[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1228 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1228

 To provide for the development, use, and enforcement of a system for 
 labeling violent content in audio and visual media products, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 1999

   Mr. McCain (for himself, Mr. Lieberman, Mr. Lott, and Mr. Conrad) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To provide for the development, use, and enforcement of a system for 
 labeling violent content in audio and visual media products, 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 ``Media Violence Labeling Act of 
1999''.

SEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA 
              PRODUCTS.

    (a) Declaration of Policy.--Section 2 of the Federal Cigarette 
Labeling and Advertising Act (15 U.S.C. 1331) is amended--
            (1) by inserting ``(a) Policy Regarding Cigarettes.--'' 
        before ``It is the policy of the Congress''; and
            (2) by adding at the end the following:
    ``(b) Policy Regarding Violence in Audio and Visual Media 
Products.--It is also the policy of Congress, and the purpose of this 
Act, to provide for the establishment, use, and enforcement of a 
consistent and comprehensive system for labeling violent content in 
audio and visual media products (including labeling of such products in 
the advertisements for such products), whereby--
            ``(1) the public may be adequately informed of--
                    ``(A) the nature, context, and intensity of 
                depictions of violence in audio and visual media 
                products; and
                    ``(B) matters needed to judge the appropriateness 
                of the purchase, viewing, listening to, use, or other 
                consumption of audio and visual media products 
                containing violent content by minors of various ages; 
                and
            ``(2) the public may be assured of--
                    ``(A) the accuracy and consistency of the system in 
                labeling the nature, context, and intensity of 
                depictions of violence in audio and visual media 
                products; and
                    ``(B) the accuracy and consistency of the system in 
                providing information on matters needed to judge the 
                appropriateness of the purchase, viewing, listening to, 
                use, or other consumption of audio and visual media 
                products containing violent content by minors of 
                various ages.''.
    (b) Labeling of Audio and Visual Media Products.--That Act is 
further amended by inserting after section 4 (15 U.S.C. 1333) the 
following new section:

