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 ROCHESTER) introduced the following bill; 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 devices, exercise 

equipment, and home appliances, 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 ‘‘Greater Access and 

5 Independence through Nonvisual Access Technology Act 

6 of 2019’’ or the ‘‘GAIN Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Rapid advances in digital technology have 

2 led to increasingly complex user interfaces for every3 day products such as home use medical devices, 

4 home appliances, and exercise equipment. Many new 

5 devices in these categories utilize displays that can 

6 only be operated visually and require user inter7 action with on-screen menus and other interfaces 

8 that are inaccessible to consumers who are blind. 

9 (2) The use of interfaces which must be oper10 ated visually on exercise equipment such as tread11 mills and elliptical machines make these devices un12 usable by people who are blind. This lack of access 

13 is a potential threat to a blind person improving 

14 their health and a barrier to maintaining their phys15 ical well-being. 

16 (3) The use of interfaces which must be oper17 ated visually on home appliances such as laundry 

18 machines, dishwashers, and stoves make these de19 vices difficult, if not impossible, to use by people 

20 who are blind. This lack of access is a potential bar21 rier to independent living and overall quality of life. 

22 (4) Increasingly, home use medical devices are 

23 being utilized to lessen the cost of medical care for 

24 consumers. Devices such as blood pressure monitors, 

25 sleep apnea machines, and in-home chemotherapy 


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1 treatment devices generally lack nonvisual accessi2 bility. If a home use medical device is not accessible 

3 in a nonvisual manner, a blind person cannot use it 

4 efficiently and independently. The lack of nonvisual 

5 accessibility in these devices poses major health risks 

6 for blind consumers, including potentially life-threat7 ening consequences. 

8 (5) Screen access technology has become inex9 pensive and is in wider use than ever before. Many 

10 technology companies have incorporated screen ac11 cess technology functionalities into their products. 

12 Screen access technology is not the only mechanism 

13 by which home use medical devices, exercise equip14 ment, and home appliances can be made accessible 

15 to blind consumers. In some cases, tactile markings, 

16 audible tones, or cost-effective and widely available 

17 text-to-speech technology may be sufficient to make 

18 such devices fully accessible. Devices can be designed 

19 to work with nonvisual access technology used by the 

20 blind at little or no extra cost as long as such com21 patibility is taken into consideration at the begin22 ning of the design process. 

23 (6) Consumers who are blind must be able to 

24 operate home use medical devices, exercise equip25 ment, and home appliances in an equally effective 


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1 and equally integrated manner and with equivalent 

2 ease of use as consumers without disabilities. 

3 SEC. 3. MINIMUM NONVISUAL ACCESS STANDARD FOR COV4 ERED DEVICES. 

5 (a) IN GENERAL.—The Access Board shall promul6 gate a minimum nonvisual access standard for each type 

7 of covered device that will ensure nonvisual access to such 

8 respective device by blind consumers. 

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

10 standard shall apply to a covered device that is manufac11 tured after the date that is 24 months after the date on 

12 which such standard is promulgated. 

13 SEC. 4. RULEMAKING. 

14 (a) IN GENERAL.—The Architectural and Transpor15 tation Compliance Board established pursuant to section 

16 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) 

17 (in this Act referred to as the ‘‘Access Board’’) shall con18 duct a review of nonvisual accessibility standards for home 

19 use medical devices, home appliances, and exercise equip20 ment. 

21 (b) RESEARCH AND CONSULTATION.—In conducting 

22 the review required by subsection (a), the Access Board 

23 shall— 


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1 (1) review all available research on methods by 

2 which blind consumers can acquire nonvisual access 

3 to covered devices; 

4 (2) commission such additional research as the 

5 Access Board considers necessary to fulfill its re6 sponsibility under subsection (a) of this section; 

7 (3) consult with groups representing blind con8 sumers; and 

9 (4) consult with manufacturers of covered de10 vices and organizations that represent such manu11 facturers. 

12 (c) RULEMAKING REQUIRED.—Not later than 18 

13 months after the date of enactment of this Act, the Access 

14 Board shall initiate rulemaking pursuant to section 3(a). 

15 (d) FINAL RULE.—Not later than 36 months after 

16 the date of enactment of this Act, the Access Board shall 

17 issue the final rule. 

18 SEC. 5. ENFORCEMENT. 

19 (a) EDUCATION OF MANUFACTURERS.—The Access 

20 Board shall conduct training to educate manufacturers of 

21 covered devices about the minimum nonvisual access 

22 standard and compliance with such standard. 

23 (b) POWERS AND DUTIES.— 

24 (1) HOME USE MEDICAL DEVICES.—The Food 

25 and Drug Administration is responsible for overVerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929

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1 seeing the nonvisual access compliance of manufac2 turers who produce home use medical devices. 

