GAIN Act

I 116TH CONGRESS 1ST SESSION H. R. 3929 To direct the Architectural and Transportation Barriers Compliance Board to develop a minimum nonvisual access standard for home use medical devices, exercise equipment, and home appliances, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 24, 2019 Ms. SCHAKOWSKY (for herself, Mr. DESAULNIER, and Ms. BLUNT ROCH- ESTER) introduced the following bill; which was referred to the Com- mittee on Energy and Commerce A BILL To direct the Architectural and Transportation Barriers Compliance Board to develop a minimum nonvisual ac- cess standard for home use medical devices, exercise equipment, and home appliances, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Greater Access and 4 Independence through Nonvisual Access Technology Act 5 of 2019’’ or the ‘‘GAIN Act’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 VerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 Pbinns on DSK79D2C42PROD with BILLS 2 •HR 3929 IH (1) Rapid advances in digital technology have 1 led to increasingly complex user interfaces for every- 2 day products such as home use medical devices, 3 home appliances, and exercise equipment. Many new 4 devices in these categories utilize displays that can 5 only be operated visually and require user inter- 6 action with on-screen menus and other interfaces 7 that are inaccessible to consumers who are blind. 8 (2) The use of interfaces which must be oper- 9 ated visually on exercise equipment such as tread- 10 mills and elliptical machines make these devices un- 11 usable by people who are blind. This lack of access 12 is a potential threat to a blind person improving 13 their health and a barrier to maintaining their phys- 14 ical well-being. 15 (3) The use of interfaces which must be oper- 16 ated visually on home appliances such as laundry 17 machines, dishwashers, and stoves make these de- 18 vices difficult, if not impossible, to use by people 19 who are blind. This lack of access is a potential bar- 20 rier to independent living and overall quality of life. 21 (4) Increasingly, home use medical devices are 22 being utilized to lessen the cost of medical care for 23 consumers. Devices such as blood pressure monitors, 24 sleep apnea machines, and in-home chemotherapy 25 VerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 Pbinns on DSK79D2C42PROD with BILLS 3 •HR 3929 IH treatment devices generally lack nonvisual accessi- 1 bility. If a home use medical device is not accessible 2 in a nonvisual manner, a blind person cannot use it 3 efficiently and independently. The lack of nonvisual 4 accessibility in these devices poses major health risks 5 for blind consumers, including potentially life-threat- 6 ening consequences. 7 (5) Screen access technology has become inex- 8 pensive and is in wider use than ever before. Many 9 technology companies have incorporated screen ac- 10 cess technology functionalities into their products. 11 Screen access technology is not the only mechanism 12 by which home use medical devices, exercise equip- 13 ment, and home appliances can be made accessible 14 to blind consumers. In some cases, tactile markings, 15 audible tones, or cost-effective and widely available 16 text-to-speech technology may be sufficient to make 17 such devices fully accessible. Devices can be designed 18 to work with nonvisual access technology used by the 19 blind at little or no extra cost as long as such com- 20 patibility is taken into consideration at the begin- 21 ning of the design process. 22 (6) Consumers who are blind must be able to 23 operate home use medical devices, exercise equip- 24 ment, and home appliances in an equally effective 25 VerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 Pbinns on DSK79D2C42PROD with BILLS 4 •HR 3929 IH and equally integrated manner and with equivalent 1 ease of use as consumers without disabilities. 2 SEC. 3. MINIMUM NONVISUAL ACCESS STANDARD FOR COV- 3 ERED DEVICES. 4 (a) IN GENERAL.—The Access Board shall promul- 5 gate a minimum nonvisual access standard for each type 6 of covered device that will ensure nonvisual access to such 7 respective device by blind consumers. 8 (b) EFFECTIVE DATE.—A minimum nonvisual access 9 standard shall apply to a covered device that is manufac- 10 tured after the date that is 24 months after the date on 11 which such standard is promulgated. 12 SEC. 4. RULEMAKING. 13 (a) IN GENERAL.—The Architectural and Transpor- 14 tation Compliance Board established pursuant to section 15 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) 16 (in this Act referred to as the ‘‘Access Board’’) shall con- 17 duct a review of nonvisual accessibility standards for home 18 use medical devices, home appliances, and exercise equip- 19 ment. 20 (b) RESEARCH AND CONSULTATION.—In conducting 21 the review required by subsection (a), the Access Board 22 shall— 23 VerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 Pbinns on DSK79D2C42PROD with BILLS 5 •HR 3929 IH (1) review all available research on methods by 1 which blind consumers can acquire nonvisual access 2 to covered devices; 3 (2) commission such additional research as the 4 Access Board considers necessary to fulfill its re- 5 sponsibility under subsection (a) of this section; 6 (3) consult with groups representing blind con- 7 sumers; and 8 (4) consult with manufacturers of covered de- 9 vices and organizations that represent such manu- 10 facturers. 11 (c) RULEMAKING REQUIRED.—Not later than 18 12 months after the date of enactment of this Act, the Access 13 Board shall initiate rulemaking pursuant to section 3(a). 14 (d) FINAL RULE.—Not later than 36 months after 15 the date of enactment of this Act, the Access Board shall 16 issue the final rule. 17 SEC. 5. ENFORCEMENT. 