[Congressional Record (Bound Edition), Volume 161 (2015), Part 13]
[House]
[Pages 18517-18538]
[From the U.S. Government Publishing Office, www.gpo.gov]




         AMERICAN SECURITY AGAINST FOREIGN ENEMIES ACT OF 2015

  Mr. GOODLATTE. Mr. Speaker, pursuant to House Resolution 531, I call 
up the bill (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, and ask for its 
immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Woodall). Pursuant to House Resolution 
531, the bill is considered read.
  The text of the bill is as follows:

                               H.R. 4038

       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.

  The SPEAKER pro tempore. The bill shall be debatable for 1 hour, 
equally divided and controlled by the chair and ranking minority member 
of the Committee on the Judiciary.
  The gentleman from Virginia (Mr. Goodlatte) and the gentleman from 
Michigan (Mr. Conyers) each will control 30 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous materials on H.R. 4038, currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I support H.R. 4038, the American Security Against 
Foreign Enemies Act of 2015.

[[Page 18518]]

  Just one example of a terrorist taking advantage of the United 
States' generous immigration policy in order to perpetrate attacks on 
Americans is too many. Unfortunately, there are too many examples to 
count. Most notable, of course, are the attacks on September 11, 2001, 
perpetrated by 19 foreign nationals who were admitted to the U.S. 
through our legal immigration system.
  The U.S. Government has the ultimate responsibility to protect its 
citizens. As such, if U.S. immigration policy allows foreign nationals 
who want to do us harm access to U.S. soil, then the immigration policy 
must be reviewed and amended.
  We are faced with such a situation right now. There is a very real 
possibility that a terrorist, particularly one from, or claiming to be 
from, Syria or Iraq, will attempt to gain access to the United States 
as a refugee. In fact, ISIS is making no secret of their plans to have 
their members infiltrate groups of Syrian refugees. We should take ISIS 
at its word.
  Of course, our hope is that such an individual would be screened out 
through the refugee vetting process. Unfortunately, we have heard time 
and time again from top counterterrorism and intelligence officials 
that the current vetting process cannot prevent such an individual from 
receiving refugee status.
  In fact, just late last month, FBI Director James Comey told the 
Judiciary Committee that with a conflict zone like Syria, where there 
is ``dramatically'' less information available to use during the 
vetting process, he could not ``offer anybody an absolute assurance 
that there is no risk associated with'' admitting Syrian nationals as 
refugees.
  He told another House committee that ``we can only query against that 
which we have collected. And so if someone has never made a ripple in 
the pond in Syria in a way that would get their identity or their 
interest reflected in our database, we can query our database until the 
cows come home but . . . nothing will show up because we have no record 
on that person.''
  The administration's foreign policy inaction in Syria, and failure to 
take seriously the ISIS threat, are responsible for the flood of 
Syrians currently leaving their country. Of course, we all remember 
when the President told us that ISIS was the JV team. That JV team just 
murdered 120 innocent people in Paris, including at least one American. 
And the Paris JV team included at least one terrorist who was 
registered as a refugee from Syria.
  H.R. 4038 requires certification by the FBI Director that the 
security vetting process is sufficient to prevent an individual who is 
a security threat from being admitted as a refugee. The bill also 
requires that the DHS Secretary, FBI Director, and Director of National 
Intelligence certify to Congress that each refugee is not a security 
threat prior to his or her admission to the United States.
  In addition, H.R. 4038 requires the DHS Inspector General to review 
such certifications annually and report its findings to Congress. The 
certification procedures apply to aliens who are nationals of Iraq or 
Syria, those who have no nationality and whose last habitual residence 
was in Iraq or Syria, or who have been present in those countries at 
any time on or after March 1, 2011.
  H.R. 4038 puts the administration on notice that their lax attitude 
toward this issue will no longer be tolerated. And it puts the 
administration on notice that Congress is not yet finished reforming 
refugee policy.
  In fact, our committee has been hard at work long before the Paris 
attacks working on legislation to make necessary security-related and 
other changes to the U.S. Refugee Admissions Program. We look forward 
to moving that legislation through the House.
  H.R. 4038 is not meant to be the sole solution to the security 
problems we face in vetting Syrian and other refugees, but it is an 
important first step. I look forward to Congress taking additional 
action to ensure America's safety.
  I thank the gentleman from Texas and the gentleman from North 
Carolina for the work they have done on this bill. I urge my colleagues 
to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker and Members, the so-called American SAFE Act purports to 
make us safer. But as the administration has so correctly observed, 
this measure would provide no meaningful additional security for the 
American people. Worse yet, it would effectively deny refugee status 
for Syrians and Iraqis who are themselves victims of terrorism in their 
own homelands.

                              {time}  1145

  H.R. 4038 is a terribly flawed and inhumane bill for many reasons. To 
begin with, while ensuring the safety of all Americans should be our 
top priority, H.R. 4038 does nothing to achieve this goal.
  This measure sets unreasonable clearance standards that the 
Department of Homeland Security simply cannot meet. Refugees seeking to 
come to our shores are already subject to the highest level of vetting, 
more than any other traveler or immigrant to the United States.
  This extensive screening process is performed by the Department of 
Homeland Security, the State Department, in conjunction with the 
Central Intelligence Agency, the Federal Bureau of Investigation, and 
other law enforcement and intelligence agencies. The process utilizes 
methodical and exhaustive background checks that often take up to 24 
months, on average, to complete, and even longer, in some cases.
  We must keep in mind that our Nation was founded by immigrants and 
has historically welcomed refugees when there is suffering around the 
globe. Whether it is an earthquake in Haiti, a tsunami in Asia, or 4 
years of civil war in Syria, with no end in sight, the world looks 
always to the United States. We provide protections for refugees and 
asylum seekers, especially women and children.
  Nevertheless, in the wake of the September 11 attacks on our shores 
and the tragic November 13 terrorist attacks in Paris, we must be 
vigilant, particularly in the midst of a global refugee crisis.
  H.R. 4038, however, is an extreme over-reaction to these latest 
security concerns. Rather than shutting our doors to these desperate 
men and women and children who are risking their lives to escape death 
and torture in their own homelands, we should work to utilize our 
immense resources and good intentions of our citizens to welcome them.
  Finally, Congress needs to do its part by properly funding refugee 
resettlement as well as funding our Federal agencies so they have the 
necessary personnel and programs to complete security checks that we 
already have in place. Instead of slamming our doors to the world's 
most vulnerable, we should be considering legislation to strengthen and 
expand refugee programs.
  Unfortunately, the bill before us today is not a serious effort to 
legislate, and it will not make us safer. It is a knee-jerk reaction, 
as evidenced by the fact that this measure was introduced just 2 days 
ago, and has not been the subject of a single hearing or any meaningful 
review by our committee.
  Rather than betraying our values, we must continue to focus on the 
most effective tools to keep us safe, while also providing refuge for 
the world's most vulnerable.
  Accordingly, I urge all of my colleagues to oppose H.R. 4038.
  I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I yield 5 minutes to the gentleman from 
Texas (Mr. McCaul), the chairman of the Homeland Security Committee, 
and the chief sponsor of this bill.
  Mr. McCAUL. Mr. Speaker, I want to first thank the gentleman from 
Virginia, the chairman of the Judiciary Committee, for his work on this 
legislation.
  I rise today to urge my colleagues to support the American Safe Act.
  Let me be clear. We are a nation at war. The world was reminded last 
week that Islamic terrorists are seeking to

[[Page 18519]]

harm our people, destroy our way of life, and undermine the 
foundational principles of the free world.
  Sadly, with the news that at least one of these terrorists may have 
infiltrated Europe posing as a Syrian refugee, the Paris attacks appear 
to confirm our worst fears, that, of the thousands of foreign fighters 
who have gone to Syria and Iraq to join ISIS, some would be deployed to 
bring terror back to the West.
  The world is now looking at America for leadership and for a clear-
eyed understanding of the threat.
  ISIS is not ``contained,'' as the President says. ISIS is expanding 
globally and is plotting aggressively. The group is now responsible for 
more than 60 terrorist plots against Western targets, including 18 in 
the United States.
  Here in the homeland, we have arrested more than one ISIS supporter a 
week in the past year, and the FBI says it has nearly 1,000 ISIS-
related investigations in all 50 States.
  Today, we must take decisive action to show the American people that 
we are doing all that we can to protect our country. We must listen to 
the words of our enemies.
  ISIS has vowed, in their words, to exploit the refugee process, to 
sneak operatives, to infiltrate the West, and they appear to have 
already done that, to attack our allies.
  For nearly a year, intelligence and law enforcement agencies have 
warned Congress, both publicly and privately, that they are alarmed by 
intelligence collection gaps and our ability to weed out terrorists 
from the refugee process.
  FBI Director Comey testified before my committee and stated: ``We can 
query our databases until the cows come home, but nothing will show up 
because we have no record of them.''
  Homeland Security Secretary Johnson said: ``We know that 
organizations like ISIS might like to exploit this program.''
  This is an administration official's words, not mine.
  This legislation would add two important layers to our defenses, 
creating the most robust national security screening process in 
American history for any refugee population.
  The American SAFE Act also strikes an important balance between 
security and our humanitarian responsibilities. It sets up roadblocks 
to keep terrorists from entering the United States, while also allowing 
legitimate refugees who are not a threat to be resettled appropriately.
  Let us not forget, this legislation is the first in a series of steps 
we must take to defend the homeland, but ultimately, to win this war, 
we must take the fight to the enemy.
  Last week, the streets of Paris could just have easily been the 
streets of New York or Chicago or Houston or Los Angeles.
  But as I have said before, our long-term message to these terrorists 
must be clear. You may have fired the first shot in the struggle but, 
rest assured, America will fire the last.
  Mr. CONYERS. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
California (Ms. Lofgren), one who has worked harder on this issue than 
anyone I know.
  Ms. LOFGREN. Mr. Speaker, all of us watched with horror the events in 
Paris. November 13 was France's September 11.
  And all of us have paused to consider what further should be done to 
make sure that America is safe because our first obligation, as Members 
of Congress, is to make sure that America is safe.
  So, as we watch the refugees from the Middle East pouring into 
Europe, concern has been expressed--and I think correctly--who are 
these people hidden among the many helpless victims? Are there those 
who would pose a threat?
  It is worth noting that our process for refugees is completely 
different. No one gets into the United States unless they have been 
completely vetted. This process starts with the U.N. referring only 
those people who are vulnerable, who have been tortured, who have been 
victimized, who are helpless women and children, for screening by us.
  We have a process that includes soliciting information from the DEA, 
from the intelligence agencies, from the FBI, and the like. All of 
those agencies have a veto. If there is a problem, they veto the 
admission. The process takes 2 years or more, and a very small number 
of people actually are admitted.
  Of the 2,000 or so Syrian refugees who have been admitted to the 
United States, the overwhelming majority are children and widows who 
have been victims of torture, who have seen their husbands beheaded.
  The bill before us, as has been described by the Speaker and the 
author, would stop the refugee program. They call it a pause. They 
would stop it because it completely restructures the very elaborate 
system that we have.
  By putting the FBI as the lead agency, they would have to hire 
agents, send them over. It would be a pause. That is what they have 
described. We think it would take a couple of years to start up.
  Now, why is that a bad idea?
  ISIS is our enemy, and we need to fight them, and we need to defeat 
them. But we are fighting on two levels; one, military, but also, this 
is a fight of values.
  America stands for freedom. We are the beacon of light, of democracy, 
of freedom in the world. And part of that value of America is allowing 
people who are escaping monsters like ISIS to be able to become 
Americans like us.
  We need to screen and make sure that we are completely safe. But if 
we stop that program, we give ISIS a win.
  Please defeat this bill.
  Mr. GOODLATTE. Mr. Speaker, I yield 5 minutes to the gentleman from 
North Carolina (Mr. Hudson), the chief cosponsor of the legislation.
  Mr. HUDSON. Mr. Speaker, America is a compassionate country. We are a 
good country. We have a long history of accepting refugees, people 
fleeing oppression and violence.
  But we also have an obligation to the American people. As we welcome 
people into this country who are seeking asylum, we owe it to the 
American people to know who these people are. And when you have got a 
terrorist group like ISIS, who has said that they will exploit this 
refugee crisis to infiltrate America--this is an organization that has 
said their goal is to come to America and kill Americans--I take them 
at their word.
  The number one responsibility of this body is to protect the American 
people. It is not me saying that we have challenges with the current 
vetting process; it is experts from President Obama's administration.
  I draw your attention to the first quote here from Jeh Johnson: ``It 
is true that we are not going to know a whole lot about the Syrians 
that come forth in this process.'' That is definitely a challenge. That 
is the Secretary of Homeland Security.
  I draw your attention to the next quote from Director James Comey of 
the FBI: ``We can only query against that which we have collected, and 
so if someone has not made a ripple in the pond in Syria in a way that 
would get their identity or their interest reflected in our databases, 
we can query our data until the cows come home, but nothing will show 
up because we have no record of that person.''
  This is not me saying that. This is not Republicans saying that. 
These are officials in President Obama's administration saying that the 
current process is broken, that we are bringing in these refugees that 
we cannot properly vet.
  So our legislation simply says: Let's stop this flow unless and until 
the law enforcement experts that President Obama has appointed, the FBI 
Director, the Secretary of Homeland Security, can vouch for the fact 
that we have a process in place that they are comfortable with.
  How radical is that?
  This is common sense, and that is why our polls show that as many as 
75 percent of the American people support this measure.

                              {time}  1200

  Mr. Speaker, I know the President has issued a veto threat, but I 
hope that today in this House we can come together, Republicans and 
Democrats, and respond to the will of the American people and do our 
primary job to keep them safe so we can have a bipartisan vote that 
doesn't say no refugees,

[[Page 18520]]

it doesn't say stop Syrian refugees, and it doesn't say don't ever let 
them in again. It says pause the program unless and until the law 
enforcement experts are comfortable that we have got a process.
  Mr. Speaker, I urge my colleagues on both sides of the aisle to 
support this legislation.
  Mr. GOODLATTE. Mr. Speaker, I yield the remainder of my time to the 
gentleman from South Carolina (Mr. Gowdy), the chairman of the 
Immigration and Border Security Subcommittee, and ask unanimous consent 
that he be able to control that time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. GOWDY. Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentleman from New 
York (Mr. Nadler), a distinguished member of the House Judiciary 
Committee.
  Mr. NADLER. Mr. Speaker, I rise in opposition to this irresponsible 
bill that would effectively block the settlement of Syrian refugees in 
the United States for years.
  The shocking and tragic events in Paris have touched people all over 
the world and strengthened our resolve to defeat the terrorists who are 
responsible for these heinous acts, for bombing a Russian airliner, and 
for carrying out deadly bombings in Beirut. But defeating terrorism 
should not mean slamming the door in the faces of those who are fleeing 
the terrorists. That is why I am appalled by the actions of this House 
and by some of the words of my colleagues today.
  Mr. Speaker, the United States has always been and should always be a 
place of refuge. Remember, the Syrian refugees are running away from 
ISIS. They are running away from war, from terror. The are its victims. 
To stop thousands of desperate people who are fleeing unspeakable 
violence is unconscionable. We might as well take down the Statute of 
Liberty.
  Countries with much smaller populations like Lebanon and Turkey have 
agreed to take 1 million refugees or more. Even France just announced 
they are increasing the number of Syrian refugees they are accepting. 
We in the United States are talking about a mere 10,000. These refugees 
are subject to an extensive vetting process which can take up to 24 
months.
  But the real danger America faces is that ISIS, through its 
propaganda, can radicalize people already here and inspire them to 
attack the United States from within. In Paris we saw that several of 
the attackers were European nationals who could enter the United States 
without being vetted, so it is ridiculous to assert that by denying 
access to refugees, we would be making America safer.
  We face a choice that will echo through history. In 1924, a racist, 
xenophobic, and anti-Semitic Congress passed legislation slamming the 
door shut on Jewish, Italian, Greek, and Eastern European immigrants. 
The Almanac of American Politics said that, if it weren't for the 1924 
Immigration Act, perhaps 2 million of the 6 million Jews who were 
murdered in the Holocaust would have been living safely in the United 
States instead.
  Back then we shut our doors to people in desperate need. We must not 
do so again. We must not let ourselves be guided by irrational fear. We 
have a moral obligation and, for those who care, a religious obligation 
to extend a hand to those in need.
  Mr. Speaker, I urge my colleagues to oppose this bill.
  Mr. GOWDY. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. McCarthy), the majority leader.
  Mr. McCARTHY. Mr. Speaker, I thank the gentleman for yielding, and I 
thank those who have worked on the bill, Congressman Richard Hudson, 
Chairman Mike McCaul, a number of other committee chairmen, Chairman 
Goodlatte, and others.
  Mr. Speaker, this is not an issue that comes before us just because 
of action that happened recently--a horrific action. Mr. Speaker, our 
duty is to protect the American people. Without security, we cannot 
have freedom. Without security, we cannot help others abroad.
  The American people are generous, and we want to help those in the 
world suffering from terrorism and civil war. The fact that America 
gives far more in foreign aid than any other country in the world is a 
testament to our generosity. In 2014, we gave over $6.5 billion in 
humanitarian foreign aid alone. That doesn't even count the millions of 
dollars that privately have been offered by American people.
  But, Mr. Speaker, being generous does not mean we have to have a weak 
screening process for refugees, especially for those coming from Iraq 
and Syria where we know people are there who seek to do us harm and are 
looking to exploit a weak process. It is wrong to condemn a strong 
screening process using the language of charity and morality.
  When we allow refugees into this country, we must be guided by one 
single principle: If you are a terrorist or you are a threat to our 
country, you are not getting in, period. The bill before us increases 
the standards to keep those who want to do us harm out.
  But America is not saying ``no'' to refugees. America always stands 
as a beacon of hope for everyone fleeing oppression and terror. Nothing 
will stop us from protecting the innocent while continuing our fight 
against evil. Instead, this bill puts a pause on our refugee program 
until we are certain that nobody being allowed in poses a threat to the 
American people.
  To those who do not even want to consider increasing accountability 
in our refugee process--and to the President, who announced that he 
wants to veto this bill--let me tell you this: It is against the values 
of our Nation and the values of a free society to give terrorists the 
opening they are looking for to come into our country and harm the 
American people, and we have an obligation to stop that from happening. 
In the debate we are having on the refugee crisis, we should not lose 
sight of the root of the problem. The real problem is ISIL and our lack 
of strategy to destroy them.
  It astounds me that the President refuses to face reality and admit 
that his strategy is failing. ISIL controls territory the size of 
Maryland. Attacks in Paris, Beirut, and Egypt show that ISIL is not 
contained to Iraq and Syria. Every day ISIL continues to exist is 
another day they can train, recruit, and radicalize more people to 
continue their war on the civilized world and threaten the safety of 
the American people.
  Mr. Speaker, this danger is real, and nothing can replace a winning 
strategy. Here in the House, we will not accept half measures. We are 
committed to keeping America safe. That is why I ask all in the House 
to support this bill.
  Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee), a distinguished member of the House Judiciary 
Committee.
  Ms. JACKSON LEE. Mr. Speaker, I have been on the Homeland Security 
Committee since the heinous and vile acts of 9/11. I have often said 
that I was at Ground Zero, and I had the misery of seeing the recovery 
that was still occurring at that time. I take no backseat to the 
concern and love for this Nation, as I know that neither do my 
colleagues on both sides of the aisle.
  But, Mr. Speaker, this legislation is divided in a simple premise: no 
to refugees, stop the refugee program, turn your back on children, 
women, and old people broken and bent. This side is saying that 
America's values can parallel the love, respect, and commitment to the 
national security of this Nation.
  ISIL is determined to divide this bipolar world; divide it between 
Muslims who share the distorted and profane interpretation and those 
who live every day under the sun who love freedom. We do not define the 
faith by those who kill us and maim us. As President Franklin Delano 
Roosevelt said: ``The only thing we have to fear is fear itself''--
nameless, unreasoning, and unjustified terror which paralyzes needed 
efforts to convert, retreat, and advance.

