Kennedy presses DHS to conduct oversight of TSA’s facial recognition technology

WASHINGTON - Sen. John Kennedy (R-La.) today joined Sen. Jeff Merkley (D-Ore.) and a bipartisan group of colleagues in urging Department of Homeland Security (DHS) Inspector General Joseph Cuffari to conduct oversight of the Transportation Security Administration's (TSA) use of facial recognition technology.

"We urge you to conduct thorough oversight of the Transportation Security Administration's ("TSA") use of facial recognition technology for passenger verification from both an authorities and privacy perspective. This technology will soon be in use at hundreds of major and mid-size airports without an independent evaluation of the technology's precision or an audit of whether there are sufficient safeguards in place to protect passenger privacy," the senators wrote.

"TSA reportedly plans to introduce next-generation credential authentication technology (CAT) equipped with facial recognition at over 430 airports nationwide. Yet the agency already deploys non-facial recognition devices, known as CAT-1 scanners, which are capable of determining if identification documents are fraudulent. TSA has not provided Congress with evidence that facial recognition technology is necessary to catch fraudulent documents, decrease wait times at security checkpoints, or stop terrorists from boarding airplanes," they continued.

"Additionally, despite promising lawmakers and the public that this technology is not mandatory, TSA has stated its intent to expand this technology beyond the security checkpoint and make it mandatory in the future. In April 2023, TSA Administrator Pekoske admitted at the South by Southwest Conference that 'we will get to the point where we will require biometrics across the board.' If that happens, this program could become one of the largest federal surveillance databases overnight without authorization from Congress," the senators concluded.

The senators are also asking the DHS to provide Congress with an evaluation report of the facial recognition technology before it becomes the default form of passenger verification at security checkpoints.

Sens. Ed Markey (D-Mass.), Ted Cruz (R-Texas), Steve Daines (R-Mont.), Ron Wyden (D-Ore.), Elizabeth Warren (D-Mass.), Chris Van Hollen (D-Md.), Cynthia Lummis (R-Wyo.), Bernie Sanders (I-Vt.) and Peter Welch (D-Vt.) also signed the letter.

The full letter is available here.