country shall remain eligible for a waiver under sub-
section (a). 
‘‘(6) NONAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—Paragraphs (3) and (4) shall not apply to 
a program country unless the total number of na-
tionals of the program country that entered the 
United States during the prior fiscal year exceeds 
100. 
‘‘(7) EMERGENCY TERMINATION.— 
‘‘(A) IN GENERAL.—In the case of a pro-
gram country in which an emergency occurs 
that the Secretary of Homeland Security, in 
consultation with the Secretary of State, deter-
mines threatens the law enforcement or security 
interests of the United States (including the in-
terest in enforcement of the immigration laws 
of the United States), the Secretary of Home-
land Security shall immediately terminate the 
designation of the country as a program coun-
try. 
‘‘(B) 
EMERGENCY
DEFINED.—In 
this 
paragraph, the term ‘emergency’ means— 
‘‘(i) the overthrow of a democratically 
elected government in the program coun-
try; 
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‘‘(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 en-
forcement of the immigration laws of the 
United States) and where the country’s 
participation in the program could con-
tribute to that threat. 
‘‘(C) REDESIGNATION.—The Secretary of 
Homeland Security may redesignate the coun-
try as a program country, without regard to 
paragraph (3) or (4) or subsection (c)(2), if the 
Secretary, in consultation with the Secretary of 
State, determines that— 
‘‘(i) at least 6 months have elapsed 
since the effective date of the emergency 
termination under subparagraph (A); 
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‘‘(ii) the emergency that caused the 
termination has ended; and 
‘‘(iii) the average visa overstay rate 
for that country during the period of ter-
mination under this subparagraph was not 
more than 3 percent. 
‘‘(D) PROGRAM
SUSPENSION
AUTHOR-
ITY.—The Director of National Intelligence 
shall immediately inform the Secretary of 
Homeland Security of any current and credible 
threat which poses an imminent danger to the 
United States or its citizens and originates 
from a country participating in the visa waiver 
program. Upon receiving such notification, the 
Secretary, in consultation with the Secretary of 
State— 
‘‘(i) may suspend a program country 
from the visa waiver program without prior 
notice; 
‘‘(ii) shall notify any country sus-
pended under clause (i) and, to the extent 
practicable without disclosing sensitive in-
telligence sources and methods, provide 
justification for the suspension; and 
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‘‘(iii) shall restore the suspended 
country’s participation in the visa waiver 
program upon a determination that the 
threat no longer poses an imminent danger 
to the United States or its citizens. 
‘‘(8) 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), (4), or 
(7) 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.’’. 
SEC. 5. REVIEW OF OVERSTAY TRACKING METHODOLOGY. 
Not later than 180 days after the date of the enact-
ment 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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(1) to track aliens entering and exiting the 
United States; and 
(2) to detect any such alien who stays longer 
than such alien’s period of authorized admission. 
Æ 
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