[[Page 18521]]

  This is the extensive, extensive review that only a small number of 
Syrians go through that are able to get in this country from refugee 
camps. That is the only place they come from. This is the extensive 
one.
  I say to the President, certify it now.
  But what this legislation does is requires that the 5-year-old Syrian 
girl that has lived most of her life in a Jordanian camp must be 
certified by four or five individuals who are already in the process of 
the certification.
  There are 60 million individuals who are displaced across the globe 
now. Twenty percent of them are Syrians fleeing the conflict that has 
taken 240,000 lives. Right now the FBI has 50 terrorist cells being 
investigated. They cannot count them as Syrian refugees.
  This is the wrong direction. Let us follow our values, Mr. Speaker. 
Vote that bill down and bring refugees who are already certified. This 
bill is unnecessary. It stops the refugee program. Where is our mercy?
  Mr. GOWDY. Mr. Speaker, I yield 3 minutes to the gentleman from 
Kentucky (Mr. Rogers), the chairman of the Appropriations Committee.
  Mr. ROGERS of Kentucky. Mr. Speaker, I thank the gentleman for 
yielding.
  Mr. Speaker, I rise today first to reaffirm our solidarity with the 
people of France, our brethren in Beirut, and the families of the 
victims of Metrojet Flight 9268 who perished over the skies of the 
Sinai. The senseless and unspeakable violence, the blind fanaticism, 
the utter and irrational hatred for human life by ISIS, together they 
present a threat not just to national and global security, but also to 
the fundamental values that constitute the very fiber of civilization.
  Mr. Speaker, ISIS must be stopped. The violence must end. And the 
United States must do more--more to stamp out this evil, more to 
eradicate the threats posed here and abroad, and more to ensure that 
Americans can tuck in their children at night with a feeling of 
security that they will be waking up tomorrow morning for school free 
from fear. That is why we must support the SAFE Act. It is thoughtful, 
and it will further one of our principal national security priorities--
keeping Americans safe--as we work to eliminate the threat posed by 
ISIS.
  The instability in Syria and the surrounding region has continued 
unabated for more than 4 years, and we have witnessed an indescribable 
humanitarian crisis because of the brutality of the Assad regime and 
radical Islamic groups such as ISIS.
  In the wake of the Paris tragedy, we must step back and review the 
procedures in place for admitting refugees resulting from this conflict 
coming into our country. We can and must implement a system that 
assists the victims of the tragedy but that also prioritizes American 
security first.
  H.R. 4038 will ensure that no refugee from Iraq or Syria steps foot 
on U.S. soil without the Secretary of the Department of Homeland 
Security, the FBI Director, and the highest intelligence officer 
certifying that each refugee is not a security threat to the U.S. The 
Department of Homeland Security, the FBI, and the Director of National 
Intelligence must unanimously certify that a person seeking refuge in 
this country does not represent a security threat. This is an 
unprecedented vetting process to ensure dangerous people do not slip 
through the cracks.
  I urge your support, all in this Chamber, so we can provide our 
military and intelligence personnel with the best possible chance for 
success as they work to keep us safe.
  Mr. Speaker, I urge support for the bill.
  Mr. CONYERS. Mr. Speaker, I yield 5 minutes to the gentleman from 
Mississippi (Mr. Thompson), ranking member on the Homeland Security 
Committee.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I appreciate the generosity 
from my colleague from Michigan on the time.
  Mr. Speaker, we live in uncertain and dangerous times with ever-
evolving terrorist threats. The brutality that ISIL has inflicted on 
innocent people is both chilling and demands action.
  As Members of Congress, we have a responsibility to do all we can to 
protect our citizens. In the wake of the Paris attacks, questions have 
been raised about the screening system that the U.S. utilizes and 
whether it can be exploited by terrorists.

                              {time}  1215

  In light of those questions, Mr. Speaker, I include in the Record a 
letter from the Department of Homeland Security former Secretary Janet 
Napolitano and former Secretary Michael Chertoff supporting the current 
system of vetting refugees.

                                                November 19, 2015.
     Hon. Barack Obama,
     President of the United States,
     The White House, Washington, DC.
       Dear Mr. President: Following the creation of the 
     Department of Homeland Security, substantial progress has 
     been made in protecting our nation's homeland. The ongoing 
     efforts by our national security experts have provided tools 
     and resources to make a coordinated attack like the one in 
     Paris last week much more difficult to achieve here at home. 
     As a nation, we have strengthened security at our air, land, 
     and sea ports; we have strengthened the ability to monitor 
     the travel of bad actors and detect fraud in our visa 
     process; we have strengthened partnerships with state and 
     local law enforcement across the nation to ensure that they 
     are prepared; and we have engaged with minority and ethnic 
     communities to prevent homegrown radicalization.
       As former Secretaries of the U.S. Department of Homeland 
     Security, it is our view that the American people are safer 
     due to these efforts, but the Paris attacks remind us that we 
     must remain ever-vigilant in this effort and that the highest 
     priority of our government is to keep Americans safe. It is 
     our view that we can achieve this mission in a manner that is 
     consistent with American values of openness and 
     inclusiveness. With respect to refugees seeking to resettle 
     here, it is our view that we can admit the most vulnerable of 
     these refugees into this country safely as long as we do not 
     compromise the already established protections. The process 
     for any refugee seeking entry to the United States requires 
     the highest level of scrutiny from a law enforcement and 
     national security perspective. The process takes place while 
     the refugees are still overseas, and it is lengthy and 
     deliberate--taking an average of 18-24 months with no waiver 
     of any steps. First, we consider only the most vulnerable--
     particularly survivors of violence and torture, those with 
     severe medical conditions, and women and children--for 
     potential admittance to the U.S. Once a candidate is selected 
     they are subjected to biographic and biometric security 
     reviews based on the latest intelligence from the Department 
     of Homeland Security (DHS), the National Counterterrorism 
     Center, the FBI's Terrorist Screening Center, the Department 
     of State, and the Department of Defense. If they pass these 
     national security checks, they will then be personally 
     interviewed by specially trained DHS personnel to ensure they 
     are qualified for admittance. They are then subjected to 
     recurrent vetting up to the final point of departure and a 
     final interview at the border before being admitted into the 
     U.S.
       The process that is currently in place is thorough and 
     robust and, so long as it is fully implemented and not 
     diluted, it will allow us to safely admit the most vulnerable 
     refugees while protecting the American people. Fortunately, 
     these goals are not mutually exclusive.
           Sincerely,
     Janet Napolitano,
       Former Secretary (2009-2013), Department of Homeland 
     Security.
     Michael Chertoff,
       Former Secretary (2005-2009), Department of Homeland 
     Security.

  Mr. THOMPSON of Mississippi. Mr. Speaker, in recent days, however, we 
have seen a number of Governors, including the Governor of my home 
State, choose fear over facts. If they had done their research, they 
would have learned that our program is an extensive 13-step process.
  It starts with a referral from the United Nations of a prescreened 
person within its refugee camps, requires the Department of Homeland 
Security to do in-person interviews, and subjects each applicant to 
recurring vetting against the Department of Homeland Security, the 
State Department, FBI, Department of Defense, and intelligence 
community terrorist and criminal databases. No excuses, Mr. Speaker. If 
any one of those reviews pops up with a problem, that person can't be 
considered for the refugee program--no excuses.

[[Page 18522]]

  Unlike in Europe, where migrants crossed into countries that had 
little opportunity to vet them, no alien is allowed onto U.S. soil 
until all the checks are completed to DHS' satisfaction. As has already 
been said by my colleague, Zoe Lofgren, it takes about 18 to 24 months 
to process an applicant for refugee status.
  Now, that processing is thorough, Mr. Speaker, and it is complete. 
But there has been a reference to a stolen passport in the Paris 
situation. That person, if they had applied for the refugee program, 
would have had to go through the same process of vetting that would 
have required at least 18 to 24 months. So the thought that that person 
could just get on a plane and get here to this country is actually not 
accurate, and that is my effort to perfect the record.
  Our system of vetting is a multi-layered, multi-agency approach where 
the FBI has veto authority on any applicant seeking refugee status. 
While no system is risk free, the protections in place in the American 
system are rigorous, robust, and extensive.
  In fact, Mr. Speaker, yesterday a witness that the majority invited 
to appear before our committee, Matthew Olsen, the former Director of 
the National Counterterrorism Center, told our committee that no 
refugee program in the world is as extensive as what we do in the 
United States.
  Yet, here we are today considering H.R. 4038, a bill that would upend 
the current system, which was developed by security personnel with one 
thought in mind: to protect the homeland. And these security personnel 
have done a wonderful job.
  To the knowledge of all of us, none of the refugees that we are 
talking about from Syria or Iraq who came through this system have done 
anything but been model citizens since they have been here. Just for 
the record, there were 23,000 people that applied for refugee status 
from these two countries. Of those 23,000, about 7,000 were actually 
interviewed. Of those 7,000, only 2,000 were admitted.
  So, Mr. Speaker, our system is robust. It works and it speaks to our 
values as Americans. I am proud to say that people who are abused, 
people who are oppressed, can still look to this country, follow the 
rules. If those rules are properly applied, they can look to America as 
somewhere they can call home, because most of those individuals 
applying for refugee status can't go home.
  Once again, I call on Members to embrace facts over fear, Mr. 
Speaker, and vote against H.R. 4038.
  Mr. GOWDY. Mr. Speaker, I yield 3 minutes to the gentleman from Texas 
(Mr. Poe).
  Mr. POE of Texas. Mr. Speaker, I thank the gentleman from South 
Carolina for the time.
  Mr. Speaker, ISIS is at war with the United States. The question is: 
Is America at war with ISIS? I am not so sure, since we don't have a 
strategy to defeat ISIS, other than if we are attacked, shelter in 
place, hunker down, get more security guards around the Capitol, use 
the tunnels rather than walk outside. That is what we were told after 
the Paris attacks, Mr. Speaker.
  This legislation is really simple. It has at its core the idea to 
protect American citizens. It has nothing to do with refugees as far as 
whether we accept refugees. Our country accepts refugees. We always 
have. That is clear. It is not the issue of refugees. It is the issue 
of letting ISIS terrorists get into the country to kill us, Mr. 
Speaker.
  Our own security that the gentleman from Mississippi kept talking 
about tells us we cannot vet Syrian refugees. The FBI Director says 
that. We can't do it. We are not capable of doing it. One of the 
reasons is many of these folks have no identity. So we can't do a 
background check on somebody who has no identity.
  This legislation says let's take some safeguards. Before we bring in 
these specific refugees, let's make sure that the people in charge of 
security certify that this person is not a threat. They can't do it 
right now. Even the FBI Director says they can't certify. We owe that 
to the American public. This legislation does that.
  The gentleman from Mississippi is correct that 31 Governors of the 
States say: Wait a minute. Not so fast. Find out who these people are.
  I think the Governors of the States get it right. They ought to have 
the ability, I think, to decide whether people should come to their 
State or not only after a security check.
  So this legislation is a step to protect America, one of the things 
we are supposed to do. The legislation is coming up quickly. Why? 
Because it is an immediate threat. We have got refugees being bombed 
over in Syria. If we are going to take them in, let's at least have a 
plan to protect not only us, but those refugees.
  That plan is in this legislation. It seems to me it would be 
irresponsible not to pass the legislation to require a certification of 
everybody that comes into America so that America could be safe because 
that is our responsibility, Mr. Speaker.
  And that is just the way it is.
  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Washington (Mr. McDermott).
  Mr. McDERMOTT. Mr. Speaker, this bill is nothing but a PR piece that 
could have been written by Joseph Goebbels, who said, If you can make 
people afraid, you can make them do anything. What you are seeing here 
is the Republican's attempt to panic the American people that there is 
not a system in place.
  Let me tell you about this system that is there. Mr. Thompson from 
Mississippi said what is really there. I helped a woman who for 2 years 
was a translator for American troops in Iraq. She was so good she saved 
lots of people's lives. She was so good that the enemy put a mark on 
her and said they were going to kill her. So she had to go into hiding.
  It took her from January 2007 until September 2007 to get the papers 
and the witnesses and all the information necessary to get her into the 
United States. Somebody who had put her life on the line for us, our 
soldiers, it took 9 months to get her in. Then her mother and her 
brothers and sisters, who were 16 and 12 and 9, it took them 2 years to 
get into this country.
  We have a robust system that is working. This bill is PR bologna. We 
ought to vote ``no.'' It sends the wrong message. It says only White 
Christians can come into this country.
  Mr. GOWDY. Mr. Speaker, I yield 3 minutes to the gentleman from Texas 
(Mr. Hensarling), the chairman of the Financial Services Committee.
  Mr. HENSARLING. Mr. Speaker, I thank the gentleman for yielding and 
for all of his work to make our Nation more secure.
  Mr. Speaker, I do rise in support today of the safety and security of 
the American people. As Members of Congress, we have no more sacred 
responsibility. Thus, I rise in support of the American SAFE Act.
  Now, I join all Americans and all the people of the world in standing 
with the people of Paris. We are so sobered as to what happened to 
their homeland, but we are also sobered by the challenge and the grave 
responsibility to thwart the same evil from coming to our homeland.
  The Director of the FBI testified before Congress just last month 
that a number of people who were of serious concern were able to slip 
through screenings of Iraqi refugees. That is what the Director of the 
FBI said. This disturbing information, Mr. Speaker, obviously raises 
very serious red flags about lapses in the security within our current 
refugee vetting system.
  Again, it is why I support and I encourage all Members to support the 
American SAFE Act of 2015. It would effectively hit the pause button on 
the refugee program, not the stop, but the pause button.
  It is simple legislation. It simply requires more rigid standards so 
that the FBI, the Department of Homeland Security, and the Director of 
National Intelligence would positively certify that each refugee from 
Iraq and Syria does not pose a security threat to us, to our homeland, 
to our families. Otherwise, they will not be permitted to set down on 
American soil. It is simple. It is common sense. It is needed.
  Mr. Speaker, our hearts also go out to the millions of refugees 
forced to flee their homes and save their lives.

[[Page 18523]]

There is no other country in the world--no other country in the world--
that has been more generous with their time and treasure to refugees 
than the United States of America.
  But today is not the day to share our territory, not until and unless 
these people can be properly vetted to ensure they don't threaten our 
families.
  Mr. Speaker, hopefully, the world has awakened that there is a very 
real threat that ISIS poses. It is not the JV team. They are not 
contained. What happened in Paris was not merely a setback.
  I urge my colleagues to take the responsibility to secure our 
homeland seriously. This will be the first of what I know will be many 
steps that this Chamber will take to address the growing threats that 
are posed to our families and our country.
  I thank the sponsor of the legislation for bringing it to the floor. 
I urge all my colleagues to adopt it.
  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Pelosi), our leader.

