Category Archives: Legislation

Obama’s Gun Control Executive ‘Action’ Detail

Posted on by

Of particular note: Executive Orders are subject to legal/judicial review while Executive Actions are not. Action is treated as agency edits.  Obama has asked for big money for this gun control agenda of which Congress will not allocated. To gain the dollars, Obama will have to yet issue another edit re-assigning money around agencies.

President Obama will announce tomorrow his plan to bypass Congress to move on gun control, through Executive Action. The Administration has released a “Fact Sheet.”

The following publication was released by The White House: Gun violence has taken a heartbreaking toll on too many communities across the country. Over the past decade in America, more than 100,000 people have been killed as a result of gun violence—and millions more have been the victim of assaults, robberies, and other crimes involving a gun. Many of these crimes were committed by people who never should have been able to purchase a gun in the first place. Over the same period, hundreds of thousands of other people in our communities committed suicide with a gun and nearly half a million people suffered other gun injuries. Hundreds of law enforcement officers have been shot to death protecting their communities. And too many children are killed or injured by firearms every year, often by accident. The vast majority of Americans—including the vast majority of gun owners—believe we must take sensible steps to address these horrible tragedies.

The President and Vice President are committed to using every tool at the Administration’s disposal to reduce gun violence. Some of the gaps in our country’s gun laws can only be fixed through legislation, which is why the President continues to call on Congress to pass the kind of commonsense gun safety reforms supported by a majority of the American people. And while Congress has repeatedly failed to take action and pass laws that would expand background checks and reduce gun violence, today, building on the significant steps that have already been taken over the past several years, the Administration is announcing a series of commonsense executive actions designed to:

1. Keep guns out of the wrong hands through background checks.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is making clear that it doesn’t matter where you conduct your business—from a store, at gun shows, or over the Internet: If you’re in the business of selling firearms, you must get a license and conduct background checks.

ATF is finalizing a rule to require background checks for people trying to buy some of the most dangerous weapons and other items through a trust, corporation, or other legal entity.

Attorney General Loretta E. Lynch has sent a letter to States highlighting the importance of receiving complete criminal history.

The Federal Bureau of Investigation (FBI) is overhauling the background check system to make it more effective and efficient. The envisioned improvements include processing background checks 24 hours a day, 7 days a week, and improving notification of local authorities when certain prohibited persons unlawfully attempt to buy a gun. The FBI will hire more than 230 additional examiners and other staff to help process these background checks.

2. Make our communities safer from gun violence.

The Attorney General convened a call with U.S. Attorneys around the country to direct federal prosecutors to continue to focus on smart and effective enforcement of our gun laws.

The President’s FY2017 budget will include funding for 200 new ATF agents and investigators to help enforce our gun laws.

ATF has established an Internet Investigation Center to track illegal online firearms trafficking and is dedicating $4 million and additional personnel to enhance the National Integrated Ballistics Information Network.

ATF is finalizing a rule to ensure that dealers who ship firearms notify law enforcement if their guns are lost or stolen in transit.

The Attorney General issued a memo encouraging every U.S. Attorney’s Office to renew domestic violence outreach efforts.

3. Increase mental health treatment and reporting to the background check system.

The Administration is proposing a new $500 million investment to increase access to mental health care.

The Social Security Administration has indicated that it will begin the rulemaking process to include information in the background check system about beneficiaries who are prohibited from possessing a firearm for mental health reasons.

The Department of Health and Human Services is finalizing a rule to remove unnecessary legal barriers preventing States from reporting relevant information about people prohibited from possessing a gun for specific mental health reasons.

4. Shape the future of gun safety technology.

The President has directed the Departments of Defense, Justice, and Homeland Security to conduct or sponsor research into gun safety technology.

The President has also directed the departments to review the availability of smart gun technology on a regular basis, and to explore potential ways to further its use and development to more broadly improve gun safety.

Congress should support the President’s request for resources for 200 new ATF agents and investigators to help enforce our gun laws, as well as a new $500 million investment to address mental health issues.

