FAIR Fees Act of 2026
- Sponsor
- Sen. Markey, Edward J. [D-MA]
- Committees
- Commerce, Science, and Transportation Committee (primary)
- Last action
- Sep 22, 2026
Bottom line
The bill aims to curb what proponents call "junk fees" by empowering the Department of Transportation to regulate airline ancillary fees, ensuring they are reasonable and proportional to the actual costs incurred by air carriers.
What it actually does
This bill mandates the Secretary of Transportation to issue regulations prohibiting air carriers from imposing fees that are unreasonable or disproportional to their incurred costs for services such as reservation changes/cancellations, baggage, seat assignments, and priority boarding. It requires the establishment of standards for assessing these fees, including specific considerations for family seating to ensure children aged 13 or younger can sit with a parent at no additional charge.
Proponents argue
Supporters argue that airlines currently exploit passengers with excessive and opaque fees for basic services, leading to consumer frustration and unfair practices. This bill would protect consumers by ensuring fees reflect actual costs, promoting transparency, and making air travel more affordable and predictable, especially for families.
Opponents contend
Opponents, likely air carriers and industry groups, would contend that these fees are a necessary component of their business model, allowing them to offer lower base fares and provide passengers with choices for optional services. They might argue that government intervention in pricing could stifle competition, reduce flexibility, and ultimately lead to higher base fares or reduced service quality for all passengers.
The bill is concise and clearly written, making it accessible for a quick review by interested parties.
Section 2(a)
Mandate for Regulations on Airline Fees
This provision requires the Secretary of Transportation to create new rules within 270 days. These rules will stop airlines from charging fees for services like changing flights, baggage, or seat selection if those fees are too high or don't match the actual costs the airline incurs. It also requires the Secretary to set up clear standards to judge if a fee is fair and proportional.
Supporters argue
Supporters argue this provision is crucial for consumer protection, preventing airlines from charging exploitative "junk fees" that inflate travel costs beyond reasonable service charges. It ensures fairness and transparency in pricing.
Critics contend
Air carriers would likely argue that this provision represents undue government interference in their business operations and pricing strategies. They might contend that it could limit their ability to innovate with pricing models, potentially leading to higher base fares or reduced service options.
Tradeoffs
The tension lies between consumer protection from perceived predatory pricing and the airline industry's desire for pricing flexibility and revenue generation through ancillary services.
Section 2(b)
Scope of Regulated Fees
This section specifically lists the types of fees that the new regulations will cover. These include fees for changing or canceling a flight reservation, fees for checked or carry-on baggage, fees for choosing or assigning seats, and fees for priority boarding. It also includes a catch-all for "any other fee" related to passenger air transportation.
Section 2(c)
Criteria for Assessing Fee Reasonableness
This part of the bill outlines the specific factors the Secretary of Transportation must consider when developing the standards for what constitutes a "reasonable and proportional" fee. For changes/cancellations, it includes the airline's ability to re-sell the seat, processing costs, and related labor. For checked baggage, it focuses on processing and labor costs. Crucially, for seat assignments, it mandates ensuring children aged 13 or younger can sit with a parent at no extra charge.
Section 2(d)
Periodic Review and Update of Fee Standards
This section 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 current and responsive to changes in the airline industry and market conditions.