II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Family Entertainment 

5 Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Research shows that exposure to video 

9 games, television, movies, and other forms of media 

10 has powerful effects on the development of children 

11 and adolescents and that such effects can be positive 
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1 or negative depending on the nature and content of 

2 the media. 

3 (2) Experimental research and longitudinal re4 search conducted over the course of decades shows 

5 that exposure to higher levels of violence on tele6 vision, in movies, and in other forms of media in 

7 adolescence causes people in the short-term and, 

8 after repeated exposure, even years later to exhibit 

9 higher levels of violent thoughts, anti-social and ag10 gressive behavior, fear, anxiety, and hostility, and 

11 desensitization to the pain and suffering of others. 

12 (3) This evidence is so strong, it has been rep13 licated in so many populations, and it draws on such 

14 diverse methodologies that a 2003 comprehensive re15 view of the literature concluded ‘‘the scientific de16 bate over whether media violence increases aggres17 sion and violence is essentially over’’ and 6 major 

18 medical and public health organizations, including 

19 the American Medical Association and the American 

20 Psychological Association, issued a Joint Statement 

21 to Congress in 2000 stating that research points 

22 ‘‘overwhelmingly to a causal connection between 

23 media violence and aggressive behavior’’. 

24 (4) New research shows that exposure to violent 

25 video games causes similar effects as does exposure 
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1 to violence in other media, including increased levels 

2 of aggression in both the short-term and long-term, 

3 and research shows that the uniquely interactive, en4 gaging nature of video games may be especially pow5 erful in shaping children’s thoughts, feelings, and 

6 behaviors. 

7 (5) Research shows that children are more like8 ly to imitate the actions of a character with whom 

9 they identify, and in violent video games the player 

10 is often provided with a behavioral script where he 

11 or she takes the point of view of the shooter or per12 petrator. 

13 (6) Research shows that children are more like14 ly to learn from behaviors that they repeat over and 

15 over again and behaviors that they are rewarded for 

16 taking, and in most video games, surveys show, play17 ers repeat actions over and over again, aggression 

18 goes unpunished, and perpetrators are rewarded for 

19 taking aggressive action 

20 (7) The video game industry, through the En21 tertainment Software Ratings Board, has created a 

22 system of self-regulation, and a system to provide in23 formation to parents about the nature and content 

24 of video games. 
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1 (8) The Entertainment Software Ratings Board 

2 has determined that certain video games contain in3 tense violence and explicit sexual content that makes 

4 them inappropriate for minors, and has rated these 

5 games Mature and Adults-Only. 

6 (9) Research shows that children whose parents 

7 monitor and control their access to violent media are 

8 less likely to demonstrate the negative effects of 

9 such media. 

10 (10) Parents rely on the Entertainment Soft11 ware Ratings Board ratings system to protect their 

12 children from inappropriate material yet, numerous 

13 studies have demonstrated that young people can ac14 cess Mature-rated games with relative ease. 

15 (11) There is a need to enact legislation to en16 sure that the ratings system is meaningful. 

17 SEC. 3. DEFINITIONS. 

18 In this Act, the following definitions shall apply: 

19 (1) BUSINESS.—The term ‘‘business’’ means 

20 any ongoing lawful activity that is conducted— 

21 (A) primarily for the purchase, sale, lease, 

22 or rental of personal or real property, or for the 

23 manufacture, processing, or marketing of prod24 ucts, commodities, or any other personal prop25 erty; or 
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1 (B) primarily for the sale of services to the 

2 public. 

3 (2) COMMISSION.—The term ‘‘Commission’’ 

4 means the Federal Trade Commission. 

5 (3) ENTERTAINMENT SOFTWARE RATINGS

6 BOARD.—The term ‘‘Entertainment Software Rat7 ings Board’’ means the independent rating system, 

8 or any successor ratings system— 

9 (A) established by the Interactive Digital 

10 Software Association; and 

11 (B) developed to provide information to 

12 consumers regarding the content of video and 

13 computer games. 

14 (4) VIDEO GAME.—The term ‘‘video game’’ 

15 means an electronic object or device that— 

16 (A) stores recorded data or instructions; 

17 (B) receives data or instructions generated 

18 by the person who uses it; and 

19 (C) by processing such data or instruc20 tions, creates an interactive game capable of 

21 being played, viewed, or experienced on or 

22 through a computer, gaming system, console, or 

23 other technology. 
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1 SEC. 4. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES 

2 TO MINORS. 

3 (a) IN GENERAL.—No business shall sell or rent, or 

4 permit the sale or rental of any video game with a Mature, 

5 Adults-Only, or Ratings Pending rating from the Enter6 tainment Software Ratings Board to any individual who 

7 has not attained the age of 17 years. 

