text: SECTION 1. VISA OVERSTAYS CRIMINALIZED.
  
      (a) In General.--The Immigration and Nationality Act is amended by 
  inserting after section 274D the following:
  
  ``SEC. 274E. VISA OVERSTAYS.
  
      ``(a) In General.--Except as provided in subsection (b), 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--
              ``(1) for the first commission of any such offense, be 
          fined under title 18, United States Code, or imprisoned no more 
          than 6 months, or both; and
              ``(2) for a subsequent commission of any such offense, be 
          fined under title 18, United States Code, or imprisoned not 
          more than 2 years, or both.
      ``(b) Exception.--If the Secretary of Homeland Security determines 
  on an individual case-by-case basis that, because of reasons of a 
  medical necessity, public safety, or national security, the alien 
  violated subsection (a), the alien shall not be subject to the 
  penalties under subsection (a).
      ``(c) Limitation on Reentry.--
              ``(1) First offenders.--Subject to section 222(g)(2), 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.--Notwithstanding section 
          222(g)(2), 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.
      ``(d) Disclosure of Penalties.--In the case of any application or 
  petition by or on behalf of an alien for admission to the United 
  States, the Secretary of State or the Secretary of Homeland Security 
  shall provide the alien with notice of the penalties under this section 
  and section 275 on receipt of the application or petition, and again at 
  the time of admission.''.
      (b) Clerical Amendment.--The table of contents of the Immigration 
  and Nationality Act is amended by inserting after the item relating to 
  section 274D the following:
  
  ``274E. Visa overstays.''.
  
  SEC. 2. EFFECT OF VISA REVOCATION.
  
      (a) In General.--Section 221(i) of the Immigration and Nationality 
  Act (8 U.S.C. 1201(i)) is amended by inserting before the final 
  sentence the following: ``A revocation under this subsection shall 
  automatically cancel any other valid visa that is in the alien's 
  possession.''.
      (b) Effective Date.--The amendment made by subsection (a) shall 
  take effect on the date of the enactment of this Act and shall apply to 
  revocations under section 221(i) of the Immigration and Nationality Act 
  (8 U.S.C. 1201(i)) occurring on or after such date.
  
  SEC. 3. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL.
  
      Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) 
  is amended--
              (1) 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 
          judge, or any other immigration proceedings before the Attorney 
          General, the Secretary of Homeland Security, or any appeal of 
          such a proceeding'';
              (2) by striking ``(at no expense to the Government)''; and
              (3) by adding at the end the following ``Notwithstanding 
          any other provision of law, in no instance shall the Government 
          bear any expense for counsel for any person in proceedings 
          described in this section.''.
  
  SEC. 4. SHARING VISA RECORDS WITH FOREIGN GOVERNMENTS.
  
      Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 
  1202(f)) is amended--
              (1) in paragraph (1), by striking the period at the end and 
          inserting a semicolon;
              (2) by redesignating paragraph (2) as paragraph (3); and
              (3) by inserting after paragraph (1) the following:
              ``(2) 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 States, or any information 
          contained in those records, if the Secretary determines that it 
          is in the national interests of the United States; and''.
  
  SEC. 5. ACCESS TO NATIONAL CRIME INFORMATION CENTER FILES FOR VISA 
                ADJUDICATIONS RELATING TO DIPLOMATS AND OTHER GOVERNMENT 
                OFFICIALS.
  
      Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) 
  is amended by adding at the end the following:
      ``(i) In the case of an alien described in one of clauses (i) 
  through (iv) of subsection (h)(2)(E) who has applied for a visa, 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 issued.''.
target: This bill amends the Immigration and Nationality Act to subject any alien who remains in the United States after any visa or status under which the alien is lawfully present has expired to: (1) a fine or imprisonment for up to six months, or both, for a first offense; and (2) a fine or imprisonment for up to two years, or both, for any subsequent offense.  Such penalties shall be waived if the overstay was due to medical necessity, public safety, or national security. An alien convicted of a first offense may not be admitted to the United States for 5 years or granted a visa for 10 years.  An alien convicted of a subsequent offense may not be admitted to the United States at all or granted a visa.  The bill expands the scope of an individual's right to counsel in immigration proceedings and appeals. The government, however, shall not bear the cost of counsel in such proceedings or appeals.  The Department of State may share visa records and related information with a foreign government if in the national interests of the United States.  The Department of Justice and the Federal Bureau of Investigation shall provide the State Department with access to National Crime Information Center files for visa adjudications involving a diplomat or government official.
feat_title: To amend the Immigration and Nationality Act to render overstaying a visa a criminal offense, and for other purposes.