[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Page S2385]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 188. Mr. CRUZ (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. __. INFORMING CONSUMERS ABOUT SMART DEVICES ACT.

       (a) Required Disclosure of a Camera or Recording Capability 
     in Certain Internet-connected Devices.--Each manufacturer of 
     a covered device shall disclose, clearly and conspicuously 
     and prior to purchase, whether the covered device 
     manufactured by the manufacturer contains a camera or 
     microphone as a component of the covered device.
       (b) Enforcement by the Federal Trade Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     subsection (a) 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)).
       (2) Actions by the commission.--
       (A) In general.--The Federal Trade Commission (in this 
     section referred to as the ``Commission'') shall enforce this 
     section 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 section.
       (B) Penalties and privileges.--Any person who violates this 
     section or a regulation promulgated under this section 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) Savings clause.--Nothing in this section shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (3) Commission guidance.--Not later than 180 days after the 
     date of enactment of this section, the Commission, through 
     outreach to relevant private entities, shall issue guidance 
     to assist manufacturers in complying with the requirements of 
     this section, including guidance about best practices for 
     making the disclosure required by subsection (a) as clear and 
     conspicuous and age appropriate as practicable and about best 
     practices for the use of a pictorial (as defined in section 
     2(a) of the Consumer Review Fairness Act of 2016 (15 U.S.C. 
     45b(a))) visual representation of the information to be 
     disclosed.
       (4) Tailored guidance.--A manufacturer of a covered device 
     may petition the Commission for tailored guidance as to how 
     to meet the requirements of subsection (a) consistent with 
     existing rules of practice or any successor rules.
       (5) Limitation on commission guidance.--No guidance issued 
     by the Commission with respect to this section 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 section, the Commission shall allege 
     a specific violation of a provision of this section. 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 practices 
     allegedly violate subsection (a).
       (c) Definition of Covered Device.--In this section, 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.
       (d) Effective Date.--This section 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 subsection (b)(3), and shall not apply to covered 
     devices manufactured or sold before such date, or otherwise 
     introduced into interstate commerce before such date.
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