I 

111TH CONGRESS 

2D SESSION H. R. 4533 

To provide for a study and report on access by blind consumers to certain 

electronic devices and to provide for the establishment of minimum nonvisual access standards for such devices and for the establishment of 

an office within the Department of Commerce to enforce such standards, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2010 

Ms. SCHAKOWSKY introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To provide for a study and report on access by blind consumers to certain electronic devices and to provide for 

the establishment of minimum nonvisual access standards for such devices and for the establishment of an 

office within the Department of Commerce to enforce 

such standards, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Technology Bill of 

5 Rights for the Blind Act of 2010’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Rapid advances in microchip and digital 

4 technology have led to increasingly complex user 

5 interfaces for everyday products like consumer elec6 tronic devices, home appliances, and office tech7 nology devices. Many new devices in these categories 

8 require user interaction with visual displays, on9 screen menus, touch screens, and other interfaces 

10 that are inaccessible to blind or low-vision individ11 uals. Rarely, for example, are settings on televisions, 

12 home stereo systems, or dishwashers controlled by 

13 knobs, switches, or buttons that can be readily iden14 tified and whose settings can be easily discerned 

15 with or without the addition of tactile markings by 

16 the consumer. 

17 (2) The use of inaccessible interfaces on office 

18 equipment such as copiers and fax machines makes 

19 these devices unusable by the blind, and many office 

20 software packages are either substantially or totally 

21 inaccessible to blind people who use assistive tech22 nology. This lack of access is a potential threat to 

23 a blind person’s existing job and a barrier to obtain24 ing a new job. 

25 (3) Increasingly, electronic kiosks are being 

26 used to sell consumer goods and services, including 


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1 tickets for public transit and air transportation, and 

2 to provide important public information. If a kiosk 

3 is not accessible in a nonvisual manner, a blind per4 son has no way to make a purchase, check in for a 

5 flight, or access important public information. 

6 (4) This growing threat to the independence 

7 and productivity of blind people is unnecessary be8 cause electronic devices can easily be constructed 

9 with user interfaces that are not exclusively visual. 

10 Text-to-speech technology has become inexpensive 

11 and is in wider use than ever before. It is used in 

12 everything from automated telephone systems to 

13 weather broadcasts by the National Oceanic and At14 mospheric Administration. Additionally, office soft15 ware can be designed to work with screen access 

16 technology used by the blind at little or no extra cost 

17 as long as such compatibility is taken into consider18 ation at the beginning of the design process. 

19 (5) Some manufacturers have incorporated non20 visual technology into their products by creating 

21 talking menus or enabling them to articulate the 

22 content on the display, a practice that makes such 

23 products more usable by all consumers, whether 

24 blind or sighted. For example, Apple, Inc., has incorVerDate Nov 24 2008 21:29 Jan 28, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4533.IH H4533

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1 porated innovative nonvisual interfaces into the lat2 est versions of its iPhone and iPod product lines. 

3 (6) There is no reason why all manufacturers 

4 cannot produce electronic devices fully accessible to 

5 blind and low-vision individuals. 

6 (7) Text-to-speech technology is not the only 

7 mechanism by which consumer electronic devices, 

8 electronic kiosks, home appliances, and office tech9 nology devices can be made accessible to blind and 

10 low-vision individuals. In some cases, tactile mark11 ings or audible tones may be sufficient to make such 

12 devices fully accessible. 

13 (8) Blind and low-vision individuals should be 

14 able to obtain and operate consumer electronic de15 vices, electronic kiosks, home appliances, and office 

16 technology devices with the same ease as those with 

17 normal vision. 

18 SEC. 3. STUDY AND REPORT ON ACCESS TO COVERED DE19 VICES BY BLIND CONSUMERS. 

20 (a) IN GENERAL.—The Secretary shall conduct a 

21 study on methods by which blind consumers can gain non22 visual access to covered devices. 

23 (b) RESEARCH AND CONSULTATION.—In conducting 

24 the study required by subsection (a), the Secretary shall— 


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1 (1) review all available research on methods by 

2 which blind consumers can gain nonvisual access to 

3 covered devices; 

4 (2) commission such additional research as the 

5 Secretary considers necessary; 

6 (3) consult with groups representing blind con7 sumers; and 

8 (4) consult with manufacturers of covered de9 vices and organizations that represent such manu10 facturers. 

