointly determine that the program country is 
not sharing information, as required by sub-
section (c)(2)(F), the Secretary of Homeland 
Security shall terminate the designation of the 
country as a program country. 
‘‘(B) REDESIGNATION.—In the case of a 
termination under this paragraph, the Secretary 
of Homeland Security shall redesignate the 
country as a program country, without regard 
to paragraph (2) or (3) of subsection (c) or 
paragraphs (1) through (4), when the Secretary 
of Homeland Security, in consultation with the 
Secretary of State, determines that the country 
is sharing information, as required by sub-
section (c)(2)(F). 
‘‘(7) FAILURE TO SCREEN.— 
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‘‘(A) IN GENERAL.—Beginning on the date 
that is 270 days after the date of the enact-
ment of this paragraph, if the Secretary of 
Homeland Security and the Secretary of State 
jointly determine that the program country is 
not conducting the screening required by sub-
section (c)(2)(G), the Secretary of Homeland 
Security shall terminate the designation of the 
country as a program country. 
‘‘(B) REDESIGNATION.—In the case of a 
termination under this paragraph, the Secretary 
of Homeland Security shall redesignate the 
country as a program country, without regard 
to paragraph (2) or (3) of subsection (c) or 
paragraphs (1) through (4), when the Secretary 
of Homeland Security, in consultation with the 
Secretary of State, determines that the country 
is conducting the screening required by sub-
section (c)(2)(G).’’. 
SEC. 5. REPORTING REQUIREMENTS. 
(a) IN GENERAL.—Section 217(c) of the Immigration 
and Nationality Act (8 U.S.C. 1187(c)), as amended by 
this Act, is further amended— 
(1) in paragraph (2)(C)(iii)— 
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(A) by striking ‘‘and the Committee on 
International Relations’’ and inserting ‘‘, the 
Committee on Foreign Affairs, and the Com-
mittee on Homeland Security’’; and 
(B) by striking ‘‘and the Committee on 
Foreign Relations’’ and inserting ‘‘, the Com-
mittee on Foreign Relations, and the Com-
mittee on Homeland Security and Govern-
mental Affairs’’; and 
(2) in paragraph (5)(A)(i)— 
(A) in subclause (III)— 
(i) by inserting after ‘‘the Committee 
on Foreign Affairs,’’ the following: ‘‘the 
Permanent Select Committee on Intel-
ligence,’’; 
(ii) by inserting after ‘‘the Committee 
on Foreign Relations,’’ the following: ‘‘the 
Select Committee on Intelligence’’; and 
(iii) by striking ‘‘and’’ at the end; 
(B) in subclause (IV), by striking the pe-
riod at the end and inserting the following: ‘‘; 
and’’; and 
(C) by adding at the end the following: 
‘‘(V) shall submit to the commit-
tees described in subclause (III), a re-
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