Visa Overstay Enforcement Act of 2013

Visa Overstay Enforcement Act of 2013 - Amends the Immigration and Nationality Act to make it a felony for any alien to be unlawfully present in the United States for a period of 30 consecutive days, except because of illness or any other extenuating circumstance. Requires such an alien to be punished: (1) in the case of a first offense, with a fine of not more than $10,000 or by imprisonment for not more than one year, or both; and (2) in the case of a subsequent offense, with a fine of not more than $15,000 or by imprisonment for not more than five years, or both.

Declares that an alien convicted: (1) of a first offense may not be admitted to the United States for 5 years, and may not be granted a visa for 10 years; and (2) of a subsequent offense may not be admitted to the United States, and may not be granted a visa.

Directs the the Secretary of Homeland Security (DHS) to: (1) submit to Congress within 90 days a plan to implement a biometric exit capability using a person's fingerprints at all land, sea, and air ports of entry under the US-VISIT program; and (2) establish the biometric entry and exit data system required by the Intelligence Reform and Terrorism Prevention Act of 2004 within one year at each airport that is a U.S. port of entry, and within two years at all U.S. ports of entry.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2631 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2631

 To amend the Immigration and Nationality Act to criminalize unlawful 
                               presence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2013

 Mr. Barletta introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Homeland Security, 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 criminalize unlawful 
                               presence.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Visa Overstay Enforcement Act of 
2013''.

SEC. 2. UNLAWFUL PRESENCE CRIMINALIZED.

    The Immigration and Nationality Act is amended by inserting after 
section 274D the following:

``SEC. 274E. UNLAWFUL PRESENCE.

    ``(a) In General.--Except as provided in subsection (b), any alien 
who is unlawfully present in the United States for a period of 30 
consecutive days shall be punished--
            ``(1) in the case of a first offense, as felony, by a fine 
        of not more than $10,000 or by imprisonment for not more than 1 
        year, or both; and
            ``(2) in the case of a subsequent offense, as a felony, by 
        a fine of not more than $15,000 or by imprisonment for not more 
        than 5 years, or both.
    ``(b) Exception.--If the Secretary of Homeland Security determines 
that because of illness or any other extenuating circumstance the alien 
has been unlawfully present, the alien shall not be subject to the 
penalties under subsection (a).
    ``(c) Limitation on Reentry.--
            ``(1) First offenders.--Any alien convicted of a violation 
        of subsection (a)(1)--
                    ``(A) may not be admitted to the United States for 
                a period of 5 years, beginning on the date of the 
                conviction; and
                    ``(B) may not be granted a visa for a period of 10 
                years, beginning on the date of the conviction.
            ``(2) Subsequent offenses.--Any alien convicted of a 
        violation of subsection (a)(2)--
                    ``(A) may not be admitted to the United States; and
                    ``(B) may not be granted a visa.''.

SEC. 3. BIOMETRIC ENTRY AND EXIT SYSTEM.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees a plan to implement, 
immediately, a biometric exit capability using a person's fingerprints 
at all land, sea, and air ports of entry under the US-VISIT program, in 
accordance with the Enhanced Security and Visa Entry Reform Act of 2002 
(Public Law 107-73).
    (b) Contents of Plan.--The Secretary of Homeland Security shall 
include the following requirements when developing the biometric plan:
            (1) Leveraging of all biometric technologies.
            (2) Utilization of biometric technologies used by the 
        United States Government in Iraq and Afghanistan.
            (3) Establish collaborative relationships with airports and 
        the airlines.
            (4) Allow for reliable reporting of visa overstay rates.
            (5) Coordination of databases across the United States 
        Government including all databases maintained by the Department 
        of Homeland Security, the Department of Justice, and the 
        Department of State.
            (6) Assessment of operational and funding requirements of 
        Department of Homeland Security components, specifically U.S. 
        Border Patrol, U.S. Customs and Border Protection and U.S. 
        Immigration and Customs Enforcement.
            (7) Not later than 30 days after the date of enactment of 
        this Act, the Secretary shall establish plans for establishing 
        a pilot biometric exit project at a minimum of two land ports 
        of entry at the U.S.-Canada border and a minimum of four land 
        ports of entry at the U.S.-Mexico border.
    (c) Biometric Entry and Exit Data System.--
            (1) Airports.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        establish the biometric entry and exit data system required by 
        section 7208 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (8 U.S.C. 1365b) at each airport that is 
        a port of entry to the United States.
            (2) All ports of entry.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary of Homeland 
        Security shall establish the biometric entry and exit data 
        system required by section 7208 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (8 U.S.C. 1365b) at all ports 
        of entry to the United States.
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