,i #aafth ,,congress #ast ,session ,h4 ,r4 #cibi ,,in ,,the ,,house ,,of ,,representatives ,july #bd1 #bjai ,ms4 ,schakowsky 7for herself1 ,mr4 ,de,saulnier1 and ,ms4 ,blunt ,rochester7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to direct the ,architectural and ,transportation ,barriers ,compliance ,board to develop a minimum nonvisual access standard for home use medical devices1 exercise equipment1 and home appliances1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,greater ,access and ,independence through ,nonvisual ,access ,technology ,act of #bjai or the ,,gain ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,rapid advances in digital technology have led to increasingly complex user interfaces for everyday products such as home use medical devices1 home appliances1 and exercise equipment4 ,many new devices in these categories utilize displays that can only be operated visually and require user interaction with on-screen menus and other interfaces that are inaccessible to consumers who are blind4 7#b7 ,the use of interfaces which must be operated visually on exercise equipment such as treadmills and elliptical machines make these devices unusable by people who are blind4 ,this lack of access is a potential threat to a blind person improving their health and a barrier to maintaining their physical well-being4 7#c7 ,the use of interfaces which must be operated visually on home appliances such as laundry machines1 dishwashers1 and stoves make these devices difficult1 if not impossible1 to use by people who are blind4 ,this lack of access is a potential barrier to independent living and overall quality of life4 7#d7 ,increasingly1 home use medical devices are being utilized to lessen the cost of medical care for consumers4 ,devices such as blood pressure monitors1 sleep apnea machines1 and in-home chemotherapy treatment devices generally lack nonvisual accessibility4 ,if a home use medical device is not accessible in a nonvisual manner1 a blind person cannot use it efficiently and independently4 ,the lack of nonvisual accessibility in these devices poses major health risks for blind consumers1 including potentially life-threatening consequences4 7#e7 ,screen access technology has become inexpensive and is in wider use than ever before4 ,many technology companies have incorporated screen access technology functionalities into their products4 ,screen access technology is not the only mechanism by which home use medical devices1 exercise equipment1 and home appliances can be made accessible to blind consumers4 ,in some cases1 tactile markings1 audible tones1 or cost-effective and widely available text-to-speech technology may be sufficient to make such devices fully accessible4 ,devices can be designed to work with nonvisual access technology used by the blind at little or no extra cost as long as such compatibility is taken into consideration at the beginning of the design process4 7#f7 ,consumers who are blind must be able to operate home use medical devices1 exercise equipment1 and home appliances in an equally effective and equally integrated manner and with equivalent ease of use as consumers without disabilities4 #c4 ,minimum nonvisual access standard for covered devices 7a7 ,in general ,the ,access ,board shall promulgate a minimum nonvisual access standard for each type of covered device that will ensure nonvisual access to such respective device by blind consumers4 7b7 ,effective date ,a minimum nonvisual access standard shall apply to a covered device that is manufactured after the date that is #bd months after the date on which such standard is promulgated4 #d4 ,rulemaking 7a7 ,in general ,the ,architectural and ,transportation ,compliance ,board established pursuant to section #ejb of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib7 7in this ,act referred to as the ,access ,board7 shall conduct a review of nonvisual accessibility standards for home use medical devices1 home appliances1 and exercise equipment4 7b7 ,research and consultation ,in conducting the review required by subsection 7a71 the ,access ,board shall-- 7#a7 review all available research on methods by which blind consumers can acquire nonvisual access to covered devices2 7#b7 commission such additional research as the ,access ,board considers necessary to fulfill its responsibility under subsection 7a7 of this section2 7#c7 consult with groups representing blind consumers2 and 7#d7 consult with manufacturers of covered devices and organizations that represent such manufacturers4 7c7 ,rulemaking required ,not later than #ah months after the date of enactment of this ,act1 the ,access ,board shall initiate rulemaking pursuant to section #c7;a74 7d7 ,final rule ,not later than #cf months after the date of enactment of this ,act1 the ,access ,board shall issue the final rule4 #e4 ,enforcement 7a7 ,education of manufacturers ,the ,access ,board shall conduct training to educate manufacturers of covered devices about the minimum nonvisual access standard and compliance with such standard4 7b7 ,powers and duties 7#a7 ,home use medical devices ,the ,food and ,drug ,administration is responsible for overseeing the nonvisual access compliance of manufacturers who produce home use medical devices4 7#b7 ,home appliances and exercise equipment ,the ,federal ,trade ,commission is responsible for overseeing the nonvisual access compliance of manufacturers who produce home appliances and exercise equipment4 7c7 ,investigations 7#a7 ,complaints 7,a7 ,home use medical device ,the ,food and ,drug ,administration shall investigate each complaint regarding a home use medical device does not comply with the minimum nonvisual access standard applicable to such device and shall determine whether the device complies with such minimum nonvisual access standard4 7,b7 ,home appliance or piece of exercise equipment ,the ,federal ,trade ,commission shall investigate each complaint regarding a home appliance or piece of exercise equipment does not comply with the minimum nonvisual access standard applicable to such appliance or equipment and shall determine whether the appliance or equipment complies with such minimum nonvisual access standard4 7#b7 ,other investigations ,in addition to investigations under paragraph 7#a71 the proper agency may conduct such other investigations considered appropriate to ensure compliance with the minimum nonvisual access standard set forth by the ,access ,board4 7d7 ,enforcement action ,if the proper agency determines that a manufacturer has manufactured or offered for sale a covered device that does not comply with the minimum nonvisual access standard applicable to such covered device1 the proper agency shall determine and levy a penalty pursuant to subsection 7e74 7e7 ,civil penalty ,the proper agency1 if it is determined that a violation has occurred1 may assess a civil monetary penalty against such manufacturer in an amount not to exceed #aj percent of the retail value of the covered device involved for each noncompliant unit of such covered device manufactured4 #f4 ,private right of action 7a7 ,in general ,a blind consumer who has an encounter with a covered device that does not comply with a minimum nonvisual access standard applicable to such covered device may1 after notifying the proper agency of such encounter1 commence a civil action against the manufacturer of such covered device not later than #ahj days after such encounter4 7b7 ,relief ,if the court in a civil action commenced under subsection 7a7 of this section determines that the covered device involved is in violation of the minimum nonvisual access standard1 the court may grant the following relief3 7#a7 ,monetary damages in an amount equal to the greater of #aj1jjj per violation per unit of such covered device4 7#b7 ,such equitable relief as the court considers appropriate1 including temporary1 preliminary1 and permanent injunctive relief4 7#c7 ,reasonable attorneys' fees4 7#d7 ,in the case of willful or repeated violations by the manufacturer1 punitive damages4 #g4 ,rule of construction ,nothing in this ,act shall be construed to limit the rights of blind consumers under any other applicable law4 #h4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,access ,board ,the term ,access ,board has the meaning given such term in section #ejb of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib74 7#b7 ,blind consumer ,the term blind consumer means an individual whose vision-- 7,a7 is #bj_/bjj or less in the best corrected eye2 7,b7 subtends an angle of not greater than #bj degrees in the best corrected eye2 or 7,c7 is such that the individual cannot use a covered device without nonvisual means4 7#c7 ,covered device ,the term covered device means a ,home ,use ,medical ,device1 ,exercise ,equipment1 or ,home ,appliance4 7#d7 ,exercise equipment ,the term exercise equipment means an exercise machine with an interactive user interface for use in residential or commercial settings4 7#e7 ,home appliance ,the term home appliance means an electric appliance that is designed for use in a residential setting4 7#f7 ,home use medical device ,the term home use medical device means a medical device intended for use in a residential setting1 including devices intended for use in both residential and professional healthcare facilities4 7#g7 ,nonvisual access ,the term nonvisual access means the ability of an individual to use all functions of a device in an equally effective and equally integrated manner and with equivalent ease of use4 7#h7 ,proper agency ,the term proper agency means the respective agency who is responsible for overseeing specific categories of covered devices4