,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #ebc  ,,in ,,the ,,house ,,of   
,,representatives  ,january #aa1 #bjai  
,mr4 ,smucker introduced the following  
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend the ,immigration and          
,nationality ,act to render overstaying 
a visa a criminal offense1 and for other
 purposes4  #a4 ,visa overstays         
criminalized  7a7 ,in general ,the      
,immigration and ,nationality ,act is   
amended by inserting after section      
#bgd;,d the following3  #bgd;,e4 ,visa  
overstays  7a7 ,in general ,except as   
provided in subsection 7b71 any alien   
who remains in the ,united ,states for  
any period of time after the date on    
which any visa or status under which the
 alien is lawfully present has expired  
shall--  7#a7 for the first commission  
of any such offense1 be fined under     
title #ah1 ,united ,states ,code1 or    
imprisoned no more than #f months1 or   
both2 and  7#b7 for a subsequent        

commission of any such offense1 be fined
 under title #ah1 ,united ,states ,code1
 or imprisoned not more than #b years1  
or both4  7b7 ,exception ,if the        
,secretary of ,homeland ,security       
determines on an individual case-by-case
 basis that1 because of reasons of a    
medical necessity1 public safety1 or    
national security1 the alien violated   
subsection 7a71 the alien shall not be  
subject to the penalties under          
subsection 7a74  7c7 ,limitation on     
reentry  7#a7 ,first offenders ,subject 
to section #bbb7;g77#b71 any alien      
convicted of a violation of subsection  
7a77#a7--  7,a7 may not be admitted to  
the ,united ,states for a period of #e  
years1 beginning on the date of the     
conviction2 and  7,b7 may not be granted
 a visa for a period of #aj years1      
beginning on the date of the conviction4
  7#b7 ,subsequent offenses             
,notwithstanding section #bbb7;g77#b71  
any alien convicted of a violation of   
subsection 7a77#b7-- 7,a7 may not be    

admitted to the ,united ,states2 and    
7,b7 may not be granted a visa4  7d7    
,disclosure of penalties ,in the case of
 any application or petition by or on   
behalf of an alien for admission to the 
,united ,states1 the ,secretary of      
,state or the ,secretary of ,homeland   
,security shall provide the alien with  
notice of the penalties under this      
section and section #bge on receipt of  
the application or petition1 and again  
at the time of admission4  4  7b7       
,clerical amendment ,the table of       
contents of the ,immigration and        
,nationality ,act is amended by         
inserting after the item relating to    
section #bgd;,d the following3  #bgd;,e4
 ,visa overstays4  4  #b4 ,effect of    
visa revocation  7a7 ,in general        
,section #bba7;i7 of the ,immigration   
and ,nationality ,act 7#h ,u4,s4,c4     
#abja7;i77 is amended by inserting      
before the final sentence the following3
 ,a revocation under this subsection    
shall automatically cancel any other    

valid visa that is in the alien's       
possession44  7b7 ,effective date ,the  
amendment made by subsection 7a7 shall  
take effect on the date of the enactment
 of this ,act and shall apply to        
revocations under section #bba7;i7 of   
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4 #abja7;i77 occurring on or
 after such date4  #c4 ,clarification of
 intent regarding taxpayer-provided     
counsel ,section #bib of the            
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #acfb7 is amended--  7#a7 by  
striking ,in any removal proceedings    
before an immigration judge and in any  
appeal proceedings before the ,attorney 
,general from any such removal          
proceedings and inserting ,in any       
removal proceedings before an           
immigration judge1 or any other         
immigration proceedings before the      
,attorney ,general1 the ,secretary of   
,homeland ,security1 or any appeal of   
such a proceeding2  7#b7 by striking 7at
 no expense to the ,government72 and    

7#c7 by adding at the end the following 
,notwithstanding any other provision of 
law1 in no instance shall the           
,government bear any expense for counsel
 for any person in proceedings described
 in this section44  #d4 ,sharing visa   
records with foreign governments        
,section #bbb7;f7 of the ,immigration   
and ,nationality ,act 7#h ,u4,s4,c4     
#abjb7;f77 is amended--  7#a7 in        
paragraph 7#a71 by striking the period  
at the end and inserting a semicolon2   
7#b7 by redesignating paragraph 7#b7 as 
paragraph 7#c72 and  7#c7 by inserting  
after paragraph 7#a7 the following3     
7#b7 the ,secretary of ,state on a      
case-by-case basis may provide to a     
foreign government copies of any record 
of the ,department of ,state and of     
diplomatic and consular offices of the  
,united ,states pertaining to the       
issuance or refusal of visas or permits 
to enter the ,united ,states1 or any    
information contained in those records1 
if the ,secretary determines that it is 

in the national interests of the ,united
 ,states2 and  4  #e4 ,access to        
national crime information center files 
for visa adjudications relating to      
diplomats and other government officials
 ,section #bbb of the ,immigration and  
,nationality ,act 7#h ,u4,s4,c4 #abjb7  
is amended by adding at the end the     
following3  7i7 ,in the case of an alien
 described in one of clauses 7i7 through
 7iv7 of subsection 7h77#b77;,e7 who has
 applied for a visa1 the ,attorney      
,general and the ,director of the       
,federal ,bureau of ,investigation shall
 provide the ,secretary of ,state with  
access to the criminal history record   
information contained in files          
maintained by the ,national ,crime      
,information ,center for the purpose of 
determining whether the visa should be  
issued4  4