[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4038 Introduced in House (IH)]

<DOC>






114th CONGRESS
  1st Session
                                H. R. 4038

      To require that supplemental certifications and background 
investigations be completed prior to the admission of certain aliens as 
                   refugees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2015

Mr. McCaul (for himself and Mr. Hudson) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To require that supplemental certifications and background 
investigations be completed prior to the admission of certain aliens as 
                   refugees, and for other purposes.

    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 ``American Security Against Foreign 
Enemies Act of 2015'' or as the ``American SAFE Act of 2015''.

SEC. 2. REVIEW OF REFUGEES TO IDENTIFY SECURITY THREATS TO THE UNITED 
              STATES.

    (a) Background Investigation.--In addition to the screening 
conducted by the Secretary of Homeland Security, the Director of the 
Federal Bureau of Investigation shall take all actions necessary to 
ensure that each covered alien receives a thorough background 
investigation prior to admission as a refugee. A covered alien may not 
be admitted as a refugee until the Director of the Federal Bureau of 
Investigation certifies to the Secretary of Homeland Security and the 
Director of National Intelligence that each covered alien has received 
a background investigation that is sufficient to determine whether the 
covered alien is a threat to the security of the United States.
    (b) Certification by Unanimous Concurrence.--A covered alien may 
only be admitted to the United States after the Secretary of Homeland 
Security, with the unanimous concurrence of the Director of the Federal 
Bureau of Investigation and the Director of National Intelligence, 
certifies to the appropriate Congressional Committees that the covered 
alien is not a threat to the security of the United States.
    (c) Inspector General Review of Certifications.--The Inspector 
General of the Department of Homeland Security shall conduct a risk-
based review of all certifications made under subsection (b) each year 
and shall provide an annual report detailing the findings to the 
appropriate Congressional Committees.
    (d) Monthly Report.--The Secretary of Homeland Security shall 
submit to the appropriate Congressional Committees a monthly report on 
the total number of applications for admission with regard to which a 
certification under subsection (b) was made and the number of covered 
aliens with regard to whom such a certification was not made for the 
month preceding the date of the report. The report shall include, for 
each covered alien with regard to whom a certification was not made, 
the concurrence or nonconcurrence of each person whose concurrence was 
required by subsection (b).
    (e) Definitions.--In this Act:
            (1) Covered alien.--The term ``covered alien'' means any 
        alien applying for admission to the United States as a refugee 
        who--
                    (A) is a national or resident of Iraq or Syria;
                    (B) has no nationality and whose last habitual 
                residence was in Iraq or Syria; or
                    (C) has been present in Iraq or Syria at any time 
                on or after March 1, 2011.
            (2) Appropriate congressional committee.--The term 
        ``appropriate Congressional Committees'' means--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Select Committee on Intelligence of the 
                Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (E) the Committee on Foreign Relations of the 
                Senate;
                    (F) the Committee on Appropriations of the Senate;
                    (G) the Committee on Armed Services of the House of 
                Representatives;
                    (H) the Permanent Select Committee on Intelligence 
                of the House of Representatives;
                    (I) the Committee on the Judiciary of the House of 
                Representatives;
                    (J) the Committee on Homeland Security of the House 
                of Representatives;
                    (K) the Committee on Appropriations of the House of 
                Representatives; and
                    (L) the Committee on Foreign Affairs of the House 
                of Representatives.
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