                              {time}  1230

  Ms. PELOSI. I thank the gentleman for yielding and for his great 
service to our country in promoting our values and strengthening our 
Nation.
  Mr. Speaker, I come to the floor in a very prayerful way today 
because we were all horrified at what happened in Paris, at what 
happened in Beirut, at what happened to the Russian airliner, to name a 
few recent incidences.
  We recognize that that is horrible and that we have to protect the 
American people from it. To do so, we must be strong, but our strength 
must also spring from our prayerfulness for those who lost their lives 
or for those whose security was threatened physically, emotionally, and 
in every other way.
  In our country, we have a relationship with France. They were our 
earliest friends. That is why in this Chamber of the House of 
Representatives, any visitor can see there are only two paintings. One 
is of our great patriarch, George Washington, our hero, our Founding 
Father.
  The other painting in this Chamber is of the Marquis de Lafayette. It 
is in recognition of the friendship that the French Government extended 
to the Colonies in our war for independence.
  Just imagine George Washington and Lafayette, a long, long 
friendship. So, while we are concerned about violence wherever it 
exists in the world, when Paris was hit in such a vicious way, in some 
ways, it hit home for us, not that the other lives were not equally as 
important.
  As we come to the floor to talk about what we do next, we take an 
oath of office--every one of us--to protect and to support the American 
people and the Constitution of the United States. Keeping the American 
people safe is our first responsibility. It is the oath we take. If the 
American people aren't safe, what else really matters?
  We understand the concern, the fear, in the country when an act of 
terrorism strikes. In fact, that is the goal of terrorists: to instill 
fear, to instill terror. We cannot let them succeed; so, we have to 
take the measures necessary to protect the American people and to be 
very strong in how we do it.
  That is why I have a problem with the bill that is on the floor 
today. It is because I think we have a much stronger, better option to 
protect the American people, and that is in the form of the Thompson-
Lofgren legislation.
  Unlike in the Republican bill, the Democratic alternative applies 
tough scrutiny to all potential refugees, not just to Syrians and 
Iraqis, as the Republican bill is limited to.
  The Thompson-Lofgren Secure Refugee Process Act would require the 
Secretary of Homeland Security to verify the identities of all refugee 
applicants. Any application that contains insufficient, conflicting, or 
unreliable information would be denied from day one.
  The bill also requires that at least five Federal agencies--the 
Department of Homeland Security, the Attorney General, the Federal 
Bureau of Investigation, the Secretary of State, the Secretary of 
Defense, the Director of National Intelligence--check all refugee 
applications against their records. Any application that indicates a 
national security or a criminal threat would be denied--all. Not Iraq-
Syria--all.
  Two former Secretaries of Homeland Security--Secretary Janet 
Napolitano and Secretary Michael Chertoff--have written about the 
process that is in existence now and which the Thompson-Lofgren 
legislation respects. The process that is currently in place is 
thorough and robust, and so long as it is fully implemented and not 
diluted, it will allow us to safely admit the most vulnerable refugees 
while protecting the American people. Fortunately, they say, these 
goals are not mutually exclusive.
  There are other things that we could be doing in a bipartisan way, 
and I would have hoped that that would have been a place we could have 
gone with this. One of them relates to closing loopholes in the Visa 
Waiver Program.
  Today our colleagues on the Senate side are putting forth their 
principles, which state: ``If an ISIS recruit attempts to travel to the 
United States on a fraudulent paper passport issued by a country that 
participates in the Visa Waiver Program, that individual would avoid 
biometric screening and an in-person interview.''
  How could we allow this loophole to exist if we are truly addressing 
this challenge in a comprehensive way?
  If the Republicans want to make the Nation safer in the face of 
terror, there is another clear area in which we should act, and that is 
we should be voting on Republican Congressman Peter King's bill in 
order to close the appalling loophole.
  It is outrageous that a person who is on the terrorism watch list--
listen to this. If someone is on the terrorist watch list, he could 
walk into a gun store and buy a gun. His bill is called the Denying 
Firearms and Explosives to Dangerous Terrorists Act.
  The visa waiver.
  Close the terrorist gun loophole.
  According to the GAO, over the last 11 years, more than 2,000 
suspects on the FBI's terrorist watch list bought weapons in the United 
States. Did you know that?
  Ninety-one percent of all suspected terrorists who tried to buy guns 
in the United States walked away with the weapons they wanted over the 
time period with just 190 rejected despite their having ominous 
histories. Listen, 5 to 1, 10 to 1, they were able to get these guns.
  Why can't we talk about guns when we talk about danger to the 
American people?
  It is outrageous that we would be slamming the door to mothers and 
children while we still allow people on the terrorist watch list to 
walk in the door of a gun store and buy a gun.
  With regard to those mothers and children, I join with labor, civil, 
human rights, and faith groups from the U.S. Conference of Catholic 
Bishops, from the Episcopalians, the Lutherans, the Methodists, the 
Presbyterians, the evangelicals, and Jewish groups. I join them in 
saying that the Republican bill before the House today fails to meet 
our values and fails to strengthen the security of the American people.
  Families in Syria and Iraq are desperately trying to escape ISIS' 
gruesome campaign of torture, rape, violence, and terror of the Assad 
regime. The Republican bill before the House today severely handicaps 
the refugee settlement in the future in our country. It slams that door 
again on desperate mothers and children who are fleeing ISIS' 
unspeakable violence.
  As Leith Anderson, President of the National Association of 
Evangelicals, said: ``Of course we want to keep terrorists out of our 
country, but let's not punish the victims of ISIS for the sins of 
ISIS.''
  Did you know this? Here are the facts.
  Since 2001--just in the last few years--only about 2,200 Syrians have 
been admitted to the United States. Half are children, and 25 percent 
are seniors. All faced an 18- to 24-month-long screening process.
  As the Refugee Council and its coalition of more than 80 faith, 
humanitarian, and human rights groups point out in their letter to 
Congress: ``Because so few refugees in the world are

[[Page 18524]]

resettled, the United States often chooses the most vulnerable, 
including refugees who cannot remain safely where they are and families 
with children who cannot receive the medical care they need to 
survive.''
  Mr. Speaker, I include for the Record the Refugee Council's letter 
with all of the cosigners.

                                          Refugee Council USA,

                                Washington, DC, November 18, 2015.
       Dear Representative: On behalf of Refugee Council USA 
     (RCUSA), a coalition of 20 non-governmental organizations 
     committed to refugee protection and welcome, I write to you 
     today to urge you to protect Syrian and Iraqi refugees and 
     the integrity of the United States refugee resettlement 
     program by voting NO on H.R. 4038--The American Security 
     Against Foreign Enemies Act 2015.
       Since 1975, the United States has resettled more than 3 
     million refugees from around the world, including 169,000 
     from Bosnia and more than 100,000 from Iraq. Three quarters 
     of a million of those refugees entered the U.S. since 2001. 
     During that time, there have been no recorded terrorist acts 
     in the United States by a refugee. That should come as little 
     surprise. Refugees are, by definition, people fleeing from 
     persecution--not persecutors themselves.
       H.R. 4038 creates a bureaucratic review process that could 
     take years to implement and would effectively shut down 
     refugee resettlement. The bill requires the Secretary of 
     Homeland Security to ``certify'' whether an individual 
     refugee is a threat or not after ``concurrence'' with the 
     Directors of the FBI and DNI. The bill does not provide 
     guidance on what the process for certification will be. This 
     process will have to be created and agreed upon by three 
     heads of agencies. Establishing such a process could take 
     years, and in the meantime, refugees who could be resettled 
     would languish in camps and dangerous situations, Syrian 
     Americans would not be able to reunite with their family 
     members, and there would be very real ramifications for 
     international refugee protection and U.S. foreign policy 
     interests in the region.
       The process, once established, would add months or years to 
     the security screening process, which is already the 
     lengthiest and most robust in the world, routinely taking 
     between 18 and 36 months. Obtaining the concurrence of three 
     heads of federal agencies for EACH REFUGEE would take years 
     and effectively put an end to the refugee resettlement 
     program. For reasons of security and safety, security and 
     medical clearances are only valid for limited periods of 
     time. During the certification process, these clearances will 
     expire. This will mean that refugees will be caught in an un-
     ending loop of security clearances that will never end.
       The bill requires reporting to thirteen congressional 
     committees on each refugee that is considered for 
     resettlement. This is unreasonably burdensome and will 
     further delay the admission of refugees, cause security 
     clearances to expire, and effectively end the program.
       Refugees are already the most vetted non-citizens in our 
     country. All refugees undergo thorough and rigorous security 
     screenings prior to arriving in the United States, including 
     but not limited to multiple biographic and identity 
     investigations; FBI biometric checks of applicants' 
     fingerprints and photographs; in-depth, in-person interviews 
     by well-trained Department of Homeland Security officers; 
     medical screenings; investigations by the National 
     Counterterrorism Center; and other checks by U.S. domestic 
     and international intelligence agencies. Supervisory review 
     of all decisions; random case assignment; inter-agency 
     national security teams; trained document experts; forensic 
     testing of documents; and interpreter monitoring are in place 
     to maintain the security of the refugee resettlement program. 
     Due to technological advances, Syrian refugees are also 
     undergoing iris scans to confirm their identity through the 
     process.
       The bill is a waste of resources. Funds used to establish 
     and run this certification process would be better used in 
     conducting actual security reviews of refugees and others who 
     are vetted by these agencies.
       The bill is a pretext and requires differential treatment 
     of refugees from Syria and Iraq without providing a 
     justification for the additional verification. It is a 
     disguised attempt to stop refugees from two countries long 
     beset by internal conflict, including refugees who have been 
     in neither Syria nor Iraq for four years. Differential 
     treatment, with no clear justification, amounts to 
     discrimination on the basis of nationality without rational 
     basis.
       No terrorist attacks in the US have been committed by 
     refugees. The few non-citizens who have caused harm have come 
     to the US as tourists or through other means. This bill will 
     tell the world that the US has no interest in being part of 
     the global solution to protect the victims of the violence in 
     Syria and Iraq. It will keep US citizen family members of 
     these refugees from reuniting with their loved ones who are 
     in danger. This bill does nothing to keep the country safe, 
     is a waste of tax dollars, and is an attack on refugees and 
     immigrants--both those who are seeking safety and those who 
     are already here.
       For these reasons we ask that you vote ``no'' on H.R. 4038. 
     We also want to draw your attention to the attached letter 
     signed yesterday by 81 national organizations in support of 
     Syrian refugees.
       We appreciate your support in protecting the refugees.
           Sincerely,
                                                    Melanie Nezer,
                                       Chair, Refugee Council USA.

  Ms. PELOSI. As it is the proud American tradition, we can both ensure 
the security of our country and welcome desperate women, children, and 
seniors who are facing ISIS' brutality. As my colleague who spoke 
before me just said, our hearts go out to the refugees, but our hand of 
friendship does not. And it could.
  We could do this in a bipartisan way. If we betray our values as a 
country and slam the door in the faces of those innocent victims of 
terror, we do not strengthen our security. We weaken ourselves in the 
fight against ISIS' savage ideology.
  As the Refugee Council USA and its coalition wrote to Congress--and 
this is very important--``it would send a demoralizing and dangerous 
message to the world that the United States makes judgments about 
people based on the country they come from and their religion. This 
feeds into extremist propaganda and makes us all less safe.''
  I talked about the French to begin with. It was interesting to me to 
hear President Hollande as he spoke to thousands of people in the wake 
of the tragedy. What he said in some of his remarks at various venues 
was that France would be welcoming 30,000 refugees from Syria in the 
period ahead. With all that they have suffered, with the immediacy of 
the tragedy, with the emotion of the moment, they are still doing the 
right thing.
  The Republican bill before us does not make us safer, and it does not 
reflect our values. It does not have my support.
  Mr. GOWDY. Mr. Speaker, I yield 1 minute to the gentleman from 
Nebraska (Mr. Ashford).
  Mr. ASHFORD. Mr. Speaker, in my view, H.R. 4038 is, in fact, a 
commonsense approach to addressing the legitimate security concerns 
that my constituents and the American people have expressed to me and 
are expressing today.
  In the wake of the horrific attacks in Paris--in my view, it is a 
game-changer--we must and are obligated to reassess our existing 
procedures--and that is all this bill does--for admitting and 
monitoring refugees from countries associated with ISIS. I cannot sit 
back and ignore the concerns of my constituents and the American 
public.
  This legislation does not shut down the refugee asylum process. If it 
did, I wouldn't support it. We are simply asking the administration to 
reassure us that those coming to the United States do not pose a threat 
to the American people. We should not accept anything less from our 
Federal Government.
  I am very proud of our American legacy of being a welcoming nation, 
and I have devoted much of my professional life to that concept and 
idea. This legislation, in my view, does not diminish that legacy. 
Rather, this legislation will protect that legacy into the future and 
will reassure Americans that we are working to protect them.
  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the gentleman from New 
York (Mr. Meeks).
  Mr. MEEKS. Mr. Speaker, I think it is without question that we have 
the strongest, the most stringent, and the toughest refugee system in 
the entire world. I don't think anybody can dispute that. Yet, we are 
still humanitarians with regard to what our system is.
  This bill is called the American SAFE Act, but where our greatest 
danger lies is when rhetoric is given for ISIS to utilize in order to 
recruit American citizens--those of us who are here to radicalize 
them--and then they can go to a gun shop and buy an assault weapon.

                              {time}  1245

  If we truly want to make sure that America is safe, we should make 
sure that no homegrown or radicalized person here has access to an 
assault weapon. We should have a bill.

[[Page 18525]]

  We want every American to be safe, as I hear my colleagues talking. I 
am with you. How do we make them safe? Make sure that nobody, refugee 
or otherwise, has the ability to come to our Nation and put their hands 
on an assault weapon that can harm our people. That is what will keep 
America safe. Working together with the most stringent refugee system 
is what we need to do.
  This is just something to try to keep people from coming in who are 
running away from rape, from violence, from persecution. Young children 
and women who are widows overwhelmingly are the individuals of the 
2,000 that have been led in here.
  Let's keep America safe. Let's keep assault weapons out of our land.
  Mr. GOWDY. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Rohrabacher).
  Mr. ROHRABACHER. Mr. Speaker, I rise in support of H.R. 4038. This 
legislation will give us a pause to ensure that a benevolent safe haven 
in America is not used by terrorists to murder a large number of 
Americans. After the slaughter in Paris, it behooves us to take a close 
look to see to it that Americans will not be put in jeopardy by an 
irresponsible refugee policy or by flaws in our own system that already 
exist.
  We can be proud that our country has a tradition of assisting 
suffering refugees, but we will not be consistent with that by putting 
Americans in jeopardy.
  What could we do that might make the system better, improve the 
system, protect more Americans? If we pause for a moment, we might come 
up with some ideas. For example, let me be the first on the floor of 
the House to advocate that all people coming here, especially from the 
Middle East, be given polygraph tests. Let's give them a lie detector 
test to find out who they are. This shouldn't be an option for our 
embassies. It should be a requirement for our embassies to give such 
polygraph tests.
  Finally, we have heard several references to the Jews being sent back 
in 1938 to Nazi Germany. Well, the Jews had been targeted for genocide. 
It was wrong, it was horrible, and it was immoral for us to send them 
back and not recognize they had been targeted for genocide.
  Well, today the Christians in the Middle East are targeted for 
genocide. I hear over here: Oh, no, you are not going to let anybody in 
but Christians. No. Christians should get the priority the same way 
those Jews should have been given the priority in 1938 because, today, 
Christians are targeted for genocide in the Middle East. So we do not 
want to make the same mistake that sent the Jews back in 1938 to 
Hitler's death camps. Let's not make the same mistake and send 
Christians back because we won't give them priority because it might 
make some people upset with us.
  I call for, number one, my colleagues to join us and save the 
Christians from genocide; and number two, let's make our system better 
so Americans are not put in jeopardy by the benevolence of our own 
people.
  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Sherman).
  Mr. SHERMAN. Mr. Speaker, we want to vote for a bill to reflect the 
angst of our constituents. If you read this bill, you can't vote for 
it. It forces our three security leaders--the Director of the FBI, the 
Director of National Intelligence, and the Secretary of Homeland 
Security--to personally review, vote on, and certify each and every 
individual refugee file.
  We admitted 187 Syrian refugees last month. If our security leaders 
just spend 2 hours on each file, it will consume all of their working 
hours. ISIS cannot simultaneously and permanently incapacitate our 
security leaders. This bill does.
  Now, some will say that our security leaders just won't look at any 
of the files, that this is an underhanded way for Congress to halt all 
refugees without taking responsibility, but our security leaders are 
human. They are going to look at the picture of Aylan Kurdi--that 3-
year-old boy on the Turkish beach--and our security leaders will know 
that if they just invest a couple of hours in personally reviewing a 
file, they can save a human life. If they just spend another 2 hours, 
they can save another human life. Our security leaders will be full-
time refugee evaluators.
  This bill is not a pause bill. This is a permanent bill which 
permanently incapacitates our security agencies. Read the bill. Vote 
``no.''
  Mr. GOWDY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Mississippi (Mr. Palazzo).
  Mr. PALAZZO. Mr. Speaker, I want to thank my friend from South 
Carolina for the time.
  Mr. Speaker, we are under attack. Across the globe and here at home, 
we are being targeted. We are at war. The enemy has brought war to us. 
And make no mistake about it, this enemy is radical Muslim extremism.
  Last week in Paris, we saw a brutal reminder of just how dedicated 
our enemy is in fighting this war against us. We must fight back, and 
we must do more. The United States of America must do more.
  The President of the United States, on the very day ISIS attacked 
Paris, argued that ISIS had been contained. He was wrong. Last year, 
the President called ISIS the JV team. He was wrong. The President has 
been wrong on ISIS from the very beginning, and he is wrong now. Where 
is the strategy? Where is the willpower? Where is the leadership?
  Two years ago, Secretary of State John Kerry testified in front of 
the House Armed Services Committee about the need to arm Syrian rebels. 
I questioned this decision because we had no way of vetting these 
rebels. I told Secretary Kerry at the time: ``America is just not 
buying what you are selling.'' Two years later, the administration has 
shut down the arming of Syrian rebels because it was completely 
ineffective.
  Now, the administration wants to bring in 10,000 Syrian refugees to 
the United States, refugees who even the Director of the FBI says 
cannot be fully vetted. We cannot allow this to happen
  Mr. Speaker, today we are going to pass a strong piece of legislation 
to protect the American people. The SAFE Act will ensure the highest 
level of scrutiny is placed on every single Syrian refugee and 
effectively stop this program until we can ensure Americans are 
protected. I believe we should do more, but this is a powerful first 
step to stopping dangerous terrorists from reaching our soil.
  The President, our Commander in Chief, the one person charged with 
protecting the U.S. homeland above all others has threatened to veto 
this bill. I dare him. I dare the President to veto this bill because 
he is angrier at Republicans than he is terrorists. I dare him to veto 
this bill because he thinks his strategy is working, despite the 
devastation in Paris. I dare the President of the United States to tell 
the citizens of the United States that he is more concerned with Syrian 
refugees than the safety of the American people. I dare him.
  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Ted Lieu).
  Mr. TED LIEU of California. Mr. Speaker, I am Congressman Ted Lieu. I 
am a veteran, and I oppose the Republican legislation that would upend 
America's refugee program for Syrians and Iraqis. It is the wrong 
solution for the wrong problem.
  There has not been a single act of terrorism on American soil 
committed by a refugee. In Paris, those horrific attacks were committed 
by French and Belgian citizens. Under the Republican rationale, we 
ought to be banning travel for French and Belgians to America. If that 
sounds ridiculous, then so is scapegoating Syrian orphans, widows, and 
senior citizens fleeing persecution.
  America is a country born of persecution, forged in liberty's name 
with equality for all. We are that shining city upon the hill. We are 
better than this.
  Mr. GOWDY. Mr. Speaker, I yield 2 minutes to the gentleman from the 
great State of South Carolina (Mr. Duncan).
  Mr. DUNCAN of South Carolina. Mr. Speaker, as a Christian, I have 
compassion and sympathy for the refugees in

