Interesting subject. Checked the tsa.gov web site and found the legislation at 49 USC 40101, et seq. The "fee" in particular is set forth at 49 USC 44940. Could not find any reference on the dhs.gov site to the government refunding the fee to the airlines but have been advised it exists. If anyone has that cite would appreciate hearing from you.

Just like the airline excise tax this fee is payable by the airlines but collectable from the passenger. For convenience reasons it is collected upon sale but accrues upon transportation [because the legislation states that if anyone who has paid the fee does not receive security screening services he/she may secure refund of the fee - those services cannot take place until transportation has commenced]. The fee is $2.50/segment NTE $5.00/one way. Therefore the maximum fee is $10.00/round trip and it is designated by most carriers as a SEPARATE tax from the airline excise tax - denoted by the code "AY." This does not mean every trip is assessed $10.00 but rather, the maximum fee per round trip is $10.00.

In any event, I like others paid AA this fee for travel commencing after June 1/before September 30 and they refuse to refund it. If the fee is refundable to the airline then it is almost identical to the airline excise tax debacle of several years ago when it expired and was not reinstated [non-retroactively] for some 8 months; the airlines pocketed the tax by either not turning it over to the Government or securing "credits" on future excise tax returns; and the consumer had no means of recovering it because: a) the airline was immune from suit as the Government's tax collector; and, b) the consumer had no procedural means of recovering the tax like airlines since he/she did not file an excise tax return and thus was unable to claim a "credit." Here although the airlines may be able to claim the "credit" on whatever returns they file with the tsa, you and I cannot unless the tsa sets up a mechanism to handle consumer refunds.

In any event there is apparently a toll free telephone number to contact the tsa if anyone is interested - (866) 289-9673. I called and after waiting 12 or more minutes was transferred to another extension which promptly disconnected me [I guess now that the fee has been suspended the tsa does not have funding to operate a telephone system]. Called again and transferred to a voicemail system where I left a message for a call back. Hopefully I will receive one and can report any positive information. To the rest of you, don't give up hope and good luck; the fee should be refundable to all of us!