[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2908 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2908

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2019

Mr. Markey (for himself, Mr. Blumenthal, Mr. Whitehouse, and Mr. Wyden) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
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 ``Forbid Airlines from Imposing 
Ridiculous Fees Act of 2019'' or the ``FAIR Fees Act''.

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 interstate air transportation;
            (2) any fee relating to checked baggage to be transported 
        on a flight in interstate air transportation; and
            (3) any other fee imposed by an air carrier relating to a 
        flight in interstate 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 paid by 
                        the passenger who changed or canceled the 
                        passenger's reservation; and
                            (iv) the likelihood that the passenger 
                        changing or canceling the passenger's 
                        reservation will 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; and
            (3) 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) Interstate air transportation.--The term ``interstate 
        air transportation'' has the meaning given that term in section 
        40102 of title 49, United States Code.
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