The House Homeland Security Committee yesterday marked up a border security bill that includes an amendment to require the Department of Homeland Security to implement a system that includes a biometric record of foreign nationals departing the United States through an airport.
The amendment offered by Rep. Loretta Sanchez (D-Calif.) had bipartisan support and was approved unanimously in a recorded vote. The measure requires DHS to present a biometric air exit implementation plan within 180 days after enactment of the Border Security Results Act of 2013 (H.R. 1417), which was also approved unanimously.
The biometric exit capability is intended to be part of the DHS U.S.-VISIT program, which currently uses fingerprints as part of the entry process into the United States for foreign nationals but relies on biographic data for departures from the country.
The impetus for an improved exit recording capability stems from the fact that some of the terrorists on 9/11 had overstayed their visas and government estimates that up to 40 percent of current illegal aliens in this country have overstayed their visas.
The Sanchez amendment is narrower in scope than a similar provision contained in a comprehensive immigration reform bill currently being marked up by the Senate Judiciary Committee, The Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744). The Senate bill calls for a biometric exit system to be implemented at air and seaports.
The Senate panel on Tuesday rejected in a 12-6 vote an amendment offered by Sen. Jeff Sessions (R-Ala.) that would have included land border crossings in a biometric exit system. DHS has previously successfully pilot tested biometric air exit systems in airports and found them to be feasible but the department has resisted an operational deployment, in part due to deployment concerns and also resource constraints.
DHS opposes, for now, a biometric exit system and land ports because of the delays such a system would impose at border crossings.
The Judiciary Committee will continue its mark-up of the immigration reform bill today and likely into next week. The bill includes a $3 billion authorization to pay for border security technology and personnel to help gain operational control of the border (Defense Daily, April 18). Another $1.5 billion would be authorized for more fencing along high risk border sectors.
In the House mark-up yesterday, the committee rejected 15-14 along partisan lines an amendment by Rep. Bennie Thompson (D-Miss.), the ranking member on the panel, that would have authorized $3 billion for DHS to have the resources to help it gain operational control of the border.
Rep. Michael McCaul (R-Texas), chairman of the House Homeland Security Committee, said the proposed $3 billion is “premature” although he supported the “intent” of the amendment. He also said that such a provision might mean the House would kill the bill when it comes before the entire chamber.
McCaul said it would be better to wait until DHS provides Congress with a comprehensive strategy for border security, an implementation plan to gain operational control of the border, and metrics for defining operational control, before discussions about funding need to occur. The Border Security Results Act defines operational control as an effectiveness rate of at least 90 percent in high traffic areas.
Rep. Scott Perry (R-Pa.) withdrew an amendment that would have defined operational control as achieving a 100 percent effectiveness rate after McCaul said he would work with him to include language in the bill to make that an aspirational goal. McCaul said the 90 percent goal is already “aggressive” and that it would be unrealistic to obtain 100 percent.
A separate amendment by Rep. Lamar Smith (R-Texas) to require DHS to certify that it has operational control over at least 90 percent of the nation’s entire border within five years was approved by voice vote.