I 
112TH CONGRESS 
1ST SESSION 
H. R. 959 
To amend the Immigration and Nationality Act to modify the requirements 
of the visa waiver program and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 8, 2011 
Mr. QUIGLEY introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Select Committee on Intel-
ligence (Permanent Select), for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to modify 
the requirements of the visa waiver program and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Secure Travel and 
Counterterrorism Partnership Program Act of 2011’’. 
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SEC. 2. DEFINITIONS. 
(a) DEFINITIONS.—Section 217(c)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1187(c)(1)) is 
amended to read as follows: 
‘‘(1) AUTHORITY
TO
DESIGNATE; 
DEFINI-
TIONS.— 
‘‘(A) AUTHORITY
TO
DESIGNATE.—The 
Secretary of Homeland Security, in consultation 
with the Secretary of State, may designate any 
country as a program country if that country 
meets the requirements under paragraph (2). 
‘‘(B) DEFINITIONS.—In this subsection: 
‘‘(i) APPROPRIATE
CONGRESSIONAL 
COMMITTEES.—The term ‘appropriate con-
gressional committees’ means— 
‘‘(I) the Committee on Foreign 
Relations, the Committee on Home-
land Security and Governmental Af-
fairs, and the Committee on the Judi-
ciary of the Senate; and 
‘‘(II) the Committee on Foreign 
Affairs, the Committee on Homeland 
Security, and the Committee on the 
Judiciary of the House of Representa-
tives. 
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‘‘(ii) PROGRAM COUNTRY.—The term 
‘program country’ means a country des-
ignated as a program country under sub-
paragraph (A). 
‘‘(iii) VISA OVERSTAY RATE.— 
‘‘(I) IN
GENERAL.—The term 
‘visa overstay rate’ means, with re-
spect to a country, the ratio of— 
‘‘(aa) the total number of 
nationals of that country who 
were admitted to the United 
States on the basis of a non-
immigrant visa whose periods of 
authorized stay ended during a 
fiscal year but who remained un-
lawfully in the United States be-
yond such periods; to 
‘‘(bb) the total number of 
nationals of that country who 
were admitted to the United 
States on the basis of a non-
immigrant visa during that fiscal 
year. 
‘‘(iv) COMPUTATION
OF
VISA
OVER-
STAY RATE.—In determining the visa over-
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stay rate for a country the Secretary of 
Homeland Security— 
‘‘(I) 
shall 
utilize 
information 
from all available databases to ensure 
the accuracy of such rate; and 
‘‘(II) shall not include any visa 
overstay which incorporates any pro-
cedures based on, or are otherwise 
based on, race, sex, or disability, un-
less otherwise specifically authorized 
by law or regulation.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 217(c) of the Immigration and Nationality Act (8 
U.S.C. 1187(c)) is amended as follows: 
(1) In paragraph (2)(C)— 
(A) in the matter preceding clause (i), by 
striking ‘‘Attorney General,’’ and inserting 
‘‘Secretary of Homeland Security,’’; and 
(B) in clause (iii), by striking ‘‘Committee 
on the Judiciary and the Committee on Inter-
national Relations of the House of Representa-
tives and the Committee on the Judiciary and 
the Committee on Foreign Relations of the Sen-
ate’’ and inserting ‘‘appropriate congressional 
committees’’. 
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(2) In paragraph (5)(A)(i)(III), by striking 
‘‘the Committee on the Judiciary, the Committee on 
Foreign Affairs, and the Committee on Homeland 
Security, of the House of Representatives and the 
Committee on the Judiciary, the Committee on For-
eign Relations, and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate’’ and 
inserting ‘‘appropriate congressional committees’’. 
(3) In paragraph (7)— 
(A) in subparagraph (D), by striking ‘‘At-
torney General’’ both places that term appears 
and inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
(B) by striking subparagraph (E). 
SEC. 3. DESIGNATION OF PROGRAM COUNTRIES BASED ON 
VISA OVERSTAY RATES. 
