[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3315 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3315

 To prohibit the distribution or sale of video games that do not have 
  age-based content rating labels, to prohibit the sale or rental of 
    video games with adult content ratings to minors, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2008

  Mr. Wicker introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To prohibit the distribution or sale of video games that do not have 
  age-based content rating labels, to prohibit the sale or rental of 
    video games with adult content ratings to minors, 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 ``Video Game Rating Enforcement Act of 
2008''.

SEC. 2. PROHIBITION ON DISTRIBUTION OR SALE OF VIDEO GAMES WITHOUT AGE-
              BASED CONTENT RATING LABELS.

    (a) Prohibition.--
            (1) In general.--It shall be unlawful for any person to 
        ship or otherwise distribute in interstate commerce, or to sell 
        or rent, a video game that does not contain an age-based 
        content rating label, in a clear and conspicuous location on 
        the outside packaging of the video game.
            (2) Age-based content rating label.--In this subsection, 
        the term ``age-based content rating label'' means, with respect 
        to a video game, a label that describes the age appropriateness 
        of the content of such video game that is determined by the 
        Entertainment Software Ratings Board.
    (b) Rules for Posting Ratings Information.--Not later than 180 days 
after the date of the enactment of this Act, the Federal Trade 
Commission shall promulgate rules that require all retail 
establishments engaged in the sale of video games to display, in a 
clear and conspicuous location, information about the content rating 
system of the Entertainment Software Ratings Board. Such rules shall 
prescribe the information required to be displayed concerning the basic 
age-based content ratings of such Board.

SEC. 3. PROHIBITION ON THE SALE OR RENTAL TO MINORS OF VIDEO GAMES WITH 
              ADULT-CONTENT RATINGS.

    It shall be unlawful for any person to sell or rent, or attempt to 
sell or rent--
            (1) any video game that has an age-based content rating of 
        ``Adults Only'' (as determined by the Entertainment Software 
        Ratings Board) to any person under the age of 18; or
            (2) any video game that has an age-based content rating of 
        ``Mature'' (as determined by such Board) to any person under 
        the age of 17.

SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Act or Practice.--A violation of a 
prohibition described in sections 2(a) or 3 or a rule promulgated under 
section 2(b) shall be treated as a violation of a rule defining an 
unfair or deceptive act or practice prescribed under section 
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)).
    (b) Actions by the Federal Trade Commission.--The Federal Trade 
Commission shall enforce the provisions of this Act 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 Act.
    (c) Penalty.--Notwithstanding section 5(m) of the Federal Trade 
Commission Act (15 U.S.C. 45(m)), any person who violates a prohibition 
described in section 2(a) or 3 or a rule promulgated under section 2(b) 
of this Act shall be subject to a civil penalty of not more than $5,000 
per violation.
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