Biden administration proposes mandatory free family seating on flights

A year and a half ago, Secretary Buttigieg requested Congress pass legislation requiring family seating, suggesting uncertainty about his authority to implement such a rule independently. A federal appeals court recently issued an injunction indicating that DOT may have exceeded its legal authority concerning how airline fees are displayed when ticket prices are quoted.

Previously, the Biden administration proposed initiating a rule requiring airlines to compensate passengers for delays and cancellations but did not issue a Notice of Proposed Rulemaking for it. The timing of the family seating proposal suggests it may serve more as a political maneuver targeting middle-class voters ahead of elections rather than an imminent policy change. By delaying until late in the current Presidential term, it positions Vice President Kamala Harris's election as crucial for its enactment.

Airlines generally prefer families sit together as it allows parents to supervise their children and keeps unrelated passengers undisturbed by other people's kids. This improves cabin experience without significant financial loss for airlines and reduces complexity at gates during boarding when families seek assistance with reseating—contributing positively to on-time departures.

The primary obstacle has been technological investment needed for assignable seats when young children are booked with adults or programming automatic seat assignments accordingly.