[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1145 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1145

 To require the Federal Trade Commission to study the rating system of 
    the video game industry and assess their labeling practices to 
          determine if such practices are unfair or deceptive.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2005

  Mr. Baca (for himself, Mr. Wolf, Mr. DeFazio, Mrs. Napolitano, Mr. 
 Spratt, Mr. Ford, Mr. Moran of Virginia, Mr. Cardoza, Mr. Payne, Mr. 
   Berry, and Mr. Hinojosa) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To require the Federal Trade Commission to study the rating system of 
    the video game industry and assess their labeling practices to 
          determine if such practices are unfair or deceptive.

    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 ``Software Accuracy and Fraud 
Evaluation Rating Act'' or the ``SAFE Rating Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Entertainment Software Rating Board is a self-
        regulatory body for the interactive entertainment software 
        industry established in 1994 by the Entertainment Software 
        Association.
            (2) The Entertainment Software Rating Board independently 
        applies and enforces ratings, advertising guidelines, and 
        online privacy principles adopted by the computer and video 
        game industry.
            (3) Questions and concerns have arisen regarding the 
        accuracy of video game ratings via the Entertainment Software 
        Rating Board's rating system.
            (4) Parents have the right to accurate information in 
        making purchasing decisions for their children.
            (5) The Entertainment Software Association has previously 
        released surveys indicating a high degree of accuracy of the 
        Entertainment Software Rating Board's ratings, but, in light of 
        continued parental concerns, it is appropriate to have a 
        thorough and impartial government evaluation of the rating 
        system.
            (6) The Federal Trade Commission's Bureau of Consumer 
        Protection is charged with protecting consumers against unfair 
        or deceptive acts or practices in or affecting commerce.
            (7) The Federal Trade Commission's Bureau of Consumer 
        Protection corrective actions include industry-wide 
        investigations, possible litigation, and consumer education.

SEC. 3. FTC REVIEW OF VIDEO GAME RATING SYSTEM.

    (a) Study.--Not later than 180 days after the enactment of this 
Act, the Federal Trade Commission shall study the video and computer 
game rating system of the Entertainment Software Rating Board that was 
adopted by the video game industry to determine if the rating system 
used by such industry accurately characterizes video game content or if 
such ratings constitute an unfair or deceptive act or practice 
affecting parents and other consumers in making purchasing decisions.
    (b) Further FTC Action.--If, pursuant to the study required by 
subsection (a), the Federal Trade Commission finds such rating system 
to be an unfair or deceptive act or practice within the meaning of 
section 5 of the Federal Trade Commission Act (15 U.S.C. 45), the 
Commission shall, pursuant to subsection (b) of such section, conduct a 
hearing and issue and serve a complaint (including notice of such a 
hearing) upon any person, partnership, or corporation that the 
Commission shall have reason to believe has been or is using such an 
unfair or deceptive act or practice.
    (c) Report to Congress.--Not later than 1 year after commencing the 
study required by subsection (a), the Federal Trade Commission shall 
transmit to Congress a report of the findings of such study, including 
any recommendations for legislation.
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