TSA COLLECTION OF $45 FEE FROM PASSENGER TRAVELING WITHOUT REAL ID DRAWS SCRUTINY FROM LAWMAKERS

July 29, 2026

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On June 8, 2026, lawmakers in the U.S. House of Representatives targeted Transportation Security Administration’s new $45 fee for air travelers who do not have a REAL ID or other accepted form of identification, arguing that collection of such a fee lacks statutory authority.  By way of brief background, TSA finalized plans last December to require passengers traveling without an acceptable form of ID to pay $45 with an option to pay this so-called TSA Confirm.ID fee at or near security checkpoints at most U.S. airports.  While the new TSA Confirm.ID fee placed no new requirements on U.S. or foreign air carriers, there have been concerns about unnecessary disruptions to the traveling public, especially since there does not appear to be clear statutory authority for TSA to collect the fee in the first place.  In defense of the new $45 fee, TSA officials contend that it is needed to cover the costs associated with validating identification for passengers who fail to present an acceptable form of identification (e.g., REAL ID, U.S. passport, foreign government-issued passport, permanent resident card, etc.) rather than requiring the American taxpayer to foot the bill.  Members of the House Appropriations Committee appear unpersuaded by TSA’s argument and now seek to defund the program through the annual U.S. Department of Homeland Security appropriations process.

This Aviation Blog Post is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com;  Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Tyler R. Myers Photo Washington, D.C.

Tyler R. Myers

Associate - Washington, D.C.

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