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[Senate Report 113-126]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 262
113th Congress }                                           {     REPORT

 1st Session   }                 SENATE                    {    113-126
_______________________________________________________________________

                 VIOLENT CONTENT RESEARCH ACT OF 2013

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 134

               December 17, 2013.--Ordered to be printed

                     U.S. GOVERNMENT PRINTING OFFICE

39-010                    WASHINGTON : 2013

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred thirteenth congress
                             first session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California            JOHN THUNE, South Dakota
BILL NELSON, Florida                 ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington           ROY BLUNT, Missouri
MARK PRYOR, Arkansas                 MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri           KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota             DEAN HELLER, Nevada
MARK WARNER, Virginia                DAN COATS, Indiana
MARK BEGICH, Alaska                  TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut      TED CRUZ, Texas
BRIAN SCHATZ, Hawaii                 DEB FISCHER, Nebraska
ED MARKEY, Massachusetts             RON JOHNSON, Wisconsin
CORY BOOKER, New Jersey
                     Ellen Doneski, Staff Director
                     John Williams, General Counsel
              David Schwietert, Republican Staff Director
              Nick Rossi, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel

                                                       Calendar No. 262
113th Congress  }                                       {        Report
                                 SENATE
 1st Session    }                                       {       113-126

======================================================================

 
                  VIOLENT CONTENT RESEARCH ACT OF 2013

                                _______
                                

               December 17, 2013.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 134]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 134) to arrange for the 
National Academy of Sciences to study the impact of violent 
video games and violent video programming on children, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 134, the Violent Content Research Act of 
2013, as reported, is to direct the Federal Communications 
Commission (FCC), the Federal Trade Commission (FTC), and the 
Department of Health and Human Services (HHS) to commission a 
comprehensive study and investigation by the National Academy 
of Sciences (NAS) on the possible connection between exposure 
to violent video games and violent video programming and 
harmful effects on children. An NAS report on its findings 
would be due to the FCC, FTC, HHS, and Congress no later than 
15 months after the study is commissioned by the sponsoring 
agencies and department.

                          BACKGROUND AND NEEDS

    There is a broad field of research examining the impact of 
violent media content on aggression in children and 
adolescents. The American Academy of Pediatrics (AAP) has 
stated that media violence is a public health issue. The AAP's 
policy statement on the issue begins as follows: ``Exposure to 
violence in media, including television, movies, music, and 
video games, represents a significant risk to the health of 
children and adolescents.''\1\ In reaching this conclusion, the 
AAP cites American and cross-cultural studies, field 
experiments, cross-sectional studies, and longitudinal studies 
involving children, teens, and young adults.
---------------------------------------------------------------------------
    \1\ American Academy of Pediatrics, Media Violence, Council of 
Communications and Media, Pediatrics (Nov. 1, 2009).
---------------------------------------------------------------------------
    Federal agencies also have reached a similar conclusion. In 
a 2007 report on violent television programming and its impact 
on children, the FCC agreed with the views of the then Surgeon 
General that there was ``strong evidence that exposure to 
violence in the media can increase aggressive behavior in 
children, at least in the short term.'' The FCC went on to 
detail the state of the research at that time on the effects of 
violent video programming, noting that ``a significant number 
of health professionals, parents, and members of the general 
public are concerned about television violence and its effect 
on children.''\2\
---------------------------------------------------------------------------
    \2\ Federal Communications Commission, Violent Television 
Programming And Its Impact On Children (April 25, 2007).
---------------------------------------------------------------------------
    In 2012, a special commission appointed by the 
International Society for Research on Aggression released its 
findings about the state of the research into the impacts of 
media violence. The report found that ``exposure to violent 
media can increase not only aggressive behavior in a variety of 
forms, but also aggressive thoughts, aggressive feelings, 
psychological arousal, and decrease prosocial behavior'' and 
further found that the ``effects are remarkably consistent 
regardless of the type of medium, age, gender, or where the 
person lives in the world.''\3\
---------------------------------------------------------------------------
    \3\ International Society for Research on Aggression, Report of the 
Media Violence Commission (May 2012).
---------------------------------------------------------------------------
    Despite the findings in these reports, there is not 
universal agreement on the impacts of such media violence on 
children. In 2011, the Supreme Court overturned a California 
law banning the sales of certain violent video games to 
minors.\4\ A key element of that decision was the finding by 
the majority of the Court that scientific literature 
demonstrating the ill-effects of video game and media violence 
on children was not persuasive. While studies may suggest a 
correlation between violent video games and aggressive 
behavior, the majority of the Court argued that causation had 
not been demonstrated. In addition, the Court's majority 
contended that the effects on children from video violence are 
small and indistinguishable from the effects of other media 
that enjoy full First Amendment protection (e.g., aggression 
resulting from reading Lord of the Flies, The Odyssey, or even 
comic books.) Some research has backed up these arguments with 
findings that either the impact of violent media is dwarfed by 
other factors--such as family violence--or that any impacts 
media violence may have on short-term aggression do not 
translate into real-world violence.
---------------------------------------------------------------------------
    \4\ Brown v. Entertainment Merchants Association (2011).
---------------------------------------------------------------------------
    For instance, in 2008, researchers conducted two studies 
examining the relationship between exposure to violent video 
games and aggression and found ``no link, either causal or 
correlational . . . between violent-video-game playing and 
aggressive or violent acts.''\5\ The lead researcher on that 
2008 study, Christopher Ferguson of Texas A&M University, has 
also raised questions concerning the validity of other research 
exploring possible links between exposure to media violence and 
aggression. His 2009 meta-analytic review of existing studies 
on the impact of violent media on aggressive behavior found 
publication bias in this field, and concluded that ``the 
perception of the strength, consistency, and generalizability 
of existing media violence research may be greatly 
overstated.''\6\
---------------------------------------------------------------------------
    \5\ Christopher J. Ferguson et al., Violent Video Games and 
Aggression: Causal Relationship or Byproduct of Family Violence and 
Intrinsic Violence Motivation?, Criminal Justice and Behavior (March 
2008).
    \6\ Christopher J. Ferguson and John Kilburn, The Public Health 
Risks of Media Violence: A Meta-Analytic Review, Journal of Pediatrics 
(May 2009).
---------------------------------------------------------------------------
    With video game interactivity increasing, and the sources 
for video programming expanding to online, mobile, and on-
demand platforms, it is important to have a respected, neutral, 
expert third party to take a comprehensive look at the state of 
the research on violent content and its impact on the well-
being of children. As proposed in S. 134, the NAS's independent 
view on the current state of research and a research plan for 
future research in this area could inform research by other 
organizations, including the Centers for Disease Control and 
Prevention, and provide guidance to lawmakers.

                          LEGISLATIVE HISTORY

    On January 24, 2013, Senator Rockefeller introduced S. 134, 
the Violent Content Research Act of 2013. The bill is co-
sponsored by Senators Blumenthal, Coburn, Heller, Johanns, 
Klobuchar, and Pryor. The bill is nearly identical to 
legislation introduced by Senator Rockefeller in December 2012, 
with Senators Blumenthal, Coburn, Hutchison, Johanns, and 
Lieberman as cosponsors.
    The Committee held an executive session on July 30, 2013, 
during which S. 134 was considered. Senator Rockefeller 
submitted a substitute amendment to S. 134, which was adopted 
by voice vote. The Committee ordered that S. 134 be reported as 
amended (in the nature of a substitute).

                            ESTIMATED COSTS

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 134--Violent Content Research Act of 2013

    S. 134 would direct the Federal Trade Commission, the 
Federal Communications Commission (FCC), and the Department of 
Health and Human Services to request the National Academy of 
Sciences (NAS) to conduct a study to determine whether exposure 
to violent video games and programming has a harmful effect on 
children's behavior that can be distinguished from other 
factors. S. 134 also would direct the agencies to request the 
NAS to make a report on the results of the study available to 
each agency as well as the Congress.
    Based on information from the NAS, CBO estimates that 
implementing the provisions of S. 134 would cost $850,000 over 
the 2014-2018 period, assuming appropriation of the necessary 
amounts. The bill does not establish a process for determining 
how this cost would be split among the three agencies; the net 
discretionary cost of implementing S. 134 would depend on that 
allocation because one agency, the FCC, is authorized to 
collect fees sufficient to offset the cost of its regulatory 
activities each year. The portion of the report's cost that is 
allocated to the FCC would be offset by those fees, assuming 
appropriation actions consistent with the agency's authority, 
which would reduce the bill's net cost. Enacting S. 134 would 
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
    S. 134 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CB0 staff contact for this estimate is Susan Willie. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                           REGULATORY IMPACT

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:
    Because S. 134, as amended, does not create any new 
programs, the legislation will have no additional regulatory 
impact, and will result in no additional reporting 
requirements. The legislation will have no further effect on 
the number or types of individuals and businesses regulated, 
the economic impact of such regulation, the personal privacy of 
affected individuals, or the paperwork required from such 
individuals and businesses.

                   CONGRESSIONALLY DIRECTED SPENDING

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    The short title is the ``Violent Content Research Act of 
2013.''

Section 2. Study; National Academy of Sciences

    This section would direct the FCC, FTC, and HHS to enter 
into an agreement with the NAS to conduct a comprehensive study 
and investigation of whether there is a connection between 
exposure to: (1) violent video games and harmful effects on 
children that are distinguishable from the effects caused by 
other factors; and (2) violent video programming and harmful 
effects on children that are distinguishable from the effects 
caused by other factors.
    With respect to both violent video games and violent video 
programming, the NAS would be asked to examine whether exposure 
causes children to act aggressively or causes other measurable 
harm to children, if there is a disproportionately harmful 
effect on the behavior of certain identifiable groups of 
children (including children already prone to aggressive 
behavior), whether there is a harmful effect that is 
distinguishable from the effect produced by other types of 
media, and whether any measurable harm identified in the study 
has a direct and long-lasting impact on a child's well-being. 
With respect to violent video games, the NAS also would be 
asked to consider whether current and emerging characteristics 
of such games have a unique harmful effect on children given 
their concretely interactive nature.
    The NAS would further identify any gaps in the current 
state of research on violent video games and violent video 
programming which, if closed, could provide information 
regarding any causal connection between exposure to violent 
video games or violent video programming and harmful effects on 
children's behavior. The NAS report on its results in the study 
and investigation would be due to Congress, the FCC, FTC, and 
HHS within 15 months of when arrangements are completed by the 
sponsoring agencies and department.
    Given the 15-month timeframe in the bill, the Committee 
expects that the NAS would convene a panel of experts to 
evaluate the state of existing research and take other steps, 
as appropriate, to consider the required contents of the study 
set forth in the Act.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                  
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