Airlines, Homeland Security tangle over fingerprint regulations

The Homeland Security Department and the airline industry are at odds over a key national security program, sparking fears that travel out of the United States could be disrupted -- while placing in jeopardy the ability of the U.S. government to meet a looming congressional mandate. The department is on the verge of issuing a rule that would require airlines to take the fingerprints of most foreigners leaving the country via air. The rule is intended to fulfill a requirement of the US-VISIT program that biometrics be used to verify when foreigners leave the country.

Homeland Security originally hoped to issue the proposed rule in January, but expects it to be published by mid-April, according to Robert Mocny, director of the VISIT program.

The airlines strongly oppose a mandate that would require them to collect fingerprints at traveler check-in counters. Tension between the department and the airline industry has mounted to the point that, in some cases, the two sides have stopped talking to each other about the matter, officials said. Instead, the airline industry has been lobbying OMB to either significantly alter or kill the plan.

The airlines argue that the job of verifying when foreigners leave the country is an inherently governmental task. They also say it could cost them billions to upgrade their information technology systems. And the International Air Transport Association contends it could take up to one minute to collect the fingerprint of each passenger at ticket counters -- which would total more than two hours for large flights and result in serious travel delays.

Homeland Security is up against a congressional mandate: A law enacted last year requires the department to have a system in place by June 30, 2009 at airports to verify the departure of at least 97 percent of foreigners. In their lobbying efforts, airline industry officials argue Congress never specified private companies should do the fingerprint collection.

Their concerns appear to be gaining traction on Capitol Hill. In a letter to Homeland Security Secretary Michael Chertoff last week, House Homeland Security Chairman Bennie Thompson, D-Miss., and Homeland Security Border Subcommittee Chairman Loretta Sanchez, D-Calif., said that the "potential delegation of inherently governmental responsibilities to the air carriers is troubling," while adding: "The department can expect a thorough review of the [proposed rule] by the committee and the submission of official comments ... We urge you to actively engage the air industry so a successful biometric air exit system can be implemented."

But Mocny said obtaining accurate cost estimates for the proposed rule has been difficult, because some airline industry officials will not talk with the department any more about the issue. "It's been a one-way dialogue," he declared. He said the department is not ruling out sharing the cost burden with the airline industry, and expressed hope that a dialogue with the airlines would resume once the proposed rule is issued. Mocny said the department hopes to have the final rule go into effect in January, but acknowledged the schedule might slip.

COMMENTS

  • Between 2003 & 2004 I approached all major US carriers over a competing tech standard that is far more privacy-respecting, accurate, faster & consumer/traveler-friendly. Jet Blue's board of directors struck-down adoption of my company's invention, as did SW's CEO, favoring instead to adopt in the future what technology solutions companies bribed the U.S. Congress to select via legislation. Delta & NW ignored me & AA's Kelly McCracken complained to my biz partner that I was harassing AA employees making sure we would make AA suffer the consequences of her actions. The competing tech standard is called "smart wallet" by NIST in its "Biometrics & Security Systems & Applications" list. There were many plea deals related to our sabotage & Dusty Foggo--the CIA's former # 3 will be the first to go to trial. Come next Nov when Foggo is tried all DHS credentialing programs will come to a screeching halt! The smart wallet technologically runs circles around the inkless fingerprinting concept. As for the airlines, they deserve to have this standard shoved down their throats! They had an opportunity to demo to Congress a better way to go than fingerprinting their passengers, & decided instead they would accept Congress & the DHS' decisions. Why are they fighting the decisions now? Could they have made serious mistakes in 2003 & 2004 they're now paying the price for?
  • Guess I missed the passage of the law in the first place -- since when is it anyone's business whether a foreigner or a citizen leaves the country? Entering the country is different, but LEAVES? Just think, we used to represent freedom, democracy, and civil rights to the entire world, but now we're getting to be worse than a lot of the old Iron Curtain countries... Reminds one a bit of the fall of Rome, doesn't it???
  • Alfred, I believe there are many like minded people around. We are, however marginalized as kooks or snidely referred to as the “Tin Foil Hat” crowd by the modern day Tories beholding to Haliburton and other corporate masters. The likes of Bush, Cheney, Chertoff and Gonzales will forever be known as responsible for the debasement, if not the elimination of, the Constitution of The United States of America. They will go down in infamy with the likes of John Wilkes Booth, and Lee Harvey Oswald. However, they would be more properly categorized with the poor wretch of a woman hung as a co-conspirator in Lincoln’s assassination for allowing the use of her kitchen.