I

103D CONGRESS

2D SESSION H. R. 3785

To provide for the establishment of the Interactive Entertainment Rating

Commission, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1994

Mr. LANTOS introduced the following bill; which was referred jointly to the

Committees on Energy and Commerce and the Judiciary

A BILL

To provide for the establishment of the Interactive

Entertainment Rating Commission, and for other purposes.

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 AND PURPOSE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Video Game Rating Act of 1994’’.

6 (b) PURPOSE.—The purpose of this Act is to provide

7 parents with information about the nature of video games

8 which are used in homes or public areas, including arcades

9 or family entertainment centers.
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1 SEC. 2. DEFINITIONS.

2 For purposes of this Act—

3 (1) the terms ‘‘video games’’ and ‘‘video de4 vices’’ mean any interactive computer game, includ5 ing all software, framework and hardware necessary

6 to operate a game, placed in interstate commerce;

7 and

8 (2) the term ‘‘video game industry’’ means all

9 manufacturers of video games and related products.

10 SEC. 3. THE INTERACTIVE ENTERTAINMENT RATING COM11 MISSION.

12 (a) ESTABLISHMENT.—There is established the

13 Interactive Entertainment Rating Commission (hereafter

14 in this Act referred to as the ‘‘Commission’’) which shall

15 be an independent establishment in the executive branch

16 as defined under section 104 of title 5, United States

17 Code.

18 (b) MEMBERS OF THE COMMISSION.—(1)(A) The

19 Commission shall be composed of 5 members. No more

20 than 3 members shall be affiliated with any 1 political

21 party.

22 (B) The members shall be appointed by the Presi23 dent, by and with the advice and consent of the Senate.

24 The President shall designate 1 member as the Chairman

25 of the Commission.
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1 (2) All members shall be appointed within 60 days

2 after the date of the enactment of this Act.

3 (c) TERMS.—Each member shall serve until the ter4 mination of the Commission.

5 (d) VACANCIES.—A vacancy on the Commission shall

6 be filled in the same manner as the original appointment.

7 (e) COMPENSATION OF MEMBERS.—(1) Section 5314

8 of title 5, United States Code, is amended by adding at

9 the end thereof the following new item:

10 ‘‘Chairman, Interactive Entertainment Rating Com11 mission.’’.

12 (2) Section 5315 of title 5, United States Code, is

13 amended by adding at the end thereof the following new

14 item:

15 ‘‘Members, Interactive Entertainment Rating Com16 mission.’’.

17 (3) The amendments made by this subsection are re18 pealed effective on the date of termination of the Commis19 sion.

20 (f) STAFF.—(1) The Chairman of the Commission

21 may, without regard to the civil service laws and regula22 tions, appoint and terminate an executive director and

23 such other additional personnel as may be necessary to

24 enable the Commission to perform its duties. The employ-
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1 ment of an executive director shall be subject to confirma2 tion by the Commission.

3 (2) The Chairman of the Commission may fix the

4 compensation of the executive director and other personnel

5 without regard to the provisions of chapter 51 and sub6 chapter III of chapter 53 of title 5, United States Code,

7 relating to classification of positions and General Schedule

8 pay rates, except that the rate of pay for the executive

9 director and other personnel may not exceed the rate pay10 able for level V of the Executive Schedule under section

11 5316 of such title.

12 (g) CONSULTANTS.—The Commission may procure

13 by contract, to the extent funds are available, the tem14 porary or intermittent services of experts or consultants

15 under section 3109 of title 5, United States Code. The

16 Commission shall give public notice of any such contract

17 before entering into such contract.

18 (h) FUNDING.—There are authorized to be appro19 priated to the Commission such sums as are necessary to

20 enable the Commission to carry out its duties under this

21 Act, such sums to remain available until December 31,

22 1996.

23 (i) TERMINATION.—The Commission shall terminate

24 on the earlier of—

25 (1) December 31, 1996; or
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1 (2) 90 days after the Commission submits a

2 written determination to the President that vol3 untary standards are established that are adequate

4 to warn purchasers of the violent or sexually explicit

5 content of video games.

6 SEC. 4. AUTHORITY AND FUNCTIONS OF THE COMMISSION.

7 (a) VOLUNTARY STANDARDS.—(1) The Commission

8 shall—

9 (A) during the 1-year period beginning on the

10 date of the enactment of this Act, and to the great11 est extent practicable, coordinate with the video

12 game industry in the development of a voluntary

13 system for providing information concerning the con14 tents of video games to purchasers and users; and

15 (B) 1 year after the date of enactment of this

16 Act—

17 (i) evaluate whether any voluntary stand18 ards proposed by the video game industry are

19 adequate to warn purchasers and users about

20 the violence or sexually explicit content of video

21 games; and

22 (ii) determine whether the voluntary indus23 try response is sufficient to adequately warn

24 parents and users of the violence or sex content

25 of video games.
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1 (2) If before the end of the 1-year period beginning

2 on the date of the enactment of this Act, the Commission

3 makes a determination of adequate industry response

4 under paragraph (1)(B)(ii) and a determination that suffi5 cient voluntary standards are established, the Commission

6 shall—

7 (A) submit a report of such determinations and

8 the reasons therefor to the President and the Con9 gress; and

10 (B) terminate in accordance with section

11 3(i)(2).

12 (b) REGULATORY AUTHORITY.—Effective on and

13 after the date occurring 1 year after the date of the enact14 ment of this Act the Commission may promulgate regula15 tions requiring manufacturers and sellers of video games

16 to provide adequate information relating to violence or

17 sexually explicit content of such video games to purchasers

18 and users.

19 SEC. 5. ANTITRUST EXEMPTION.

20 The antitrust laws as defined in subsection (a) of the

21 first section of the Clayton Act (15 U.S.C. 45) and the

22 law of unfair competition under section 5 of the Federal

23 Trade Commission Act (15 U.S.C. 45) shall not apply to

24 any joint discussion, consideration, review, action, or

25 agreement by or among persons in the video game indus-
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1 try for the purpose of, and limited to, developing and dis2 seminating voluntary guidelines designed to provide appro3 priate information regarding the sex or violence content

4 of video games to purchasers of video games at the point

5 of sale or initial use or other users of such video games.

6 The exemption provided for in this subsection shall not

7 apply to any joint discussion, consideration, review, action,

8 or agreement which results in a boycott of any person.

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