FAIR Fees Act of 2021
Bill: S.3352 | Sponsor: Sen. Markey, Edward J. (D-MA)
Policy area: Transportation and Public Works

Summary:
Forbidding Airlines from Imposing Ridiculous Fees Act of 2021 or the FAIR Fees Act of 2021
This bill directs the Department of Transportation to prescribe regulations (1) prohibiting an air carrier from imposing specified fees relating to a flight in passenger air transportation that are unreasonable or disproportional to the costs it incurs, and (2) establishing standards for assessing whether such fees are reasonable and proportional to those costs.

To prohibit air carriers from imposing fees that are not reasonable and 
 proportional to the costs incurred by the air carriers, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forbidding Airlines from Imposing 
Ridiculous Fees Act of 2021'' or the ``FAIR Fees Act of 2021''.

SEC. 2. REGULATIONS PROHIBITING THE IMPOSITION OF FEES THAT ARE NOT 
              REASONABLE AND PROPORTIONAL TO THE COSTS INCURRED.

    (a) In General.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Transportation shall prescribe 
regulations--
            (1) prohibiting an air carrier from imposing fees described 
        in subsection (b) that are unreasonable or disproportional to 
        the costs incurred by the air carrier; and
            (2) establishing standards for assessing whether such fees 
        are reasonable and proportional to the costs incurred by the 
        air carrier.
    (b) Fees Described.--The fees described in this subsection are--
            (1) any fee for a change or cancellation of a reservation 
        for a flight in passenger air transportation;
            (2) any fee relating to checked or carry-on baggage to be 
        transported on a flight in passenger air transportation;
            (3) any fee relating to the choice or assignment of seats 
        on a flight in passenger air transportation; and
            (4) any other fee imposed by an air carrier relating to a 
        flight in passenger air transportation.
    (c) Considerations.--In establishing the standards required by 
subsection (a)(2), the Secretary shall consider--
            (1) with respect to a fee described in subsection (b)(1) 
        imposed by an air carrier for a change or cancellation of a 
        flight reservation--
                    (A) any net benefit or cost to the air carrier from 
                the change or cancellation, taking into consideration--
                            (i) the ability of the air carrier to 
                        anticipate the expected average number of 
                        cancellations and changes and make reservations 
                        accordingly;
                            (ii) the ability of the air carrier to fill 
                        a seat made available by a change or 
                        cancellation;
                            (iii) any difference in the fare likely to 
                        be paid for a ticket sold to another passenger 
                        for a seat made available by the change or 
                        cancellation, as compared to the fare that was 
                        paid for the seat for which the reservation was 
                        changed or canceled; and
                            (iv) the likelihood that the passenger 
                        changing or canceling the reservation will, as 
                        a result, fill a seat on another flight by the 
                        same air carrier;
                    (B) the costs of processing the change or 
                cancellation electronically; and
                    (C) any related labor costs;
            (2) with respect to a fee described in subsection (b)(2) 
        imposed by an air carrier relating to checked baggage--
                    (A) the costs of processing checked baggage 
                electronically; and
                    (B) any related labor costs;
            (3) with respect to a fee described in subsection (b)(3) 
        imposed by an air carrier relating to the choice or assignment 
        of seats on a flight in passenger air transportation, ensuring 
        that passengers traveling with children age 13 or younger are 
        able to be seated with those children at no additional charge 
        to the passengers traveling with such children or to any other 
        passenger traveling on the flight involved; and
            (4) any other considerations the Secretary considers 
        appropriate.
    (d) Updated Regulations.--The Secretary shall update the standards 
required by subsection (a)(2) not less frequently than every 3 years.
    (e) Definitions.--In this section:
            (1) Air carrier.--The term ``air carrier'' means any air 
        carrier that holds an air carrier certificate under section 
        41101 of title 49, United States Code.
            (2) Passenger air transportation.--The term ``passenger air 
        transportation'' means, with respect to the transportation of 
        passengers by aircraft as a common carrier for compensation, 
        foreign air transportation, interstate air transportation, and 
        intrastate air transportation, as such terms are defined in 
        section 40102 of title 49, United States Code.
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