[[Page 18526]]

Syria. In fact, I visited with many of them in a refugee camp in 
Jordan, a camp that held about 120,000 Syrian refugees.
  We are criticized for not having compassion on this issue. Let me 
tell you, compassion cuts two ways. We should also be cognizant of the 
compassion we should show our fellow citizens here in America. That 
compassion is exemplified by using the good sense that God gave us in 
addressing this national security concern that our Nation faces.
  Our compassion should be, too, to make sure to the best of our 
abilities--and I think that is what this legislation does--is it says 
we are going to use the best of our abilities that no harm comes to our 
fellow countrymen. We should do everything we can to make sure that 
elements of evil are not introduced, due to our compassionate hearts, 
into the neighborhoods, the towns, the cities, and the States that we 
represent in this great Nation.
  We lock our doors, not because we hate the people on the outside. We 
lock our doors because we love the people on the inside. This 
legislation is a great first step to hit pause. Let's get this right 
for the people we serve in the great Nation that we swear to uphold and 
defend.
  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Speaker, my Republican friends, unlike the French 
who had the vision and courage not to scapegoat desperate Syrian 
refugees fleeing the barbarians that attacked them in Paris, this is a 
foolish attempt to thwart ISIS terrorists who won't wait 2 years to be 
vetted.
  They would do what the 9/11 hijackers did using the existing visa 
system. Are we going to pause and certify visas for students, tourists, 
or workers? Why not?
  One really objectionable portion of this bill for me is I have worked 
for 10 years to try and help the Iraqis who worked with us in Iraq 
during that war to be able to escape the tender mercies of al Qaeda and 
others with long memories who are killing and torturing them. This bill 
pulls the plug on that and condemns them to be left to the terrorists. 
I think that is reprehensible. These are people who depended upon us, 
who relied upon us. We have been working in a bipartisan way for 10 
years to help them escape to safety, and this bill would slam that door 
shut. You ought to be ashamed.
  Mr. GOWDY. I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Pennsylvania (Mr. Brendan F. Boyle).
  Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Speaker, this bill is a 
great way for Congress to appear as if it is acting and achieving 
something without actually doing anything.
  Mr. Speaker, I am proud to be a member of the Foreign Affairs 
Committee. We have had numerous hearings from the beginning of the 
year, including yesterday, on this issue specifically.
  One of the great challenges Western countries face is the problem of 
homegrown terrorism. We saw that last week in Paris when the 
overwhelming majority of those who perpetrated these acts were French 
nationals and Belgian nationals.
  So the big issue we face is: What do we do with those who hold 
European passports and who can come here easily by getting a plane 
ticket? What do we do with the problem of homegrown terrorism here in 
the U.S. among American citizens? Those are the key challenges we face 
in how we balance our civil liberties, our need for tourism, our need 
for economic bilateral relations, with our need for security. This bill 
sadly today does absolutely nothing about that.
  So we are going to pass this bill. We are going to pat ourselves on 
the back. We are going to go home and say we did something when 
actually we have done nothing to solve the problem and protect the 
security of the American people.

                              {time}  1300

  Mr. GOWDY. Mr. Speaker, I continue to reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from California (Mr. Becerra).
  Mr. BECERRA. Mr. Speaker, the safety of our fellow Americans, and 
America itself, is and must be our number one priority, our number one 
responsibility here in this Chamber. The people of America have a right 
to expect--indeed, demand--exactly that.
  Our national security screening and background system for refugees is 
the toughest in the world. That is why so few refugees from Syria have 
ever been able to receive their clearance to be accepted into this 
country.
  But then Paris, November 13, happened. Terror reigns and fear 
spreads, including here. We are reminded of 9/11. If I believed that 
this rushed legislation made our toughest of refugee screening systems 
work better, I would vote for it. If this rushed legislation only adds 
another layer of bureaucracy that makes our screening process look 
tougher and then results in denying women and children who are fleeing 
the very terrorists we seek to keep out a chance to seek that refuge 
here in this country, then I cannot support that.
  Our tradition and our values open our door, as in the past, to those 
who fled Europe to start this country in the first place. It is up to 
us to do this courageously and do it right, not with rushed 
legislation.
  Mr. Speaker, I urge a ``no'' vote.
  Mr. GOWDY. Mr. Speaker, I continue to reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the gentleman from 
Tennessee (Mr. Cohen), a member of the Committee on the Judiciary.
  Mr. COHEN. Mr. Speaker, this bill is here without having gone through 
committee. It is not our normal process. It is considered an emergency. 
It is not an emergency. Refugees will not get in this country for 1\1/
2\ to 2 years from the time they apply.
  We could come back and look at the Democratic bill, of which I am a 
cosponsor, that incorporates Mr. King's amendment to prevent terrorists 
or people on the terrorist list from getting guns, and get a Democratic 
and Republican bill that we might find we could agree on.
  Instead, we are doing this for politics, and we are doing it by 
continuing to use the pinata of President Barack Hussein Obama. This is 
an attack on the President, who has a responsibility to defend us, and 
his team is doing it. This doesn't add anything to it. It doesn't make 
us safer. It is simply a political way to attack the President, and it 
is wrong.
  Mr. Speaker, that is why I will be voting ``no.''
  Mr. GOWDY. Mr. Speaker, may I inquire how much time remains for both 
sides.
  The SPEAKER pro tempore (Mr. Duncan of Tennessee). The gentleman from 
South Carolina has 2 minutes remaining. The gentleman from Michigan has 
4 minutes remaining.
  Mr. GOWDY. Mr. Speaker, I continue to reserve the balance of my time 
until such time as my friend from Michigan has closed.
  Mr. CONYERS. Mr. Speaker, I include in the Record from today's New 
York Times Editorial Board, noted today, ``Refugees From War Aren't the 
Enemy.'' It includes, ``this measure represents election-year pandering 
to the xenophobia that rears up when threats from abroad arise. People 
who know these issues--law enforcement and intelligence professionals, 
immigration officials and humanitarian groups--say that this 
wrongheaded proposal simply would not protect Americans from `foreign 
enemies.'''

                [From the New York Times, Nov. 18, 2015]

                   Refugees From War Aren't the Enemy

                        (By The Editorial Board)

       The House is expected to vote Thursday on H.R. 4038, the 
     American Security Against Foreign Enemies (SAFE) Act of 2015, 
     which Republican sponsors say ``would put in place the most 
     robust national-security vetting process in history'' for 
     refugees, one that would ``do everything possible to prevent 
     terrorists from reaching our shores.''
       Conceived partly in response to the Paris attacks, the bill 
     seeks to ``pause'' admission of Syrian and Iraqi refugees. 
     Though there are real fears of terrorism, this measure 
     represents election-year pandering to the xenophobia that 
     rears up when threats from

[[Page 18527]]

     abroad arise. People who know these issues--law enforcement 
     and intelligence professionals, immigration officials and 
     humanitarian groups--say that this wrongheaded proposal 
     simply would not protect Americans from ``foreign enemies.''
       One of the bill's chief sponsors, Representative Michael 
     McCaul of Texas, chairman of the House committee overseeing 
     the Department of Homeland Security, surely knows how federal 
     protocols for admitting refugees work. Yet the bill 
     disregards the complicated current process, which already 
     requires that applicants' histories, family origins, and law 
     enforcement and past travel and immigration records be vetted 
     by national security, intelligence, law enforcement and 
     consular officials. This process can take 18 months to two 
     years for each person.
       Among other hurdles, the measure would require that the 
     secretary of homeland security, the director of the F.B.I. 
     and the director of national intelligence personally certify 
     that every refugee from Syria and Iraq seeking resettlement 
     here is not a threat. That's a lot of women, children, and 
     old people.
       Moreover, this bill ignores most of what the United States 
     has learned, since 9/11 and before, of how potential 
     terrorists actually reach these shores: such individuals more 
     often already live here, or they come via illegal means. 
     Unlike the refugees in Europe, those seeking resettlement in 
     the United States must apply from abroad. They don't arrive 
     until formally admitted, and about half of those seeking 
     refugee status are approved.
       So far, half of the Syrian refugees accepted into the 
     United States, officials say, have been children, and another 
     quarter are over 60 years old. Roughly half are female, and 
     many of those applying from abroad are multigenerational 
     families, often with the primary breadwinner missing. About 2 
     percent are single males of combat age.
       Given these facts, it is fair to say that the people who 
     will be denied resettlement by this bill would be the victims 
     of war, people who have been tortured and threatened by the 
     same jihadists the United States now battles. They are 
     families, they are old people and they are children, who 
     might be given a chance for an education and a future.
       This is a frightening time for Europe, and for the United 
     States. Should this bill reach his desk, President Obama is 
     more than likely to veto it because it has little to do with 
     fighting global terror. It is sad that this proposal has been 
     described as a first chance for the new speaker of the House, 
     Paul Ryan, to cooperate with the Senate. This bill doesn't 
     reflect who Americans are, and congressional leaders should 
     have the good sense to realize that.

  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Lofgren), a member of the Committee on the Judiciary.
  Ms. LOFGREN. Mr. Speaker, I have listened to all of this debate with 
keen interest, and it is with a sense of great sadness that we were 
unable to come up with a bipartisan bill today.
  I would like to note, however, that a bill was introduced by myself 
and the gentleman from Mississippi (Mr. Thompson) that actually is much 
tougher than the bill before us. It would relate to all refugees in 
terms of their identity and their excludability--including Nigerians 
because we are worried about Boko Haram and Somalians because we may be 
worried about al Shabaab--and that is a tougher approach. I recommend 
it.
  But we also took good ideas from Mr. McCaul's bill. It is a good idea 
to do some sampling on the IG. It is a good idea to have some reporting 
to the committees. Unfortunately, our bill was not made in order; but 
it is a stronger bill that incorporates the good ideas from the 
Republican bill and a smarter approach to deal with the threat.
  Mr. GOWDY. I continue to reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I include in the Record letters of 
opposition to H.R. 4038.

             White House Statement of Administration Policy


                  h.r. 4038--american safe act of 2015

               (Rep. McCaul, R-TX, and Rep. Hudson, R-NC)

       The Administration's highest priority is to ensure the 
     safety and security of the American people. That is why 
     refugees of all nationalities, including Syrians and Iraqis, 
     considered for admission to the United States undergo the 
     most rigorous and thorough security screening of anyone 
     admitted into the United States. This legislation would 
     introduce unnecessary and impractical requirements that would 
     unacceptably hamper our efforts to assist some of the most 
     vulnerable people in the world, many of whom are victims of 
     terrorism, and would undermine our partners in the Middle 
     East and Europe in addressing the Syrian refugee crisis. The 
     Administration therefore strongly opposes H.R. 4038.
       The current screening process involves multiple Federal 
     intelligence, security, and law enforcement agencies, 
     including the National Counterterrorism Center, the Federal 
     Bureau of Investigation, and the Departments of Homeland 
     Security (DHS), State, and Defense, all aimed at ensuring 
     that those admitted do not pose a threat to our country. 
     These safeguards include biometric (fingerprint) and 
     biographic checks, medical screenings, and a lengthy 
     interview by specially trained DHS officers who scrutinize 
     the applicant's explanation of individual circumstances to 
     assess whether the applicant meets statutory requirements to 
     qualify as a refugee and that he or she does not present 
     security concerns to the United States. Mindful of the 
     particular conditions of the Syria crisis, Syrian refugees--
     who have had their lives uprooted by conflict and continue to 
     live amid conditions so harsh that many set out on dangerous, 
     often deadly, journeys seeking new places of refuge--go 
     through additional forms of security screening, including a 
     thorough pre-interview analysis of each individual's refugee 
     application. Additionally, DHS interviewers receive 
     extensive, Syria-specific training before meeting with 
     refugee applicants. Of the 2,174 Syrian refugees admitted to 
     the United States since September 11, 2001, not a single one 
     has been arrested or deported on terrorism-related grounds.
       The certification requirement at the core of H.R. 4038 is 
     untenable and would provide no meaningful additional security 
     for the American people, instead serving only to create 
     significant delays and obstacles in the fulfillment of a 
     vital program that satisfies both humanitarian and national 
     security objectives. No refugee is approved for travel to the 
     United States under the current system until the full array 
     of required security vetting measures have been completed. 
     Thus, the substantive result sought through this draft 
     legislation is already embedded into the program. The 
     Administration recognizes the importance of a strong, 
     evolving security screening in our refugee admissions program 
     and devotes considerable resources to continually improving 
     the Nation's robust security screening protocols. The 
     measures called for in this bill would divert resources from 
     these efforts.
       Given the lives at stake and the critical importance to our 
     partners in the Middle East and Europe of American leadership 
     in addressing the Syrian refugee crisis, if the President 
     were presented with H.R. 4038, he would veto the bill.
                                  ____

       Dear Members of Congress: The National Immigration Law 
     Center (NILC) urges you to vote no on H.R. 4308. Our nation's 
     refugee laws and programs already include intense security 
     screening and no legislation is required. Our nation would be 
     turning its back on its most fundamental values if we were to 
     adopt measures that hinder or unnecessarily restrict refugee 
     admissions to the U.S.
       Congress does not need to impose new mandates, like H.R. 
     4038, that would effectively freeze refugee resettlement 
     programs for Syrian, Iraqi or any other refugees. Screening 
     and security measures for refugee admissions are the most 
     robust and thorough in the nation. The agencies directly 
     involved in security screening for refugees are continually 
     reassessing and updating their procedures to keep in line 
     with technology and intelligence resources. The White House 
     has also stated its opposition to H.R. 4038.
       Proposals like H.R. 4038--along with others that 
     unnecessarily mandate additional burdens on our refugee 
     resettlement programs--are attempts to demonize refugees who 
     are fleeing some of the most dangerous and devastating 
     conditions in the world and to discredit our nation's long-
     standing and successful refugee resettlement programs that 
     have welcomed and reunited refugee families from around the 
     world.
       We urge you to vote NO on H.R. 4038 which would halt and 
     likely delay for months, years or more the Syrian and Iraqi 
     refugee programs.
           Sincerely,

                                            Avideh Moussavian,

                                 Economic Justice Policy Attorney,
     National Immigration Law Center.
                                  ____



                                          Refugee Council USA,

                                Washington, DC, November 18, 2015.
       Dear Representative: On behalf of Refugee Council USA 
     (RCUSA), a coalition of 20 non-governmental organizations 
     committed to refugee protection and welcome, I write to you 
     today to urge you to protect Syrian and Iraqi refugees and 
     the integrity of the United States refugee resettlement 
     program by voting NO on H.R. 4038--The American Security 
     Against Foreign Enemies Act 2015.
       Since 1975, the United States has resettled more than 3 
     million refugees from around the world, including 169,000 
     from Bosnia and more than 100,000 from Iraq. Three quarters 
     of a million of those refugees entered the U.S. since 2001. 
     During that time, there have been no recorded terrorist acts 
     in the United States by a refugee. That should come as little 
     surprise. Refugees are, by definition, people fleeing from 
     persecution--not persecutors themselves.
       H.R. 4038 creates a bureaucratic review process that could 
     take years to implement

