HR 4081 RFS
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 RECORD-
ING CAPABILITY IN CERTAIN INTERNET-CON-
NECTED DEVICES. 
Each manufacturer of a covered device shall disclose 
whether the covered device manufactured by the manufac-
turer contains a camera or microphone as a component 
of the covered device. 
SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-
SION. 
(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 pre-
scribed 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 Commis-
sion 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 incor-
porated into and made a part of this Act. 
VerDate Sep 11 2014 
01:51 Oct 12, 2022
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4081.RFS
H4081
kjohnson on DSK79L0C42PROD with BILLS
HR 4081 RFS
(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 Commis-
sion, 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 sec-
tion 2 as clear and conspicuous as practicable. 
(d) TAILORED GUIDANCE.—A manufacturer of a cov-
ered device may petition the Commission for tailored guid-
ance 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 local-
ity, nor shall operate to bind the Commission or any per-
son 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 
VerDate Sep 11 2014 
01:51 Oct 12, 2022
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4081.RFS
H4081
kjohnson on DSK79L0C42PROD with BILLS
HR 4081 RFS
that are alleged to be inconsistent with any such guide-
lines, unless the Commission determines such practices ex-
pressly 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 Communica-
tions Act of 1934 (47 U.S.C. 255; 617; 619; 
and 303(aa) and (bb)), and any regulations 
promulgated thereunder. 
VerDate Sep 11 2014 
01:51 Oct 12, 2022
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4081.RFS
H4081
kjohnson on DSK79L0C42PROD with BILLS
HR 4081 RFS
SEC. 5. EFFECTIVE DATE. 
This Act shall apply to all 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 devices manufactured or sold before such 
date, or otherwise introduced into interstate commerce be-
fore 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, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives September 29, 
2022. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
VerDate Sep 11 2014 
01:51 Oct 12, 2022
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4081.RFS
H4081
kjohnson on DSK79L0C42PROD with BILLS