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. 
Be it enacted by the Senate and House of Representa-
tives 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 ‘‘Amer-
ican SAFE Act of 2015’’. 
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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 Se-
curity, 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 ad-
mitted as a refugee until the Director of the Federal Bu-
reau of Investigation certifies to the Secretary of Home-
land Security and the Director of National Intelligence 
that each covered alien has received a background inves-
tigation that is sufficient to determine whether the covered 
alien is a threat to the security of the United States. 
(b) 
CERTIFICATION
BY
UNANIMOUS
CONCUR-
RENCE.—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 Na-
tional Intelligence, certifies to the appropriate Congres-
sional Committees that the covered alien is not a threat 
to the security of the United States. 
(c) INSPECTOR
GENERAL
REVIEW
OF
CERTIFI-
CATIONS.—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 
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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 appli-
cations 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 re-
quired 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 ha-
bitual residence was in Iraq or Syria; or 
(C) has been present in Iraq or Syria at 
any time on or after March 1, 2011. 
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(2) 
APPROPRIATE
CONGRESSIONAL
COM-
MITTEE.—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 
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(L) the Committee on Foreign Affairs of 
the House of Representatives. 
Passed the House of Representatives November 19, 
2015. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 300 
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. 
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 
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22:08 Nov 19, 2015
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