(a) IN GENERAL.—Section 217(c)(2)(A) of the Immi-
gration and Nationality Act (8 U.S.C. 1187(c)(2)(A)) is 
amended to read as follows: 
‘‘(A) LOW NONIMMIGRANT VISA OVERSTAY 
RATE.—The visa overstay rate for that country 
was not more than 3 percent during the pre-
vious fiscal year.’’. 
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(b) QUALIFICATION CRITERIA.—Section 217(c)(3) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1187(c)(3)) is amended to read as follows: 
‘‘(3) QUALIFICATION CRITERIA.—For each fis-
cal year after the initial period, a country may not 
be designated as a program country unless require-
ments of paragraph (2)(A) are met.’’. 
(c) JUDICIAL REVIEW.—Section 217(c)(6) of the Im-
migration and Nationality Act (8 U.S.C. 1187(c)(6)) is 
amended to read as follows: 
‘‘(6) INAPPLICABILITY OF JUDICIAL REVIEW.— 
No court shall have jurisdiction to review the denial 
of admission to the United States of any alien by the 
Secretary of Homeland Security, the Secretary’s 
computation of a visa overstay rate, or the designa-
tion or nondesignation of a country as a program 
country.’’. 
(d) REPORTING REQUIREMENTS.—Section 217(c)(7) 
of the Immigration and Nationality Act (8 U.S.C. 
1187(c)(7)), as amended by section 2(b)(3), is further 
amended— 
(1) in the heading, by striking ‘‘VISA WAIVER 
INFORMATION.—’’ and inserting ‘‘REPORTING
RE-
QUIREMENT.—’’; 
(2) by striking subparagraph (A); 
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(3) by redesignating subparagraphs (B), (C), 
and (D) as subparagraphs (A), (B), and (C), respec-
tively; 
(4) in subparagraph (A), as so redesignated— 
(A) in the heading, by striking ‘‘REPORT-
ING REQUIREMENT.—’’ and inserting ‘‘IN GEN-
ERAL.—’’; 
(B) in clause (iii), by striking ‘‘were re-
fused’’ and inserting ‘‘overstayed’’; 
(C) in clause (iv)— 
(i) by striking ‘‘who were refused’’ 
and inserting ‘‘who overstayed’’; and 
(ii) by striking ‘‘refused; and’’ and in-
serting ‘‘issued.’’; and 
(D) by striking clause (v); 
(5) in subparagraph (B), as so redesignated, by 
striking ‘‘subparagraph (B)’’ and inserting ‘‘sub-
paragraph (A)’’; and 
(6) in subparagraph (C), as so redesignated, by 
striking ‘‘subparagraph (B)’’ and inserting ‘‘sub-
paragraph (A)’’. 
(e) WAIVER AUTHORITY.—Section 217(c)(8) of the 
Immigration and Nationality Act (8 U.S.C. 1187(c)(8)) 
is amended to read as follows: 
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‘‘(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) for a country if— 
‘‘(A) the country meets all security re-
quirements of this section; 
‘‘(B) the Secretary of Homeland Security 
determines that the totality of the country’s se-
curity risk mitigation measures provide assur-
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; and 
‘‘(C) the country cooperated with the Gov-
ernment of the United States on counterter-
rorism initiatives, information sharing, and pre-
venting terrorist travel before the date of its 
designation as a program country, and the Sec-
retary of Homeland Security and the Secretary 
of State determine that such cooperation will 
continue.’’. 
SEC. 4. TERMINATION OF DESIGNATION; PROBATION. 
Section 217(f) of the Immigration and Nationality 
Act (8 U.S.C. 1187(f)) is amended to read as follows: 
‘‘(f) TERMINATION OF DESIGNATION; PROBATION.— 
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‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) PROBATIONARY COUNTRY.—The term 
‘probationary country’ means a program coun-
try placed in probationary status under para-
graph (2)(B). 
