[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Page S64]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Schumer, Ms. Snowe, and Mrs. 
        Boxer):
  S. 60. A bill to prohibit the sale and counterfeiting of Presidential 
inaugural tickets; to the Committee on Rules and Administration.
  Mrs. FEINSTEIN. Mr. President, I am pleased to join Senators Schumer, 
Snowe, and Boxer in introducing legislation to prohibit the selling and 
counterfeiting of tickets to the Presidential inaugural ceremony.
  The inauguration of the President of the United States is one of the 
most important rituals of our democracy, and the chance to witness this 
solemn event should not be bought and sold similar to tickets to a 
sporting event.
  This is a dignified and critical moment of transition in Government, 
a moment of which Americans have always been justifiably proud. It is, 
in fact, the major symbol of the real strength of our democracy--the 
peaceful transition from one elected President to the next.
  Tickets to the official Presidential inaugural ceremony are supposed 
to be free for the people: for the volunteers who gave up their 
weekends, walking miles door to door to encourage voters to turn out at 
the polls on election day, for members of the African-American 
community to see one of their own take the oath of office for the 
highest office in the land, for schoolchildren to witness history, and 
for the American public to watch this affirmation of our Constitution, 
this peaceful transition from one administration to another.
  This is going to be the major civic event of our time. Excitement is 
at an all time high, and every one of us has received more phone calls 
for tickets than we could possibly ever meet. People are desperate to 
become part of it, to touch it, to be around, to feel it, to listen to 
it, and they are coming from all over the country. We could have more 
than 1.5 million people descend on the Nation's Capital for this 
inauguration.
  Before I introduced a similar bill at the end of the last Congress, 
tickets to the Presidential inaugural were being offered for sale on 
the Internet for $5,000 apiece, with some going as high as $40,000 
each. To their credit, some Internet websites voluntarily agreed to 
refuse to sell these tickets online. I want to thank and commend 
Craigslist, eBay, and StubHub for leading the way on this issue.
  However, it is clear that relying on voluntary industry compliance to 
prevent the sale of these tickets is simply not enough. Today, some 
Internet sites are still offering these tickets for sale at prices up 
to $750 per ticket.
  Let me be clear--these are free tickets that have not yet been 
distributed by congressional and Presidential transition offices. These 
unscrupulous websites who continue to offer these tickets for sale do 
not have any tickets to offer for sale.
  These tickets are supposed to be free for the people. Once more, 
these tickets are not yet even available. They will not be distributed 
to congressional offices until the end of the week before the 
inauguration. Even then the offices will require in-person pickup, with 
secure identification. But they will be free and they should stay that 
way.
  We are asking people to pick up their tickets the day before the 
inauguration in my office. Everyone will submit their name, their 
address, and their driver's license. They will have to verify they are 
the actual person who has tickets waiting for them. I believe this kind 
of procedure deters unscrupulous people from selling these tickets on 
the Internet. No websites or other ticket outlets have inaugural 
swearing-in tickets to sell, despite what some of them claim.
  Congress has the responsibility of overseeing this historic event. 
This bill will ensure that these tickets are not sold to the highest 
bidder, and that the inauguration has all the respect and dignity it 
deserves.
  This legislation is aimed at stopping those who seek to profit by 
selling these tickets. It would also target those who seek to dupe the 
public with fraudulent or counterfeit tickets or those who merely 
promise but can't deliver on tickets that they do not actually have.
  Those who violate the law under this legislation would face a class A 
misdemeanor with a substantial fine, imprisonment of up to 1 year, or 
both.
  The bill also exempts official Presidential Inaugural Committees, and 
there is good reason for this. Presidential Inaugural Committees are 
used to organize and fund the public inaugural ceremonies. Donations 
made in return for inaugural tickets have long been used by both 
political parts to fund the Presidential inaugural festivities.
  Unlike unscrupulous websites and ticket scalpers, there is no 
``profit'' made by Presidential Inaugural Committees in giving these 
tickets to people in return for inaugural donations. This exemption 
will allow both parties to raise the needed funds to put on 
Presidential inaugurals in the future.
  It is my hope that Congress will pass this legislation quickly, 
before President-elect Obama's inauguration on January 20th. I think it 
is very important to establish once and for all that tickets to the 
inauguration of the next President of the United States are not issues 
of commerce, but rather free tickets to be given to the people.
  So I hope that this week this legislation can pass unanimously on a 
hotline by this body.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 60

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

     SECTION 1. PROHIBITION ON SALE AND COUNTERFEITING OF 
                   INAUGURAL TICKETS.

       (a) In General.--Chapter 25 of title 18, United States 
     Code, is amended by adding at the end the following

     ``Sec. 515. Prohibition on sale and counterfeiting of 
       inaugural tickets

       ``(a) In General.--It shall be unlawful for any person to--
       ``(1) except as provided in subsection (b), knowingly and 
     willfully sell for money or property, or facilitate the sale 
     for money or property of, a ticket to a Presidential 
     inaugural ceremony;
       ``(2) with the intent to defraud, falsely make, forge, 
     counterfeit, or falsely alter a ticket to a Presidential 
     inaugural ceremony; or
       ``(3) with the intent to defraud, use, unlawfully possess, 
     or exhibit a ticket to a Presidential inaugural ceremony, 
     knowing the ticket to be falsely made, forged, counterfeited, 
     or falsely altered.
       ``(b) Exception.--This section shall not apply to the sale 
     for money or property, facilitation of such a sale, or 
     attempt of such a sale, of a ticket to a Presidential 
     inaugural ceremony--
       ``(1) that occurs after the date on which the Presidential 
     inaugural ceremony for which the ticket was issued occurs; or
       ``(2) by an official presidential inaugural committee 
     established on behalf of a President elect of the United 
     States.
       ``(c) Penalty.--Whoever violates subsection (a) shall be 
     fined under this title, imprisoned not more than 1 year, or 
     both.
       ``(d) Definition.--In this section, the term `Presidential 
     inaugural ceremony' means a public inaugural ceremony at 
     which the President elect or the Vice President elect take 
     the oath or affirmation of office for the office of President 
     of the United States or the office of Vice President of the 
     United States, respectively.''.
       (b) Amendment to Chapter Analysis.--The chapter analysis 
     for chapter 25 of title 18, United States Code, is amended by 
     inserting at the end the following:

``515. Prohibition on sale and counterfeiting of inaugural tickets.''.
                                 ______