Because we all must do our part to keep our communities safe, the Administration is also calling on States and local governments to do all they can to keep guns out of the wrong hands and reduce gun violence. It is also calling on private-sector leaders to follow the lead of other businesses that have taken voluntary steps to make it harder for dangerous individuals to get their hands on a gun. In the coming weeks, the Administration will engage with manufacturers, retailers, and other private-sector leaders to explore what more they can do.

New Actions by the Federal Government

Keeping Guns Out of the Wrong Hands Through Background Checks

The most important thing we can do to prevent gun violence is to make sure those who would commit violent acts cannot get a firearm in the first place. The National Instant Criminal Background Check System (NICS), which was created by Congress to prevent guns from being sold to prohibited individuals, is a critical tool in achieving that goal. According to the Bureau of Justice Statistics, the background check system has prevented more than 2 million guns from getting into the wrong hands. We know that making the system more efficient, and ensuring that it has all appropriate records about prohibited purchasers, will help enhance public safety. Today, the Administration is announcing the following executive actions to ensure that all gun dealers are licensed and run background checks, and to strengthen the background check system itself:

Making Our Communities Safer from Gun Violence

In order to improve public safety, we need to do more to ensure smart and effective enforcement of our gun laws and make sure that criminals and other prohibited persons cannot get their hands on lost or stolen weapons. The Administration is therefore taking the following actions:

Increase Mental Health Treatment and Reporting to the Background Check System

The Administration is committed to improving care for Americans experiencing mental health issues. In the last seven years, our country has made extraordinary progress in expanding mental health coverage for millions of Americans. This includes the Affordable Care Act’s end to insurance company discrimination based on pre-existing conditions, required coverage of mental health and substance use disorder services in the individual and small group markets, and an expansion of mental health and substance use disorder parity policies, all of which are estimated to help more than 60 million Americans. About 13.5 million more Americans have gained Medicaid coverage since October 2013, significantly improving access to mental health care. And thanks to more than $100 million in funding from the Affordable Care Act, community health centers have expanded behavioral health services for nearly 900,000 people nationwide over the past two years. We must continue to remove the stigma around mental illness and its treatment—and make sure that these individuals and their families know they are not alone. While individuals with mental illness are more likely to be victims of violence than perpetrators, incidents of violence continue to highlight a crisis in America’s mental health system. In addition to helping people get the treatment they need, we must make sure we keep guns out of the hands of those who are prohibited by law from having them. Today, the Administration is announcing the following steps to help achieve these goals:

Shaping the Future of Gun Safety Technology

Tens of thousands of people are injured or killed by firearms every year—in many cases by guns that were sold legally but then stolen, misused, or discharged accidentally. Developing and promoting technology that would help prevent these tragedies is an urgent priority. America has done this in many other areas—from making cars safer to improving the tablets and phones we use every day. We know that researchers and engineers are already exploring ideas for improving gun safety and the tracing of lost or stolen guns. Millions of dollars have already been invested to support research into concepts that range from fingerprint scanners to radio-frequency identification to microstamping technology.

As the single largest purchaser of firearms in the country, the Federal Government has a unique opportunity to advance this research and ensure that smart gun technology becomes a reality—and it is possible to do so in a way that makes the public safer and is consistent with the Second Amendment. Today, the President is taking action to further this work in the following way.

*********

Summary: 
President Obama has a responsibility to do everything in his power to reduce gun violence. Here’s what he’s doing.

“We know that we can’t stop every act of violence. But what if we tried to stop even one?”

President Obama

Columbine. Blacksburg. Newtown. Aurora. Tucson. Oak Creek. Charleston. San Bernardino.

Too many communities across the country are still suffering from the heartbreaking consequences of a gun in the wrong hands. In the past decade, more than 100,000 people have died as a result of gun violence. Many of these crimes were committed by people who never should have been able to purchase a gun in the first place.

Sympathy is not enough to stop gun violence. Congress has repeatedly failed to take action, blocking commonsense reforms supported by the vast majority of the American people – including gun owners themselves.

