text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Family Entertainment Protection 
  Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) Research shows that exposure to video games, 
          television, movies, and other forms of media has powerful 
          effects on the development of children and adolescents and that 
          such effects can be positive or negative depending on the 
          nature and content of the media.
              (2) Experimental research and longitudinal research 
          conducted over the course of decades shows that exposure to 
          higher levels of violence on television, in movies, and in 
          other forms of media in adolescence causes people in the short-
          term and, after repeated exposure, even years later to exhibit 
          higher levels of violent thoughts, anti-social and aggressive 
          behavior, fear, anxiety, and hostility, and desensitization to 
          the pain and suffering of others.
              (3) This evidence is so strong, it has been replicated in 
          so many populations, and it draws on such diverse methodologies 
          that a 2003 comprehensive review of the literature concluded 
          ``the scientific debate over whether media violence increases 
          aggression and violence is essentially over'' and 6 major 
          medical and public health organizations, including the American 
          Medical Association and the American Psychological Association, 
          issued a Joint Statement to Congress in 2000 stating that 
          research points ``overwhelmingly to a causal connection between 
          media violence and aggressive behavior''.
              (4) New research shows that exposure to violent video games 
          causes similar effects as does exposure to violence in other 
          media, including increased levels of aggression in both the 
          short-term and long-term, and research shows that the uniquely 
          interactive, engaging nature of video games may be especially 
          powerful in shaping children's thoughts, feelings, and 
          behaviors.
              (5) Research shows that children are more likely to imitate 
          the actions of a character with whom they identify, and in 
          violent video games the player is often provided with a 
          behavioral script where he or she takes the point of view of 
          the shooter or perpetrator.
              (6) Research shows that children are more likely to learn 
          from behaviors that they repeat over and over again and 
          behaviors that they are rewarded for taking, and in most video 
          games, surveys show, players repeat actions over and over 
          again, aggression goes unpunished, and perpetrators are 
          rewarded for taking aggressive action
              (7) The video game industry, through the Entertainment 
          Software Ratings Board, has created a system of self-
          regulation, and a system to provide information to parents 
          about the nature and content of video games.
              (8) The Entertainment Software Ratings Board has determined 
          that certain video games contain intense violence and explicit 
          sexual content that makes them inappropriate for minors, and 
          has rated these games Mature and Adults-Only.
              (9) Research shows that children whose parents monitor and 
          control their access to violent media are less likely to 
          demonstrate the negative effects of such media.
              (10) Parents rely on the Entertainment Software Ratings 
          Board ratings system to protect their children from 
          inappropriate material yet, numerous studies have demonstrated 
          that young people can access Mature-rated games with relative 
          ease.
              (11) There is a need to enact legislation to ensure that 
          the ratings system is meaningful.
  
  SEC. 3. DEFINITIONS.
  
      In this Act, the following definitions shall apply:
              (1) Business.--The term ``business'' means any ongoing 
          lawful activity that is conducted--
                      (A) primarily for the purchase, sale, lease, or 
                  rental of personal or real property, or for the 
                  manufacture, processing, or marketing of products, 
                  commodities, or any other personal property; or
                      (B) primarily for the sale of services to the 
                  public.
              (2) Commission.--The term ``Commission'' means the Federal 
          Trade Commission.
              (3) Entertainment software ratings board.--The term 
          ``Entertainment Software Ratings Board'' means the independent 
          rating system, or any successor ratings system--
                      (A) established by the Interactive Digital Software 
                  Association; and
                      (B) developed to provide information to consumers 
                  regarding the content of video and computer games.
              (4) Video game.--The term ``video game'' means an 
          electronic object or device that--
                      (A) stores recorded data or instructions;
                      (B) receives data or instructions generated by the 
                  person who uses it; and
                      (C) by processing such data or instructions, 
                  creates an interactive game capable of being played, 
                  viewed, or experienced on or through a computer, gaming 
                  system, console, or other technology.
  
  SEC. 4. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS.
  
      (a) In General.--No business shall sell or rent, or permit the sale 
  or rental of any video game with a Mature, Adults-Only, or Ratings 
  Pending rating from the Entertainment Software Ratings Board to any 
  individual who has not attained the age of 17 years.
      (b) Affirmative Defenses.--
              (1) In general.--It shall be a defense to any prosecution 
          for a violation of the prohibition under subsection (a) that a 
          business--
                      (A) was shown an identification document, which the 
                  business reasonably believed to be valid, indicating 
                  that the individual purchasing or renting the video 
                  game had attained the age of 17 years or older; or
                      (B) had an established ratings enforcement policy--
                              (i) as evidenced by--
                                      (I) cash register prompts reminding 
                                  employees of that business to check for 
                                  identification stating that a customer 
                                  is of an appropriate age to purchase or 
                                  rent a video game, or an established 
                                  video game age identification training 
                                  program for employees of that business;
                                      (II) clear labels indicating the 
                                  rating on each video game sold or 
                                  rented by that business; and
                                      (III) signs on the wall of the 
                                  business property explaining, in 
                                  simple, easy-to-understand language, 
                                  the ratings enforcement policy of that 
                                  business; or
                              (ii) as evidenced by an online age 
                          verification system, in the case of online 
                          sales.
              (2) Limitation.--If a business is found to repeatedly 
          violate the prohibition in subsection (a) despite the adoption 
          by such business of an established ratings policy as described 
          in paragraph (1)(B), such business shall be prohibited in any 
          prosecution for a violation of this section from using any of 
          the defenses listed in subsection (b).
      (c) Penalty.--The manager or agent of the manager acting in a 
  managerial capacity of a business found to be in violation of the 
  prohibition under subsection (a) shall be subject to a civil penalty, 
  community service, or both not to exceed--
              (1) $1,000 or 100 hours of community service for the first 
          violation; and
              (2) $5,000 or 500 hours of community service for each 
          subsequent violation.
  
