(a) In general

Chapter 423 of title 49, United States Code, is amended by adding at the end the following new section:

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 and mobile application 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;

(B)

in the case that any such financial value differs between various co-branded credit cards, or tiers or iterations of loyalty programs, display information regarding each differing financial value in a central location on the website and mobile application of the air carrier; and

(C)

update, in real time, any change to the information displayed pursuant to subparagraph (A) or (B).

(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, except to protect a consumer from fraud or scams as prescribed by regulation; or

(ii)

impose a fee or other penalty on the consumer in connection with such transfer.

(4) Fees for points

A covered air carrier shall not impose a fee or other penalty on the consumer to access, use, redeem, or redeposit points, miles, or other accrued value.

(5) Display of airfare value

(A) In general

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 and mobile application of the air carrier—

(i)

the cost of airfare or other ancillary fees 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; and

(ii)

in the case that any cost described in clause (i) differs between various co-branded credit cards, or tiers or iterations of loyalty programs, information regarding each such differing cost.

(B) Manner

An air carrier shall display the information required under subparagraph (A) in a manner that—

(i)

displays all costs described in such subparagraph concurrently; and

(ii)

does not require a consumer to alternate between methods to display such costs.

(C) Updates

An air carrier shall update, in real time, any change to the information required to be displayed under subparagraph (A).

(6) Display of redemption rates

Not later than 1 year after the date of enactment of this section, each covered air carrier shall—

(A)

display on a page of the website and mobile application of the air carrier the percentage rate of points, miles, or other accrued value that consumers successfully used or redeemed in the preceding 12 months; and

(B)

update such percentage rate on an annual basis.

(7) Airfare and ancillary fee 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 ancillary fees in any combination of dollars and points, miles, or other accrued value promised or offered in connection with a frequent flyer program.

(8) Account security

Not later than 90 days after the date of enactment of this section, each covered air carrier shall—

(A)

require multi-factor authentication for access to a frequent flyer program account; and

(B)

implement other reasonable data security protections as the Secretary may require.

(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 and FTC

In carrying out paragraphs (1) and (2), the Secretary shall coordinate with the Director of the Consumer Financial Protection Bureau and the Commissioners of the Federal Trade Commission, as necessary.

(c) Definitions

In this section:

(1) Ancillary fee

The term ancillary fee means any fee paid for 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 (including any program partner of such air carrier or a foreign airline partnership that includes such 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.

(d) Regulations

The Secretary may issue such regulations as may be necessary to implement this section.

(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: