II 

Calendar No. 300 

114TH CONGRESS 

1ST SESSION H. R. 4038 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 19, 2015 

Received; read the first time 

NOVEMBER 19, 2015 

Deemed read the second time, pursuant to the order of November 19, 2015, 

and placed on the calendar 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Against Foreign Enemies Act of 2015’’ or as the ‘‘Amer6 ican SAFE Act of 2015’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

HR 4038 PCS 

1 SEC. 2. REVIEW OF REFUGEES TO IDENTIFY SECURITY 

2 THREATS TO THE UNITED STATES. 

3 (a) BACKGROUND INVESTIGATION.—In addition to 

4 the screening conducted by the Secretary of Homeland Se5 curity, the Director of the Federal Bureau of Investigation 

6 shall take all actions necessary to ensure that each covered 

7 alien receives a thorough background investigation prior 

8 to admission as a refugee. A covered alien may not be ad9 mitted as a refugee until the Director of the Federal Bu10 reau of Investigation certifies to the Secretary of Home11 land Security and the Director of National Intelligence 

12 that each covered alien has received a background inves13 tigation that is sufficient to determine whether the covered 

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

15 (b) CERTIFICATION BY UNANIMOUS CONCUR16 RENCE.—A covered alien may only be admitted to the 

17 United States after the Secretary of Homeland Security, 

18 with the unanimous concurrence of the Director of the 

19 Federal Bureau of Investigation and the Director of Na20 tional Intelligence, certifies to the appropriate Congres21 sional Committees that the covered alien is not a threat 

22 to the security of the United States. 

23 (c) INSPECTOR GENERAL REVIEW OF CERTIFI24 CATIONS.—The Inspector General of the Department of 

25 Homeland Security shall conduct a risk-based review of 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
3 

HR 4038 PCS 

1 shall provide an annual report detailing the findings to 

2 the appropriate Congressional Committees. 

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

4 Security shall submit to the appropriate Congressional 

5 Committees a monthly report on the total number of appli6 cations for admission with regard to which a certification 

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

8 aliens with regard to whom such a certification was not 

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

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

11 whom a certification was not made, the concurrence or 

12 nonconcurrence of each person whose concurrence was re13 quired by subsection (b). 

14 (e) DEFINITIONS.—In this Act: 

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

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

17 United States as a refugee who— 

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

19 Syria; 

20 (B) has no nationality and whose last ha21 bitual residence was in Iraq or Syria; or 

22 (C) has been present in Iraq or Syria at 

23 any time on or after March 1, 2011. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
4 

HR 4038 PCS 

1 (2) APPROPRIATE CONGRESSIONAL COM2 MITTEE.—The term ‘‘appropriate Congressional 

3 Committees’’ means— 

4 (A) the Committee on Armed Services of 

5 the Senate; 

6 (B) the Select Committee on Intelligence 

7 of the Senate; 

8 (C) the Committee on the Judiciary of the 

9 Senate; 

10 (D) the Committee on Homeland Security 

11 and Governmental Affairs of the Senate; 

12 (E) the Committee on Foreign Relations of 

13 the Senate; 

14 (F) the Committee on Appropriations of 

15 the Senate; 

16 (G) the Committee on Armed Services of 

17 the House of Representatives; 

18 (H) the Permanent Select Committee on 

19 Intelligence of the House of Representatives; 

20 (I) the Committee on the Judiciary of the 

21 House of Representatives; 

22 (J) the Committee on Homeland Security 

23 of the House of Representatives; 

24 (K) the Committee on Appropriations of 

25 the House of Representatives; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
5 

HR 4038 PCS 

1 (L) the Committee on Foreign Affairs of 

2 the House of Representatives. 

Passed the House of Representatives November 19, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
Calendar No. 300 

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 

NOVEMBER 19, 2015 

Received; read the first time 

NOVEMBER 19, 2015 

Deemed read the second time, pursuant to the order of 

November 19, 2015, and placed on the calendar 


asabaliauskas on DSK5VPTVN1PROD with BILLS