[Congressional Record (Bound Edition), Volume 162 (2016), Part 1]
[Senate]
[Pages 500-501]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           AMERICAN SAFE ACT

  Mr. GRASSLEY. Mr. President, tomorrow the Senate will vote on a 
motion to proceed to H.R. 4038, also known as the American Security 
Against Foreign Enemies Act. This bill would prohibit the admission 
into the United States of refugees from Iraq or Syria or any other 
refugee who has been present in those countries in the last 5 years 
unless that person receives a thorough background investigation.
  The bill would require the Director of the FBI to certify to the 
Secretary of Homeland Security and also to the Director of National 
Intelligence that each of those persons has received a background 
investigation that is sufficient to determine whether he or she is a 
threat to the security of the United States. Then, as a second 
provision, the Secretary of Homeland Security, with the unanimous 
concurrence of the Director of the FBI and the Director of National 
Intelligence, would have to certify to Congress that each refugee is 
not a security threat; and finally, it requires the Homeland Security 
inspector general to conduct a risk-based review of all certifications 
for the admission of Iraqi and Syrian refugees made by the Department 
of Homeland Security, the FBI, and the Director of National 
Intelligence each year and provide an annual report to the Congress.
  This bill passed the House overwhelmingly and in a bipartisan manner 
in November. I intend to vote on the motion to proceed tomorrow. This 
is a conversation we need to have in the Senate. This is not an issue 
we can take lightly, despite the plea from President Obama in his State 
of the Union Address. We cannot allow America's welcome mat to become a 
doormat for radicalized Islamic extremists who are hardwired to kill 
innocent people and destroy our way of life.
  Unless and until the United States can figure out a foolproof 
screening process to prevent terrorists from masquerading as refugees 
to infiltrate our neighborhoods and our communities, President Obama 
needs to listen to the concerns voiced by more than half of the 
Nation's Governors, lawmakers on both sides of the aisle on both sides 
of Capitol Hill, and the American people from across the entire 
country.
  After the September 11 attacks, we paused our refugee admission 
program to reassess its security vetting procedures, so there is 
precedent for suspending the refugee program, and this bill does not 
suspend the refugee program--only in regard to the single instance that 
I know; that is, we have been threatened that people were going to be 
snuck into the country under the umbrella of refugee, and of course 
that is from Iraq and Syria.
  We need to move cautiously in accepting refugees from Iraq and Syria 
given the attacks in Paris and San Bernardino, CA, and even elsewhere 
around the world. We need to fully understand the risks and the schemes 
that these terrorists are using before we open our doors to 10,000 more 
Syrians. Other countries face the same challenge.
  Just last week, the French Interior Minister warned his colleagues 
about the intent of the Islamic State to use authentic-looking Syrian 
and Iraqi passports to smuggle its operatives into Europe. There is no 
doubt that the group has obtained thousands of blank passports and 
intends to facilitate travel by counterfeiting those documents, but 
more importantly, we must consider a pause in accepting these refugees 
until we can be sure our background checks and investigations are the 
best they can be. However, today there is little doubt, even from our 
leading intelligence officials that we may not be able to stop a Paris-
like attack because we cannot tell who among the thousands of Syrian 
refugees that the administration wishes to resettle here are 
terrorists.
  The Director of the FBI, James Comey, said: ``My concern is that 
there

[[Page 501]]

are certain gaps . . . in the data available to us'' in screening 
Syrian refugees. This data, such as fingerprints, background or 
biographic information, is crucial for adequate screening of potential 
refugees entering the United States. Director Comey also said: ``There 
is risk associated with bringing anybody in from the outside, but 
especially from a conflict zone like that.''
  The United States has been successful in fighting off many large-
scale terrorist attacks on our soil, but of course it only takes one 
mistake. Just last month, the FBI arrested two individuals who reside 
in the United States and entered the country as refugees, one of whom 
was arrested for attempting to knowingly and willfully provide material 
support and resources to the Islamic State of Iraq and Levant.
  A Federal agent testified last week that one of the men charged 
planned to set off bombs at two Houston malls. I asked for the 
immigration and criminal histories of these individuals to investigate 
further and satisfy myself, and I am still waiting for their response. 
The concerns are real. The threats are real. We cannot jeopardize our 
national security simply by rolling out our welcome mat to these 
terrorists.
  President Obama's lack of strategy in Syria has exacerbated this 
human catastrophe. Similarly, this administration has no inclination or 
strategy to create conditions where refugees can one day return home 
safely to their own homes. By housing these refugees, the United States 
is only aiding in a short-term treatment of this whole massive refugee 
problem and the problems of warfare in the Middle East while at the 
same time risking the safety of the American people. We must instead 
focus on defeating ISIS and alleviating the current humanitarian 
misery, all while creating a future for Syrian refugees in their 
homeland.
  The No. 1 responsibility of the U.S. Federal Government is to protect 
the homeland and to secure the country against all threats. Moving this 
bill on our vote tomorrow is one step we can take to advance this 
principle and to show our concern that the No. 1 responsibility of the 
Federal Government is the defense of the American people.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Sasse). Without objection, it is so 
ordered.

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