U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–010 

" ! SENATE 113TH CONGRESS

1st Session 

REPORT 

2013

113–126 

Calendar No. 262 

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 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

FIRST SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

RICHARD BLUMENTHAL, Connecticut 

BRIAN SCHATZ, Hawaii 

ED MARKEY, Massachusetts 

CORY BOOKER, New Jersey 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

ROY BLUNT, Missouri 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

DAN COATS, Indiana 

TIM SCOTT, South Carolina 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

RON JOHNSON, Wisconsin 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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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 


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1 American Academy of Pediatrics, Media Violence, Council of Communications and Media, Pediatrics (Nov. 1, 2009). 2 Federal Communications Commission, Violent Television Programming And Its Impact On 

Children (April 25, 2007). 3 International Society for Research on Aggression, Report of the Media Violence Commission 

(May 2012). 4 Brown v. Entertainment Merchants Association (2011). 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). 

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. 

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

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

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. 

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 conVerDate Mar 15 2010 06:08 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR126.XXX SR126

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6 Christopher J. Ferguson and John Kilburn, The Public Health Risks of Media Violence: A 

Meta-Analytic Review, Journal of Pediatrics (May 2009). 

cerning the validity of other research exploring possible links between exposure to media violence and aggression. His 2009 metaanalytic 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

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 discreVerDate Mar 15 2010 06:08 Dec 18, 2013 Jkt 039010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR126.XXX SR126

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tionary 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 


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in the study has a direct and long-lasting impact on a child’s wellbeing. 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. 

Æ 


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