[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[House]
[Pages H8153-H8155]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              INFORMING CONSUMERS ABOUT SMART DEVICES ACT

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4081) to require the disclosure of a camera or recording 
capability in certain internet-connected devices, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4081

       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 prevent 
     any person from violating this Act or a regulation 
     promulgated under 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 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 devices manufactured after the 
     date that is 180 days after

[[Page H8154]]

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

     SEC. 6. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Kentucky (Mr. Guthrie) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 4081.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 4081, the Informing 
Consumers About Smart Devices Act.
  For consumers, the benefits of technological progress are all around 
us. Perhaps nowhere is this more apparent than in our homes. The 
growing array of smart devices and household appliances with voice, 
video, and internet connectivity and technology make our lives easier, 
more entertaining, and more comfortable.
  So, while there is no question that smart refrigerators, home 
assistants like Amazon's Alexa, and the countless other internet-
connected devices that have microphones or cameras benefit consumers, 
there is also no question that these devices should not be able to 
listen to or watch us without our knowledge or consent. Unfortunately, 
studies confirm that many devices do not disclose these capabilities. 
Some are easily tricked into recording when people do not want them to 
do so.
  So H.R. 4081 addresses this straightforward problem with a 
straightforward solution. The bill requires manufacturers of internet-
connected devices that are equipped with a camera or microphone to 
disclose to consumers that a camera or microphone is part of the 
device. The bill does not apply to mobile phones, laptops, or other 
devices that a consumer would already reasonably expect to include a 
camera or microphone.
  Now, the Federal Trade Commission must issue guidance to help 
businesses comply with these new requirements and may seek penalties, 
including civil penalties, for violations.
  This bill will protect consumers; and I commend Representatives 
Curtis and Moulton for their bipartisan work on this legislation.
  This bill is commonsense, balanced, and bipartisan. It is a solution 
to an issue that touches all Americans. It unanimously passed out of 
the Energy and Commerce Committee in July by a vote of 53-to-0 and is 
yet another example of the work the committee is doing to protect 
consumers. I hope that trend continues today here on the House floor 
because there is no reason why consumers should ever be spied on by 
their own household devices without their knowledge and consent.
  So, Mr. Speaker, I urge all my colleagues to support this important 
consumer protection legislation, and I reserve the balance of my time.
  Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 4081, the Informing 
Consumers About Smart Devices Act, introduced by Representative Curtis.
  In the past few years, we have seen a tremendous advancement in the 
development of technologies in consumer products. While many of these 
technologies make everyday life more convenient, they also have the 
ability to collect data from their users without their knowledge.
  While it may be apparent to users that a laptop has the ability to 
record conversations, it certainly may not be clear that other devices 
like televisions, refrigerators, even toasters, have the same 
capabilities.
  This bipartisan legislation would simply require manufacturers of the 
internet-connected devices that contain a microphone or a camera, and 
that do not market themselves as such consumer electronics, to disclose 
to consumers that such a component is part of the device, either pre- 
or post-sale.
  We owe it to our constituents to ensure these types of devices are 
not recording them without their consent and collecting data when their 
users are not aware.
  I thank Representatives Curtis and Moulton for their bipartisan work 
on H.R. 4018.
  Mr. Speaker, I urge all of my colleagues to support this legislation, 
and I reserve the balance of my time.

                              {time}  1615

  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  I want to take this opportunity to talk about one of our key staff 
people who is leaving in the next few days. The person, of course, is 
Jerry Leverich, who is right behind me here.
  Jerry has played an instrumental role in the committee's work, not 
only with consumer protection but on so many issues. Shortly after I 
became the top Democrat on the committee, more than 7 years ago, he 
started. He is currently the staff director for both our Subcommittee 
on Communications and Technology and our Subcommittee on Consumer 
Protection and Commerce.
  Over these last 7 years since he has been here, he has played a 
critical role in our efforts to expand access to broadband nationwide, 
make internet service more affordable, and protect consumers from 
annoying robocalls.
  I have to also say that if it wasn't for him, I don't know that I 
would be able to deal with a lot of technological issues in the 
committee or even explain a lot of what we are doing on the issues.
  He led our efforts this summer, on the Democratic side, on passing 
out of committee for the first time the bicameral and bipartisan 
consumer data privacy bill, which we consider on both sides of the 
aisle a significant achievement. We are still working, obviously, to 
bring that to the House floor before the end of this session of 
Congress.
  Mr. Speaker, I thank him for his counsel. I wish him nothing but the 
best in his future endeavors. Obviously, we don't want him to leave. I 
also want to say that not only is Jerry such an expert and so 
intelligent and wise on so many issues, but he is also a great 
individual and someone you can always rely on to be straightforward and 
tell us when we are doing good things, tell us when we are not, telling 
us when we can do things that are achievable and when they are not. 
Generally, overall, he has been a great staff member, so I thank him.
  Mr. Speaker, I ask that we all support this legislation, and I yield 
back the balance of my time.
  Mr. GUTHRIE. Mr. Speaker, I yield myself the balance of my time.
  We wish Jerry Godspeed and thank him for the good work. I know 
sometimes when our staff leaves, it is bittersweet. We hate to see them 
go but know they are going to different opportunities. The hard work 
that both your side and our side of the aisle do together, sometimes 
when we are working on things together, sometimes negotiating together, 
it is always good work. We are well served. The American people, more 
than anything, are well served by the people who work here on Capitol 
Hill. I thank and congratulate Jerry.
  Mr. Speaker, I urge passage of this legislation, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 4081, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. TIFFANY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

[[Page H8155]]

  

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