I 
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 Com-
mittee 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 jurisdic-
tion 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Visa Overstay Enforce-
ment Act of 2013’’. 
SEC. 2. UNLAWFUL PRESENCE CRIMINALIZED. 
The Immigration and Nationality Act is amended by 
inserting after section 274D the following: 
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‘‘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 pun-
ished— 
‘‘(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 im-
prisonment for not more than 5 years, or both. 
‘‘(b) EXCEPTION.—If the Secretary of Homeland Se-
curity determines that because of illness or any other ex-
tenuating 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 pe-
riod of 10 years, beginning on the date of the 
conviction. 
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‘‘(2) SUBSEQUENT OFFENSES.—Any alien con-
victed 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 Home-
land Security shall submit to the appropriate congres-
sional committees a plan to implement, immediately, a bio-
metric exit capability using a person’s fingerprints at all 
land, sea, and air ports of entry under the US–VISIT pro-
gram, in accordance with the Enhanced Security and Visa 
Entry Reform Act of 2002 (Public Law 107–73). 
(b) CONTENTS OF PLAN.—The Secretary of Home-
land 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 Afghani-
stan. 
(3) Establish collaborative relationships with 
airports and the airlines. 
(4) Allow for reliable reporting of visa overstay 
rates. 
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(5) Coordination of databases across the United 
States Government including all databases main-
tained by the Department of Homeland Security, the 
Department of Justice, and the Department of 
State. 
(6) Assessment of operational and funding re-
quirements of Department of Homeland Security 
components, specifically U.S. Border Patrol, U.S. 
Customs and Border Protection and U.S. Immigra-
tion and Customs Enforcement. 
(7) Not later than 30 days after the date of en-
actment 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. 
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(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 Ter-
rorism Prevention Act of 2004 (8 U.S.C. 1365b) at 
all ports of entry to the United States. 
Æ 
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