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.