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H.R. 4038

American Security Against Foreign Enemies Act of 2015

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

American Security Against Foreign Enemies Act of 2015 or the American SAFE Act of 2015

(Sec. 2) This bill requires that, in addition to the Department of Homeland Security (DHS) screening, the Federal Bureau of Investigation (FBI) shall take all actions necessary to ensure that each covered alien receives a background investigation before U.S. refugee admission.

A "covered alien" is any alien applying for U.S. refugee admission who:

  • is a national or resident of Iraq or Syria,
  • has no nationality and whose last habitual residence was in Iraq or Syria, or
  • has been present in Iraq or Syria at any time on or after March 1, 2011.

A covered alien:

  • may not be admitted as a refugee until the FBI certifies to DHS and the Director of National Intelligence (DNI) that he or she has received a background investigation sufficient to determine whether the alien is a U.S. security threat; and
  • may only be admitted to the United States after DHS, with the unanimous concurrence of the FBI and the DNI, certifies to Congress that he or she is not such a threat.

The Inspector General of DHS shall conduct annual risk-based reviews of all certifications.

DHS shall report monthly to Congress on the total number of admission applications for which a certification was made and the number of covered aliens for whom such a certification was not made for the preceding month. The report shall include for each covered alien for whom a certification was not made the concurrence or nonconcurrence of each person whose concurrence was required by the certification.

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 55 - 43. Record Vote Number: 4. (consideration: CR S111; text: CR S111)

Rep. McCaul, Michael T. [R-TX-10](R-TX)Sponsor
103 cosponsors1 D102 R
103cosponsors1committees22actions7amendments5related bills11subjects
  1. Floor

    Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 55 - 43. Record Vote Number: 4. (consideration: CR S111; text: CR S111)

  2. Floor

    Motion to proceed to measure considered in Senate. (consideration: CR S111)

  3. Floor

    Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S63; text: CR S63)

  4. Floor

    Motion to proceed to consideration of measure made in Senate. (consideration: CR S63)

  5. Calendars

    Received in the Senate. Read the first time. Deemed read the second time, pursuant to the order of November 19, 2015. Placed on Senate Legislative Calendar under General Orders. Calendar No. 300.

  6. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  7. FloorH37100

    On passage Passed by recorded vote: 289 - 137 (Roll no. 643). (text: CR H8381)

  8. Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 289 - 137 (Roll no. 643).(text: CR H8381)

  9. FloorH36110

    On motion to recommit with instructions Failed by the Yeas and Nays: 180 - 244 (Roll no. 642).

    Judiciary Committee
  10. FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H8399)

  11. FloorH8D000

    Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Thompson (MS) motion to recommit with instructions pending a reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment requiring the Department of Homeland Security to have procedures in place to ensure that it has requisite information to confirm the identity of refugee applicants; authorizing a comprehensive review of refugees to identify security threats; requiring DHS to certify that a comprehensive review was undertaken; and providing for monthly DHS reports on refugee applications from Syria and Iraq and DHS Inspector General reviews of DHS certifications. Subsequently, the reservation of a point of order was withdrawn.

  12. FloorH36100

    Mr. Thompson (MS) moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H8397-8399; text: CR H8397-8398)

    Judiciary Committee
  13. FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H8397)

  14. FloorH8D000

    DEBATE - The House proceeded with one hour of debate on H.R. 4038.

  15. FloorH8D000

    Rule provides for consideration of H.R. 4038 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.

  16. FloorH30000

    Considered under the provisions of rule H. Res. 531. (consideration: CR H8381-8400)

  17. FloorH1L220

    Rule H. Res. 531 passed House.

  18. FloorH1L210

    Rules Committee Resolution H. Res. 531 Reported to House. Rule provides for consideration of H.R. 4038 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.

  19. Committee

    Referred to the Subcommittee on Immigration and Border Security.

    Immigration Integrity, Security, and Enforcement Subcommittee
  20. IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  21. IntroReferralIntro-H

    Introduced in House

  22. IntroReferral1000

    Introduced in House

Nov 19, 201581

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

American Security Against Foreign Enemies Act of 2015 or the American SAFE Act of 2015

(Sec. 2) This bill requires that, in addition to the Department of Homeland Security (DHS) screening, the Federal Bureau of Investigation (FBI) shall take all actions necessary to ensure that each covered alien receives a background investigation before U.S. refugee admission.

A "covered alien" is any alien applying for U.S. refugee admission who:

  • is a national or resident of Iraq or Syria,
  • has no nationality and whose last habitual residence was in Iraq or Syria, or
  • has been present in Iraq or Syria at any time on or after March 1, 2011.

A covered alien:

  • may not be admitted as a refugee until the FBI certifies to DHS and the Director of National Intelligence (DNI) that he or she has received a background investigation sufficient to determine whether the alien is a U.S. security threat; and
  • may only be admitted to the United States after DHS, with the unanimous concurrence of the FBI and the DNI, certifies to Congress that he or she is not such a threat.

The Inspector General of DHS shall conduct annual risk-based reviews of all certifications.

DHS shall report monthly to Congress on the total number of admission applications for which a certification was made and the number of covered aliens for whom such a certification was not made for the preceding month. The report shall include for each covered alien for whom a certification was not made the concurrence or nonconcurrence of each person whose concurrence was required by the certification.

Nov 17, 2015

American Security Against Foreign Enemies Act of 2015 or the American SAFE Act of 2015

This bill requires that, in addition to the Department of Homeland Security (DHS) screening, the Federal Bureau of Investigation (FBI) shall take all actions necessary to ensure that each covered alien receives a background investigation before U.S. refugee admission.

A "covered alien" is any alien applying for U.S. refugee admission who:

  • is a national or resident of Iraq or Syria,
  • has no nationality and whose last habitual residence was in Iraq or Syria, or
  • has been present in Iraq or Syria at any time on or after March 1, 2011.

A covered alien:

  • may not be admitted as a refugee until the FBI certifies to DHS and the Director of National Intelligence (DNI) that he or she has received a background investigation sufficient to determine whether the alien is a U.S. security threat; and
  • may only be admitted to the United States after DHS, with the unanimous concurrence of the FBI and the DNI, certifies to Congress that he or she is not such a threat.

The Inspector General of DHS shall conduct annual risk-based reviews of all certifications.

DHS shall report monthly to Congress on the total number of admission applications for which a certification was made and the number of covered aliens for whom such a certification was not made for the preceding month. The report shall include for each covered alien for whom a certification was not made the concurrence or nonconcurrence of each person whose concurrence was required by the certification.

American Security Against Foreign Enemies Act of 2015 — Informed