The President has a responsibility to do everything in his power to reduce gun violence. This week, he will. Here’s what he’s doing:

President Obama is Taking Commonsense Steps to Help Stop Gun Violence

Gun Violence in America: By the Numbers

 

More than 4 million

Number of American victims of assaults, robberies, and other crimes involving a gun in the last decade

More than 30,000

Number of gun deaths in America each year

More than 20,000

Number of children under 18 killed by firearms over the last decade

More than 20,000

Number of Americans who commit suicide with a firearm each year

466

Number of law enforcement officers shot and killed by felons over the last decade

3

Number of days after which a gun dealer can sell a gun to an individual if a background check is not yet complete

Get the full breakdown of the numbers on gun violence in the U.S here. 

The President’s Actions to Reduce Gun Violence

So President Obama is taking executive action to reduce gun violence. Here’s what his actions are designed to do:

Keep guns out of the wrong hands through background checks

  • The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is making clear that it doesn’t matter where you conduct your business—from a store, at gun shows, or over the Internet: If you’re in the business of selling firearms, you must get a license and conduct background checks.
  • ATF is finalizing a rule to require background checks for people trying to buy some of the most dangerous weapons and other items through a trust, corporation, or other legal entity.
  • Attorney General Loretta E. Lynch has sent a letter to States highlighting the importance of receiving complete criminal history records and criminal dispositions, information on persons disqualified because of a mental illness, and qualifying crimes of domestic violence.
  • The Federal Bureau of Investigation (FBI) is overhauling the background check system to make it more effective and efficient. The envisioned improvements include processing background checks 24 hours a day, 7 days a week, and improving notification of local authorities when certain prohibited persons unlawfully attempt to buy a gun. The FBI will hire more than 230 additional examiners and other staff to help process these background checks.

Make our communities safer from gun violence

  • The Attorney General convened a call with U.S. Attorneys around the country to direct federal prosecutors to continue to focus on smart and effective enforcement of our gun laws.
  • The President’s FY2017 budget will include funding for 200 new ATF agents and investigators to help enforce our gun laws.
  • ATF has established an Internet Investigation Center to track illegal online firearms trafficking and is dedicating $4 million and additional personnel to enhance the National Integrated Ballistics Information Network.
  • ATF is finalizing a rule to ensure that dealers who ship firearms notify law enforcement if their guns are lost or stolen in transit.
  • The Attorney General issued a memo encouraging every U.S. Attorney’s Office to renew domestic violence outreach efforts.

Increase mental health treatment and reporting to the background check system

  • The Administration is proposing a new $500 million investment to increase access to mental health care.
  • The Social Security Administration has indicated that it will begin the rulemaking process to include information in the background check system about beneficiaries who are prohibited from possessing a firearm for mental health reasons.
  • The Department of Health and Human Services is finalizing a rule to remove unnecessary legal barriers preventing States from reporting relevant information about people prohibited from possessing a gun for specific mental health reasons.

Shape the future of gun safety technology

  • The President has directed the Departments of Defense, Justice, and Homeland Security to conduct or sponsor research into gun safety technology
  • The President has also directed the departments to review the availability of smart gun technology on a regular basis, and to explore potential ways to further its use and development to more broadly improve gun safety.

 

Muslim Brotherhood in U.S. Gets Millions in Grants

Posted on by

The Muslim Brotherhood in the United States document is here.

The House Intelligence Committee Testimony on the Muslim Brotherhood is here.

Mosque Linked To Muslim Brotherhood Has Received Millions In Federal Grants

DailyCaller: A Kansas City mosque owned by an Islamic umbrella organization with deep ties to the U.S. arm of the Muslim Brotherhood has received millions of dollars in federal grants over the past several years, according to a federal spending database.

The Islamic Center of Greater Kansas City has received $2,739,891 from the Department of Agriculture since 2010, a Daily Caller analysis has found. The money largely went to the mosque’s Crescent Clinic to provide services through the Women, Infant and Children nutrition program, known as WIC.

The most recent federal payment — in the amount of $327,436 — was handed out Oct. 1.

Property records show the mosque is owned by the North American Islamic Trust (NAIT), which acts as a financial holding company for Islamic organizations. It offers sharia-compliant financial products to Muslim investors, operates Islamic schools and owns more than 300 other mosques throughout the U.S.

Founded in 1973 as an offshoot of the Muslim Brotherhood-backed Muslim Students Association, NAIT’s most controversial connection is to the 2007 and 2008 Holy Land Foundation terror financing cases. Along with other Muslim Brotherhood-linked organizations like the Islamic Society of North America (ISNA) and the Council on American-Islamic Relations (CAIR), NAIT was named a co-conspirator in the federal case but was not indicted.

At the Holy Land Foundation trial, evidence was presented that ISNA diverted funds from the accounts it held with NAIT to institutions linked to Hamas and to Mousa Abu Marzook, a senior Hamas leader.

Federal prosecutors introduced evidence in the case that “established that ISNA and NAIT were among those organizations created by the U.S.-Muslim Brotherhood.” Hundreds of thousands of dollars worth of checks drawn from ISNA’s account and deposited in the Holy Land Foundation’s account with NAIT were made payable to “the Palestinian Mujahadeen,” which is the original name for Hamas’ military wing.

While Hamas was designated as a foreign terrorist organization by the U.S. government in 1997 and is considered the Palestinian branch of the Muslim Brotherhood, the larger Muslim Brotherhood is not itself designated as a terrorist group.

NAIT has other ties to the Holy Land Foundation case. Its newly-appointed executive director, Salah Obeidallah, was a founding member and former president of the Islamic Center of Passaic County in Paterson, N.J.

In the 1990s, the imam at that mosque was Mohammad El-Mezain, a founding member of the Holy Land Foundation who was sentenced to 15 years in prison for helping fund Hamas. Obeidallah has said that he was not aware of El-Mezain’s terror funding activities.

In being owned by NAIT, the Kansas City organization is in company with numerous mosques with ties to known terrorists, terror sympathizers and fundamentalist Islamists.

Purportedly backed by money from Saudi Arabia and supporting a fundamentalist branch of Sunni Islam known as Wahhabism, NAIT holds the deed to the Islamic Society of Boston, which operates the mosque attended by Dzhokhar and Tamerlan Tsarnaev, the so-called Boston Marathon bombers.

It also controls the Islamic Center of San Diego, which was attended by Khalid al-Mihdhar and Nawaf al-Hazmi, two al-Qaeda members who helped fly American Flight 77 into the Pentagon on Sept. 11, 2001.

According to a 2002 Newsweek investigation, members of the San Diego mosque helped the two terrorists obtain housing, driver’s licences and social security numbers. They claimed not to have known about the men’s terror plans.

NAIT also owns the Dar Al-Hijrah mosque in Fairfax Co., Va. — a known hotbed of terrorist activity. Al-Qaeda recruiter Anwar al-Awlaki served as imam at that location in 2001 and 2002. He was killed by an American drone in Yemen in 2011.

The Islamic Center of Greater Kansas City has its own loose links to terrorist activities. The mosque made news earlier this year when it held the funeral for Nadir Soofi, one of the two jihadis who attempted to pull off a terrorist attack in Garland, Tex. Soofi, who was 34, and his accomplice, 30-year-old Elton Simpson, opened fire outside of an art exhibit featuring cartoons of Muhammad, but were killed by a security guard.

Both Soofi and Simpson attended the Islamic Community Center in Phoenix, which land deeds show is owned by NAIT.

That particular mosque posted $100,000 bond for Simpson following his 2010 arrest for lying to FBI agents about his plans to travel to Somalia to join a terrorist group. Simpson was given three years probation in that case.

The Islamic Center of Greater Kansas City has also hosted Imam Khalid Yasin, an American-born convert to Islam, who has publicly supported sharia law and claimed that homosexuals should receive the death penalty.

As a May 2010 Yahoo! message board post shows, Yasin visited the Islamic Center of Greater Kansas City and other area mosques that month to hold a series of lectures and workshops about Islam.

That was nearly two years after Yasin touted the virtues of sharia law and capital punishment in a speech at a British mosque. Full article here.

 

 

 

 

 

 

2016 A Tidal Wave of New Regulations

Posted on by

What’s Next on Gun Control: Obama and the Loophole

The White House will likely go around Congress and require background checks for all “in the business” of selling firearms.

Bloomberg: The next shoe to drop on gun control may come by mid-January, when President Barack Obama is expected to issue an executive order requiring everyone “in the business” of selling firearms to perform background checks.

Wait a second, you might be saying. Doesn’t federal law already oblige gun retailers to do computerized criminal checks via the Federal Bureau of Investigation’s data base? Yes and no.

Yes, when it comes to federally licensed dealers. But no, when you’re talking about people who lack federal licenses and sell guns from their personal collections.

The problem is that an awful lot of firearms are sold in the latter fashion by individuals who aren’t technically gun retailers but who sell weapons at weekend gun shows or from their homes. Forthcoming research by the Harvard School of Public Health estimates that 40 percent of all gun transfers occur without background checks (that’s the so-called gun show loophole). Presumably the background-check gap permits some criminals and mentally disabled people to buy guns who otherwise might be stopped.

Following another a year of shooting massacres of Americans, Obama has let it be known from his holiday retreat in Hawaii, through unidentified advisers, that soon after New Years Day he plans to follow through on plans to expand the definition of who’s “in the business” of selling firearms—and who’s thus required to perform background checks. Democratic presidential candidate Hillary Clinton, among others, has strongly backed this idea, and now Obama appears ready to make its implementation one of the first major acts of his final year in office.

Another fan of expanded background checks: Michael Bloomberg, owner of Bloomberg LP and founder of Everytown for Gun Safety, the nation’s leading nonprofit advocating tougher regulation of firearms. Bloomberg visited Obama at the White House last week to discuss gun-safety strategies.

The timing of the expected Obama move on background checks guarantees it will receive a hostile reaction from gun-rights advocates, thousands of whom will gather next month in Las Vegas for the firearm industry’s annual Shooting, Hunting & Outdoor Trade Show, known as SHOT.

An ironic twist is that many of the attendees at SHOT each year are federally licensed bricks-and-mortar gun dealers who sometimes concede privately that they have no real problem with all gun sellers being forced to do background checks. These full-time retailers resent competition from casual unlicensed sellers at gun shows.

But the National Rifle Association’s orthodoxy—that any additional gun control is merely a first step toward bans and confiscation—holds sway in the firearms world, making outward expressions of support among gun sellers for Obama’s proposal unlikely. While the enormous gathering in Las Vegas isn’t technically an NRA event, the group’s strong anti-Obama stance will almost certainly be evident there, and a fresh proposal to stiffen regulation may have the effect of pouring gasoline on a fire already burning hot.

There will probably be calls to challenge Obama’s authority to broaden the background check mandate without congressional involvement. Lawsuits and objections from pro-gun Republicans on Capitol Hill will likely follow, as has happened with other efforts by the administration to use executive authority in the environmental arena.

Another sure thing: Texas Senator Ted Cruz and other Republican presidential candidates will condemn the Obama proposal. In other words, the Great American Gun Debate will continue in 2016.

The Hill: President Obama is preparing to unleash a wave of new regulations in 2016 as he looks to shore up his legacy on public protection issues during his final year in office.

The Securities and Exchange Commission, the Food and Drug Administration and the Department of Labor are all expected to finalize major federal rules that critics say are long overdue. The regulations include a final rule from the 2010 Dodd-Frank financial reform law that will force companies to compare the paychecks of their top executives with company performance, final rules for cigars and electronic cigarettes proposed well over a year ago, and a final regulation to protect constructions workers from deadly silica dust.

Here’s a look at the top regulations expected to come from the administration in 2016.

Pay for performance

The Securities and Exchange Commission (SEC) is expected to finalize its “pay for performance” rule that will require publicly traded corporations to disclose how much their top executives are paid and compare that to the companies’ overall financial performance.

The agency, which first proposed the rule in May, set an October 2016 deadline for the final rule last month. The SEC contends it will allow shareholders to make more informed decisions when electing directors.

Arbitration

Regulatory experts are expecting the Consumer Financial Protection Bureau (CFPB) to propose new rules in 2016 to protect consumers’ right to file or join a class-action lawsuit against a financial company.

More and more companies are adding arbitration clauses to contracts that prevent consumers from resolving a dispute through the court system. Instead, the language, which can often be found in credit card and cellphone contracts, typically states that disputes about a product can only be resolved by privately appointed individuals or arbitrators.

Dodd-Frank directed the CFPB to do a study of arbitration agreements and issue a report of its findings to Congress. After the agency completed the report in March, it announced plans to proceed with a rulemaking.

E-cigarettes

Industry and health groups may not agree on the rules, but both are exasperated by the delay in first-ever regulations from the Food and Drug Administration (FDA) for cigars and electronic cigarettes.

Health groups were frantic in the days leading up to the release of the $1.1 trillion government spending deal earlier this month, fearing that industry had successfully lobbied for a change that would have exempted many e-cigarette and cigar products from the restrictions.

Industry groups, however, came up empty-handed and will now wait to see if attempts to lobby the White House for last-minute changes paid off. Those organizations are most concerned about a provision in the proposed rule that would require all products that hit store shelves after Feb. 15, 2007, to apply retroactively for approval, a process that companies say would put them out of business.

The FDA originally said the final rules would be out last summer but changed the deadline to November. The White House Office of Management and Budget (OMB), which is reviewing the final rule, was still meeting with industry and health groups last week.

Silica dust

The Department of Labor is in the process of finalizing a years-in-the-making rule to protect workers from silica dust.

Peg Seminario, the AFL-CIO’s safety and health director, said the labor group has been awaiting the rule since 1997. Exposure to silica dust, common at construction worksites and shipyards, can cause an irreversible lung disease known as silicosis.

The Labor Department sent the final rule to the OMB last week for final review, a process that can take up to 90 days.

“I’m sure they will give it a thorough review and it’ll be issued sometime, we hope, in the first quarter of the year,” Seminario said.

Workplace injuries

The DOL is gearing up for a busy year, with plans to also finalize a rule that will require employers to report and keep records of workplace injuries and illnesses. Seminario said the draft of the final rule went to OMB in October. Labor groups are hoping to see a final rule in the first quarter.

Overtime pay

Perhaps the most sweeping action to in the new year will be a final rule to extend overtime pay to nearly 5 millions white-collar workers. The Labor Department proposed the rule in June as a result of an executive order President Obama issued in May. Under the rule, any worker earning up to $50,000 annually would be eligible for overtime.

Department spokesman Jason Surbey said the agency is reviewing the more than 270,000 comments it received.

“We’re on track to issue a final rule by July 2016, with an effective date sometime after that,” he said.

Predatory lending

The CFPB is planning a February rollout of its proposed rules to crack down on predatory payday lenders.

The agency released a framework for the rules in March that considered forcing lenders to ensure a borrower’s ability to repay a loan, limiting short-term credits to 45 days or less and establishing a 60-day “cooling-off” period for borrowers who take out three loans in a row.

Payday lenders have already balked at the rules, calling them unnecessary and damaging for consumers who have nowhere else to turn for their short-term lending needs.

Food safety

The FDA is expected to issue final requirements in March for the sanitary transportation of animal and human food.

The rules, which were are mandated by the Food Safety Modernization Act of 2011, establish requirements for shippers, carriers and receivers to use sanitary practices to ensure that that food does not become contaminated when being transported. The final rules were originally expected to be released in April 2015.

Financial advisers 


The Labor Department is also expected to issue a final rule in 2016 that would require financial advisers to disclose more information to their clients about the compensation they receive. 

In October, under mounting pressure from business groups, Labor Secretary Tom Perez said the department planned to make some changes to the contentious regulations — commonly called the “fiduciary rule” — but would not detail what those changes would be.

Methane

The Environmental Protection Agency is expected to finalize new rules to limit methane emissions from the oil and gas sector. The rule would require drillers to use new technologies to track and block both accidental and purposeful leaks when producing and transmitting oil and gas. The EPA has set a June deadline for the release of this final rule.