[[Page 18528]]

     and would effectively shut down refugee resettlement. The 
     bill requires the Secretary of Homeland Security to 
     ``certify'' whether an individual refugee is a threat or not 
     after ``concurrence'' with the Directors of the FBI and DNI. 
     The bill does not provide guidance on what the process for 
     certification will be. This process will have to be created 
     and agreed upon by three heads of agencies. Establishing such 
     a process could take years, and in the meantime, refugees who 
     could be resettled would languish in camps and dangerous 
     situations, Syrian Americans would not be able to reunite 
     with their family members, and there would be very real 
     ramifications for international refugee protection and U.S. 
     foreign policy interests in the region.
       The process, once established, would add months or years to 
     the security screening process, which is already the 
     lengthiest and most robust in the world, routinely taking 
     between 18 and 36 months. Obtaining the concurrence of three 
     heads of federal agencies for each refugee would take years 
     and effectively put an end to the refugee resettlement 
     program. For reasons of security and safety, security and 
     medical clearances are only valid for limited periods of 
     time. During the certification process, these clearances will 
     expire. This will mean that refugees will be caught in an un-
     ending loop of security clearances that will never end.
       The bill requires reporting to thirteen congressional 
     committees on each refugee that is considered for 
     resettlement. This is unreasonably burdensome and will 
     further delay the admission of refugees, cause security 
     clearances to expire, and effectively end the program.
       Refugees are already the most vetted non-citizens in our 
     country. All refugees undergo thorough and rigorous security 
     screenings prior to arriving in the United States, including 
     but not limited to multiple biographic and identity 
     investigations; FBI biometric checks of applicants' 
     fingerprints and photographs; in-depth, in-person interviews 
     by well-trained Department of Homeland Security officers; 
     medical screenings; investigations by the National 
     Counterterrorism Center; and other checks by U.S. domestic 
     and international intelligence agencies. Supervisory review 
     of all decisions; random case assignment; inter-agency 
     national security teams; trained document experts; forensic 
     testing of documents; and interpreter monitoring are in place 
     to maintain the security of the refugee resettlement program. 
     Due to technological advances, Syrian refugees are also 
     undergoing iris scans to confirm their identity through the 
     process.
       The bill is a waste of resources. Funds used to establish 
     and run this certification process would be better used in 
     conducting actual security reviews of refugees and others who 
     are vetted by these agencies.
       The bill is a pretext and requires differential treatment 
     of refugees from Syria and Iraq without providing a 
     justification for the additional verification. It is a 
     disguised attempt to stop refugees from two countries long 
     beset by internal conflict, including refugees who have been 
     in neither Syria nor Iraq for four years. Differential 
     treatment, with no clear justification, amounts to 
     discrimination on the basis of nationality without rational 
     basis.
       No terrorist attacks in the US have been committed by 
     refugees. The few non-citizens who have caused harm have come 
     to the US as tourists or through other means. This bill will 
     tell the world that the US has no interest in being part of 
     the global solution to protect the victims of the violence in 
     Syria and Iraq. It will keep US citizen family members of 
     these refugees from reuniting with their loved ones who are 
     in danger. This bill does nothing to keep the country safe, 
     is a waste of tax dollars, and is an attack on refugees and 
     immigrants--both those who are seeking safety and those who 
     are already here.
       For these reasons we ask that you vote ``no'' on H.R. 4038. 
     We also want to draw your attention to the attached letter 
     signed yesterday by 81 national organizations in support of 
     Syrian refugees.
       We appreciate your support in protecting the refugees.
           Sincerely,
                                                    Melanie Nezer,
     Chair, Refugee Council USA.
                                  ____

                                      The Leadership Conference on


                                       Civil and Human Rights,

                                Washington, DC, November 19, 2015.
     Oppose H.R. 4038's Refugee Policy ``Reforms''.

       Dear Representative: On behalf of The Leadership Conference 
     on Civil and Human Rights, we write to express our strong 
     opposition to H.R. 4038, the ``American Security Against 
     Foreign Enemies Act of 2015.'' This bill would effectively 
     end the admission of refugees from Syria and Iraq, while 
     doing virtually nothing to improve ``American security 
     against foreign enemies,'' as the name suggests. It is an 
     illogical, poorly considered proposal that is simultaneously 
     far too broad and far too narrow.
       Under our current system, refugees resettled in the United 
     States undergo more security vetting than immigrants or 
     visitors who come here through any other channel, and more 
     than refugees who are resettled in any other country in the 
     world. Yet under H.R. 4038, and after we have already 
     resettled 3 million refugees from around the world since 1975 
     (including 100,000 from Iraq), Congress has just this week 
     concluded that our security screening procedures are 
     insufficient. In their place, H.R. 4038 would institute new 
     screening procedures for Syrian and Iraqi refugees--
     procedures which are poorly defined, but which would take 
     years to fully implement.
       The practical impact of H.R. 4038's onerous new 
     requirements would be to prevent any refugees from either of 
     these two countries from being admitted for the foreseeable 
     future. Meanwhile, only five days after the terrorist attacks 
     in Paris, French President Francois Hollande has stated that 
     France will honor its commitment to admit 30,000 refugees 
     from war-torn Syria--three times more than President Obama 
     had proposed to admit.
       At the same time that H.R. 4038 would cause us to cede our 
     decades-long moral high ground in protecting refugees, we 
     struggle to comprehend precisely how it would make America 
     safer. If the assumption behind H.R. 4038 is that Iraqi and 
     Syrian citizens somehow pose a greater threat than citizens 
     of other countries, this bill does not affect the admissions 
     of immigrants or nonimmigrant visitors via other legal 
     channels. If the assumption behind the bill is that refugees 
     somehow pose a greater threat than other types of immigrants, 
     this bill only affects refugee admissions from two countries.
       We are certainly not suggesting that H.R. 4038 be expanded 
     in any way. But the narrow scope of the bill does make us 
     wonder exactly what the sponsors are hoping to accomplish 
     through its enactment. We should note that few of the 
     terrorists who attacked Paris last week, and none of the 
     hijackers who attacked our country on September 11, 2001, 
     would have been prevented from entering the United States 
     under the provisions of this bill.
       Again, we urge you to oppose this bill. If you have any 
     questions, please contact either of us, or Senior Counsel Rob 
     Randhava.
           Sincerely,
     Wade Henderson,
       President & CEO.
     Nancy Zirkin,
       Executive Vice President.
                                  ____


                    [From MoveOn.org, Nov. 18, 2015]

      MoveOn Responds to Obama's Veto Threat of House Refugee Bill

                           (By Brian Stewart)

       Anna Galland, executive director of MoveOn.org Civic 
     Action, had the following statement in response to news that 
     President Obama would veto a House bill that would make it 
     more difficult for vetted refugees to be admitted to the 
     United States:
       ``We stand strongly with President Obama on this one. 
     MoveOn members will fight vigorously to uphold the principles 
     of welcome and compassion that are engraved on the Statue of 
     Liberty, and against the xenophobic, hateful, and 
     counterproductive rhetoric and proposals we've heard this 
     week from some--primarily Republican--politicians.
       ``We will work to help defend the United States' essential 
     program for resettling refugees, many of whom are fleeing 
     from threats of terrorism to save their lives and protect 
     their children. We urge Congress, and in particular every 
     Democrat, to show courage and compassion in keeping our doors 
     open to refugees in need--and to opening them wider in this 
     moment of crisis.''
       Since Tuesday, more than 115,000 people have signed state- 
     and local-level petitions on MoveOn.org opposing bans on 
     Syrian refugees.
                                  ____



                                    Christian Reformed Church,

                                                November 19, 2015.


  CRCNA Statement to the U.S. House of Representatives' record on the 
         American Security Against Foreign Enemies Act of 2015

       As Executive Director of the Christian Reformed Church in 
     North America, I lament the attacks in Beirut, Baghdad, and 
     Paris on November 12 and 13 and would like to express my 
     grief for the victims and their families.
       In the wake of these attacks, anti-refugee sentiment has 
     greatly increased throughout the world. Refugees--who are 
     fleeing from the violence of terrorism--should not be 
     scapegoated for these extreme acts of violence. As 
     Christians, we must speak clearly and loudly: we are called 
     to welcome the stranger, protect the vulnerable, and love 
     fearlessly. We are called to respond with love even amidst 
     our fear.
       The world is still facing the largest refugee crisis in 
     recorded history. We must continue to have compassion for the 
     vulnerable individuals fleeing conflict in Syria. Refugees 
     already go through security screenings that can take up to 
     1,000 days; unnecessary additions to the process would be 
     neither compassionate nor caring.
       The Christian Reformed Church has a long history of 
     welcoming the vulnerable and helping to resettle refugees in 
     safe communities. The CRCNA pledges to fully participate in 
     resettling Syrians of all religions during this current 
     crisis as it has done with

[[Page 18529]]

     refugees from Iraq, Afghanistan, Cambodia, Cuba, Vietnam, and 
     elsewhere.
           Sincerely,
                                             Dr. Steve Timmermans,
     Executive Director, CRCNA.
                                  ____



                               American Civil Liberties Union,

                                Washington, DC, November 18, 2015.
     Re Oppose H.R. 4038, the ``American Security Against Foreign 
         Enemies Act of 2015.''

       Dear Representative: The American Civil Liberties Union 
     strongly urges you to oppose H.R. 4038, the ``American 
     Security Against Foreign Enemies Act of 2015,'' or ``American 
     SAFE Act of 2015'' (H.R. 4038). A vote on the bill is 
     scheduled to take place on Thursday, November 19, 2015. The 
     ACLU urges you to vote NO on H.R. 4038. The ACLU will score 
     this vote.
       I. H.R. 4038 creates bureaucratic obstacles to end U.S. 
     acceptance of refugees from Syria and Iraq without any 
     demonstrated public-safety benefit.
       H.R. 4038 creates a bureaucratic-review process that likely 
     would effectively shut down resettlement of refugees from 
     Syria and Iraq. The bill mandates new certifications and 
     undefined background investigations for all refugees who are 
     nationals or residents of Iraq or Syria, and many who are 
     not. Under H.R. 4038, all refugees deemed to originate from 
     Iraq or Syria--including anyone who has been in either 
     country at any time in the last four and a half years--may 
     only be admitted to the U.S. after the Director of the 
     Federal Bureau of Investigation, the Secretary of Homeland 
     Security, and the Director of National Intelligence 
     unanimously concur that the refugee has cleared an additional 
     background investigation on top of what the Attorney General 
     this week testified is ``significant and robust'' security 
     screening. There has been no need expressed by federal 
     intelligence or law-enforcement agencies for such an 
     unprecedented clearance process, which could take years to 
     operationalize and does not add any public-safety benefit for 
     the U.S. population. In short, H.R. 4038 would bring the U.S. 
     resettlement process of Syrian and Iraqi refugees to a 
     grinding halt.
       II. H.R. 4038 would result in unjustified discrimination 
     against refugees from Syria and Iraq based on their 
     nationality, national origin, and religion.
       It is wrong and un-American to condemn groups without 
     reason solely based on their nationality, national origin, 
     religion, or other protected grounds. The proposed 
     certification and background investigation requirements in 
     H.R. 4038 would only apply to refugees deemed to be from Iraq 
     or Syria, and not other countries. The bill sponsors have 
     provided no sufficient reason for additional certification 
     and investigation requirements to justify the differential 
     treatment of refugees from Syria and Iraq, or even defined 
     how that differential treatment would improve current 
     practice. H.R. 4038, therefore, amounts to impermissible 
     discrimination on the basis of nationality and national 
     origin without a rational basis.
       The extra certification and investigation requirements in 
     H.R. 4038 would disproportionately harm Muslim refugees 
     seeking protection in the U.S. According to the Refugee 
     Processing Center, 96 percent of Syrian refugees admitted to 
     the U.S. since the Syrian civil war began in 2011 are Muslim, 
     while over 60 percent of Iraqi refugees admitted since the 
     Iraq war began in 2003 are Muslim. Muslim refugees would 
     disproportionately suffer the consequences of this 
     discriminatory bill, as they would be denied entry to the 
     U.S. and forced to languish in refugee camps for years on 
     end.
       III. H.R. 4038 is an attack on vulnerable refugees from 
     Syria and Iraq, both those seeking protection and those 
     already residing in the U.S.
       Not only is H.R. 4038 an attack against refugees from Syria 
     and Iraq, but it would also harm those refugees' family 
     members who are already in the U.S. and eagerly awaiting to 
     be reunified with their loved ones. This bill would subject 
     those families to an interminable wait and would prolong 
     unnecessary suffering for both the refugees seeking 
     protection and those family members waiting in the U.S. 
     Moreover, the bill's very name, the ``American Security 
     Against Foreign Enemies Act,'' would worsen stigmatization of 
     Syrian and Iraqi refugees--and, more broadly, scapegoat all 
     refugees--fanning the flames of discriminatory exclusion here 
     and abroad.
       IV. Conclusion
       The ACLU urges the House to vote NO on H.R. 4038. For more 
     information, please contact ACLU Legislative Counsel Joanne 
     Lin.
           Sincerely,
     Karin Johanson,
       Director, Washington Legislative Office.
     Joanne Lin,
       Legislative Counsel.
     Chris Rickerd,
       Policy Counsel.
                                  ____



                            Asian Americans Advancing Justice,

                                                November 18, 2015.
       Dear Representative: Asian Americans Advancing Justice 
     (Advancing Justice) is a national partnership of five 
     nonprofit, non-partisan organizations that work to advance 
     the human and civil rights of Asian Americans and Pacific 
     Islanders through advocacy, public policy, public education, 
     and litigation. We are based in Washington D.C., Atlanta, 
     Chicago, Los Angeles, and San Francisco. We write to urge you 
     to vote NO on H.R. 4038, The American Security Against 
     Foreign Enemies Act of 2015 (American SAFE Act of 2015).
       We are all shocked and saddened by the recent attacks in 
     Paris and elsewhere but now is not the time to close our 
     hearts and our state to people fleeing violence and terror. 
     We must be careful not to act impulsively in response to 
     recent violence and we must be vigilant against enacting 
     policies targeting people based on their national origin or 
     religion. Due to the legacy of the internment of Japanese 
     Americans in WWII and the treatment of Arab, Middle Eastern 
     and South Asian after 9/11, the Asian American community is 
     all too familiar with hasty actions based on discrimination 
     and fear.
       Protecting national security and public safety is important 
     to all of us, but we should not let fear and prejudice guide 
     our decisions about whom to welcome to America. The refugee 
     resettlement program is already the most difficult way to 
     enter the United States, routinely taking individuals several 
     years to be processed. All refugees undergo thorough and 
     rigorous security screenings prior to arriving in the United 
     States, including but not limited to multiple biographic and 
     identity investigations; FBI biometric checks; in-depth, in-
     person interviews by Department of Homeland Security 
     officers; medical screenings; investigations by the National 
     Counterterrorism Center, and other checks by U.S. domestic 
     and international intelligence agencies. In addition, other 
     measures such as mandatory supervisory review of all 
     decisions, random case assignment, and forensic document 
     testing are in place to maintain the security of the refugee 
     resettlement program.
       H.R. 4038 creates a bureaucratic review process that could 
     take years to implement and would effectively shut down 
     refugee resettlement. The bill requires the Secretary of 
     Homeland Security to ``certify'' whether an individual 
     refugee is a threat or not after ``concurrence'' with the 
     Directors of the FBI and National Intelligence. The bill does 
     not provide guidance on what the process for certification 
     will be. This process will have to be created and agreed upon 
     by three heads of agencies. Establishing such a process could 
     take years, and in the meantime, refugees who could be 
     resettled would languish in camps and dangerous situations, 
     Syrian Americans would not be able to reunite with their 
     family members, and there would be very real ramifications 
     for international refugee protection and U.S. foreign policy 
     interests in the region.
       The process, once established, would add months or years to 
     the security screening process, which is already the 
     lengthiest and most robust in the world, routinely taking 
     between 18 and 36 months. Obtaining the concurrence of three 
     heads of federal agencies for each refugee would take years 
     and effectively put an end to the refugee resettlement 
     program. For reasons of security and safety, security and 
     medical clearances are only valid for limited periods of 
     time. During the certification process, these clearances will 
     expire. This will mean that refugees will be caught in an un-
     ending loop of security clearances that will never end.
       The bill also requires reporting to more than a dozen 
     congressional committees on each refugee that is considered 
     for resettlement. This is unreasonably burdensome and a waste 
     of resources. Funds used to establish and run this 
     certification process would be better used in conducting 
     actual security reviews of refugees and others who are vetted 
     by these agencies.
       This bill is merely a pretext for discriminatory treatment 
     of refugees from Syria and Iraq without providing a 
     justification for the additional verification. America should 
     remain a place of safety for people seeking refuge and peace 
     from around the globe. We strongly urge you to vote no on H.R 
     4038 and reject similar proposals that would limit or impose 
     unnecessary processes that effectively prevent future 
     refugees from coming to the United States.
       If you have questions about our recommendation, please 
     contact Erin Oshiro at Asian Americans Advancing Justice-
     AAJC. Thank you.
           Sincerely,
     Stewart Kwoh,
       President & Executive Director, Advancing Justice, Los 
     Angeles.
     Christopher Punongbayan,
       Executive Director, Advancing Justice, Asian Law Caucus.
     Mee Moua,
       President & Executive Director, Advancing Justice, AAJC.
     Tuyet Le,
       Executive Director, Advancing Justice, Chicago.
     Helen Kim Ho,
       Executive Director, Advancing Justice, Atlanta.


[[Page 18530]]

  Mr. CONYERS. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Florida (Ms. Frankel).
  Ms. FRANKEL of Florida. Mr. Speaker, our folks back home are 
understandably frightened, and there is no question that ISIL must be 
destroyed and that the safety of Americans must be our first priority. 
But denying refuge to women and children who are fleeing rape and 
torture and who go through a 2-year vigorous entry process will not 
make us a safer country.
  At a time when we are trying to forge a coalition of international 
nations, it is self-defeating to send a message of isolation. Our 
antiterrorism resources must be focused on terrorists, not on innocent 
human beings seeking shelter from the most unspeakable horrors.
  Mr. CONYERS. I yield myself the balance of my time.
  Mr. Speaker, Members of the committee and of the House, instead of 
slamming our doors to the world's most vulnerable, we should be 
considering legislation to strengthen and expand refugee programs.
  Unfortunately, the bill before us today is not a serious effort to 
legislate, and it will not make us safer. It is a knee-jerk reaction, 
as evidenced by the fact that this measure was introduced just 2 days 
ago and has not been the subject of a single hearing or any meaningful 
review by our committee.
  Rather than betraying our values, we must continue to focus on the 
most effective tools to keep us safe, while providing refuge for the 
world's most vulnerable. Accordingly, I plead with, I urge my 
colleagues to please oppose H.R. 4038.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GOWDY. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, it seems commonsensical that when it comes to national 
security and public safety, we should listen to and rely upon the women 
and men who are actually experts and have dedicated their lives to 
public safety and national security.
  Mr. Speaker, this is a fact: We don't have sufficient information to 
appropriately investigate and vet failed nation-states.
  This is a fact: ISIS has sworn to bring its war against innocents 
here.
  This is a fact: Administration officials noted ISIS may well use the 
refugee program to infiltrate our country.
  This is also a fact, Mr. Speaker: The margin for error is zero. It is 
zero. The presumption should always be in favor of national security 
and public safety because that is the preeminent role of government, 
and it is our constitutional duty, Mr. Speaker.
  So unless and until those we place in charge of our national security 
and public safety can provide the necessary assurances, we should seek 
to aid those who need aid where they are.
  In conclusion, Mr. Speaker, the President says that we are scared of 
widows and orphans. That is what passes for debate in this day and age. 
With all due respect to the President, what we are really afraid of, 
Mr. Speaker, is a foreign policy that produces so many widows and 
orphans.
  He is the Commander in Chief, Mr. Speaker. His job is to make our 
homes safer. He could also make the homeland of the refugees safer. He 
could restore order to the region, and he can defeat that JV team that 
he once thought he had contained. That would be the very best thing we 
could do for those who aspire to a better, safer life.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CONYERS. Mr. Speaker, I submit the following letters from the 
U.S. Conference of Catholic Bishops and First Focus Campaign for 
Children.

         United States Conference of Catholic Bishops, Committee 
           on Migration,
                                Washington, DC, November 19, 2015.
       Dear Representative: On behalf of the U.S. Conference of 
     Catholic Bishops (USCCB), I write to oppose passage of H.R. 
     4038, the American Security Against Foreign Enemies Act of 
     2015.
       As you know, the legislation would suspend the resettlement 
     of refugees from Syrian and Iraq until a procedure could be 
     established whereby the Secretary of the Department of 
     Homeland Security (DHS) would certify--with concurrence of 
     the FBI director and the Director of National Intelligence--
     that each refugee is not a terrorist threat. It also would 
     require that the current or a future Administration report to 
     thirteen congressional committees on each refugee that is 
     considered for resettlement. These requirements would keep 
     many deserving refugees in danger for an extended period of 
     time, at risk of their lives, but would not necessarily make 
     the process a more effective one.
       The U.S. Catholic bishops acknowledge and support the right 
     of our government to defend our nation and to ensure that the 
     American people are safe. However, we believe that this 
     legislation is designed to severely limit, if not end, the 
     resettlement of Syrians or Iraqis to the United States, 
     including vulnerable women and children, the elderly, and 
     religious minorities fleeing violence and death, including 
     Christians. It also would impact Iraqis who may have been 
     forced to flee to Syria during the Iraqi war, even those who 
     may have supported our troops.
       The current security process for Syrian refugees can take 
     up to 24 months or longer, as refugees go through several 
     interviews and 5 security clearance reviews. Refugees go 
     through more security checks than any arrival to our nation. 
     Since 2001, the United States has resettled 784,000 refugees 
     under this process and there has not been a single terrorist 
     act committed by a refugee admitted into the country.
       The U.S. refugee program is an example of a successful 
     private-public partnership which has enjoyed bipartisan 
     support for decades. Presidents from both political parties 
     have supported, and, at times, expanded the program to 
     respond to humanitarian crises originating from global 
     conflicts, including President Gerald R. Ford after the 
     Vietnam War, President Bill Clinton after the Bosnian 
     conflict, and President George W. Bush after the Iraqi War. 
     H.R. 4038 represents a threat to this tradition and to our 
     moral leadership in the world.
       Instead of imposing additional bureaucratic processes upon 
     the current stringent security system through the adoption of 
     H.R. 4038, we encourage you to work with the Administration 
     to strengthen it, without suspending the program. I also ask 
     that you work with your colleagues and the Administration to 
     end the Syrian conflict peacefully so the 4 million Syrian 
     refugees can return to their country and rebuild their homes.
       Until that goal is achieved we must work with the world 
     community to provide safe haven to vulnerable refugees who 
     are simply attempting to survive. H.R. 4038 abdicates our 
     moral responsibility in this area and must be defeated.
       Thank you for your consideration of our views.
           Sincerely,

                               Most Reverend Eusebio Elizondo,

                                  Auxiliary Bishop of Seattle, WA,
     Chairman.
                                  ____

                                                       First Focus


                                        Campaign for Children,

                                Washington, DC, November 19, 2015.
       Dear Member: On behalf of First Focus Campaign for 
     Children, a national bipartisan advocacy organization 
     dedicated to making children and families a priority in 
     federal policy and budget decisions, I write to you today to 
     strongly urge that you oppose the American SAFE Act (H.R. 
     4038). This bill would immediately prevent all refugees from 
     Syria and Iraq from entering the United States and makes the 
     process for their entry considerably more difficult.
       The American SAFE Act creates a much more stringent, 
     discriminatory process for refugees from Syria and Iraq to 
     gain entry into the United States. These populations would be 
     singled out and could not be admitted until the Director of 
     the FBI, the Secretary of DHS and the Director of the 
     National Intelligence have received a background 
     investigation that is deemed sufficient to determine whether 
     the refugee is a threat. This process is fraught with 
     complications as thousands of refugee children and their 
     families will remain in limbo indefinitely and agencies would 
     have to use significant resources to coordinate 
     investigations and create new criteria for who can be 
     admitted. The United States already has much tougher 
     protections than European nations, evident in the fact that 
     all refugees are screened for 18-24 months before stepping 
     foot in the U.S. and face the highest level security 
     screening of any traveler or immigrant.
       Those fleeing from violence in Syria are amongst the most 
     vulnerable in the world. Over 50% of those who have entered 
     the United States are children and a quarter are over the age 
     of 60. By adding an unnecessary layer of bureaucracy to the 
     screening process, the United States would be jeopardizing 
     the lives of thousands of innocent children who have 
     committed no crime other than to be born in a country rife 
     with instability and susceptible to unspeakable acts of 
     terrorism. These children have already experienced a great 
     deal of trauma and creating barriers for safety will only 
     make their situations more desperate.
       America has a proud history of providing refuge for those 
     in need, and this bill runs contrary to our most fundamental 
     values of compassion and fairness. Thus, we strongly urge you 
     to oppose HR 4038 as it further undermines the safety of 
     millions of children

[[Page 18531]]

     who are seeking protection from the very terrorism we are 
     seeking to defeat.
           Sincerely,
                                                     Bruce Lesley,
     President.
                                  ____

       Dear Members of Congress: The National Immigration Law 
     Center (NILC) urges you to vote no on HR 4038. Our nation's 
     refugee laws and programs already include intense security 
     screening and no legislation is required. Our nation would be 
     turning its back on its most fundamental values if we were to 
     adopt measures that hinder or unnecessarily restrict refugee 
     admissions to the U.S.
       Congress does not need to impose new mandates, like HR 
     4038, that would effectively freeze refugee resettlement 
     programs for Syrian, Iraqi or any other refugees. Screening 
     and security measures for refugee admissions are the most 
     robust and thorough in the nation. The agencies directly 
     involved in security screening for refugees are continually 
     reassessing and updating their procedures to keep in line 
     with technology and intelligence resources. The White House 
     has also stated its opposition to HR 4038.
       Proposals like HR 4038--along with others that 
     unnecessarily mandate additional burdens on our refugee 
     resettlement programs--are attempts to demonize refugees who 
     are fleeing some of the most dangerous and devastating 
     conditions in the world and to discredit our nation's long-
     standing and successful refugee resettlement programs that 
     have welcomed and reunited refugee families from around the 
     world.
       We urge you to vote NO on HR 4038 which would halt and 
     likely delay for months, years or more the Syrian and Iraqi 
     refugee programs.
           Sincerely,
                                                Avideh Moussavian.

  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I would like to 
express my opposition to H.R. 4038, the American Security Against 
Foreign Enemies Act. As a result of horrific terrorist attacks in 
Paris, France and Beirut, Lebanon last week, many elected officials in 
the United States are demanding that we stop admitting refugees fleeing 
Syria or place strict restrictions upon their entrance. This rhetoric 
is disheartening and disappointing. We are facing a global refugee 
crisis that requires a global response.
  With 60 million people displaced, the United States must do its part 
to help protect and resettle vulnerable families and children who are 
fleeing violence and persecution. While we must continue to ensure that 
screening procedures are able to properly vet those seeking political 
asylum in this country, I refuse to turn my back on innocent people who 
are fleeing the atrocities in their homeland.
  H.R. 4038 places unnecessary bureaucratic obstacles in front of 
Syrian and Iraqi refugees without any demonstrated public safety 
benefit and would result in completely unjustified discrimination based 
on nationality, origin, and religion. This is not only wrong, it is not 
American. H.R. 4038 also wrongly attacks vulnerable refugees who are 
fleeing the same dangerous attacks that we fear so much here on 
American soil.
  While I do believe that we must remain vigilant in our safety 
precautions, we cannot close our doors and our minds to the children 
and families seeking protection, shelter, and safety. In Dallas, we 
have always shown our compassion to those who seek safety. I refuse to 
slam the door on a small fraction of the world's Syrian refugees. In 
fact, 184 Syrian refugees have already been placed in Texas with more 
than 1,500 across the nation and we will certainly welcome more.
  We cannot turn our backs on those who fall victim to war, aggression, 
and tenor. Instead, we must show compassion by promoting peace and 
diplomacy. I urge my colleagues to vote against this divisive and 
discriminatory legislation.
  Ms. McCOLLUM. Mr. Speaker, I rise in opposition to HR. 4038.
  In the aftermath of last week's barbaric ISIL terrorist attack in 
Paris the Republican leadership of the U.S. House has decided that the 
best way to protect the security of the American people is to attack 
Syrian and Iraqi refugees. These are the innocent and vulnerable 
children, parents, and elders who are seeking protection from murderous 
armies, terrorist groups, and death squads.
  The perpetrators of the Paris attack were ISIL radicals with European 
citizenship, not refugees. As many as 3,000 European extremists have 
traveled to Syria to join the ranks of ISIL. In fact, the ISIL 
mastermind behind the Paris attack who was killed by French 
authorities, Abdelhamid Abaaoud, was a Belgian citizen, not a refugee 
from Syria or Iraq. Meanwhile, the U.S. visa waiver program allows 
unrestricted access to the U.S. from the European Union which is an 
open door for European extremists not on a watch list to enter our 
country. In my view, this is where the real reform and intelligence 
sharing must be strengthened.
  The American Security Against Foreign Enemies Act (HR. 4038) is a 
Republican ploy that is cruel, callous, and a blatant display of 
xenophobia used to energize a political base that is motivated by a 
hatred of immigrants. This legislation is not designed to protect our 
national security interests, but rather will be used as a political 
weapon to attack Democrats who still believe our nation should be a 
safe haven for vulnerable people seeking freedom from persecution and 
the threat of death.
  I support resettling refugees in the U.S. and I have always welcomed 
them to Minnesota. The most modem identification technology and 
intelligence background checks need to be utilized in the resettlement 
security process. That means this Republican Congress must act 
responsibly and provide the necessary funding for such a comprehensive 
screening protocol. I support appropriating full funding for these 
strict protocols.
  ISIL is a global scourge that must be eradicated. Keeping America 
safe and eliminating ISIL will require intelligence, military, and 
counter-terrorism coordination between the U.S. and all allies. 
Unfortunately, H.R. 4038 is a transparent effort to scapegoat Syrian 
and Iraqi refugees who have suffered immeasurably, but clearly not 
enough for some of my colleagues. I reject this Republican bill as 
another example of driving a political agenda based on willful 
ignorance in the face of a serious terrorist threat.
  Mr. Speaker, I urge my colleagues to join me in opposing H.R. 4038.
  Ms. BONAMICI. Mr. Speaker, I rise today in opposition to H.R. 4038, 
the American Security Against Foreign Enemies (SAFE) Act of 2015, 
legislation that was introduced just 48 hours ago with no consideration 
by any Committees of jurisdiction. In the wake of horrific terrorist 
attacks across the globe, I understand and appreciate the concerns and 
fear in our communities. We must recommit to keeping our country safe 
and secure, but keeping our country safe and accepting refugees fleeing 
war and terrorism are not mutually exclusive and never have been 
throughout the history of our great nation.
  The American SAFE Act would effectively bar refugees, many of whom 
are women and children, from escaping violence and finding a safe haven 
in our country. The United States already has an extremely rigorous 
screening process for refugees that includes 18 to 24 months of 
detailed background checks, screening, and interviews administered by 
the Departments of State, Homeland Security, and Defense.
  The President has committed to allowing an additional 10,000 refugees 
into our country, and more than half of those are children. Our history 
reflects a nation that thrives on diversity and is strengthened by the 
contributions of immigrants, and in darker times, our history also 
provides examples of where we have failed in the past, most notably 
during the early years of World War II. The men, women, and especially 
children who are seeking a better life and refuge from bullets and 
bombs are counting on us. As an American and a mother, I urge my 
colleagues not to respond to fear and political rhetoric by supporting 
this bill and instead commit to a thoughtful debate that will 
strengthen our national security policy without closing our border to 
the world's most vulnerable.
  Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I rise before you with 
the words that are inscribed on our Statue of Liberty that reflects our 
history of a nation of what America is, should be, and to become to 
many people regardless of nationality, ethnicity, and creed (religious 
belief). We are a nation of Native Americans, descendants of slaves, 
and immigrants. Historically, these words have not always reflected the 
true meaning of freedom through time and periods of conflict.
  The American Safe Act is a bill that attempts to infuse fear on 
Americans about terrorism and would lead to slowing down the process of 
resettlement in the Syria and Iraq region for the most vulnerable 
refugees possibly for years to come.
  History is a tool that we should always learn from and always seek to 
build on the existence of our past to make America better and not a 
spectator on the wrong side of history.
  Remember what was said about the Japanese Americans during World War 
II, when they were placed in internment camps. Fear was the reason and 
rationale as to why specific citizens were looked on as enemy aliens 
that needed to be put away to protect our national security and make 
America safe from danger of foreign influences.
  Remember what happen to immigration quotas and restrictions of Jewish 
refugees fleeing from a holocaust in Europe. Where American polls were 
suggesting to not allow German and other political refugees from 
entering America due to fear and concern of possible entry of German 
agents among refugees.

[[Page 18532]]

  What about the Haitians and Africans who are turned back or returned 
to their country of origin while seeking refuge in America?
  Mr. Speaker, Deja vu all over again, yes we should be cautious and 
yet wise in our decisions that are temper with compassion and not fear 
to reject a people in their greatest hour of need.
  I submit the following Statue of Liberty Poem:


                 new colossus (statue of liberty poem)

     Not like the brazen giant of Greek fame,
     With conquering limbs astride from land to land;
     Here at our sea-washed, sunset gates shall stand
     A mighty woman with a torch, whose flame
     Is the imprisoned lightning, and her name Mother of Exiles.

     From her beacon-hand
     Glows world-wide welcome; her mild eyes command
     The air-bridged harbor that twin cities frame.

     ``Keep, ancient lands, your storied pomp!'' cries she With 
           silent lips.

     ``Give me your tired, your poor,
     Your huddled masses yearning to breathe free,
     The wretched refuse of your teeming shore.

     Send these, the homeless, tempest-tossed to me,
     I lift my lamp beside the golden door!''

