[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2126 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2126

       To limit the exposure of children to violent video games.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2005

Mrs. Clinton (for herself, Mr. Lieberman, and Mr. Bayh) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
       To limit the exposure of children to violent video games.

    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 ``Family Entertainment Protection 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Research shows that exposure to video games, 
        television, movies, and other forms of media has powerful 
        effects on the development of children and adolescents and that 
        such effects can be positive or negative depending on the 
        nature and content of the media.
            (2) Experimental research and longitudinal research 
        conducted over the course of decades shows that exposure to 
        higher levels of violence on television, in movies, and in 
        other forms of media in adolescence causes people in the short-
        term and, after repeated exposure, even years later to exhibit 
        higher levels of violent thoughts, anti-social and aggressive 
        behavior, fear, anxiety, and hostility, and desensitization to 
        the pain and suffering of others.
            (3) This evidence is so strong, it has been replicated in 
        so many populations, and it draws on such diverse methodologies 
        that a 2003 comprehensive review of the literature concluded 
        ``the scientific debate over whether media violence increases 
        aggression and violence is essentially over'' and 6 major 
        medical and public health organizations, including the American 
        Medical Association and the American Psychological Association, 
        issued a Joint Statement to Congress in 2000 stating that 
        research points ``overwhelmingly to a causal connection between 
        media violence and aggressive behavior''.
            (4) New research shows that exposure to violent video games 
        causes similar effects as does exposure to violence in other 
        media, including increased levels of aggression in both the 
        short-term and long-term, and research shows that the uniquely 
        interactive, engaging nature of video games may be especially 
        powerful in shaping children's thoughts, feelings, and 
        behaviors.
            (5) Research shows that children are more likely to imitate 
        the actions of a character with whom they identify, and in 
        violent video games the player is often provided with a 
        behavioral script where he or she takes the point of view of 
        the shooter or perpetrator.
            (6) Research shows that children are more likely to learn 
        from behaviors that they repeat over and over again and 
        behaviors that they are rewarded for taking, and in most video 
        games, surveys show, players repeat actions over and over 
        again, aggression goes unpunished, and perpetrators are 
        rewarded for taking aggressive action
            (7) The video game industry, through the Entertainment 
        Software Ratings Board, has created a system of self-
        regulation, and a system to provide information to parents 
        about the nature and content of video games.
            (8) The Entertainment Software Ratings Board has determined 
        that certain video games contain intense violence and explicit 
        sexual content that makes them inappropriate for minors, and 
        has rated these games Mature and Adults-Only.
            (9) Research shows that children whose parents monitor and 
        control their access to violent media are less likely to 
        demonstrate the negative effects of such media.
            (10) Parents rely on the Entertainment Software Ratings 
        Board ratings system to protect their children from 
        inappropriate material yet, numerous studies have demonstrated 
        that young people can access Mature-rated games with relative 
        ease.
            (11) There is a need to enact legislation to ensure that 
        the ratings system is meaningful.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Business.--The term ``business'' means any ongoing 
        lawful activity that is conducted--
                    (A) primarily for the purchase, sale, lease, or 
                rental of personal or real property, or for the 
                manufacture, processing, or marketing of products, 
                commodities, or any other personal property; or
                    (B) primarily for the sale of services to the 
                public.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Entertainment software ratings board.--The term 
        ``Entertainment Software Ratings Board'' means the independent 
        rating system, or any successor ratings system--
                    (A) established by the Interactive Digital Software 
                Association; and
                    (B) developed to provide information to consumers 
                regarding the content of video and computer games.
            (4) Video game.--The term ``video game'' means an 
        electronic object or device that--
                    (A) stores recorded data or instructions;
                    (B) receives data or instructions generated by the 
                person who uses it; and
                    (C) by processing such data or instructions, 
                creates an interactive game capable of being played, 
                viewed, or experienced on or through a computer, gaming 
                system, console, or other technology.

SEC. 4. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS.

