[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 538 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  1st Session
                                H. R. 538


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2023

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
   To require the disclosure of a camera or recording capability in 
                  certain internet-connected devices.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Informing Consumers about Smart 
Devices Act''.

SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN 
              CERTAIN INTERNET-CONNECTED DEVICES.

    Each manufacturer of a covered device shall disclose whether the 
covered device manufactured by the manufacturer contains a camera or 
microphone as a component of the covered device.

SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of section 
2 shall be treated as a violation of a rule defining an unfair or 
deceptive act or practice prescribed under section 18(a)(1)(B) of the 
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Actions by the Commission.--
            (1) In general.--The Federal Trade Commission shall enforce 
        this Act in the same manner, by the same means, and with the 
        same jurisdiction, powers, and duties as though all applicable 
        terms and provisions of the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.) were incorporated into and made a part of 
        this Act.
            (2) Penalties and privileges.--Any person who violates this 
        Act or a regulation promulgated under this Act shall be subject 
        to the penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act (15 U.S.C. 41 et 
        seq.).
    (c) Commission Guidance.--Not later than 180 days after the date of 
enactment of this Act, the Commission, through outreach to relevant 
private entities, shall issue guidance to assist manufacturers in 
complying with the requirements of this Act, including guidance about 
best practices for making the disclosure required by section 2 as clear 
and conspicuous as practicable.
    (d) Tailored Guidance.--A manufacturer of a covered device may 
petition the Commission, in a manner consistent with the rules of the 
Commission, for tailored guidance as to how to meet the requirements of 
section 2.
    (e) Limitation on Commission Guidance.--No guidance issued by the 
Commission with respect to this Act shall confer any rights on any 
person, State, or locality, nor shall operate to bind the Commission or 
any person to the approach recommended in such guidance. In any 
enforcement action brought pursuant to this Act, the Commission shall 
allege a specific violation of a provision of this Act. The Commission 
may not base an enforcement action on, or execute a consent order based 
on, practices that are alleged to be inconsistent with any such 
guidelines, unless the Commission determines such practices expressly 
violate section 2.

SEC. 4. DEFINITION OF COVERED DEVICE.

    As used in this Act, the term ``covered device''--
            (1) means a consumer product, as defined by section 3(a) of 
        the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is 
        capable of connecting to the internet, a component of which is 
        a camera or microphone; and
            (2) does not include--
                    (A) a telephone (including a mobile phone), a 
                laptop, tablet, or any device that a consumer would 
                reasonably expect to have a microphone or camera;
                    (B) any device that is specifically marketed as a 
                camera, telecommunications device, or microphone; or
                    (C) any device or apparatus described in sections 
                255, 716, and 718, and subsections (aa) and (bb) of 
                section 303 of the Communications Act of 1934 (47 
                U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any 
                regulations promulgated thereunder.

SEC. 5. EFFECTIVE DATE.

    This Act shall apply to all covered devices manufactured after the 
date that is 180 days after the date on which guidance is issued by the 
Commission under section 3(c), and shall not apply to covered devices 
manufactured or sold before such date, or otherwise introduced into 
interstate commerce before such date.

            Passed the House of Representatives February 27, 2023.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.