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106TH CONGRESS

1ST SESSION H. R. 2157

To commission a study by the Federal Trade Commission of the marketing

practices of the motion picture, recording, and video/personal computer

game industries.

IN THE HOUSE OF REPRESENTATIVES

JUNE 10, 1999

Mr. LUCAS of Kentucky introduced the following bill; which was referred to

the Committee on Commerce

A BILL

To commission a study by the Federal Trade Commission

of the marketing practices of the motion picture, recording, and video/personal computer game industries.

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

3 SECTION 1. STUDY OF MARKETING PRACTICES OF MOTION

4 PICTURE, RECORDING, AND VIDEO/PER5 SONAL COMPUTER GAME INDUSTRIES.

6 (a) STUDY.—

7 (1) IN GENERAL.—The Federal Trade Commis8 sion and the Attorney General shall jointly conduct

9 a study of the marketing practices of the motion pic-
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1 ture, recording, and video/personal computer game

2 industries.

3 (2) ISSUES EXAMINED.—In conducting the

4 study under paragraph (1), the Commission and the

5 Attorney General shall examine—

6 (A) the extent to which the motion picture,

7 recording, and video/personal computer indus8 tries target the marketing of violent, sexually

9 explicit, or other unsuitable material to minors,

10 including whether such content is advertised or

11 promoted in media outlets in which minors

12 comprise a substantial percentage of the audi13 ence;

14 (B) the extent to which retail merchants,

15 movie theaters, or others who engage in the sale

16 or rental for a fee of products of the motion

17 picture, recording, and video/personal computer

18 industries—

19 (i) have policies to restrict the sale,

20 rental, or viewing to minors of music, mov21 ies, or video/personal computer games that

22 are deemed inappropriate for minors under

23 the applicable voluntary industry rating or

24 labeling systems; and
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1 (ii) have procedures compliant with

2 such policies;

3 (C) whether and to what extent the motion

4 picture, recording, and video/personal computer

5 industries require, monitor, or encourage the

6 enforcement of their respective voluntary rating

7 or labeling systems by industry members, retail

8 merchants, movie theaters, or others who en9 gage in the sale or rental for a fee of the prod10 ucts of such industries;

11 (D) whether any of the marketing prac12 tices examined may violate Federal law; and

13 (E) whether and to what extent the motion

14 picture, recording, and video/personal computer

15 industries engage in actions to educate the pub16 lic on the existence, use, or efficacy of their vol17 untary rating or labeling systems.

18 (3) FACTORS FOR DETERMINATION.—In deter19 mining whether the products of the motion picture,

20 recording, or video/personal computer industries are

21 violent, sexually explicit, or otherwise unsuitable for

22 minors for the purposes of paragraph (2)(A), the

23 Commission and the Attorney General shall consider

24 the voluntary industry rating or labeling systems of
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1 the industry concerned as in effect on the date of

2 the enactment of this Act.

3 (b) REPORT.—Not later than one year after the date

4 of the enactment of this Act, the Commission and the At5 torney General shall submit to Congress a report on the

6 study conducted under subsection (a).

7 (c) AUTHORITY.—For the purposes of the study con8 ducted under subsection (a), the Commission may use its

9 authority under section 6(b) of the Federal Trade Com10 mission Act to require the filing of reports or answers in

11 writing to specific questions, as well as to obtain informa12 tion, oral testimony, documentary material, or tangible

13 things.

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