U.S. lawmakers renew call for probe of TSA’s use of biometrics, AI

Lawmakers once again are expressing concerns about the Transportation Security Administration’s (TSA) use of biometric technologies, including facial recognition and AI, and, once again, have renewed calls for investigations.

On January 8, Republican Representatives Mark Green and Carlos Giménez, members of the House Committee on Homeland Security, asked the Government Accountability Office (GAO) to conduct a comprehensive review of TSA’s deployment of these technologies.

Their inquiry seeks to evaluate the cost-effectiveness of these technologies, their impact on operational efficiency and security, and the adequacy of data protection measures. The review they’ve called for will also assess the long-term implications of deploying these tools, particularly in terms of financial costs and societal impact.

In a letter to GAO Comptroller Gene Dodaro, Green and Giménez said, “As TSA continues to adopt biometric identification technologies and leverage artificial intelligence to enhance screening procedures, it is imperative that Congress evaluates the cost-effectiveness, operational impact, and privacy implications of these advanced tools.”

“TSA must prioritize funding for emerging technology, effectively partner with the private sector, and safeguard the privacy of Americans as it works to modernize the airport screening experience,” Green said in a statement. “The traveling public and TSA employees deserve nothing less. We hope the GAO will provide the committee with a thorough review of the agency’s investments to ensure it can accomplish its no-fail homeland security mission amid evolving threats to air travel.”

Because GAO performs investigations and audits at the request of lawmakers, a probe will be initiated, though it is unclear how long it will take.

TSA began introducing facial recognition technology at select airports in 2022 to verify a traveler’s identity by matching their face to the ID presented at airport screening checkpoints.

Facial recognition is integrated into TSA’s second-generation Credential Authentication Technology (CAT-2) devices. According to a recent update on its website, TSA has installed CAT-2 devices at 84 airports nationwide, with plans to expand their use to over 400 airports in the coming years.

Earlier, in November 2024, a bipartisan group of 12 senators, including Jeff Merkley, John Kennedy, Edward J. Markey, and Ted Cruz, wrote Department of Homeland Security’s Inspector General (IG) urging him to investigate TSA’s expanding use of facial recognition technology at airports, citing concerns about accuracy, necessity, and potential erosion of passenger privacy.

“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 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.”

Earlier, in May, another bipartisan group of 14 senators, led by Senators Merkley and Kennedy, called for restrictions on TSA’s use of facial recognition technology. They expressed concerns about travelers’ privacy and civil liberties and suggested using the upcoming reauthorization of the Federal Aviation Administration as a vehicle to limit TSA’s use of the technology until Congress could implement proper oversight.

In a letter to Democrat Senate Majority Leader Chuck Schumer and Republican House Minority Leader Mitch McConnell, the bipartisan group said, “This technology poses significant threats to our privacy and civil liberties, and Congress should prohibit TSA’s development and deployment of facial recognition tools until rigorous congressional oversight occurs”

These legislative actions highlight a growing bipartisan effort to scrutinize and potentially regulate the deployment of AI and biometric technologies in federal agencies, ensuring that advancements in security do not come at the expense of individual rights and freedoms.

In January 2024, the National Academies of Sciences (NAS) issued a report in which it noted that advances in biometrics and AI have outpaced laws and regulations.

“Facial recognition technology is increasingly used for identity verification and identification, from aiding law enforcement investigations to identifying potential security threats at large venues. However, advances in this technology have outpaced laws and regulations, raising significant concerns related to equity, privacy, and civil liberties,” NAS said.

TSA Chief Technology, Data and Artificial Intelligence Officer Matt Gilkeson told Nextgov/FCW late last year that, “We’re focused and honing in on responsible use. TSA, from day one of our creation with any technology we deploy, has always looked at the technology from a lens of function, safety, security, equity and accessibility. We’re looking across our existing policies and authorities to make sure that when we do execute a test event, we are accounting for any additional kind of responsible use principles that we need to make sure are there.”

The mounting scrutiny of TSA’s use of biometric technologies and AI by both Republicans and Democrats reflects broader societal concerns about the balance between technological innovation, privacy, and government oversight. TSA has been incorporating facial recognition and AI-driven analytics into its security processes to enhance operational efficiency, improve the traveler experience, and bolster security against potential threats.

However, this progress has raised alarms about the potential for privacy infringements, data security risks, and a lack of transparency in how these technologies are being deployed.

The implications of these debates extend well beyond TSA’s immediate operations. Privacy advocates argue that biometric systems, which require the collection and storage of sensitive personal data, pose significant risks. Unlike passwords, biometric data cannot be changed if compromised, and centralized databases become attractive targets for cyberattacks. Globally, similar debates are unfolding, with countries like those in the European Union implementing stringent regulations on biometric data to safeguard individual privacy.

The effectiveness of these technologies is another point of contention. While the TSA asserts that biometrics and AI improve screening accuracy and reduce wait times, critics question whether these benefits justify the potential drawbacks. Operational challenges, such as false positives and system malfunctions, may offset the promised gains. Additionally, studies have documented biases in AI systems, with facial recognition technologies often misidentifying individuals based on race or gender, raising ethical concerns about fairness and equity.

Beyond operational and privacy issues, the broader ethical dimensions of such technologies are significant. Civil liberties advocates worry about “mission creep,” where technologies introduced for security purposes could later be used for broader, more invasive surveillance.

To address these challenges, lawmakers are focusing on establishing oversight mechanisms to ensure transparency in the deployment of these technologies. Clear regulatory frameworks, they believe, are needed to govern data collection, usage, storage, and sharing, along with opportunities for public consultation to incorporate diverse perspectives on the ethical implications.

Lawmakers view their calls for a review of TSA’s biometric and AI usage as a critical step in balancing technological advancements with civil liberties. As the TSA and lawmakers navigate these issues, their decisions will likely set important precedents for how government agencies across the U.S. adopt and regulate advanced technologies in public operations. Balancing security, efficiency, and privacy will remain at the heart of this evolving debate.