Clear’s Use of Facial Recognition could be a TSA workaround to the law
The TSA has attempted to roll out more facial recognition in airports but has so far been blocked from doing so. Clear is stepping in to gather all that biometric data for them, in addition to the fingerprints and Iris scans they already have, and provid it to TSA directly while making a profit on the side from doing so. 
“In the near future, Clear's new facial recognition system will electronically transmit members' digital identities to TSA's second-generation Credential Authentication Technology (CAT-2) scanners, Clear says.”
https://www.cntraveler.com/story/clear-at-airport-facial-recognition
We need a Federal law that says anything the government isn't allowed to do directly itself, it also isn't allowed to buy from a private company.
Some congresspeople's palms got greased heavily for Clear to be able to even operate.
A private company that allows people to pay them to skip to the front of the line? Ridiculous.
It's not legal for the government to take it. So instead, we'll pay to give it to them.
If CLEAR doesn't do what the TSA says they can't operate at all tbf
TSA says jump CELAR says How High while also hopping in place.
TSA hates Clear and their steps into facial recognition are meant to, among other things, eradicate them. Clear is already living on borrowed time and their value proposition has already been largely eroded by traditional precheck. CAT-2 is the coup de grace.