    (a) In General.--No business shall sell or rent, or permit the sale 
or rental of any video game with a Mature, Adults-Only, or Ratings 
Pending rating from the Entertainment Software Ratings Board to any 
individual who has not attained the age of 17 years.
    (b) Affirmative Defenses.--
            (1) In general.--It shall be a defense to any prosecution 
        for a violation of the prohibition under subsection (a) that a 
        business--
                    (A) was shown an identification document, which the 
                business reasonably believed to be valid, indicating 
                that the individual purchasing or renting the video 
                game had attained the age of 17 years or older; or
                    (B) had an established ratings enforcement policy--
                            (i) as evidenced by--
                                    (I) cash register prompts reminding 
                                employees of that business to check for 
                                identification stating that a customer 
                                is of an appropriate age to purchase or 
                                rent a video game, or an established 
                                video game age identification training 
                                program for employees of that business;
                                    (II) clear labels indicating the 
                                rating on each video game sold or 
                                rented by that business; and
                                    (III) signs on the wall of the 
                                business property explaining, in 
                                simple, easy-to-understand language, 
                                the ratings enforcement policy of that 
                                business; or
                            (ii) as evidenced by an online age 
                        verification system, in the case of online 
                        sales.
            (2) Limitation.--If a business is found to repeatedly 
        violate the prohibition in subsection (a) despite the adoption 
        by such business of an established ratings policy as described 
        in paragraph (1)(B), such business shall be prohibited in any 
        prosecution for a violation of this section from using any of 
        the defenses listed in subsection (b).
    (c) Penalty.--The manager or agent of the manager acting in a 
managerial capacity of a business found to be in violation of the 
prohibition under subsection (a) shall be subject to a civil penalty, 
community service, or both not to exceed--
            (1) $1,000 or 100 hours of community service for the first 
        violation; and
            (2) $5,000 or 500 hours of community service for each 
        subsequent violation.

SEC. 5. ANNUAL ANALYSIS TO PREVENT RATINGS SLIPPAGE.

    (a) In General.--The Commission shall contract with an organization 
with expertise in evaluating video game content and that has no 
financial or personal interest, connection, or tie with the video game 
industry, to determine, in a written report, on an annual basis, 
whether the ratings established by the Entertainment Software Ratings 
Board remain consistent and reliable over time.
    (b) Content of Analysis.--Each annual analysis report required 
under subsection (a) shall--
            (1) evaluate a random sample of video games, representing 
        the full menu of Entertainment Software Ratings Board ratings;
            (2) determine whether each such rating has essentially the 
        same meaning from year to year; and
            (3) compare Entertainment Software Ratings Board ratings to 
        independent, valid, and reliable rating systems ratings.

SEC. 6. AUTHORITY TO CONDUCT SECRET AUDITS.

    The Commission shall conduct, and make public the results of, an 
annual secret audit of businesses to determine how frequently minors 
who attempt to purchase video games with a Mature, Adults-Only, or 
Rating Pending rating are able to do so successfully.

SEC. 7. AUTHORITY TO INVESTIGATE MISLEADING RATINGS.

    (a) In General.--The Commission shall conduct, to the extent 
practicable, an investigation into embedded content in video games that 
can be accessed through a keystroke combination, pass-code, or other 
technological means to estimate--
            (1) what proportion of video games contain embedded content 
        that is inconsistent with the rating given to such games, and 
        what proportion of the domestic market such games represent;
            (2) what proportion of video games containing embedded 
        content that is inconsistent with the rating given to such 
        games are known to the video game manufacturer at the time of 
        the commercial release of the game to contain embedded content, 
        and what proportion of the domestic market such games 
        represent; and
            (3) whether video game manufacturers have the capacity to 
        ensure that video games do not contain embedded content that is 
        inconsistent with the ratings given to such games.
    (b) Sense of Congress.--It is the sense of Congress that whenever 
the Commission determines that the content of a video game, either 
immediately accessible or embedded but accessible through a keystroke 
combination, pass-code, or other technological means, is inconsistent 
with the rating given to such game, the Commission shall take 
appropriate action under its authority to regulate unfair or deceptive 
acts or practices in or affecting commerce as authorized under section 
5 of the Federal Trade Commission Act (15 U.S.C. 45).
    (c) Timing of Report.--Not later than 1 year after the date of 
enactment of this Act, the Commission shall report to Congress the 
findings of its investigation under subsection (a).

SEC. 8. AUTHORITY TO REGISTER COMPLAINTS.

    (a) In General.--The Bureau of Consumer Protection of the Federal 
Trade Commission shall ensure that consumers can file complaints 
alleging that content-descriptions or labels on a video game are 
misleading or deceptive using the same Commission Consumer Complaint 
procedure by which the Bureau of Consumer Protection accepts complaints 
concerning other forms of unfair, deceptive, or fraudulent advertising, 
including through an easily accessible online filing system.
    (b) Report to Congress.--The Bureau of Consumer Protection shall 
tabulate and report to Congress, on an annual basis, the number of 
complaints under subsection (a) levied against each video game 
manufacturer and business.

SEC. 9. EFFECTIVE DATE.

    This Act shall become effective 120 days after the date of 
enactment of this Act.
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