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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5272 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5272

   To amend chapter 423 of title 49, United States Code, to provide 
  protections with respect to frequent flyer programs and co-branded 
                 credit cards, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

  Mr. Durbin introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
   To amend chapter 423 of title 49, United States Code, to provide 
  protections with respect to frequent flyer programs and co-branded 
                 credit cards, 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 ``Protect Your Points Act of 2024''.

SEC. 2. PROTECTIONS RELATING TO FREQUENT FLYER PROGRAMS AND CO-BRANDED 
              CREDIT CARDS.

    (a) In General.--Chapter 423 of title 49, United States Code, is 
amended by adding at the end the following new section:

``SEC. 42309. PROTECTIONS RELATING TO FREQUENT FLYER PROGRAMS AND CO-
              BRANDED CREDIT CARDS.

    ``(a) Protections Related to Points, Miles, and Other Accrued 
Value.--
            ``(1) Value disclosure.--Not later than 90 days after the 
        date of enactment of this section, each covered air carrier 
        shall--
                    ``(A) prominently display on each page of the 
                website of the air carrier information regarding the 
                financial value of one point, mile, or other accrued 
                value promised or offered in connection with a frequent 
                flyer program; and
                    ``(B) update, in real time, any change to such 
                information.
            ``(2) Expiration of points.--A covered air carrier shall 
        not place an expiration date on any points, miles, or other 
        accrued value promised or offered in connection with a frequent 
        flyer program.
            ``(3) Transfer of points.--
                    ``(A) In general.--A covered air carrier shall--
                            ``(i) allow a consumer participating in a 
                        frequent flyer program to transfer any amount 
                        of points, miles, or other accrued value of the 
                        consumer to another participant (chosen by the 
                        consumer) of the same frequent flyer program; 
                        and
                            ``(ii) guarantee that, with respect to any 
                        such transfer, the points, miles, or other 
                        accrued value remain equal in value once 
                        transferred.
                    ``(B) Limitations.--A covered air carrier shall 
                not--
                            ``(i) limit the number of points, miles, or 
                        other accrued value that a consumer may 
                        transfer to another participant of the frequent 
                        flyer program; or
                            ``(ii) impose a fee or other penalty on the 
                        consumer in connection with such transfer.
            ``(4) Display of airfare value.--Not later than 1 year 
        after the date of enactment of this section, each covered air 
        carrier shall display on any travel booking page of the website 
        of the air carrier the cost of airfare or other add-on services 
        both in dollar value and in the value of points, miles, or 
        other accrued value promised or offered in connection with a 
        frequent flyer program, in a manner that--
                    ``(A) displays both values concurrently; and
                    ``(B) does not require a consumer to alternate 
                between such values to display both costs.
            ``(5) Airfare and add-on services transactions.--Not later 
        than 1 year after the date of enactment of this section, each 
        covered air carrier shall offer to consumers the ability to 
        purchase airfare or other add-on services in any combination of 
        dollars and points, miles, or other accrued value promised or 
        offered in connection with a frequent flyer program.
    ``(b) Consumer Notice of Changes to Terms of Service.--
            ``(1) Changes to terms of services.--With respect to the 
        terms of service, contract of carriage, or other customer 
        agreement of any frequent flyer program or airline co-branded 
        credit card of a covered air carrier, the covered air carrier 
        shall not include any provision that reserves the right of the 
        covered air carrier to make changes to the terms of service, 
        contract of carriage, or other customer agreement without 
        providing to the consumer at least 1 year of notice of any such 
        change.
            ``(2) Notice to consumers.--A covered air carrier shall not 
        take any action that would allow the covered air carrier to 
        devalue a consumer's accrued points, miles, or other accrued 
        value promised or offered in connection with a frequent flyer 
        program, including any action to decrease the dollar value, 
        eliminate, reduce, suspend, forfeit, invalidate, impose new 
        limits on the access, use, redemption, or validity, or impose 
        new requirements or expense for the redemption or use of any 
        such points, miles, or other accrued value unless the covered 
        air carrier has provided to consumers not fewer than 1 year of 
        notice of any such action.
            ``(3) Coordination with cfpb.--In carrying out paragraphs 
        (1) and (2), the Secretary shall coordinate with the Director 
        of the Consumer Financial Protection Bureau, as necessary.
    ``(c) Definitions.--In this section:
            ``(1) Add-on services.--The term `add-on services' means 
        any service that a consumer may add to a flight booking for an 
        additional cost, or may purchase as an in-flight service, 
        including seating options, baggage, beverages, food, early 
        boarding, lounge access, internet or wifi access, or any other 
        service determined appropriate by the Secretary.
            ``(2) Co-branded credit card.--The term `co-branded credit 
        card' means a credit card jointly offered by a covered air 
        carrier in partnership with a credit card issuer, with an 
        emphasis on rewarding brand loyalty.
            ``(3) Covered air carrier.--The term `covered air carrier' 
        means an air carrier conducting passenger operations under part 
        121 of title 14, Code of Federal Regulations, that offers a 
        frequent flyer program.
            ``(4) Frequent flyer program.--The term `frequent flyer 
        program' means a program in which a covered air carrier 
        promises or offers points, miles, or other accrued value for 
        tickets purchased from the covered air carrier.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.''.
    (b) Clerical Amendment.--The analysis for chapter 423 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 42308 the following:

``42309. Protections relating to frequent flyer programs and co-branded 
                            credit cards.''.
                                 <all>
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