  SEC. 5. ANNUAL ANALYSIS TO PREVENT RATINGS SLIPPAGE.
  
      (a) In General.--The Commission shall contract with an organization 
  with expertise in evaluating video game content and that has no 
  financial or personal interest, connection, or tie with the video game 
  industry, to determine, in a written report, on an annual basis, 
  whether the ratings established by the Entertainment Software Ratings 
  Board remain consistent and reliable over time.
      (b) Content of Analysis.--Each annual analysis report required 
  under subsection (a) shall--
              (1) evaluate a random sample of video games, representing 
          the full menu of Entertainment Software Ratings Board ratings;
              (2) determine whether each such rating has essentially the 
          same meaning from year to year; and
              (3) compare Entertainment Software Ratings Board ratings to 
          independent, valid, and reliable rating systems ratings.
  
  SEC. 6. AUTHORITY TO CONDUCT SECRET AUDITS.
  
      The Commission shall conduct, and make public the results of, an 
  annual secret audit of businesses to determine how frequently minors 
  who attempt to purchase video games with a Mature, Adults-Only, or 
  Rating Pending rating are able to do so successfully.
  
  SEC. 7. AUTHORITY TO INVESTIGATE MISLEADING RATINGS.
  
      (a) In General.--The Commission shall conduct, to the extent 
  practicable, an investigation into embedded content in video games that 
  can be accessed through a keystroke combination, pass-code, or other 
  technological means to estimate--
              (1) what proportion of video games contain embedded content 
          that is inconsistent with the rating given to such games, and 
          what proportion of the domestic market such games represent;
              (2) what proportion of video games containing embedded 
          content that is inconsistent with the rating given to such 
          games are known to the video game manufacturer at the time of 
          the commercial release of the game to contain embedded content, 
          and what proportion of the domestic market such games 
          represent; and
              (3) whether video game manufacturers have the capacity to 
          ensure that video games do not contain embedded content that is 
          inconsistent with the ratings given to such games.
      (b) Sense of Congress.--It is the sense of Congress that whenever 
  the Commission determines that the content of a video game, either 
  immediately accessible or embedded but accessible through a keystroke 
  combination, pass-code, or other technological means, is inconsistent 
  with the rating given to such game, the Commission shall take 
  appropriate action under its authority to regulate unfair or deceptive 
  acts or practices in or affecting commerce as authorized under section 
  5 of the Federal Trade Commission Act (15 U.S.C. 45).
      (c) Timing of Report.--Not later than 1 year after the date of 
  enactment of this Act, the Commission shall report to Congress the 
  findings of its investigation under subsection (a).
  
  SEC. 8. AUTHORITY TO REGISTER COMPLAINTS.
  
      (a) In General.--The Bureau of Consumer Protection of the Federal 
  Trade Commission shall ensure that consumers can file complaints 
  alleging that content-descriptions or labels on a video game are 
  misleading or deceptive using the same Commission Consumer Complaint 
  procedure by which the Bureau of Consumer Protection accepts complaints 
  concerning other forms of unfair, deceptive, or fraudulent advertising, 
  including through an easily accessible online filing system.
      (b) Report to Congress.--The Bureau of Consumer Protection shall 
  tabulate and report to Congress, on an annual basis, the number of 
  complaints under subsection (a) levied against each video game 
  manufacturer and business.
  
  SEC. 9. EFFECTIVE DATE.
  
      This Act shall become effective 120 days after the date of 
  enactment of this Act.
target: Family Entertainment Protection Act - Prohibits a business from selling, renting, or permitting the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years.
  
  Subjects violators of this Act to a civil penalty.
  
  Requires the Federal Trade Commission (FTC) to contract with an expert, independent organization to determine annually whether Board ratings remain consistent and reliable.
  
  Authorizes the FTC to conduct: (1) and publicize the results of an annual secret audit of businesses to determine how frequently minors who attempt to purchase video games with a Mature, Adults-Only, or Rating Pending rating are able to do so successfully; and (2) an investigation into embedded content in video games that can be accessed through a keystroke combination, pass-code, or other technological means to estimate certain data about video games with embedded content.
  
  Expresses the sense of Congress that whenever the FTC determines that the content of a video game is inconsistent with the rating given to such game, it shall take appropriate action under its authority to regulate unfair or deceptive acts or practices in or affecting commerce.
  
  Requires the FTC's Bureau of Consumer Protection to ensure that consumers can file complaints alleging misleading or deceptive content-descriptions or labels on a video game using the same procedure (including an easily accessible online filing system) by which complaints are now accepted concerning other forms of unfair, deceptive, or fraudulent advertising.
feat_title: A bill to limit the exposure of children to violent video games.