I 
109TH CONGRESS 
1ST SESSION H. R. 1145 
To require the Federal Trade Commission to study the rating system of 
the video game industry and assess their labeling practices to determine 
if such practices are unfair or deceptive. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 8, 2005 
Mr. BACA (for himself, Mr. WOLF, Mr. DEFAZIO, Mrs. NAPOLITANO, Mr. 
SPRATT, Mr. FORD, Mr. MORAN of Virginia, Mr. CARDOZA, Mr. PAYNE, 
Mr. BERRY, and Mr. HINOJOSA) introduced the following bill; which was 
referred to the Committee on Energy and Commerce 
A BILL 
To require the Federal Trade Commission to study the rating 
system of the video game industry and assess their label-
ing practices to determine if such practices are unfair 
or deceptive. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Software Accuracy and 
Fraud Evaluation Rating Act’’ or the ‘‘SAFE Rating 
Act’’.
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Entertainment Software Rating Board 
is a self-regulatory body for the interactive enter-
tainment software industry established in 1994 by 
the Entertainment Software Association. 
(2) The Entertainment Software Rating Board 
independently applies and enforces ratings, adver-
tising guidelines, and online privacy principles 
adopted by the computer and video game industry. 
(3) Questions and concerns have arisen regard-
ing the accuracy of video game ratings via the En-
tertainment Software Rating Board’s rating system. 
(4) Parents have the right to accurate informa-
tion in making purchasing decisions for their chil-
dren. 
(5) The Entertainment Software Association 
has previously released surveys indicating a high de-
gree of accuracy of the Entertainment Software Rat-
ing Board’s ratings, but, in light of continued paren-
tal concerns, it is appropriate to have a thorough 
and impartial government evaluation of the rating 
system. 
(6) The Federal Trade Commission’s Bureau of 
Consumer Protection is charged with protecting con-
sumers against unfair or deceptive acts or practices 
in or affecting commerce. 
(7) The Federal Trade Commission’s Bureau of 
Consumer Protection corrective actions include in-
dustry-wide investigations, possible litigation, and 
consumer education. 
SEC. 3. FTC REVIEW OF VIDEO GAME RATING SYSTEM. 
(a) STUDY.—Not later than 180 days after the enact-
ment of this Act, the Federal Trade Commission shall 
study the video and computer game rating system of the 
Entertainment Software Rating Board that was adopted 
by the video game industry to determine if the rating sys-
tem used by such industry accurately characterizes video 
game content or if such ratings constitute an unfair or 
deceptive act or practice affecting parents and other con-
sumers in making purchasing decisions. 
(b) FURTHER FTC ACTION.—If, pursuant to the 
study required by subsection (a), the Federal Trade Com-
mission finds such rating system to be an unfair or decep-
tive act or practice within the meaning of section 5 of the 
Federal Trade Commission Act (15 U.S.C. 45), the Com-
mission shall, pursuant to subsection (b) of such section, 
conduct a hearing and issue and serve a complaint (includ-
ing notice of such a hearing) upon any person, partner-
ship, or corporation that the Commission shall have reason
to believe has been or is using such an unfair or deceptive 
act or practice. 
(c) REPORT TO CONGRESS.—Not later than 1 year 
after commencing the study required by subsection (a), 
the Federal Trade Commission shall transmit to Congress 
a report of the findings of such study, including any rec-
ommendations for legislation. 
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