FAIR Fees Act of 2026
- Sponsor
- Rep. Cohen, Steve [D-TN-9]
- Committees
- Transportation and Infrastructure Committee (primary)
- Last action
- Sep 21, 2026
Bottom line
This bill aims to empower the Department of Transportation to regulate airline ancillary fees, ensuring they are fair and cost-proportional, thereby protecting consumers from excessive charges.
What it actually does
This bill directs the Secretary of Transportation to issue regulations prohibiting air carriers from imposing fees that are unreasonable or disproportional to their costs for services such as reservation changes or cancellations, baggage, seat assignments, and priority boarding. It also mandates the establishment of standards for assessing these fees, including specific considerations for family seating with young children.
Proponents argue
Proponents argue the bill will protect consumers from predatory and opaque airline fees, promote transparency, and ensure that charges for services like baggage or seat changes reflect actual costs rather than serving as profit centers. They would highlight the consideration for families traveling with young children as a key consumer benefit.
Opponents contend
Opponents, likely airlines and industry groups, would argue that such regulations could stifle competition, reduce airlines' flexibility to set prices, and potentially lead to higher base fares to offset lost ancillary revenue. They might also contend that the market should determine fee structures.
The bill is concise and clearly written, making it accessible for a quick and informed review by any interested reader.
Section 2(a)(1)
Mandate for Regulations Prohibiting Unreasonable Fees
This provision directs the Secretary of Transportation to create rules that stop airlines from charging fees for services like changing tickets, baggage, or seat selection if those fees are too high or don't match the actual costs the airline incurs. This aims to curb practices where fees are perceived as excessive.
Supporters argue
Supporters argue this provision is essential to curb exploitative airline practices and ensure consumers are not subjected to hidden or excessive charges that bear no relation to the service provided.
Critics contend
Airlines and industry groups might contend that this provision represents undue government interference in pricing, which could lead to reduced innovation or higher base fares to compensate for lost ancillary revenue.
Tradeoffs
This provision balances consumer protection against airline operational flexibility and revenue generation strategies, aiming to find a middle ground where fees are fair but allow for cost recovery.
Section 2(a)(2), (c)
Standards for Assessing Fee Reasonableness
This section requires the Secretary of Transportation to develop specific criteria for determining if airline fees are reasonable and proportional to costs. It outlines considerations for various fees, such as the net benefit or cost to the airline for cancellations, electronic processing costs for baggage, and explicitly mandates ensuring families with children age 13 or younger can sit together without extra charges.
Section 2(b)
Scope of Regulated Airline Fees
This provision explicitly lists the types of fees that the new regulations will cover: fees for changing or canceling reservations, fees for checked or carry-on baggage, fees for seat choice or assignment, and fees for priority boarding. It also includes a catch-all for "any other fee" related to passenger air transportation, ensuring broad coverage.
Section 2(d)
Triennial Review and Update of Standards
The bill requires the Secretary of Transportation to review and update the standards for assessing airline fees at least once every three years. This ensures that the regulations remain relevant and responsive to changes in the airline industry and evolving consumer needs over time.