‘‘(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-
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 
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‘‘(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 
were granted or refused such nonimmigrant 
visas.’’. 
(d) 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.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) PROBATIONARY PERIOD.—The term 
‘probationary period’ means the fiscal year in 
which a probationary country is placed in pro-
bationary status under this subsection. 
‘‘(B) PROGRAM COUNTRY.—The term ‘pro-
gram country’ has the meaning given that term 
in subsection (c)(1)(B). 
‘‘(2) DETERMINATION, NOTICE, AND
INITIAL 
PROBATIONARY PERIOD.— 
‘‘(A) DETERMINATION OF PROBATIONARY 
STATUS AND NOTICE OF NONCOMPLIANCE.—As 
part of each program country’s periodic evalua-
tion required by subsection (c)(5)(A), the Sec-
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retary of Homeland Security shall determine 
whether a program country is in compliance 
with the program requirements under subpara-
graphs (A)(ii) through (F) of subsection (c)(2). 
‘‘(B) INITIAL PROBATIONARY PERIOD.—If 
the Secretary of Homeland Security determines 
that a program country is not in compliance 
with the program requirements under subpara-
graphs (A)(ii) through (F) of subsection (c)(2), 
the Secretary of Homeland Security shall place 
the program country in probationary status for 
the fiscal year following the fiscal year in which 
the periodic evaluation is completed. 
‘‘(3) ACTIONS AT THE END OF THE INITIAL 
PROBATIONARY PERIOD.—At the end of the initial 
probationary period of a country under paragraph 
(2)(B), the Secretary of Homeland Security shall 
take one of the following actions: 
‘‘(A) COMPLIANCE DURING INITIAL PROBA-
TIONARY PERIOD.—If the Secretary determines 
that all instances of noncompliance with the 
program requirements under subparagraphs 
(A)(ii) through (F) of subsection (c)(2) that 
were identified in the latest periodic evaluation 
have been remedied by the end of the initial 
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probationary period, the Secretary shall end the 
country’s probationary period. 
‘‘(B) NONCOMPLIANCE
DURING
INITIAL 
PROBATIONARY PERIOD.—If the Secretary de-
termines that any instance of noncompliance 
with the program requirements under subpara-
graphs (A)(ii) through (F) of subsection (c)(2) 
that were identified in the latest periodic eval-
uation has not been remedied by the end of the 
initial probationary period— 
‘‘(i) the Secretary may terminate the 
country’s participation in the program; or 
‘‘(ii) on an annual basis, the Secretary 
may continue the country’s probationary 
status if the Secretary, in consultation 
with the Secretary of State, determines 
that the country’s continued participation 
in the program is in the national interest 
of the United States. 
‘‘(4) ACTIONS
AT
THE
END
OF
ADDITIONAL 
PROBATIONARY PERIODS.—At the end of all proba-
tionary periods granted to a country pursuant to 
paragraph (3)(B)(ii), the Secretary shall take one of 
the following actions: 
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‘‘(A) COMPLIANCE
DURING
ADDITIONAL 
PERIOD.—The Secretary shall end the country’s 
probationary status if the Secretary determines 
during the latest periodic evaluation required by 
subsection (c)(5)(A) that the country is in com-
pliance with the program requirements under 
subparagraphs (A)(ii) through (F) of subsection 
(c)(2). 
‘‘(B) 
NONCOMPLIANCE
DURING
ADDI-
TIONAL PERIODS.—The Secretary shall termi-
nate the country’s participation in the program 
if the Secretary determines during the latest 
periodic evaluation required by subsection 
(c)(5)(A) that the program country continues to 
be in noncompliance with the program require-
ments under subparagraphs (A)(ii) through (F) 
of subsection (c)(2). 
‘‘(5) EFFECTIVE DATE.—The termination of a 
country’s participation in the program under para-
graph (3)(B) or (4)(B) shall take effect on the first 
day of the first fiscal year following the fiscal year 
in which the Secretary determines that such partici-
pation shall be terminated. Until such date, nation-
als of the country shall remain eligible for a waiver 
under subsection (a). 
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‘‘(6) TREATMENT OF NATIONALS AFTER TERMI-
NATION.—For purposes of this subsection and sub-
section (d)— 
‘‘(A) nationals of a country whose designa-
tion is terminated under paragraph (3) or (4) 
shall remain eligible for a waiver under sub-
section (a) until the effective date of such ter-
mination; and 
‘‘(B) a waiver under this section that is 
provided to such a national for a period de-
scribed 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. 
‘‘(7) CONSULTATIVE ROLE OF THE SECRETARY 
OF STATE.—In this subsection, references to sub-
paragraphs (A)(ii) through (F) of subsection (c)(2) 
and subsection (c)(5)(A) carry with them the con-
sultative role of the Secretary of State as provided 
in those provisions.’’. 
(e) REVIEW
OF OVERSTAY TRACKING METHOD-
OLOGY.—Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General of the 
United States shall conduct a review of the methods used 
by the Secretary of Homeland Security— 
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