8 (b) AFFIRMATIVE DEFENSES.— 

9 (1) IN GENERAL.—It shall be a defense to any 

10 prosecution for a violation of the prohibition under 

11 subsection (a) that a business— 

12 (A) was shown an identification document, 

13 which the business reasonably believed to be 

14 valid, indicating that the individual purchasing 

15 or renting the video game had attained the age 

16 of 17 years or older; or 

17 (B) had an established ratings enforcement 

18 policy— 

19 (i) as evidenced by— 

20 (I) cash register prompts remind21 ing employees of that business to 

22 check for identification stating that a 

23 customer is of an appropriate age to 

24 purchase or rent a video game, or an 

25 established video game age identifica-
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1 tion training program for employees 

2 of that business; 

3 (II) clear labels indicating the 

4 rating on each video game sold or 

5 rented by that business; and 

6 (III) signs on the wall of the 

7 business property explaining, in sim8 ple, easy-to-understand language, the 

9 ratings enforcement policy of that 

10 business; or 

11 (ii) as evidenced by an online age 

12 verification system, in the case of online 

13 sales. 

14 (2) LIMITATION.—If a business is found to re15 peatedly violate the prohibition in subsection (a) de16 spite the adoption by such business of an established 

17 ratings policy as described in paragraph (1)(B), 

18 such business shall be prohibited in any prosecution 

19 for a violation of this section from using any of the 

20 defenses listed in subsection (b). 

21 (c) PENALTY.—The manager or agent of the man22 ager acting in a managerial capacity of a business found 

23 to be in violation of the prohibition under subsection (a) 

24 shall be subject to a civil penalty, community service, or 

25 both not to exceed— 
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1 (1) $1,000 or 100 hours of community service 

2 for the first violation; and 

3 (2) $5,000 or 500 hours of community service 

4 for each subsequent violation. 

5 SEC. 5. ANNUAL ANALYSIS TO PREVENT RATINGS SLIP6 PAGE. 

7 (a) IN GENERAL.—The Commission shall contract 

8 with an organization with expertise in evaluating video 

9 game content and that has no financial or personal inter10 est, connection, or tie with the video game industry, to 

11 determine, in a written report, on an annual basis, wheth12 er the ratings established by the Entertainment Software 

13 Ratings Board remain consistent and reliable over time. 

14 (b) CONTENT OF ANALYSIS.—Each annual analysis 

15 report required under subsection (a) shall— 

16 (1) evaluate a random sample of video games, 

17 representing the full menu of Entertainment Soft18 ware Ratings Board ratings; 

19 (2) determine whether each such rating has es20 sentially the same meaning from year to year; and 

21 (3) compare Entertainment Software Ratings 

22 Board ratings to independent, valid, and reliable rat23 ing systems ratings. 
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1 SEC. 6. AUTHORITY TO CONDUCT SECRET AUDITS. 

2 The Commission shall conduct, and make public the 

3 results of, an annual secret audit of businesses to deter4 mine how frequently minors who attempt to purchase 

5 video games with a Mature, Adults-Only, or Rating Pend6 ing rating are able to do so successfully. 

7 SEC. 7. AUTHORITY TO INVESTIGATE MISLEADING RAT8 INGS. 

9 (a) IN GENERAL.—The Commission shall conduct, to 

10 the extent practicable, an investigation into embedded con11 tent in video games that can be accessed through a key12 stroke combination, pass-code, or other technological 

13 means to estimate— 

14 (1) what proportion of video games contain em15 bedded content that is inconsistent with the rating 

16 given to such games, and what proportion of the do17 mestic market such games represent; 

18 (2) what proportion of video games containing 

19 embedded content that is inconsistent with the rat20 ing given to such games are known to the video 

21 game manufacturer at the time of the commercial 

22 release of the game to contain embedded content, 

23 and what proportion of the domestic market such 

24 games represent; and 

25 (3) whether video game manufacturers have the 

26 capacity to ensure that video games do not contain 
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1 embedded content that is inconsistent with the rat2 ings given to such games. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that whenever the Commission determines that the 

5 content of a video game, either immediately accessible or 

6 embedded but accessible through a keystroke combination, 

7 pass-code, or other technological means, is inconsistent 

8 with the rating given to such game, the Commission shall 

9 take appropriate action under its authority to regulate un10 fair or deceptive acts or practices in or affecting commerce 

11 as authorized under section 5 of the Federal Trade Com12 mission Act (15 U.S.C. 45). 

13 (c) TIMING OF REPORT.—Not later than 1 year after 

14 the date of enactment of this Act, the Commission shall 

15 report to Congress the findings of its investigation under 

16 subsection (a). 

17 SEC. 8. AUTHORITY TO REGISTER COMPLAINTS. 

18 (a) IN GENERAL.—The Bureau of Consumer Protec19 tion of the Federal Trade Commission shall ensure that 

20 consumers can file complaints alleging that content-de21 scriptions or labels on a video game are misleading or de22 ceptive using the same Commission Consumer Complaint 

23 procedure by which the Bureau of Consumer Protection 

24 accepts complaints concerning other forms of unfair, de-
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1 ceptive, or fraudulent advertising, including through an 

2 easily accessible online filing system. 

3 (b) REPORT TO CONGRESS.—The Bureau of Con4 sumer Protection shall tabulate and report to Congress, 

5 on an annual basis, the number of complaints under sub6 section (a) levied against each video game manufacturer 

7 and business. 

8 SEC. 9. EFFECTIVE DATE. 

9 This Act shall become effective 120 days after the 

10 date of enactment of this Act. 

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