Airline Groups File Suit Against TSA

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Two influential trade groups that represent the majority of the major airlines have filed suit against the United States government over the Transportation Security Administration fee increase that went into effect last week.

Airlines for America and the International Air Transport Association filed the suit Wednesday in the U.S. Circuit Court of Appeals in Washington, D.C., alleging that the new, higher fees imposed by the TSA violate federal law.

“When Congress authorized the $5.60 fee in a budget bill, the law based the fee on a ‘one-way trip’ regardless of connections or length of time,” the suit alleges. “Instead of honoring congressional intent and simply accepting the increased fees on one-way trips authorized by the Budget Act, TSA attempts to conjure up even more fees by eliminating the round-trip cap.”

Congress in December agreed to raise the TSA fee from $2.50 for a non-stop flight to $5 for a trip with a layover and a flat rate of $5.60 for each leg of a trip. But the TSA imposed an extra $5.60 fee for each leg of the flight where there is a connection of more than four hours, essentially changing the definition of what constitutes a round trip flight.

A4A and IATA are asking the court to review the TSA’s process for determining the higher fees.

"TSA is overstepping its bounds," A4A President and CEO Nicholas E. Calio said. "Ignoring the per-passenger cap and increasing taxes by as much as 236 percent on air travelers is an affront to the flying public and ignores Congressional intent. Air travelers are not an ATM for the government and should not be treated as such."

"The law is clear and the TSA should abide by it,” Tony Tyler, IATA’s Director General and CEO, said. “Collecting fees exceeding established caps or from any inbound international travelers ignores limits set by Congress.  We are joining with A4A in asking the court to protect passengers from this additional burden. In turn, that will help protect jobs from the negative impact of a dampening of demand for travel as a result of the higher costs.”

On its website, Airlines for America noted that ‘Without a cap, passengers may incur a dramatic increase over what they paid in the past. One of TSA’s own examples showed a multi-stop itinerary with TSA taxes totaling a shocking $33.60.’

The TSA had no comment.