(2) OTHER
INVESTIGATIONS.—In addition to 
investigations under paragraph (1), the proper agen-
cy may conduct such other investigations considered 
appropriate to ensure compliance with the minimum 
nonvisual access standard set forth by the Access 
Board. 
(d) ENFORCEMENT ACTION.—If the proper agency 
determines that a manufacturer has manufactured or of-
fered for sale a covered device that does not comply with 
the minimum nonvisual access standard applicable to such 
covered device, the proper agency shall determine and levy 
a penalty pursuant to subsection (e). 
(e) CIVIL PENALTY.—The proper agency, if it is de-
termined that a violation has occurred, may assess a civil 
monetary penalty against such manufacturer in an 
amount not to exceed 10 percent of the retail value of the 
covered device involved for each noncompliant unit of such 
covered device manufactured. 
SEC. 6. PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—A blind consumer who has an en-
counter with a covered device that does not comply with 
a minimum nonvisual access standard applicable to such 
covered device may, after notifying the proper agency of 
such encounter, commence a civil action against the manu-
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
facturer of such covered device not later than 180 days 
after such encounter. 
(b) RELIEF.—If the court in a civil action com-
menced under subsection (a) of this section determines 
that the covered device involved is in violation of the min-
imum nonvisual access standard, the court may grant the 
following relief: 
(1) Monetary damages in an amount equal to 
the greater of $10,000 per violation per unit of such 
covered device. 
(2) Such equitable relief as the court considers 
appropriate, including temporary, preliminary, and 
permanent injunctive relief. 
(3) Reasonable attorneys’ fees. 
(4) In the case of willful or repeated violations 
by the manufacturer, punitive damages. 
SEC. 7. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to limit the 
rights of blind consumers under any other applicable law. 
SEC. 8. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) ACCESS BOARD.—The term ‘‘Access Board’’ 
has the meaning given such term in section 502 of 
the Rehabilitation Act of 1973 (29 U.S.C. 792). 
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
(2) BLIND CONSUMER.—The term ‘‘blind con-
sumer’’ means an individual whose vision— 
(A) is 20/200 or less in the best corrected 
eye; 
(B) subtends an angle of not greater than 
20 degrees in the best corrected eye; or 
(C) is such that the individual cannot use 
a covered device without nonvisual means. 
(3) COVERED DEVICE.—The term ‘‘covered de-
vice’’ means a Home Use Medical Device, Exercise 
Equipment, or Home Appliance. 
(4) EXERCISE EQUIPMENT.—The term ‘‘exer-
cise equipment’’ means an exercise machine with an 
interactive user interface for use in residential or 
commercial settings. 
(5) HOME APPLIANCE.—The term ‘‘home appli-
ance’’ means an electric appliance that is designed 
for use in a residential setting. 
(6) HOME USE MEDICAL DEVICE.—The term 
‘‘home use medical device’’ means a medical device 
intended for use in a residential setting, including 
devices intended for use in both residential and pro-
fessional healthcare facilities. 
(7) NONVISUAL ACCESS.—The term ‘‘nonvisual 
access’’ means the ability of an individual to use all 
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
functions of a device in an equally effective and 
equally integrated manner and with equivalent ease 
of use. 
(8) PROPER AGENCY.—The term ‘‘proper agen-
cy’’ means the respective agency who is responsible 
for overseeing specific categories of covered devices. 
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