S.Amdt. 188

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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