11 (c) REPORT.—Not later than 2 years after the date 

12 of the enactment of this Act, the Secretary shall submit 

13 to Congress a report on the findings of the study required 

14 by subsection (a). 

15 SEC. 4. MINIMUM NONVISUAL ACCESS STANDARDS FOR 

16 COVERED DEVICES. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 submission of the report under section 3(c), the Secretary 

19 shall promulgate a minimum nonvisual access standard for 

20 each type of covered device that will ensure nonvisual ac21 cess to such respective type of device by blind consumers. 

22 (b) EFFECTIVE DATE.—A minimum nonvisual access 

23 standard shall apply to a covered device that is manufac24 tured after the date that is 2 years after the date on which 

25 such standard is promulgated. 


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1 SEC. 5. OFFICE OF NONVISUAL ACCESS COMPLIANCE. 

2 (a) ESTABLISHMENT.—As soon as practicable but 

3 not later than 2 years after the date of the enactment of 

4 this Act, the Secretary shall establish an Office of Non5 visual Access Compliance. The head of the Office shall be 

6 the Director of the Office of Nonvisual Access Compliance. 

7 (b) POWERS AND DUTIES.— 

8 (1) ASSISTANCE TO SECRETARY.—The Director 

9 and appropriate staff of the Office shall assist the 

10 Secretary in— 

11 (A) conducting the study required by sec12 tion 3(a) and preparing the report required by 

13 section 3(c) (if the Director and staff have been 

14 appointed by the time period involved); and 

15 (B) developing the minimum nonvisual ac16 cess standards. 

17 (2) EDUCATION OF MANUFACTURERS.—The 

18 Secretary, acting through the Director, shall educate 

19 manufacturers of covered devices about the min20 imum nonvisual access standards and compliance 

21 with such standards. 

22 (3) INVESTIGATIONS.— 

23 (A) COMPLAINTS.—The Secretary, acting 

24 through the Director, shall investigate each 

25 complaint that a covered device does not comply 

26 with a minimum nonvisual access standard apVerDate Nov 24 2008 21:29 Jan 28, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4533.IH H4533

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1 plicable to such covered device and shall deter2 mine whether such covered device complies with 

3 such minimum nonvisual access standard. 

4 (B) INITIATION BY OFFICE.—In addition 

5 to investigations under subparagraph (A), the 

6 Secretary, acting through the Director, may 

7 conduct such other investigations as the Sec8 retary, acting through the Director, considers 

9 appropriate to ensure compliance with the min10 imum nonvisual access standards. 

11 (4) ENFORCEMENT.— 

12 (A) IN GENERAL.—If the Secretary, acting 

13 through the Director, determines that a manu14 facturer has manufactured for sale or offered 

15 for sale a covered device that does not comply 

16 with a minimum nonvisual access standard ap17 plicable to such covered device, the Secretary, 

18 acting through the Director, shall take enforce19 ment action under subparagraph (B) or (C). 

20 (B) NOTICE AND OPPORTUNITY TO COR21 RECT VIOLATION; CIVIL PENALTY.— 

22 (i) NOTICE AND OPPORTUNITY TO

23 CORRECT VIOLATION.—Upon making the 

24 determination described in subparagraph 

25 (A) and unless the Secretary, acting 


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1 through the Director, takes the action de2 scribed in subparagraph (C), the Sec3 retary, acting through the Director, shall 

4 notify the manufacturer involved of the 

5 violation and the time period within which 

6 such violation must be corrected in order 

7 to avoid a civil monetary penalty, if any. 

8 (ii) CIVIL PENALTY.—If the notice 

9 given under clause (i) includes a time pe10 riod within which the violation must be 

11 corrected and the manufacturer has not 

12 corrected the violation within such time pe13 riod, the Secretary, acting through the Di14 rector, may assess a civil monetary penalty 

15 against such manufacturer in an amount 

16 that is not less than 10 percent of the re17 tail value of the covered device involved for 

18 each noncompliant unit of such covered de19 vice manufactured. 

20 (C) IMMEDIATE CIVIL PENALTY.—Upon 

21 making the determination described in subpara22 graph (A), the Secretary, acting through the 

23 Director, may, in an appropriate case, without 

24 first providing the manufacturer involved with 

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1 tion under subparagraph (B), assess a civil 

2 monetary penalty against such manufacturer in 

3 an amount that is not less than 10 percent of 

4 the retail value of the covered device involved 

5 for each noncompliant unit of such covered de6 vice manufactured. 

7 SEC. 6. PRIVATE RIGHT OF ACTION. 

8 (a) IN GENERAL.—A blind consumer who has an en9 counter with a covered device that does not comply with 

10 a minimum nonvisual access standard applicable to such 

11 covered device may, after notifying the Office of such en12 counter, commence a civil action against the manufacturer 

13 of such covered device not later than 180 days after such 

14 encounter. 

15 (b) RELIEF.—If the court in a civil action com16 menced under subsection (a) determines that the covered 

17 device involved is in violation of a minimum nonvisual ac18 cess standard, the court may grant the following relief: 

19 (1) Monetary damages in an amount equal to 

20 the greater of— 

21 (A) $10,000 per encounter per unit of such 

22 covered device; or 

23 (B) in the case of a blind consumer who 

24 loses an employment opportunity because of an 

25 encounter with an office technology device that 


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1 does not comply with a minimum nonvisual ac2 cess standard applicable to such office tech3 nology device, the value of such employment op4 portunity. 

5 (2) Such equitable relief as the court considers 

6 appropriate, including temporary, preliminary, and 

7 permanent injunctive relief. 

8 (3) Reasonable attorneys’ fees. 

9 (4) In the case of willful or repeated violations 

10 by the manufacturer, punitive damages. 

11 SEC. 7. RULE OF CONSTRUCTION. 

12 Nothing in this Act shall be construed to limit the 

13 rights of blind or low-vision individuals under other law. 

14 SEC. 8. DEFINITIONS. 

15 In this Act, the following definitions apply: 

16 (1) BLIND CONSUMER.—The term ‘‘blind con17 sumer’’ means an individual whose vision— 

18 (A) is 20/200 or less in the best corrected 

19 eye; 

20 (B) subtends an angle of not greater than 

21 20 degrees in the best corrected eye; or 

22 (C) is such that the individual cannot use 

23 a covered device without some form of nonvisual 

24 assistance. 


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1 (2) CONSUMER ELECTRONIC DEVICE.—The 

2 term ‘‘consumer electronic device’’ means an elec3 tronic device designed primarily for use by the ulti4 mate consumer. 

5 (3) COVERED DEVICE.—The term ‘‘covered de6 vice’’ means a consumer electronic device, electronic 

7 kiosk, home appliance, or office technology device 

8 that is manufactured for sale in the United States 

9 after the date that is 2 years after the date of the 

10 promulgation of a minimum nonvisual access stand11 ard applicable to such consumer electronic device, 

12 electronic kiosk, home appliance, or office technology 

13 device. 

14 (4) DIRECTOR.—The term ‘‘Director’’ means 

15 the Director of the Office of Nonvisual Access Com16 pliance. 

17 (5) ELECTRONIC KIOSK.—The term ‘‘electronic 

18 kiosk’’ means an electronic device with an interactive 

19 user interface that is designed to— 

20 (A) sell consumer goods and services, in21 cluding passage on transportation, to the pub22 lic; or 

23 (B) convey information to the public. 

24 (6) ENCOUNTER.—The term ‘‘encounter’’ 

25 means— 


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1 (A) with respect to a consumer electronic 

2 device or home appliance, the purchase or use 

3 or attempted use of such item by a blind con4 sumer; and 

5 (B) with respect to an electronic kiosk or 

6 office technology device, the use or attempted 

7 use of such electronic kiosk or office technology 

8 device by a blind consumer. 

9 (7) HOME APPLIANCE.—The term ‘‘home appli10 ance’’ means an electric appliance that is designed 

11 for use in a residential setting. 

12 (8) MINIMUM NONVISUAL ACCESS STANDARD.— 

13 The term ‘‘minimum nonvisual access standard’’ 

14 means a minimum nonvisual access standard pro15 mulgated under section 4(a). 

16 (9) NONVISUAL ACCESS.—The term ‘‘nonvisual 

17 access’’ means the ability of an individual to use all 

18 functions of a device without reliance on eyesight. 

19 (10) OFFICE.—The term ‘‘Office’’ means the 

20 Office of Nonvisual Access Compliance established 

21 under section 5(a). 

22 (11) OFFICE TECHNOLOGY DEVICE.—The term 

23 ‘‘office technology device’’ means an electric device 

24 or computer software application that is designed for 

25 use in an office setting. 


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1 (12) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Commerce. 

Æ 


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