Mary Kate Whalen
Mary Kate Whalen assumed the role of Acting Chief Counsel for TSA on March 2, 2025, following the retirement of longstanding Chief Counsel Francine Kerner. In this role, Whalen is part of TSA’s senior management team and is responsible for advising TSA and DHS senior leaders on all legal matters pertaining to the accomplishment of TSA’s transportation security mission. Whalen oversees a legal office of 235 employees including 200 attorneys and 35 professional and support staff at TSA Headquarters in Springfield, Virginia, as well as at airport and Mission Support Center locations throughout the United States.
Since 2019, Whalen’s permanent position has been Principal Deputy Chief Counsel, where she is responsible for overseeing the day-to-day operations of the Office of Chief Counsel, including budgeting, staffing, training and development. She joined TSA from the DHS Office of the General Counsel (OGC) in 2012 as the Deputy Chief Counsel for General Law, where she managed fiscal and appropriations law, privacy, ethics, civil rights, and labor and employment matters. Among other accomplishments, Whalen led Chief Counsel efforts in the successful implementation of such programs as TSA PreCheck® andthe Innovation Task Force. Whalen also facilitated TSA’s ability to maintain operational readiness at U.S. airports during hurricanes, other natural disasters, and government shutdowns.
As the Deputy and Associate General Counsel for the Regulatory Affairs Law Division, Whalen advised Cabinet-level and senior administration leadership on complex agency rulemaking and regulatory actions. She established and oversaw successful intra- and interagency coalitions involving a wide variety of complex legal and regulatory areas, including aviation and transportation security, privacy, immigration services and enforcement, border protection, port security, and emergency rescue and response.
Whalen managed DHS's regulatory program and provided legal counsel on areas such as TSA’s Transportation Worker Identification Credential regulations, TSA’s Secure Flight and Rail Transportation Security Programs, REAL ID, amendments to CBP’s Advanced Passenger Information System, the Western Hemisphere Travel Initiative, and US-VISIT regulations. In addition, she established Global Entry and the Electronic System for Travel Verification. Whalen later served as the first Managing Counsel for the General Counsel.
Whalen earned her bachelor’s degree from Colby College and her law degree from Suffolk University Law School. She holds a Master of Laws in international law and national security law from Georgetown University.