EVALUATION OF EFFECT OF COUNTRY’S PARTICIPATION ON LAW ENFORCEMENT AND SECURITY.

SEC. 204. EVALUATION OF EFFECT OF COUNTRY’S PARTICIPATION ON LAW ENFORCEMENT AND SECURITY. (a) Initial Designation.—Section 217(c)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(C)) is amended to read as follows: “(C) Law enforcement and security interests.—The Attorney General, in consultation with the Secretary of State— “(i) evaluates the effect that the country’s designation would have on the law enforcement and security interests of the United States (including the interest in enforcement of the immigration laws of the United States and the existence and effectiveness of its agreements and procedures for extraditing to the United States individuals, including its own nationals, who commit crimes that violate United States law); “(ii) determines that such interests Would not be compromised by the designation of the country; and “(iii) submits a written report to the Committee on the Judiciary and the Committee on International Relations of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign 114 STAT. 1640Relations of the Senate regarding the country’s qualification for designation that includes an explanation of such determination.”. (b) Continuation of Designation.—Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end the following: “(5) Written reports on continuing qualification; designation terminations.— “(A) Periodic evaluations.— “(i) In general.—The Attorney General, in consultation with the Secretary of State, periodically (but not less than once every 5 years)— “(I) shall evaluate the effect of each program country’s continued designation on the law enforcement and security interests of the United States (including the interest in enforcement of the immigration laws of the United States and the existence and effectiveness of its agreements and procedures for extraditing to the United States individuals, including its own nationals, who commit crimes that violate United States law); “(II) shall determine, based upon the evaluation in subclause (I), whether any such designation ought to be continued or terminated under subsection (d); and “(III) shall submit a written report to the Committee on the Judiciary and the Committee on International Relations of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate regarding the continuation or termination of the country’s designation that includes an explanation of such determination and the effects described in subclause (I). “(ii) Effective date.—A termination of the designation of a country under this subparagraph shall take effect on the date determined by the Attorney General, in consultation with the Secretary of State. “(iii) Redesignation.—In the case of a termination under this subparagraph, the Attorney General shall redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), when the Attorney General, in consultation with the Secretary of State, determines that all causes of the termination have been eliminated. “(B) Emergency termination.— “(i) In general.—In the case of a program country in which an emergency occurs that the Attorney General, in consultation with the Secretary of State, determines threatens the law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States), the Attorney General shall immediately terminate the designation of the country as a program country. “(ii) Definition.—For purposes of clause (i), the term ‘emergency’ means— 114 STAT. 1641 “(I) the overthrow of a democratically elected government; “(II) war (including undeclared war, civil war, or other military activity) on the territory of the program country; “(III) a severe breakdown in law and order affecting a significant portion of the program country’s territory; “(IV) a severe economic collapse in the program country; or “(V) any other extraordinary event in the program country that threatens the law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States) and where the country’s participation in the program could contribute to that threat. “(iii) Redesignation.—The Attorney General may redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), when the Attorney General, in consultation with the Secretary of State, determines that— “(I) at least 6 months have elapsed since the effective date of the termination; “(II) the emergency that caused the termination has ended; and “(III) the average number of refusals of nonimmigrant visitor visas for nationals of that country during the period of termination under this subparagraph was less than 3.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during such period. “(C) Treatment of nationals after termination.—For purposes of this paragraph— “(i) nationals of a country whose designation is terminated under subparagraph (A) or (B) shall remain eligible for a waiver under subsection (a) until the effective date of such termination; and “(ii) a waiver under this section that is provided to such a national for a period described in subsection (a)(1) shall not, by such termination, be deemed to have been rescinded or otherwise rendered invalid, if the waiver is granted prior to such termination.”.