riods of authorized stay ended 
during that fiscal year. 
‘‘(III) COMPUTATION
OF
OVER-
STAY RATE.—In determining the over-
stay rate for a country, the Secretary 
of Homeland Security may utilize in-
formation from any available data-
bases to ensure the accuracy of such 
rate. 
‘‘(iii) PROGRAM COUNTRY.—The term 
‘program country’ means a country des-
ignated as a program country under sub-
paragraph (A).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 217 of the Immigration and Nationality Act (8 
U.S.C. 1187) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
the term appears (except in subsection (c)(11)(B)) 
and inserting ‘‘Secretary of Homeland Security’’; 
and 
(2) in subsection (c)— 
(A) in paragraph (2)(C)(iii), by striking 
‘‘Committee on the Judiciary and the Com-
mittee on International Relations of the House 
of Representatives and the Committee on the 
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Judiciary and the Committee on Foreign Rela-
tions of the Senate’’ and inserting ‘‘appropriate 
congressional committees’’; 
(B) in paragraph (5)(A)(i)(III), by striking 
‘‘Committee on the Judiciary, the Committee on 
Foreign Affairs, and the Committee on Home-
land Security, of the House of Representatives 
and the Committee on the Judiciary, the Com-
mittee on Foreign Relations, and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate’’ and inserting 
‘‘appropriate congressional committees’’; and 
(C) in paragraph (7), by striking subpara-
graph (E). 
(c) DESIGNATION OF PROGRAM COUNTRIES BASED 
ON OVERSTAY RATES.— 
(1) IN GENERAL.—Section 217(c)(2)(A) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1187(c)(2)(A)) is amended to read as follows: 
‘‘(A) 
GENERAL
NUMERICAL
LIMITA-
TIONS.— 
‘‘(i) LOW
NONIMMIGRANT
VISA
RE-
FUSAL RATE.—The percentage of nationals 
of that country refused nonimmigrant visas 
under section 101(a)(15)(B) during the 
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previous full fiscal year was not more than 
3 percent of the total number of nationals 
of that country who were granted or re-
fused nonimmigrant visas under such sec-
tion during such year. 
‘‘(ii) LOW NONIMMIGRANT OVERSTAY 
RATE.—The overstay rate for that country 
was not more than 3 percent during the 
previous fiscal year.’’. 
(2) 
QUALIFICATION
CRITERIA.—Section 
217(c)(3) of such Act (8 U.S.C. 1187(c)(3)) is 
amended to read as follows: 
‘‘(3) QUALIFICATION CRITERIA.—After designa-
tion as a program country under section 217(c)(2), 
a country may not continue to be designated as a 
program country unless the Secretary of Homeland 
Security, in consultation with the Secretary of State, 
determines, pursuant to the requirements under 
paragraph (5), that the designation will be contin-
ued.’’. 
(3) INITIAL PERIOD.—Section 217(c) is further 
amended by striking subsection (c)(4). 
(4) 
CONTINUING
DESIGNATION.—Section 
217(c)(5)(A)(i)(II) 
of 
such 
Act 
(8 
U.S.C. 
1187(c)(5)(A)(i)(II)) is amended to read as follows: 
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‘‘(II) shall determine, 
based upon the evaluation in 
subclause (I), whether any 
such designation under sub-
section (d) or (f), or proba-
tion under subsection (f), 
ought to be continued or ter-
minated;’’. 
(5) COMPUTATION
OF
VISA
REFUSAL
RATES; 
JUDICIAL REVIEW.—Section 217(c)(6) of such Act 
(8 U.S.C. 1187(c)(6)) is amended to read as follows: 
‘‘(6) COMPUTATION OF VISA REFUSAL RATES 
AND JUDICIAL REVIEW.— 
‘‘(A) COMPUTATION
OF
VISA
REFUSAL 
RATES.—For purposes of determining the eligi-
bility of a country to be designated as a pro-
gram country, the calculation of visa refusal 
rates shall not include any visa refusals which 
incorporate any procedures based on, or are 
otherwise based on, race, sex, or disability, un-
less otherwise specifically authorized by law or 
regulation. 
‘‘(B) JUDICIAL REVIEW.—No court shall 
have jurisdiction under this section to review 
any visa refusal, the Secretary of State’s com-
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putation of a visa refusal rate, the Secretary of 
Homeland Security’s computation of an over-
stay rate, or the designation or nondesignation 
of a country as a program country.’’. 
(6) 
VISA
WAIVER
INFORMATION.—Section 
217(c)(7) of such Act (8 U.S.C. 1187(c)(7)) is 
amended— 
(A) by striking subparagraphs (B) through 
(D); and 
(B) by striking ‘‘WAIVER INFORMATION.— 
’’ and all that follows through ‘‘In refusing’’ 
and inserting ‘‘WAIVER INFORMATION.—In re-
fusing’’. 
(7) WAIVER AUTHORITY.—Section 217(c)(8) of 
such Act (8 U.S.C. 1187(c)(8)) is amended to read 
as follows: 
‘‘(8) WAIVER
AUTHORITY.—The Secretary of 
Homeland Security, in consultation with the Sec-
retary of State, may waive the application of para-
graph (2)(A)(i) for a country if— 
‘‘(A) the country meets all other require-
ments of paragraph (2); 
‘‘(B) the Secretary of Homeland Security 
determines that the totality of the country’s se-
curity risk mitigation measures provide assur-
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ance that the country’s participation in the pro-
gram would not compromise the law enforce-
ment, security interests, or enforcement of the 
immigration laws of the United States; 
‘‘(C) there has been a general downward 
trend in the percentage of nationals of the 
country refused nonimmigrant visas under sec-
tion 101(a)(15)(B); 
‘‘(D) the country consistently cooperated 
with the Government of the United States on 
counterterrorism initiatives, information shar-
ing, preventing terrorist travel, and extradition 
to the United States of individuals (including 
the country’s own nationals) who commit 
crimes that violate United States law before the 
date of its designation as a program country, 
and the Secretary of Homeland Security and 
the Secretary of State assess that such coopera-
tion is likely to continue; and 
‘‘(E) the percentage of nationals of the 
country refused a nonimmigrant visa under sec-
tion 101(a)(15)(B) during the previous full fis-
cal year was not more than 10 percent of the 
total number of nationals of that country who 
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