9500 Visas Revoke Due to Terror,Where are they? Don’t Know

Posted on by

FNC: The Obama administration cannot be sure of the whereabouts of thousands of foreigners in the U.S. who had their visas revoked over terror concerns and other reasons, a State Department official acknowledged Thursday.

The admission, made at a House oversight hearing examining immigrant vetting in the wake of major terror attacks, drew a sharp rebuke from the committee chairman.

“You don’t have a clue do you?” Rep. Jason Chaffetz, R-Utah, told Michele Thoren Bond, assistant secretary for the Bureau of Consular Affairs.

Bond initially said the U.S. has revoked more than 122,000 visas since 2001, including 9,500 because of the threat of terrorism.

But Chaffetz quickly pried at that stat, pressing the witness about the present location of those individuals.

“I don’t know,” she said.

The startling admission came as members of the committee pressed administration officials on what safeguards are in place to reduce the risk from would-be extremists.

At issue is how closely the U.S. government examines the background of people seeking entry to the country, including reviews of their social media postings.

Leon Rodriguez, director of U.S. Citizenship and Immigration Services, told committee members that such checks aren’t being done in an abundant manner, and he was not specific about when or how it would occur.

Lawmakers are trying to ascertain which safeguards are in place to ensure that extremists are not exploiting a variety of legal paths to travel to the United States.

One of the San Bernardino, Calif., shooters came to the U.S. on a K-1 fiancee visa last year despite the fact that the FBI believed she was already radicalized.

Tashfeen Malik came to the U.S. on a K-1 fiance visa in July 2014 and passed multiple background checks and at least two in-person interviews, one in Pakistan and another after she married Syed Farook. FBI Director James Comey has said Malik and Farook communicated privately online about jihad and martyrdom before they married.

Lawmakers at times angrily pressed officials on why even public social media wouldn’t routinely be looked at for vetting those trying to enter the country.

“If half the employers are doing it in the United States of America, if colleges are doing it for students, why wouldn’t Homeland Security do it?” said Rep. Stephen Lynch, D-Mass. “We don’t even look at their public stuff, that’s what kills me.”

DHS did launch three pilot programs specifically aimed at reviewing social media postings as part of the immigration vetting process.

“There is less there that is actually of screening value than you would expect, at least in small early samples, some things seem more ambiguous than clear,” Rodriguez told lawmakers Thursday. He said foreign alphabets frequently used in social media posts were a challenge to translate.

“We all continue to believe there’s a potential for there to be information of screening value … particularly in high risk environments,” he added.

Both DHS and the State Department are reviewing the process for vetting visa applications, including the K-1 program, and have been directed by the White House to create specific recommendations for improvements.

DHS is specifically reviewing policies on when authorities at U.S. Citizenship and Immigration Services can look at social media posts as part of the process for evaluating applications for certain visas.

“There are some legal limits to what we can do,” Homeland Security Secretary Jeh Johnson said Wednesday. He added that he thinks reviews of social media should be done more often, but did not provide specifics.

During his opening remarks Chaffetz, said: “It is unclear how someone who so openly discussed her hatred of our country and way of life could easily pass three background checks. We need to understand how the breakdown happened with Malik and what we are doing to make sure it doesn’t happen again.”

Lawmakers have also pressed for changes to the Visa Waiver Program, which allows many citizens from 38 countries to travel to the United States without being subjected to the in-person interview required to receive a visa. Many fear that foreign fighters who carry western passports will be able to exploit that system to travel freely to the United States.

Earlier this month the House voted overwhelmingly to tighten controls on that program and require visas for anyone who has been to Iraq or Syria in the last five years. Security changes to the program were also included in the Senate version of a massive spending bill expected to be approved later this week.

House Oversight and Government Reform Committee Hearing on Immigration and Visas December 17, 2015

PURPOSE:

• To review the screening process for foreign nationals entering the United States, including the ability to review social media as part of the vetting process.
• To assess the likelihood of foreign nationals exploiting the U.S. immigration system and examine vulnerabilities within that system.
• This hearing is a follow-up to an Oversight Subcommittee hearing last week, where a Department of Homeland Security (DHS) official was unable to answer basic questions on the Agency’s ability to vet, track, and screen individuals who arrive in the United States.