‘‘(B) PROBATIONARY PERIOD.—The term 
‘probationary period’ means the fiscal year in 
which a probationary country is placed in pro-
bationary status under paragraph (2)(B). 
‘‘(C) PROGRAM COUNTRY.—The term ‘pro-
gram country’ has the meaning given that term 
in subsection (c)(1)(B). 
‘‘(D) VISA
OVERSTAY
RATE.—The term 
‘visa overstay rate’ has the meaning given that 
term in subsection (c)(1)(B). 
‘‘(2) DETERMINATION
AND
NOTICE
OF
DIS-
QUALIFICATION.— 
‘‘(A) DETERMINATION.—Upon a deter-
mination by the Secretary of Homeland Secu-
rity that a program country’s visa overstay rate 
was more than 3 percent for the preceding fis-
cal year or that the program country is not in 
compliance with all other program requirements 
under subsection (c)(2), the Secretary shall no-
tify the Secretary of State. 
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‘‘(B) PROBATIONARY STATUS.—If the Sec-
retary of Homeland Security makes a deter-
mination under subparagraph (A) for a pro-
gram country, the Secretary of Homeland Secu-
rity shall place the program country in proba-
tionary status for the fiscal year following the 
fiscal year for which such determination was 
made. 
‘‘(3) ACTIONS AT TERMINATION OF THE PROBA-
TIONARY PERIOD.—At the end of the probationary 
period of a probationary country, the Secretary of 
Homeland Security shall take one of the following 
actions: 
‘‘(A) COMPLIANCE DURING PROBATIONARY 
PERIOD.—The Secretary shall redesignate the 
probationary country as a program country if 
the Secretary determines that during the proba-
tionary period the probationary country— 
‘‘(i) had a visa overstay rate not more 
than 3 percent; and 
‘‘(ii) was in compliance with all other 
program requirements under subsection 
(c)(2). 
‘‘(B) COMPLIANCE WITH VISA OVERSTAY 
RATE.—The Secretary may redesignate the pro-
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bationary country as a program country if the 
Secretary determines that during the proba-
tionary period the probationary country had a 
visa overstay rate of not more than 3 percent. 
‘‘(C) NONCOMPLIANCE WITH VISA OVER-
STAY RATE.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the Secretary shall terminate the pro-
bationary country’s participation in the 
program if the Secretary determines that 
during the probationary period the proba-
tionary country had a visa overstay rate of 
more than 3 percent. 
‘‘(ii) ADDITIONAL PROBATIONARY PE-
RIOD.—The Secretary may waive the appli-
cation of clause (i) for the probationary 
country if the Secretary, in consultation 
with the Director of National Intelligence, 
certifies that the probationary country’s 
continued participation in the program 
does not pose a threat to law enforcement, 
security, or enforcement of immigration 
laws, and place the country in probationary 
status for one additional fiscal year. 
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‘‘(4) ACTIONS
AT
THE
END
OF
ADDITIONAL 
PROBATIONARY PERIOD.—At the end of the addi-
tional 1-year period of probation granted to a proba-
tionary country pursuant to subparagraph (C)(ii), 
the Secretary shall take one of the following actions: 
‘‘(A) COMPLIANCE
DURING
ADDITIONAL 
PERIOD.—The Secretary shall redesignate the 
probationary country as a program country if 
the Secretary determines that during such addi-
tional period the probationary country had a 
visa overstay rate not more than 3 percent. 
‘‘(B) 
NONCOMPLIANCE
DURING
ADDI-
TIONAL
PERIOD.—The Secretary shall termi-
nate the probationary country’s participation in 
the program if the Secretary determines that 
during such additional period the probationary 
country had a visa overstay rate of more than 
3 percent. 
‘‘(5) EFFECTIVE DATE.—The termination of a 
country’s participation in the program under para-
graph (3) or (4) shall take effect on the first day of 
the first fiscal year following the fiscal year in which 
the Secretary determines that such participation 
shall be terminated. Until such date, nationals of the 
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