S.Amdt. 3137

SA 3137. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X add the following:

Subtitle I--TICKET Act

SEC. 1096. DEFINITIONS.

In this subtitle:
(1) Commission; event ticket; ticket issuer.--The terms
``Commission'', ``event ticket'', and ``ticket issuer'' have
the same meanings as in the Better Online Ticket Sales Act of
2016 (Public Law 114-274).
(2) Base event ticket price.--The term ``base event ticket
price'' means, with respect to an event ticket, the price of
the event ticket excluding the cost of any event ticket fees.
(3) Event.--The term ``event'' means any live concert,
theatrical performance, sporting event, show, or similarly
scheduled live activity, taking place in a venue with a
seating or attendance capacity exceeding 200 persons that
is--
(A) open to the general public; and
(B) promoted, advertised, or marketed in interstate
commerce, or for which event tickets are generally sold or
distributed in interstate commerce.
(4) Total event ticket price.--The term ``total event
ticket price'' means, with respect to an event ticket, the
total cost of the event ticket, including the base event
ticket price and any event ticket fees.
(5) Event ticket fee.--The term ``event ticket fee'' means
a charge that must be paid in addition to the base event
ticket price in order to obtain an event ticket from a ticket
issuer or secondary market ticket issuer, including service
fees, charge and order processing fees, delivery fees,
facility charge fees, taxes, and other charges, and does not
include any charge or fee for an optional product or service
associated with the event that may be selected by a purchaser
of an event ticket.
(6) Optional product or service.--The term ``optional
product or service'' means a product or service that an
individual does not need to purchase to use or take
possession of an event ticket.
(7) Secondary market ticket issuer.--The term ``secondary
market ticket issuer'' means any entity for which it is in
the regular course of the trade or business of the entity to
resell or make a secondary sale of an event ticket to the
general public.
(8) Resale; secondary sale.--The terms ``resale'' and
``secondary sale'' mean any sale of an event ticket that
occurs after the initial sale of the event ticket by a ticket
issuer.

SEC. 1097. ALL-INCLUSIVE TICKET PRICE DISCLOSURE.

Beginning 120 days after the date of enactment of this
subtitle, it shall be unlawful for a ticket issuer or
secondary market ticket issuer to offer for sale an event
ticket unless the ticket issuer or secondary market ticket
issuer--
(1) clearly and conspicuously displays the total event
ticket price, if a price is displayed, in any advertisement,
marketing, or price list wherever the ticket is offered for
sale;
(2) clearly and conspicuously discloses to any individual
who seeks to purchase an event ticket the total event ticket
price at the time the ticket is first displayed to the
individual and anytime thereafter throughout the ticket
purchasing process; and
(3) provides an itemized list of the base event ticket
price and each event ticket fee.

SEC. 1098. ENFORCEMENT.

(a) Unfair or Deceptive Act or Practice.--A violation of
section 1097 shall be treated as a violation of a rule
defining an unfair or deceptive act or practice under section
18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C.
57a(a)(1)(B)).
(b) Powers of the Commission.--
(1) In general.--The Commission shall enforce section 1097
in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act ( 15
U.S.C. 41 et seq.) were incorporated into and made a part of
this subtitle.
(2) Privileges and immunities.--Any person who violates
section 1097 shall be subject to the penalties and entitled
to the privileges and immunities provided in the Federal
Trade Commission Act ( 15 U.S.C. 41 et seq.).
(3) Authority preserved.--Nothing in this subtitle shall be
construed to limit the authority of the Commission under any
other provision of law.

[[Page S5466]]

______