  Mr. LEVIN. Mr. Speaker, the entire goal of terrorists--in their 
cowardly acts of violence against innocent and unsuspecting civilians--
is to cause death, chaos, bring intense fear and intimidate the global 
community. We were victims of the most horrendous terrorist attacks on 
9-11 and we all joined in feelings of renewed honor as we watched the 
terrorist attacks in Paris.
  We need to ensure that our response is both strong in purpose and 
effective. We did that after 9-11. We put in place the most stringent 
refugee resettlement program in the history of our country.
  These are the facts:
  Refugees are referred to the U.S. program after being screened by the 
United Nations High Commissioner for Refugees who first determines if 
resettlement in a third country is the right solution.
  The current U.S. screening process takes between 18-24 months. It 
involves multiple Federal intelligence, security, and law enforcement 
agencies, including the National Counterterrorism Center, the Federal 
Bureau of Investigation, and the Departments of Homeland Security 
(DHS), State, and Defense, all aimed at ensuring that those admitted do 
not pose a threat to our country. These safeguards include biometric 
(fingerprint) to confirm identity, multiple layers of biographical and 
background checks, and medical screenings.
  Specifically, each applicant's biographical information is checked 
against the Department of State's Consular Lookout and Support System--
which includes terrorist watchlist information during prescreening. 
Then, Security Advisory Opinions from the law enforcement and 
intelligence communities for each applicant is secured.
  All of this information helps to inform the lengthy in-person 
interviews. DHS officers scrutinize the applicant's explanation of 
individual circumstances to assess whether the applicant meets 
statutory requirements to qualify as a refugee and that he or she does 
not present security concerns to the United States. If as a result of 
the security process, U.S. security agencies cannot verify details of a 
potential refugee's story, they are denied. These checks happen before 
an application is approved and long before a refugee would be able to 
enter the United States.
  And these are the facts on the refugees:
  Refugees by definition are the most vulnerable people in our global 
society. They are fleeing war, violence and persecution. In Syria 
refugees are either fleeing the violence brought on by the civil war 
and the violence of President Assad's army or the terror of ISIS 
operating from there.
  The emphasis for the U.S. program is to admit the most vulnerable--
particularly women and children, survivors of violence and torture, and 
those with severe medical conditions. Since 2011, 2,034 Syrian refugees 
have been admitted to the United States. A quarter of these refugees 
are adults over 60. Half are children. Young, single males unattached 
to families constitute only 2% of the Syrian refugee admissions to 
date. DHS interviewers receive extensive, Syria-specific training 
before meeting with refugee applicants.
  Each Member of Congress takes very seriously our number-one 
responsibility to protect the homeland. At times of crisis it is 
crucial that we act in a bi-partisan fashion. Regrettably that was not 
the process followed by the Republican Majority. They crafted the 
legislation before us today on their own and with no hearings, no 
expert testimony, no Committee markup, and no opportunity to offer 
amendment
  As a result, the legislation before us sets a partisan course, and is 
being used mainly as a vehicle to criticize the President's foreign 
policy. The current screening system has been working. This bill does 
not improve it and could scramble up what is working. The legislation 
would require the FBI to have their own additional and undefined 
separate screening systems even though they currently fully participate 
in the stringent process led by the Department of Homeland Security. We 
created DHS after 9-11 to ensure the most effective system that brought 
all of the resources of the federal government together to combat 
terrorism. It does not seem wise to unwind that without thorough review 
and consideration.
  The threat of terrorism brings to all of us and to communities across 
our country a sense of insecurity. It is our responsibility in Congress 
to channel those feelings into effective solutions. The legislation 
before us fails to do so. This bill would disrupt a screening process 
that is working and, in so doing, would yield the moral high ground 
that our country must hold at all costs if we are to defeat ISIS. We 
can and must both fight terrorism and help the victims who seek to 
escape it.
  Mr. HONDA. Mr. Speaker, I rise today in strong opposition to the 
American SAFE Act of 2015 (H.R. 4038). This ill-advised, short-sighted, 
closed-minded bill would immediately block all refugees from Syria and 
Iraq from resettling in the U.S. and make the process for entry 
significantly more challenging for those seeking refuge here.
  Today, we are seeing the greatest number of refugees and displaced 
persons since World War II. That fact alone is startling and 
disheartening.
  People do not uproot their lives and flee their homeland unless it is 
for the most dire reasons. Who would choose to expose their children to 
months of traveling on foot, with only the shirt on their back? The 
families fleeing from the violence in Syria are the most vulnerable in 
the world. The majority of the refugees are children and women who are 
fleeing from their terror, sexual violence, and destruction.
  History will remember this moment: when our nation decides whether we 
will turn the most vulnerable away from our shores, or if we will stand 
with humanity, be inclusive, and protect those who need our help the 
most.
  Mr. Speaker, I firmly oppose the American SAFE Act of 2015; it will 
only compromise our moral standing in the world, as well as our 
national security and safety.
  Our Constitution is never tested during times of tranquility; it is 
during times of tension, turmoil, tragedy, trauma, and terrorism that 
it is sorely tested. We must not allow our anger and outrage toward 
ISIL terrorists and their cowardly attacks on civilians to turn us away 
from compassion and generosity. We must not shut our doors--not to the 
Syrian refugees, or to anyone. We need to find ways to help them find 
safe haven from the perpetrators of these acts of violence.
  Ms. JACKSON LEE. Mr. Speaker, I rise today to speak in opposition to 
H.R. 4038, the ``American Security Against Enemies Act of 2015'' 
(America SAFE Act).
  This is the latest attempt to attack the President.
  It is cheap and unworthy of this august body to engage in politics 
when our aim should be lofty and thoughtful policy.
  President Obama has accomplished tremendous successes in restoring 
our nation's leadership and integrity around the world following the 
disasters of the previous administration.
  He inherited 2 wars including the Iraq war, an unprovoked and 
unjustified invasion, which today is a strong contributing force to the 
situation that exists in Iraq and Syria.
  The President has led where others have only talked--he has used soft 
power in an impressive and masterful way that thwarted Russia in its 
ambitions, and to bring Iran to the negotiation table resulting in the 
curbing of that nation's nuclear weapon ambition.
  Now the President's work to make sure that United States remains a 
leader in the global community by meeting the obligation to receive 
refugees from Syria and Iraq.
  This bill is doing damage to our national interest.
  The American SAFE Act requires a FBI background check for every 
refugee from Iraq and Syria who apply for asylum in the United States.
  In addition, H.R. 4038 provides that no refugee from Iraq or Syria 
can be granted asylum in the United States unless the Director of the 
FBI, the Secretary of the Department of Homeland Security, and the 
Director of National Intelligence each make an independent 
determination and concur unanimously that the applicant for asylum 
poses no threat to the national security of the United States.

[[Page 18533]]

  I understand that the proponents of H.R. 4038 are responding to the 
legitimate apprehensions of many Americans shocked by the horror and 
carnage of the terrorist attacks that occurred last Friday, November 
13, 2015, in Paris.
  Mr. Speaker, this nation stands in unyielding solidarity with the 
people of France, which like the United States, is one of the most 
welcoming and freedom loving nations in the world.
  Right now, our prayers are with the victims of the terrorist attacks 
and their families.
  Every American can empathize with the people of France because we 
remember the terrible and heart-breaking events of September 11, 2001, 
the first and worst attack by an enemy on American soil since Pearl 
Harbor and which took the lives of more than 3,000 innocent persons.
  On that day Americans of all races, religions, and creeds, in every 
region of the country were united in their shock and sadness and anger.
  But we were united in our resolve to help each other, to defend our 
homeland, and bring to justice those responsible, and only those 
responsible, for their crime against humanity.
  In the 14 years since that heart-wrenching day, our nation has 
learned much from our initial responses to the attacks of September 11; 
we have a much better idea today of what types of actions work, which 
do not, which go too far.
  And the best way to honor those who lost or gave their lives on 
September 11, and to the victims of terrorism in France and other peace 
loving societies, is to apply the knowledge and wisdom we have gained 
from experience to meet the challenges and threats the civilized world 
faces today from radical jihadists.
  Last September, the Homeland Security Committee, which I have served 
on since its inception, held a hearing at Ground Zero during the week 
marking the 14th Anniversary of the September 11.
  Homeland Security Committee Chairman McCaul, Ranking Member Thompson 
and Judiciary Committee Subcommittee on Immigration Ranking Member 
Lofgren are dedicated public servants whose actions are always 
motivated by their commitment to keep our nation safe and secure.
  It is safe to say that this motivation is shared by every Member of 
this House.
  But that we all agree on the end to be achieved does not mean that we 
always agree on the means that should be employed.
  Mr. Speaker, this is one of those occasions because while I yield to 
no one in my commitment to protecting the homeland and keeping the 
American people safe, I cannot agree that H.R. 4038 achieves that goal 
or is in the best interests of the United States.
  On March 4, 1933, President Franklin Delano Roosevelt assured the 
nation in his Inaugural Address that ``the only thing we have to fear 
is fear itself--nameless, unreasoning, unjustified terror which 
paralyzes needed efforts to convert retreat into advance.''
  I would not oppose this bill if I believed that it was needed.
  This is not to say that the actions H.R. 4038 requires should never 
be taken; only that they are not needed at this time and employing them 
would not be an exercise of American leadership but of fear and 
retreat.
  Our nation is better than that.
  But it is good that we are debating H.R. 4038 because it provides us 
another opportunity to remember who we are, what we believe, and what 
makes our nation exceptional.
  ISIS/ISIL aspires to bring about a bi-polar world, one divided 
between those Muslims who share their distorted and profaned 
interpretation of one of the world's great religions on the one hand, 
and everyone else on the other.
  We in the United States seek a peaceful world in which every person 
on earth is free to worship in peace, live in freedom, and enjoy the 
blessings of liberty.
  In other words, like the French, we believe in ``liberte, egalite, 
fraternite'' (liberty, equality, and fraternity).
  ISIS/ISIL would have none of this--the world they want is one where 
murder can be justified because you do not believe as they would have 
you believe or live as they would have you live.
  Women and children, religious minorities--including other Muslim 
beliefs that differ from their views, have suffered under ISIS/ISIL's 
reign of terror.
  The reign of terror unleashed by ISIS/ISIL is the source of refugees 
who are fleeing from something so all-consuming and destructive that 
they leave with nothing but their children in their arms and the 
clothes on their bodies.
  Before September 11, few Americans could imagine that kind of terror.
  Our allies in Europe understand that kind of terror--from the stories 
of those who sought refuge from the Nazis prior to and during World War 
II and after the war when escaping the totalitarian states of the 
Soviet-dominated Warsaw Pact.
  Fear of the stranger has always existed, but civilization and 
institutions ease that fear by providing law and order to people to 
assure protection from want; violence; and war by expending resources 
to address conditions that would result in those societal destabilizing 
influences.
  Each nation decides where it stands on principle, law, and 
conscience.
  Mr. Speaker, H.R. 4038 is not necessary at this time because our 
nation already has in place the world's most rigorous screening process 
for refugees seeking asylum.
  Mr. Speaker, there are other alternatives to the draconian approach 
of H.R. 4038, takes such as the bill introduced by Ranking Members 
Thompson and Lofgren.
  The President is another solution for those who seek reassurance that 
every precaution is being taken--he is in a position to certify to the 
Congress and the American people that the process is prudent and 
careful in its actions regarding refugees seeking entrance into the 
United States.
  It is helpful to recount briefly the critical elements of that 
screening process.
  Every applicant for asylum must:
  1. register with the United Nations High Commissioner for Refugees;
  2. provide background information, including what caused him or her 
to flee their home country (a ready means of comparing information 
provided by more than one million refugees to further verify the 
validity of the information provided);
  3. meet one of five legal qualifications: threat of violence based on 
race, religion or faith or national origin; political beliefs; or 
membership in a targeted social group.
  4. undergo a rigorous background check during which investigators 
fact-check the refugee's biography to ensure consistency with published 
or documented reports of events such as bombings or other violence;
  5. be subjected to biometric tests conducted by the Department of 
Defense, in conjunction with other federal agencies (the U.S. military 
has an extensive biometric data base on Iraqis from its time in Iraq); 
and
  6. sit for intensive in-person interviews, which may take months or 
years before they are conducted.
  Mr. Speaker, over the past several years intelligence and law 
enforcement agencies have established and perfected an intense form of 
screening for Syrians called the ``Syrian Enhanced Review.''
  If, during the screening process, a person from Syria gives response 
that raise red flags he or she is selected for more intense examination 
by U.S. intelligence agencies.
  The demographic breakdown of those Syrians who have been approved for 
refugee status to come to the United States is as follows: children, 
50%; persons over the age of 60, 25%; combat age males, 2%.
  Mr. Speaker, we must be careful not to engage in ethnic or religious 
profiling.
  Unless someone has been profiled it may be difficult to understand 
what collective guilt looks, or worse, feels like when it is heaped 
upon members of a group--no matter their age or their condition.
  Here in America we have learned through bitter experience that it is 
morally and politically wrong to regard an entire group of people as 
unworthy of compassion, regard, concern, or consideration because of 
their race or religion or ethnicity.
  As I stated at the outset, I do not question the motives of those who 
prevailed upon the House leadership to rush this bill to the floor for 
a vote today.
  H.R. 4038 was introduced on Tuesday, November 17, and is on the floor 
for a vote less than 48 hours later, Thursday, November 19.
  This is fast--too fast for such a serious decision and without 
considering the arduous process that is in place to screen all refugees 
not just those from Iraq and Syria.
  Mr. Speaker, H.R. 4038 only addresses the refugee process for those 
who are Iraqi and Syrian.
  In its own way, it acknowledges that the process in place to vet 
refugees is difficult so much so that no terrorist would choose it as a 
means to enter the United States.
  Unlike Europe where people from the Syrian and Iraqi conflict could 
walk by land to Europe by the tens of thousands, the United States is 
not accessible by foot.
  We will not take any refugees who are now in Europe.
  Our nation welcomes millions of tourist, business travelers, and 
students from around the world at our airports and seaports each day.

[[Page 18534]]

  The United States Refugee Asylum process is not comfortable and it 
takes at a minimum 2 years.
  The persons who apply must remain where they have registered until 
the process is completed, which involves a series of in person 
interviews, physical health status checks, collection of biometrics and 
other data as well as investigations by law enforcement and 
intelligence agencies.
  The last thing a terrorist would want is to be a refugee--living in 
the harsh environment of a refugee camp for two years.
  Refugees are the victims of terrorists--ISIS/ISIL does not love 
them--they want to murder every last one of them, because they will not 
bow to them.
  We should be stirred by the defiance and courage that refugees 
exemplify--braving the unknown because they yearn to breathe free.
  In truth ISIS/ISIL has killed more Muslims than any other group of 
persons because they practice their faith as they see fit and refuse to 
worship falsely.
  This bill troubles me because it asks the impossible of professional 
law enforcement, national security, and intelligence agency personnel--
by requiring a l00% guarantee that each person poses no threat.
  No professional security or law enforcement professional will give 
anyone a 100% guarantee about anything.
  They will not provide a l00% guarantee because they believe that 
something or someone is a threat--they will not provide a guarantee 
because it is grossly unprofessional to do so and we should never ask 
them to do this.
  On its face H.R. 4038 would end any hope of asylum in the United 
States for any refugee from Iraq or Syria.
  If this is what the leadership wants then they should say it plainly 
and have a debate about profiling as a national policy.
  I cannot support this bill, but I am committed to working with my 
colleagues on both sides of the aisle to find common ground.


    THE SCREENING PROCESS FOR ENTRY TO THE UNITED STATES FOR SYRIAN 
                                REFUGEES

       Applicants register with the U.N. High Commissioner for 
     Refugees, or UNHCR, which collects identifying documents; 
     biodata, such as name, date of birth, and place of birth; and 
     biometrics, most commonly an iris scan.
       UNHCR interviews applicants to confirm refugee status and 
     the need for resettlement. Biodata, biometrics, and 
     identifying documents are checked again.
       Applicants fulfill criteria to be considered a refugee 
     under U.S. law and processing priority qualifications.
       Applicants meet UNHCR resettlement requirements and are 
     referred to the United States for resettlement.
       Applicants are received and interviewed by a Resettlement 
     Support Center, or RSC, operated by the U.S. Department of 
     State's Bureau of Population, Refugees, and Migration. The 
     RSC compiles information for the security clearance process 
     conducted by the U.S. Department of Homeland Security, or 
     DHS.
       Biographic and biometric checks: Refugee applicants are 
     vetted against law enforcement, intelligence community, and 
     other relevant databases to help confirm the applicants' 
     identity and check for any criminal or other derogatory 
     information.
       First biographic check: Applicants are checked against the 
     U.S. State Department's Consular Lookout and Support System, 
     initiated at the time of prescreening by the RSC. Enhanced 
     interagency security checks also take place at this time.
       Second biographic check: If applicants meet certain 
     criteria, the RSC requests Security Advisory Opinions from 
     the law enforcement and intelligence communities.
       Third biographic check: If applicants are within a 
     designated age range, the National Counterterrorism Center 
     conducts an interagency check, or IAC. Initially, the IAC was 
     required only for Iraqi applicants but is now required for 
     all qualified refugee applicants.
       First biometric check: Applicants' fingerprints and 
     photographs are taken by a trained U.S. government employee. 
     Fingerprints are screened against the FBI's Next Generation 
     Identification system.
       Second biometric check: Applicants' fingerprints are 
     screened against the DHS Automated Biometric Identification 
     System, which contains watch-list information and previous 
     immigration encounters in the United States and overseas.
       Third biometric check: If applicants are within a 
     designated age range, fingerprints are screened against the 
     U.S. Department of Defense Automated Biometric Identification 
     System, which includes fingerprint records captured in Iraq.
       Syrian refugee applications are reviewed at U.S. 
     Citizenship and Immigration Services, or USCIS, headquarters 
     by a Refugee Affairs Division officer.
       Applicants that meet certain criteria are referred to the 
     USCIS Fraud Detection and National Security Directorate for 
     additional review and research that is used by the 
     interviewing officer to inform lines of inquiry related to 
     applicants' eligibility and credibility.
       USCIS interviews applicants in person while abroad to 
     determine whether or not they can be approved for 
     resettlement to the United States.
       USCIS approves applicants for resettlement in the United 
     States.
       Applicants undergo health screening to ensure that those 
     with a contagious disease do not enter the United States.
       Applicants complete cultural orientation classes.
       Applicants are matched with a U.S.-based resettlement 
     agency, a process called sponsorship assurance.
       Applicants under a second interagency security check to 
     make sure no new information disqualifies them for admittance 
     to the United States.
       Prior to entry to the United States, applicants are subject 
     to screening from the U.S. Customs and Border Protection 
     National Targeting Center Passenger and the Transportation 
     Security Administration's Secure Flight program.