BACKGROUND:

• Foreign nationals seeking to enter the U.S. must ordinarily obtain either an immigrant visa or a nonimmigrant visa. A third category of foreign nationals seeking entry into the U.S. are refugees, who enter under refugee status.
• An exception to the rule is the Visa Waiver Program (VWP), where an individual who seeks entry to the U.S. must apply for, and receive, a visa before entering the country. Currently, nationals of 38 countries can enter the U.S. without first obtaining a visa under the VWP.
• Under current law, two departments—the Department of State and DHS—play roles in administering the law and policies on immigration visas.
• In light of the attacks in San Bernardino, CA, Committee Chairman Jason Chaffetz (R-UT) and Subcommittee Chairman Ron DeSantis (R-FL) sent a letter to DHS seeking information relating Tashfeen Malik’s entry into the U.S. on a fiancée visa.

 

Witnesses and testimonies

Name Title Organization Panel Document
The Honorable Anne C. Richards Assistant Secretary, Bureau of Population, Refugees, and Migration U.S. Department of State Document
The Honorable Michele Thoren Bond Assistant Secretary, Bureau of Consular Affairs U.S. Department of State Document
The Honorable Alan Bersin Assistant Secretary for International Affairs, Chief Officer for the Office of Policy U.S. Department of Homeland Security
The Honorable Leon Rodriguez Director, U.S. Citizenship and Immigration Services U.S. Department of Homeland Security

Related Documents

Name Document
Credible Fear Claims Document

Valerie Jarrett has Stepped up Islamic Protection

Posted on by

The Muslim organizations around the country have become a de-facto protected class and what is worse, the Obama administration is in full lock step to reciprocate the protections. The next huge question is exactly how does the White House know the names of all of them and the top leadership individual names and phone numbers to have a full call to action? (rhetorical)

A full court press, but not so much for the victims of militant jihad in America. Anymore questions about where the White House lays it true loyalty?

WashingtonExaminer: The White House on Monday began “staff-level” meetings and calls with religious leaders to discuss how they could help combat growing anti-Muslim sentiment in the United States.

Valerie Jarrett, senior adviser to President Obama, and Melissa Rogers, who leads the White House Office of Faith-Based and Neighborhood Partnerships, held a conference call with leaders of all religions from across the country.

“Spoke with 890+ religious leaders to thank them for speaking up for every American’s right to be free from religious discrimination,” Jarrett tweeted on Monday.

Administration officials “routinely” interact with religious leaders, White House spokesman Josh Earnest said on Monday, stressing that the latest round of talks is being led by staff members, not the president.

The call Jarrett led was a “conversation to discuss efforts to combat discrimination and highlight the need for welcoming all faiths and beliefs,” Earnest said. “It certainly seems a timely topic for a conversation like that,” he said, noting the uptick in anti-Muslim rhetoric since the radical Islamic terrorist group, the so-called Islamic State, launched deadly attacks in Paris and inspired a shooting spree in San Bernardino, Calif.

The “hateful, divisive” comments of a “handful of Republicans running for president is hurtful and dangerous” to the nation’s national security, Earnest said, presumably referring to candidates such as Donald Trump, who has proposed banning all Muslims from the U.S.

Also on Monday, Jarrett, Director of the White House’s Domestic Policy Council Cecilia Munoz, and Deputy National Security Advisor Ben Rhodes are hosting a group of Muslim-American leaders at the White House, Earnest said.

And finally, Munoz is meeting with representatives of America’s Sikh community, Earnest said.

In addition to a massacre at a Sikh temple in Wisconsin in 2012, hate crimes against Sikhs have spiked since the Sept. 11, 2001 terrorist attacks, often because attackers mistook Sikhism adherents for Muslims.

The White House is hosting similar meetings all week, including one on Thursday, Earnest said.

“Again these are all slated to be staff-level meetings but yet, are representative of the kind of ongoing dialogue that the White House maintains with religious leaders of all faiths all across the country,” Earnest said.