[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4078 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 4078

To authorize the Governor of any State in which it is proposed to place 
 or resettle a Syrian refugee to refuse such placement or resettlement 
 if the Governor makes certain certifications, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2015

    Mr. Yoho (for himself, Mr. Jones, and Mr. Posey) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To authorize the Governor of any State in which it is proposed to place 
 or resettle a Syrian refugee to refuse such placement or resettlement 
 if the Governor makes certain certifications, 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 ``Give States a Chance Act of 2015''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) On November 13, 2015, 3 teams of radical Islamic 
        terrorists staged coordinated attacks at 6 locations throughout 
        Paris.
            (2) ISIS leader Abu Bakr al-Baghdadi ordered this cowardly 
        attack on innocent civilians.
            (3) At least one of the attackers carried a fake Syrian 
        passport and arrived among the refugees from the Syrian 
        conflict.
            (4) The recent attacks in Paris illustrate the seriousness 
        of the threats posed by extreme radical Islamic terrorists 
        groups and those sympathetic to their cause.
            (5) President Obama has stated that the United States will 
        take in at least 10,000 Syrian refugees.
            (6) The potential of ISIS and other terrorist groups 
        inserting terrorists in the flow of refugees is high, as 
        demonstrated by the attacks in Paris.
            (7) The governors of Alabama, Arizona, Arkansas, Florida, 
        Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, 
        Maine, Massachusetts, Michigan, Mississippi, Nebraska, Nevada, 
        New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, 
        Oklahoma, South Carolina, Tennessee, Texas, Wisconsin, Wyoming, 
        South Dakota, and Maryland already have stated that they are 
        opposed to receiving Syrian refugees in their States.
            (8) The primary responsibility of the Federal Government is 
        to provide for the common defense of our Nation.

SEC. 3. AUTHORITY OF STATES TO REFUSE RECEIPT OF REFUGEES.

    (a) States Authorized To Act.--The Governor of any State in which 
it is proposed to place or resettle a refugee (as defined in section 
101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(42))) who is an alien described in subsection (b) may refuse 
such placement or resettlement if the Governor certifies that the 
Governor--
            (1) has not properly been informed of the intended 
        sponsorship process for the refugee;
            (2) has determined that the proposed location for the 
        refugee within the State is inappropriate because the 
        proportion of refugees and comparable entrants in the 
        population in the location area is too high; or
            (3) is not reasonably satisfied that the refugee does not 
        post a security threat.
    (b) Aliens Described.--An alien is described in this subsection if 
the alien--
            (1) is a national of Syria; or
            (2) has no nationality and the country in which the alien 
        last habitually resided is Syria.
    (c) Limitation on Liability.--A State may not be held liable in any 
Federal civil action for any decision described in subsection (a).

SEC. 4. REVIEW OF REFUGEES TO IDENTIFY SECURITY THREATS.

    (a) Certification.--A covered refugee may not be admitted to the 
United States until the Secretary of Homeland Security, in consultation 
with the Attorney General, the Director of the Federal Bureau of 
Investigation, and the Director of National Intelligence, certifies to 
Congress that that covered refugee is not a security threat to the 
United States.
    (b) Inspector General Review of Certifications.--The Inspector 
General of the Department of Homeland Security shall review 20 percent 
of all certifications made under subsection (a) each fiscal year.
    (c) FBI Background Investigation.--The Director of the Federal 
Bureau of Investigation shall take all actions necessary to ensure that 
each covered refugee receives a thorough background investigation prior 
to admission. A covered refugee may not be admitted until the Director 
certifies that the covered refugee has received such a background 
investigation.
    (d) Definition.--The term ``covered refugee'' means any alien 
applying for admission to the United States as a refugee who--
            (1) is a national or resident of Iraq or Syria;
            (2) has no nationality and whose last habitual residence 
        was in Iraq or Syria; or
            (3) has been present in Iraq or Syria at any time on or 
        after March 1, 2011.
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