The House Homeland Security Committee on Wednesday began its markup of a Republican bill to strengthen the nation’s border security, mainly the southern border, but the discussions didn’t progress far in the face of stalling tactics by Democrats and votes on the House floor.
The committee’s markup of the bill began late and then proceedings were delayed by Democrats who want to stop the bill. After opening statements by Rep. Michael McCaul (R-Texas), the committee chairman, and ranking member Rep. Bennie Thompson (D-Miss.), Democrats forced several votes on the reading of the bill, sending it to a subcommittee first for consideration, and delaying the markup until after Homeland Security Secretary Jeh Johnson testifies to the committee on Feb. 4. The votes all failed by 15-8 margins along party lines.
McCaul introduced the bill, Secure Our Borders First Act of 2015 (H.R. 399), late last week and then announced the markup on Friday evening. At our press time on Wednesday the committee was still in recess due to the floor votes.
Separately, a version of the bill, Secure the Border First Act of 2015 (S. 208), was introduced in the Senate on Wednesday by Republicans Jeff Flake (Ariz.), Ron Johnson (Wis.), and John Cornyn (Texas). Johnson, who chairs the Senate Homeland Security and Governmental Affairs Committee, said in a statement that he will hold hearings to “build on Chairman McCaul’s efforts to ensure that our final bill prescribes what is truly needed at our borders and that the Department of Homeland Security effectively implements our border security prescriptions.”
The House version of the bill would authorize $1 billion annually between FY ’16 and FY ’25 to carry out provisions of the act while the Senate bill would provide $1 billion annually between FY ’15 and FY ’20.
The bills provide detailed, prescriptive technology solutions for the different sectors along the nation’s southern border as well as for the maritime environment. They also require that CBP complete a biometric exit system for land, air and sea ports of entry.
The prescriptive border technologies, which are different depending on the border sector, include tunnel detection systems, aerostats for land and maritime surveillance, mobile and tower-based surveillance systems, man-portable and larger unmanned aircraft systems, coastal radar, maritime signals intelligence, ultra-light aircraft detection, maritime patrol aircraft, improved communications systems, and increase flight, cutter and boat hours. The bills also prescribe additional fencing, road construction and related maintenance, and forward operating bases for the Border Patrol in certain areas.
Arguing that the Obama administration has failed to take appropriate actions to secure the nation’s borders, McCaul said in his opening statement that “It is time for Congress to lead. And through this legislation, we tell the department and the administration how to get this job done once and for all.”
Regarding the biometric exit system, which was part of the Intelligence Reform and Terrorism Prevention Act of 2004, the bills require that within two years of enactment that the systems be in place at each of the 15 largest international airports in the United States, 15 largest seaports supporting international travel, and 15 highest volume land ports in terms of pedestrian crossings.
Before an operational biometric exit system is implemented, the bills call for a six-month pilot program to test an exit system on outbound vehicle traffic at three or more land ports of entry, including one on the northern border. The use of more than one biometric modality is also provided as an option, according to language in the House bill.
Within five years of enactment, the bill requires the exit system be implemented to all land ports of entry for all vehicle and pedestrian traffic, and at all seaports and airports.
In addition to the technology prescriptions, the bills call for DHS to develop metrics to obtain situational awareness and control of the border.
If provisions in the bills are not met by DHS, the legislation would hit the department’s political appointees by blocking pay raises, bonuses, and travel on government planes.
Thompson, the ranking member, said in his opening remarks that “Given the budgetary picture since sequester, bonuses and raises could be out of reach for DHS’s workforce regardless of McCaul’s bill.”
Thompson also stated that the prescriptive nature of the bill with regard to technology solutions will tie the Border Patrol’s “hands when it comes to deciding which assets and technologies are most needed for each sector.” He added that the $10 billion authorized in the House bill “won’t be enough.”