3 (2) HOME APPLIANCES AND EXERCISE EQUIP4 MENT.—The Federal Trade Commission is respon5 sible for overseeing the nonvisual access compliance 

6 of manufacturers who produce home appliances and 

7 exercise equipment. 

8 (c) INVESTIGATIONS.— 

9 (1) COMPLAINTS.— 

10 (A) HOME USE MEDICAL DEVICE.—The 

11 Food and Drug Administration shall investigate 

12 each complaint regarding a home use medical 

13 device does not comply with the minimum non14 visual access standard applicable to such device 

15 and shall determine whether the device complies 

16 with such minimum nonvisual access standard. 

17 (B) HOME APPLIANCE OR PIECE OF EXER18 CISE EQUIPMENT.—The Federal Trade Com19 mission shall investigate each complaint regard20 ing a home appliance or piece of exercise equip21 ment does not comply with the minimum non22 visual access standard applicable to such appli23 ance or equipment and shall determine whether 

24 the appliance or equipment complies with such 

25 minimum nonvisual access standard. 


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1 (2) OTHER INVESTIGATIONS.—In addition to 

2 investigations under paragraph (1), the proper agen3 cy may conduct such other investigations considered 

4 appropriate to ensure compliance with the minimum 

5 nonvisual access standard set forth by the Access 

6 Board. 

7 (d) ENFORCEMENT ACTION.—If the proper agency 

8 determines that a manufacturer has manufactured or of9 fered for sale a covered device that does not comply with 

10 the minimum nonvisual access standard applicable to such 

11 covered device, the proper agency shall determine and levy 

12 a penalty pursuant to subsection (e). 

13 (e) CIVIL PENALTY.—The proper agency, if it is de14 termined that a violation has occurred, may assess a civil 

15 monetary penalty against such manufacturer in an 

16 amount not to exceed 10 percent of the retail value of the 

17 covered device involved for each noncompliant unit of such 

18 covered device manufactured. 

19 SEC. 6. PRIVATE RIGHT OF ACTION. 

20 (a) IN GENERAL.—A blind consumer who has an en21 counter with a covered device that does not comply with 

22 a minimum nonvisual access standard applicable to such 

23 covered device may, after notifying the proper agency of 

24 such encounter, commence a civil action against the manuVerDate Sep 11 2014 19:07 Aug 03, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929

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1 facturer of such covered device not later than 180 days 

2 after such encounter. 

3 (b) RELIEF.—If the court in a civil action com4 menced under subsection (a) of this section determines 

5 that the covered device involved is in violation of the min6 imum nonvisual access standard, the court may grant the 

7 following relief: 

8 (1) Monetary damages in an amount equal to 

9 the greater of $10,000 per violation per unit of such 

10 covered device. 

11 (2) Such equitable relief as the court considers 

12 appropriate, including temporary, preliminary, and 

13 permanent injunctive relief. 

14 (3) Reasonable attorneys’ fees. 

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

16 by the manufacturer, punitive damages. 

17 SEC. 7. RULE OF CONSTRUCTION. 

18 Nothing in this Act shall be construed to limit the 

19 rights of blind consumers under any other applicable law. 

20 SEC. 8. DEFINITIONS. 

21 In this Act, the following definitions apply: 

22 (1) ACCESS BOARD.—The term ‘‘Access Board’’ 

23 has the meaning given such term in section 502 of 

24 the Rehabilitation Act of 1973 (29 U.S.C. 792). 


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1 (2) BLIND CONSUMER.—The term ‘‘blind con2 sumer’’ means an individual whose vision— 

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

4 eye; 

5 (B) subtends an angle of not greater than 

6 20 degrees in the best corrected eye; or 

7 (C) is such that the individual cannot use 

8 a covered device without nonvisual means. 

9 (3) COVERED DEVICE.—The term ‘‘covered de10 vice’’ means a Home Use Medical Device, Exercise 

11 Equipment, or Home Appliance. 

12 (4) EXERCISE EQUIPMENT.—The term ‘‘exer13 cise equipment’’ means an exercise machine with an 

14 interactive user interface for use in residential or 

15 commercial settings. 

16 (5) HOME APPLIANCE.—The term ‘‘home appli17 ance’’ means an electric appliance that is designed 

18 for use in a residential setting. 

19 (6) HOME USE MEDICAL DEVICE.—The term 

20 ‘‘home use medical device’’ means a medical device 

21 intended for use in a residential setting, including 

22 devices intended for use in both residential and pro23 fessional healthcare facilities. 

24 (7) NONVISUAL ACCESS.—The term ‘‘nonvisual 

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


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1 functions of a device in an equally effective and 

2 equally integrated manner and with equivalent ease 

3 of use. 

4 (8) PROPER AGENCY.—The term ‘‘proper agen5 cy’’ means the respective agency who is responsible 

6 for overseeing specific categories of covered devices. 

Æ 


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