II 110th CONGRESS 2d Session S. 3315 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.

1.

Short title

This Act may be cited as the Video Game Rating Enforcement Act of 2008.

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.

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.

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.