  Ms. ROYBAL-ALLARD. Mr. Speaker, I stand in strong solidarity with our 
brothers and sisters in France. I join them in their grief over the 
tragic events of November 13, I keep them in my thoughts and prayers, 
and I hope that their healing will soon begin.
  In the wake of the heinous attacks in Paris and across the world, I 
stand here today in strong opposition to H.R. 4038, the so-called 
American SAFE Act. As the Ranking Member of the Homeland Security 
Appropriations Subcommittee, my top priority is to keep the American 
people safe. Toward that end, our nation's current review system for 
refugees is extensive and rigorous. Refugees are required to wait 
overseas for at least 18 to 24 months before they can be admitted into 
our country, and they enter only if they meet all vetting requirements. 
The current process checks biographical and biometric data against law 
enforcement and intelligence databases, and there is no waiver for any 
part of the process.
  H.R. 4038 seeks to exploit the understandable fear that some 
Americans feel by effectively shutting down the refugee resettlement 
program for Syrian and Iraqi nationals, possibly for years, until a new 
vetting process is established. The passage of this bill will 
effectively close our doors to people seeking refuge from barbaric 
attacks like those that were committed in Paris.
  I support looking for ways to strengthen the screening process our 
nation currently has in place. However, strengthening our refugee 
screening process does not mean we must turn our back on some of the 
globe's most vulnerable people, especially women and children. That 
would go against our American values and weaken our standing among our 
allies. This includes France, which, in spite of the horrors it 
experienced in Paris, has pledged to take in 30,000 refugees.
  The United States has been built by people of many nations, races, 
and faiths, who fled hunger and persecution in search of a better life 
in America. We have a long history of welcoming the tired, the poor, 
and the huddled masses yearning to breathe free. For centuries, America 
has been a beacon of light and hope for those in need. Let us not dim 
that light in the face of fear. Let us not block the refuge that our 
nation can provide to the men, women, and children who suffer at the 
hands of extremist regimes. Let us embrace the maxim that our French 
brothers and sisters have shared with the world, one that exemplifies 
three universal values of humanity: Liberty, Equality, and Fraternity.
  I urge all Members to oppose this bill.
  Mr. RUPPERSBERGER. Mr. Speaker, as a lawmaker who has dedicated the 
last 12 years to working on issues of national security, I have spent 
thousands of hours in classified briefings on threats both domestic and 
abroad. I have traveled to dozens of terrorism hotspots around the 
globe, meeting with foreign dignitaries and our intelligence workers on 
the front lines. No one more strongly believes that our first and most 
important responsibility is the protection of all Americans. We must 
always scrutinize any foreigner who wants to enter our country for any 
reason.
  Today, the highest level of security screening of any category 
traveler or immigrant belongs to refugees. Those screenings involve 
health checks, biometric tests to confirm identity and multiple layers 
of background checks along with in-person interviews by specially 
trained Department of Homeland Security officers. The process involves 
not only DHS but the National Counterterrorism Center, the FBI's 
Terrorist Screening Center, the State Department and the Department of 
Defense, each of which must certify the refugee's status at every 
stage. If a refugee's background or identity cannot be confirmed at any 
point, their application ends.
  Syrian refugees receive an additional layer of screening, culminating 
in a process that usually takes 18 to 24 months before they set foot on 
U.S. soil, if they are even approved.

[[Page 18535]]

  As a security expert, I know that most terrorists already live in the 
U.S. or they come via illegal means. But it would be far easier for 
terrorists to enter the country legally on a tourist visa or through 
the visa waiver program if they are citizens of eligible nations, 
including France and Belgium, which is where the Paris attackers were 
citizens.
  It is important to note that the legislation under consideration in 
the U.S. House of Representatives applies only to Syrian and Iraqi 
refugees--but not refugees from other countries with known terror 
networks including Yemen, Nigeria and Afghanistan.
  I am not convinced this bill would protect our country from foreign 
enemies any more than existing processes and procedures. Since 2001, 
only about 2,200 Syrian refugees have been admitted to the United 
States. Half are children and another quarter is over the age of 60. 
These refugees are victims of the same terrorists we are trying to 
defeat. Banning them would not only do nothing to strengthen our 
national security, it would fuel the anti-American sentiment that 
strengthens ISIS. The best way to address the refugee crisis is by 
removing the threat.
  For these reasons, I oppose the American SAFE Act of 2015 and support 
the Secure Refugee Process Act of 2015.
  The SPEAKER pro tempore (Mr. Holding). All time for debate has 
expired.
  Pursuant to House Resolution 531, the previous question is ordered on 
the bill.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. THOMPSON of Mississippi. Mr. Speaker, I have a motion to recommit 
at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. THOMPSON of Mississippi. I am opposed.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Thompson of Mississippi moves to recommit the bill H.R. 
     4038 to the Committee on Judiciary with instructions to 
     report the same back to the House forthwith with the 
     following amendment:
       Strike all that follows after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Secure Refugee Process Act 
     of 2015''.

     SEC. 2. SUPPLEMENTAL LIMITATIONS ON ADMISSION OF REFUGEES.

       (a) Identity Verification Required.--No refugee applicant 
     of special interest shall be admitted as a refugee, until the 
     refugee applicant of special interest has satisfactorily 
     established his or her identity pursuant to procedures 
     established by the Secretary of Homeland Security, which 
     shall address any insufficient, conflicting, or unreliable 
     information, including biographic and biometric data that has 
     not been resolved at the time of admission.
       (b) Comprehensive Review of Refugees To Identify Security 
     Threats to the United States.--No refugee applicant of 
     special interest shall be admitted as a refugee, if, by the 
     time of admission, the identity of the refugee applicant of 
     special interest's identity has not been checked against all 
     relevant records or databases maintained by the Secretary of 
     Homeland Security, the Attorney General (including the 
     Federal Bureau of Investigation), the Secretary of State, the 
     Secretary of Defense, the Director of National Intelligence, 
     and other Federal records or databases that the Secretary of 
     Homeland Security considers necessary, to determine any 
     national security, criminal, or other grounds on which the 
     refugee applicant of special interest may be inadmissible to 
     the United States.
       (c) Certification Required.--A refugee applicant of special 
     interest may only be admitted to the United States as a 
     refugee after the Secretary of Homeland Security certifies 
     that all provisions of this Act have been complied with and 
     that the refugee applicant of special interest has not been 
     firmly resettled in a safe third country as described in 
     section 208(b)(2)(A)(vi) of the Immigration and Nationality 
     Act.
       (d) Monthly Report to Congress.--The Secretary of Homeland 
     Security shall submit to the appropriate Congressional 
     Committees a monthly report on, for the month preceding the 
     date of the report, the total number of refugee applicants of 
     special interest and the number of refugee applicants of 
     special interest whose applications were denied.
       (e) Inspector General Review.--The Inspector General of the 
     Department of Homeland Security shall conduct an annual risk-
     based review of a statistically valid sampling of 
     certifications and provide an annual report detailing its 
     findings to the appropriate Congressional Committees.
       (f) Definition.--In this Act:
       (1) 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.
       (2) The term ``refugee applicant of special interest'' 
     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.

  Mr. GOWDY (during the reading). Mr. Speaker, I reserve a point of 
order.
  The SPEAKER pro tempore. A point of order is reserved.
  The Clerk will continue to read.
  The Clerk continued to read.
  Mr. THOMPSON of Mississippi (during the reading). Mr. Speaker, I ask 
unanimous consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Mississippi is recognized for 5 minutes in support of his motion.
  Mr. THOMPSON of Mississippi. Mr. Speaker, this is the final amendment 
to the bill, which will not kill the bill or send it back to committee. 
If adopted, the bill will immediately proceed to final passage, as 
amended.
  Mr. Speaker, my motion to recommit will do several things:
  The first thing it will do is require the Secretary of Homeland 
Security to verify the identity of refugee applicants. Any application 
that contains insufficient, conflicting, or unreliable information 
would be denied.
  The second point of my motion to recommit is that this motion will 
require at least five Federal agencies--the Department of Homeland 
Security, the Attorney General and the Federal Bureau of Investigation, 
the Secretary of State, the Secretary of Defense, the Director of 
National Intelligence--all together to check refugee applicants against 
their records. Any application that indicates a national security or 
criminal threat would be denied.
  In addition, Mr. Speaker, my motion would also require that the 
Secretary of Homeland Security would certify that all relevant Federal 
immigration laws have been complied with and that the applicant has not 
been resettled in a safe third-party country, and has the Department of 
Homeland Security inspector general's review as a sample of the 
certifications.
  Fourthly, Mr. Speaker, my motion to recommit would require the 
Department of Homeland Security inspector general to submit monthly 
reports to Congress on refugee applications from Syria and Iraq. The 
Secure Refugee Process Act of 2015 is a pro-security, pro-compassion 
bill that would ensure the U.S. continues to maintain the most 
extensive interagency security screening process in the world to vet 
all people who seek safe harbor in our great Nation.
  Mr. Speaker, the people we are talking about in this particular 
motion really don't have a country. Many of them have been tortured. 
The women have been raped. The children, for lack of a better term, are 
destitute.

                              {time}  1315

  We are a Nation of values. My bill speaks to those values.

[[Page 18536]]

  It does not pause the process. It does not create a moratorium on the 
process. It adds an additional layer of security without stopping the 
refugee program.
  It is not an immigration bill. It is a refugee program. As I said 
earlier, we had 23,000 individuals apply for status under this 
particular program who were Iraqi or Syrian citizens. Of that number, 
7,000 received interviews. Of that number, around 2,000 were approved. 
So it takes time. My motion to recommit is a prudent approach to 
recognizing the values of this country.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GOWDY. Mr. Speaker, I withdraw my reservation of a point of 
order.
  The SPEAKER pro tempore. The reservation of a point of order is 
withdrawn.
  Mr. GOWDY. I rise in opposition to the motion.
  The SPEAKER pro tempore. The gentleman from South Carolina is 
recognized for 5 minutes.
  Mr. GOWDY. Mr. Speaker, national security and public safety are the 
preeminent functions of government. National security and public safety 
are not simply factors to be considered in the administration of some 
broader policy objective. National security and public safety are the 
ultimate policy objectives. And the safety and security of our fellow 
citizens should be the driving force behind every decision that we 
make.
  This country, Mr. Speaker, has a long, proud, rich history of 
welcoming those fleeing persecution and liberating those suffering 
under oppression. We are the most welcoming, generous country in the 
world, having taken in over 3 million refugees since 1975.
  We are generous and compassionate, Mr. Speaker, because we are free. 
And we are free because we are a country rooted in the law and public 
safety and standards of decency protected by a fundamental commitment 
to national security.
  The world we currently find ourselves in, Mr. Speaker, is imperfect--
and becoming more imperfect. So, rather than address the underlying 
pathology that results in displaced people, this administration is 
focused on the symptoms.
  There are refugees from the Middle East and northern Africa because 
those regions are on fire and riddled with chaos. Our bright lines and 
policies of containment, smart power, or whatever we call it today, 
have failed.
  Mr. Speaker, terrorists took the lives of over 100 innocent people in 
France and injured many more because they could. They killed a hundred 
only because they could not kill a thousand. Their objective is evil 
for the sake of evil, murder for the sake of murder; wanton and willful 
violence and premeditated depravity calculated to take innocent lives.
  The terrorists have been very open about their present and future 
objectives. We should, therefore, be equally clear about our 
objectives.
  Administration officials responsible for national security and public 
safety, Mr. Speaker, have repeatedly warned us they cannot vet failed 
nation-states. They cannot do background investigations where there is 
no database.
  ISIS will use any means available to harm us. What this 
administration needs to tell the American people, Mr. Speaker, is how 
much risk is acceptable. Given the consequences of reconciling the risk 
wrongly, how much risk is this administration willing to take?
  When it comes to public safety, we have to be successful all of the 
time. And those who seek to do us harm have to be successful just once. 
So how much risk are you willing to take with your own safety? How much 
risk are you willing to take with the safety of those you swore an oath 
to represent? Have you done everything in your power to mitigate that 
risk? Have you done everything in your power to explore alternatives 
other than resettlement here?
  Mr. Speaker, every decision we make as elected officials should be 
with the safety and security of our fellow citizens as the preeminent 
objective. Unless and until those in charge of security and public 
safety can provide assurances, the aid we render to those in need 
should be rendered where they are.
  In conclusion, Mr. Speaker, let me say this. The President is the 
Commander in Chief. He should help us make this, our home, safer. He 
should help us make the homeland of the refugees safer. He should 
restore order to the region. That would be the very best and most 
humane thing we could all do: provide a better, safer life for those 
who aspire for one where they are.
  Mr. Speaker, I oppose the motion to recommit and support the 
underlying bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. THOMPSON of Mississippi. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to recommit will be followed by 
5-minute votes on passage of the bill, if ordered, and agreeing to the 
Speaker's approval of the Journal, if ordered.
  The vote was taken by electronic device, and there were--yeas 180, 
nays 244, not voting 9, as follows:

                             [Roll No. 642]

                               YEAS--180

     Adams
     Aguilar
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeGette
     Delaney
     DeLauro
     DelBene
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Duckworth
     Edwards
     Engel
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Graham
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hastings
     Heck (WA)
     Higgins
     Himes
     Honda
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     Norcross
     O'Rourke
     Pallone
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Rangel
     Rice (NY)
     Richmond
     Roybal-Allard
     Ruiz
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Welch
     Yarmuth

                               NAYS--244

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Ashford
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crawford
     Crenshaw
     Culberson
     Curbelo (FL)
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers (NC)
     Emmer (MN)
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry

[[Page 18537]]


     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Gibson
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jones
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kline
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Nugent
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Russell
     Salmon
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Whitfield
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                             NOT VOTING--9

     DeFazio
     Ellison
     Hinojosa
     Ruppersberger
     Takai
     Watson Coleman
     Westmoreland
     Williams
     Wilson (FL)

                              {time}  1345

  Mr. AUSTIN SCOTT of Georgia changed his vote from ``yea'' to ``nay.''
  Ms. EDWARDS, Mr. BUTTERFIELD, Ms. GABBARD, Messrs. CROWLEY, HONDA, 
and LARSEN of Washington changed their vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. Graves of Louisiana). The question is on 
the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. SENSENBRENNER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 289, 
noes 137, not voting 8, as follows:

                             [Roll No. 643]

                               AYES--289

     Abraham
     Aderholt
     Aguilar
     Allen
     Amash
     Amodei
     Ashford
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bera
     Bilirakis
     Bishop (GA)
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Brownley (CA)
     Buchanan
     Buck
     Bucshon
     Burgess
     Bustos
     Byrne
     Calvert
     Carney
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Connolly
     Cook
     Cooper
     Costa
     Costello (PA)
     Courtney
     Cramer
     Crawford
     Crenshaw
     Cuellar
     Culberson
     Curbelo (FL)
     Davis, Rodney
     Delaney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Doggett
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers (NC)
     Emmer (MN)
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gabbard
     Garamendi
     Garrett
     Gibbs
     Gibson
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graham
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Green, Gene
     Griffith
     Grothman
     Guinta
     Guthrie
     Hahn
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Himes
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Israel
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jordan
     Joyce
     Kaptur
     Katko
     Keating
     Kelly (MS)
     Kelly (PA)
     Kind
     King (NY)
     Kinzinger (IL)
     Kline
     Knight
     Kuster
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Langevin
     Latta
     Lipinski
     LoBiondo
     Loebsack
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lummis
     Lynch
     MacArthur
     Maloney, Sean
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (FL)
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Nolan
     Norcross
     Nugent
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Peters
     Peterson
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Polis
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (NY)
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Ruiz
     Russell
     Ryan (OH)
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schrader
     Schweikert
     Scott, Austin
     Scott, David
     Sensenbrenner
     Sessions
     Sewell (AL)
     Shimkus
     Shuster
     Simpson
     Sinema
     Slaughter
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Veasey
     Vela
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Walz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Whitfield
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                               NOES--137

     Adams
     Bass
     Beatty
     Becerra
     Beyer
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardenas
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Crowley
     Cummings
     Davis (CA)
     Davis, Danny
     DeGette
     DeLauro
     DelBene
     DeSaulnier
     Deutch
     Dingell
     Doyle, Michael F.
     Duckworth
     Edwards
     Engel
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gallego
     Grayson
     Green, Al
     Grijalva
     Gutierrez
     Hastings
     Heck (WA)
     Higgins
     Honda
     Hoyer
     Huffman
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     King (IA)
     Kirkpatrick
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Maloney, Carolyn
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Nadler
     Napolitano
     Neal
     O'Rourke
     Pallone
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Pingree
     Pocan
     Price (NC)
     Quigley
     Rangel
     Richmond
     Roybal-Allard
     Rush
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Sherman
     Sires
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters, Maxine
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--8

     DeFazio
     Ellison
     Hinojosa
     Ruppersberger
     Takai
     Watson Coleman
     Westmoreland
     Williams

                              {time}  1355

  Mr. RUSSELL changed his vote from ``no'' to ``aye.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.


                          PERSONAL EXPLANATION

  Ms. WATSON COLEMAN. Mr. Speaker, I was, unfortunately, unable to vote 
today due to a personal matter. Had I been present I would have voted 
the following ways: rollcall 641--H.R. 3189, the FORM Act of 2015--
``nay;'' rollcall 643--H.R. 4038, the American SAFE Act of 2015--
``nay.''


                          personal explanation

  Mr. TAKAI. Mr. Speaker, on Thursday, November 19, I was absent from 
the House due to illness. Due to my absence, I am not recorded on any 
legislative measures for the day. I would like to reflect how I would 
have voted had I been present for legislative business.

[[Page 18538]]

  Had I been present, I would have voted ``no'' on rollcall 638, the 
Motion on Ordering the Previous Question on the American SAFE Act of 
2015.
  I would have voted ``yes'' on rollcall 639, providing for 
consideration of the American SAFE Act of 2015.
  I would have voted ``yes'' on rollcall 640, the Democratic Motion to 
Recommit the FORM Act of 2015.
  I would have voted ``no'' on rollcall 641, the FORM Act of 2015.
  I would have voted ``yes'' on rollcall 642, the Democratic Motion to 
Recommit the American SAFE Act of 2015.
  I would have voted ``no'' on rollcall 643, the American SAFE Act of 
2015.


                          Personal Explanation

  Mr. RUPPERSBERGER. Mr. Speaker, I was not able to vote today for 
medical reasons.
  Had I been present on rollcall vote 638, I would have voted ``no.''
  Had I been present on rollcall vote 639, I would have voted ``no.''
  Had I been present on rollcall vote 640, I would have voted ``yes.''
  Had I been present on rollcall vote 641, I would have voted ``no.''
  Had I been present on rollcall vote 642, I would have voted ``yes.''
  Had I been present on rollcall vote 643, I would have voted ``no.''

                          ____________________