Date: 2015-11-19
Speaker: JACKSON LEE (democrat)
Chamber: H

Mr. Speaker. I rise today to speak in opposition to the rule governing debate on this bill and the underlying bill H.R. 4038. the "American Security Against Enemies Act of 2015" (America SAFE Act). This bill represents a rush to judgement. It has been rushed to the floor without the regular order deliberative process promised by the House Leadership. H.R. 4038 was introduced on Tuesday. November 17. 2015. in violation of House Rules. without consideration or review by the House oversight committees. Today. November 19. 2015 it is on the floor for debate and votes. This bill does not further the national security interest of our countryin fact it harms those interests. The United States does have an urgent need to deal with the humanitarian crisis that is unfolding in the wake of ISIS/ISIL aggression in Syria and Iraq. There are 60 million displaced persons because of the war. The Syrian/Iraqi conflict has claimed over 240.000 lives. Mr. Speaker. this bill is written as if no process exists for vetting Iraqi or Syrian refugees. In fact a very rigorous process is in place that has been honed over the past several years by intelligence and law enforcement agencies. They have established and perfected an intense form of screening for Syrians called the "Syrian Enhanced Review." The American SAFE Act requires a FBI background check for every refugee from Iraq and Syria who applies for asylum in the United States. when a much better process is in place that requires the intelligence agencies and the Department of Defense to vet applicants. This bill 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. The FBI is a domestic law enforcement agencythey have an international presence. but their focus is domestic. The agencies with an international focus such as the State Department. DoD. and intelligence agencies under the leadership of DHS are the experts. The House process for the consideration and deliberation of legislation is intended to prevent bad bills from coming to the floor for a vote. This bill was drafted in hastein application it would require a 5 year old child who is Syrian to have to get the FBI. DHS. DoD. and DNI to agree that she poses no threat to the United States or its people. This bill is doing damage to our nations foreign policy interest by sending a signal to our allies. who are doing much more than the United States is doing to relieve the suffering of Syrian refugees. while also facing the threat of terrorism every day. Mr. Speaker. let me commend Homeland Security Committee Chairman MCCAUL. the lead sponsor of the bill before us. with whom I have worked closely and reached agreement on many matters critical to the security of our homeland. 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. This bill is purported by supporters as not stopping the refugee process for Iraq and Syria. The bill in its language does stop the processsome like to call it a pause. but is a dead stop in the processing of applications from Iraqi and Syrian refugees. They have not read the bill or they do not understand the consequences of the language that requires certification by the FBI. DHS. DoD. and DNI that a refugee poses no threat" in the legislation if they believe that this bill would not end the refugee process for Iraqi and Syrian applicants. The bill calls for 100% certification by the FBI. DHS. DoD. and DNI that no refugee is a threat. No professional security or law enforcement professional will give anyone a 100% guarantee about anything. They will not provide a 100% guarantee because they believe that something or someone is a threatthey 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. The U.S. screening process in place is focused upon applications from women with children. orphans. the seriously ill and the elderly. Mr. Speaker. H.R. 4038 is not necessary at this time because our nation already has in place the worlds 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 takenhe 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 factcheck the refugees 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 inperson interviews. which may take months or years before they are conducted. If. during the screening process. a person from Syria gives responses that raise red flags he or she is selected for more intense examination by U.S. intelligence agencies. The process for those refugees from the conflict area who have entered the United States began with the High Commissioner for Refugees who referred 22.000 applicants to the United States for consideration. The United States through its process only allowed 7.000 for further consideration for admittance and in its final decision permitted 2.000 individuals to be cleared for entrance into the country. 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%. H.R. 4038 has come to the floor 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. The last thing a terrorist would want is to be a refugeeliving in the harsh environment of a refugee camp for two years. Refugees are the victims of terroristsISIS/ ISIL does not love themthey want to murder every last one of them. because they will not bow to them. This rule for this bill troubles me because it has been constructed on tools that allow Congress to act during times of crisis or emergencies. Mr. Speaker a 2year process does not pose any emergency by any definition that can be devised. I cannot support this bill. but I an committed to working with my colleagues on both sides of the aisle to find common ground. The material previously referred to by Mr. McGOVERN is as follows: