114TH CONGRESS 

1ST SESSION H. R. 4038 

AN ACT 

To require that supplemental certifications and background 

investigations be completed prior to the admission of 

certain aliens as refugees, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘American Security 

3 Against Foreign Enemies Act of 2015’’ or as the ‘‘Amer4 ican SAFE Act of 2015’’. 

5 SEC. 2. REVIEW OF REFUGEES TO IDENTIFY SECURITY 

6 THREATS TO THE UNITED STATES. 

7 (a) BACKGROUND INVESTIGATION.—In addition to 

8 the screening conducted by the Secretary of Homeland Se9 curity, the Director of the Federal Bureau of Investigation 

10 shall take all actions necessary to ensure that each covered 

11 alien receives a thorough background investigation prior 

12 to admission as a refugee. A covered alien may not be ad13 mitted as a refugee until the Director of the Federal Bu14 reau of Investigation certifies to the Secretary of Home15 land Security and the Director of National Intelligence 

16 that each covered alien has received a background inves17 tigation that is sufficient to determine whether the covered 

18 alien is a threat to the security of the United States. 

19 (b) CERTIFICATION BY UNANIMOUS CONCUR20 RENCE.—A covered alien may only be admitted to the 

21 United States after the Secretary of Homeland Security, 

22 with the unanimous concurrence of the Director of the 

23 Federal Bureau of Investigation and the Director of Na24 tional Intelligence, certifies to the appropriate Congres25 sional Committees that the covered alien is not a threat 

26 to the security of the United States. 
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1 (c) INSPECTOR GENERAL REVIEW OF CERTIFI2 CATIONS.—The Inspector General of the Department of 

3 Homeland Security shall conduct a risk-based review of 

4 all certifications made under subsection (b) each year and 

5 shall provide an annual report detailing the findings to 

6 the appropriate Congressional Committees. 

7 (d) MONTHLY REPORT.—The Secretary of Homeland 

8 Security shall submit to the appropriate Congressional 

9 Committees a monthly report on the total number of appli10 cations for admission with regard to which a certification 

11 under subsection (b) was made and the number of covered 

12 aliens with regard to whom such a certification was not 

13 made for the month preceding the date of the report. The 

14 report shall include, for each covered alien with regard to 

15 whom a certification was not made, the concurrence or 

16 nonconcurrence of each person whose concurrence was re17 quired by subsection (b). 

18 (e) DEFINITIONS.—In this Act: 

19 (1) COVERED ALIEN.—The term ‘‘covered 

20 alien’’ means any alien applying for admission to the 

21 United States as a refugee who— 

22 (A) is a national or resident of Iraq or 

23 Syria; 

24 (B) has no nationality and whose last ha25 bitual residence was in Iraq or Syria; or 
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1 (C) has been present in Iraq or Syria at 

2 any time on or after March 1, 2011. 

3 (2) APPROPRIATE CONGRESSIONAL COM4 MITTEE.—The term ‘‘appropriate Congressional 

5 Committees’’ means— 

6 (A) the Committee on Armed Services of 

7 the Senate; 

8 (B) the Select Committee on Intelligence 

9 of the Senate; 

10 (C) the Committee on the Judiciary of the 

11 Senate; 

12 (D) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate; 

14 (E) the Committee on Foreign Relations of 

15 the Senate; 

16 (F) the Committee on Appropriations of 

17 the Senate; 

18 (G) the Committee on Armed Services of 

19 the House of Representatives; 

20 (H) the Permanent Select Committee on 

21 Intelligence of the House of Representatives; 

22 (I) the Committee on the Judiciary of the 

23 House of Representatives; 

24 (J) the Committee on Homeland Security 

25 of the House of Representatives; 
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1 (K) the Committee on Appropriations of 

2 the House of Representatives; and 

3 (L) the Committee on Foreign Affairs of 

4 the House of Representatives. 

Passed the House of Representatives November 19, 

2015. 

Attest: 

Clerk. 
114TH CONGRESS 

1ST SESSION H. R. 4038 

AN ACT 

To require that supplemental certifications and 

for other purposes. the admission of certain aliens as refugees, and background investigations be completed prior to