18 (a) EDUCATION OF MANUFACTURERS.—The Access 19 Board shall conduct training to educate manufacturers of 20 covered devices about the minimum nonvisual access 21 standard and compliance with such standard. 22 (b) POWERS AND DUTIES.— 23 (1) HOME USE MEDICAL DEVICES.—The Food 24 and Drug Administration is responsible for over- 25 VerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 Pbinns on DSK79D2C42PROD with BILLS 6 •HR 3929 IH seeing the nonvisual access compliance of manufac- 1 turers who produce home use medical devices. 2 (2) HOME APPLIANCES AND EXERCISE EQUIP- 3 MENT.—The Federal Trade Commission is respon- 4 sible for overseeing the nonvisual access compliance 5 of manufacturers who produce home appliances and 6 exercise equipment. 7 (c) INVESTIGATIONS.— 8 (1) COMPLAINTS.— 9 (A) HOME USE MEDICAL DEVICE.—The 10 Food and Drug Administration shall investigate 11 each complaint regarding a home use medical 12 device does not comply with the minimum non- 13 visual access standard applicable to such device 14 and shall determine whether the device complies 15 with such minimum nonvisual access standard. 16 (B) HOME APPLIANCE OR PIECE OF EXER- 17 CISE EQUIPMENT.—The Federal Trade Com- 18 mission shall investigate each complaint regard- 19 ing a home appliance or piece of exercise equip- 20 ment does not comply with the minimum non- 21 visual access standard applicable to such appli- 22 ance or equipment and shall determine whether 23 the appliance or equipment complies with such 24 minimum nonvisual access standard. 25 VerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 Pbinns on DSK79D2C42PROD with BILLS 7 •HR 3929 IH (2) OTHER INVESTIGATIONS.—In addition to 1 investigations under paragraph (1), the proper agen- 2 cy may conduct such other investigations considered 3 appropriate to ensure compliance with the minimum 4 nonvisual access standard set forth by the Access 5 Board. 6 (d) ENFORCEMENT ACTION.—If the proper agency 7 determines that a manufacturer has manufactured or of- 8 fered for sale a covered device that does not comply with 9 the minimum nonvisual access standard applicable to such 10 covered device, the proper agency shall determine and levy 11 a penalty pursuant to subsection (e). 12 (e) CIVIL PENALTY.—The proper agency, if it is de- 13 termined that a violation has occurred, may assess a civil 14 monetary penalty against such manufacturer in an 15 amount not to exceed 10 percent of the retail value of the 16 covered device involved for each noncompliant unit of such 17 covered device manufactured. 18 SEC. 6. PRIVATE RIGHT OF ACTION. 19 (a) IN GENERAL.—A blind consumer who has an en- 20 counter with a covered device that does not comply with 21 a minimum nonvisual access standard applicable to such 22 covered device may, after notifying the proper agency of 23 such encounter, commence a civil action against the manu- 24 VerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 Pbinns on DSK79D2C42PROD with BILLS 8 •HR 3929 IH facturer of such covered device not later than 180 days 1 after such encounter. 2 (b) RELIEF.—If the court in a civil action com- 3 menced under subsection (a) of this section determines 4 that the covered device involved is in violation of the min- 5 imum nonvisual access standard, the court may grant the 6 following relief: 7 (1) Monetary damages in an amount equal to 8 the greater of $10,000 per violation per unit of such 9 covered device. 10 (2) Such equitable relief as the court considers 11 appropriate, including temporary, preliminary, and 12 permanent injunctive relief. 13 (3) Reasonable attorneys’ fees. 14 (4) In the case of willful or repeated violations 15 by the manufacturer, punitive damages. 16 SEC. 7. RULE OF CONSTRUCTION. 17 Nothing in this Act shall be construed to limit the 18 rights of blind consumers under any other applicable law. 19 SEC. 8. DEFINITIONS. 20 In this Act, the following definitions apply: 21 (1) ACCESS BOARD.—The term ‘‘Access Board’’ 22 has the meaning given such term in section 502 of 23 the Rehabilitation Act of 1973 (29 U.S.C. 792). 24 VerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 Pbinns on DSK79D2C42PROD with BILLS 9 •HR 3929 IH (2) BLIND CONSUMER.—The term ‘‘blind con- 1 sumer’’ means an individual whose vision— 2 (A) is 20/200 or less in the best corrected 3 eye; 4 (B) subtends an angle of not greater than 5 20 degrees in the best corrected eye; or 6 (C) is such that the individual cannot use 7 a covered device without nonvisual means. 8 (3) COVERED DEVICE.—The term ‘‘covered de- 9 vice’’ means a Home Use Medical Device, Exercise 10 Equipment, or Home Appliance. 11 (4) EXERCISE EQUIPMENT.—The term ‘‘exer- 12 cise equipment’’ means an exercise machine with an 13 interactive user interface for use in residential or 14 commercial settings. 15 (5) HOME APPLIANCE.—The term ‘‘home appli- 16 ance’’ means an electric appliance that is designed 17 for use in a residential setting. 18 (6) HOME USE MEDICAL DEVICE.—The term 19 ‘‘home use medical device’’ means a medical device 20 intended for use in a residential setting, including 21 devices intended for use in both residential and pro- 22 fessional healthcare facilities. 23 (7) NONVISUAL ACCESS.—The term ‘‘nonvisual 24 access’’ means the ability of an individual to use all 25 VerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 Pbinns on DSK79D2C42PROD with BILLS 10 •HR 3929 IH functions of a device in an equally effective and 1 equally integrated manner and with equivalent ease 2 of use. 3 (8) PROPER AGENCY.—The term ‘‘proper agen- 4 cy’’ means the respective agency who is responsible 5 for overseeing specific categories of covered devices. 6 Æ VerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H3929.IH H3929 Pbinns on DSK79D2C42PROD with BILLS