             ``labeling of audio and visual media products

    ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and 
producers of interactive video game products and services, video 
program products, motion picture products, and sound recording products 
may submit to the Federal Trade Commission a joint proposal for a 
system for labeling the violent content in interactive video game 
products and services, video program products, motion picture products, 
and sound recording products.
    ``(2) The proposal under this subsection should, to the maximum 
extent practicable, meet the requirements set forth in subsection (b).
    ``(3)(A) The antitrust laws shall not apply to any joint 
discussion, consideration, review, action, or agreement between or 
among manufacturers and producers referred to in paragraph (1) for 
purposes of developing a joint proposal for a system for labeling 
referred to in that paragraph.
    ``(B) For purposes of this paragraph, the term `antitrust laws' has 
the meaning given such term in the first section of the Clayton Act (15 
U.S.C. 12) and includes section 5 of the Federal Trade Commission Act 
(15 U.S.C. 45).
    ``(b) Requirements for Labeling System.--A system for labeling the 
violent content in interactive video game products and services, video 
program products, motion picture products, and sound recording products 
under this section shall meet the following requirements:
            ``(1) The label of a product or service shall consist of a 
        single label which--
                    ``(A) takes into account the nature, context, and 
                intensity of the depictions of violence in the product 
                or service; and
                    ``(B) assesses the totality of all depictions of 
                violence in the product or service.
            ``(2) The label of a product or service shall specify a 
        minimum age in years for the purchase, viewing, listening to, 
        use, or consumption of the product or service in light of the 
totality of all depictions of violence in the product or service.
            ``(3) The format of the label for products and services 
        shall--
                    ``(A) incorporate each label provided for under 
                paragraphs (1) and (2);
                    ``(B) include a symbol or icon, and written text; 
                and
                    ``(C) be identical for each given label provided 
                under paragraphs (1) and (2), regardless of the type of 
                product or service involved.
            ``(4) In the case of a product or service sold in a box, 
        carton, sleeve, or other container, the label shall appear on 
        the box, carton, sleeve, or container in a conspicuous manner.
            ``(5) In the case of a product or service that is intended 
        to be viewed, the label shall--
                    ``(A) appear before the commencement of the product 
                or service;
                    ``(B) appear in both visual and audio form; and
                    ``(C) appear in visual form for at least five 
                seconds.
            ``(6) Any advertisement for a product or service shall 
        include a label of the product or service in accordance with 
        the applicable provisions of this subsection.
    ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the 
manufacturers and producers referred to in subsection (a) submit to the 
Federal Trade Commission a proposal for a labeling system referred to 
in that subsection not later than 180 days after the date of the 
enactment of the Media Violence Labeling Act of 1999, the Commission 
shall review the labeling system contained in the proposal to determine 
whether the labeling system meets the requirements set forth in 
subsection (b) in a manner that addresses fully the purposes set forth 
in section 2(b).
    ``(B) Not later than 180 days after commencing a review of the 
proposal for a labeling system under subparagraph (A), the Commission 
shall issue a labeling system for purposes of this section. The 
labeling system issued under this subparagraph may include such 
modifications of the proposal as the Commission considers appropriate 
in order to assure that the labeling system meets the requirements set 
forth in subsection (b) in a manner that addresses fully the purposes 
set forth in section 2(b).
    ``(2)(A) If the manufacturers and producers referred to in 
subsection (a) do not submit to the Commission a proposal for a 
labeling system referred to in that subsection within the time provided 
under paragraph (1)(A), the Commission shall prescribe regulations to 
establish a labeling system for purposes of this section that meets the 
requirements set forth in subsection (b).
    ``(B) Any regulations under subparagraph (A) shall be prescribed 
not later than one year after the date of the enactment of the Media 
Violence Labeling Act of 1999.
    ``(e) Prohibition on Sale or Distribution Without Label.--
Commencing one year after the date of the enactment of the Media 
Violence Labeling Act of 1999, a person may not manufacture or produce 
for sale or distribution in commerce, package for sale or distribution 
in commerce, or sell or distribute in commerce any interactive video 
game product or service, video program product, motion picture product, 
or sound recording product unless the product or service bears a label 
in accordance with the labeling system issued or prescribed by the 
Federal Trade Commission under subsection (d) which--
            ``(1) is appropriate for the nature, context, and intensity 
        of the depictions of violence in the product or service; and
            ``(2) specifies an appropriate minimum age in years for 
        purchasers and consumers of the product or service.
    ``(f) Prohibition on Sale in Violation of Age Restriction.--
Commencing one year after the date of the enactment of the Media 
Violence Labeling Act of 1999, a person may not sell in commerce an 
interactive video game product or service, video program product, 
motion picture product, or sound recording product to an individual 
whose age in years is less than the age specified as the minimum age in 
years for a purchaser and consumer of the product or service, as the 
case may be, under the labeling system issued or prescribed by the 
Federal Trade Commission under subsection (d).
    ``(g) Investigations of Improper Labeling.--The Federal Trade 
Commission shall have the authority to receive and investigate 
allegations that an interactive video game product or service, video 
program product, motion picture product, or sound recording product 
does not bear a label under the labeling system issued or prescribed by 
the Commission under subsection (d) that is appropriate for the product 
or service, as the case may be, given the nature, context, and 
intensity of the depictions of violence in the product or service.''.
    (c) Civil Penalty.--That Act is further amended by inserting after 
section 10 (15 U.S.C. 1338) the following new section:

                            ``civil penalty

    ``Sec. 10A. (a) In General.--Any person who violates subsection (e) 
or (f) of section 4A shall be subject to a civil penalty in an amount 
not to exceed $10,000 for each such violation.
    ``(b) Duration of Violation.--In the case of an interactive video 
game product or service, video program product, motion picture product, 
or sound recording product determined to violate section 4A(e), each 
day from the date of the commencement of sale or distribution of the 
product or service, as the case may be, to the date of the 
determination of the violation shall constitute a separate violation of 
subsection (a), and all such violations shall be aggregated together 
for purposes of determining the total liability of the manufacturer or 
producer of the product or service, as the case may be, for such 
violations under that subsection.''.
    (d) Short Title of Act.--The first section of that Act (15 U.S.C. 
1331 note) is amended to read as follows: ``That this Act may be cited 
as the `Federal Cigarette and Media Violence Labeling and Advertising 
Act'''.
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