SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Rapid advances in microchip and digital 
technology have led to increasingly complex user 
interfaces for everyday products like consumer elec-
tronic devices, home appliances, and office tech-
nology devices. Many new devices in these categories 
require user interaction with visual displays, on- 
screen menus, touch screens, and other interfaces 
that are inaccessible to blind or low-vision individ-
uals. Rarely, for example, are settings on televisions, 
home stereo systems, or dishwashers controlled by 
knobs, switches, or buttons that can be readily iden-
tified and whose settings can be easily discerned 
with or without the addition of tactile markings by 
the consumer. 
(2) The use of inaccessible interfaces on office 
equipment such as copiers and fax machines makes 
these devices unusable by the blind, and many office 
software packages are either substantially or totally 
inaccessible to blind people who use assistive tech-
nology. This lack of access is a potential threat to 
a blind person’s existing job and a barrier to obtain-
ing a new job. 
(3) Increasingly, electronic kiosks are being 
used to sell consumer goods and services, including 
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tickets for public transit and air transportation, and 
to provide important public information. If a kiosk 
is not accessible in a nonvisual manner, a blind per-
son has no way to make a purchase, check in for a 
flight, or access important public information. 
(4) This growing threat to the independence 
and productivity of blind people is unnecessary be-
cause electronic devices can easily be constructed 
with user interfaces that are not exclusively visual. 
Text-to-speech technology has become inexpensive 
and is in wider use than ever before. It is used in 
everything from automated telephone systems to 
weather broadcasts by the National Oceanic and At-
mospheric Administration. Additionally, office soft-
ware can be designed to work with screen access 
technology used by the blind at little or no extra cost 
as long as such compatibility is taken into consider-
ation at the beginning of the design process. 
(5) Some manufacturers have incorporated non-
visual technology into their products by creating 
talking menus or enabling them to articulate the 
content on the display, a practice that makes such 
products more usable by all consumers, whether 
blind or sighted. For example, Apple, Inc., has incor-
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porated innovative nonvisual interfaces into the lat-
est versions of its iPhone and iPod product lines. 
(6) There is no reason why all manufacturers 
cannot produce electronic devices fully accessible to 
blind and low-vision individuals. 
(7) Text-to-speech technology is not the only 
mechanism by which consumer electronic devices, 
electronic kiosks, home appliances, and office tech-
nology devices can be made accessible to blind and 
low-vision individuals. In some cases, tactile mark-
ings or audible tones may be sufficient to make such 
devices fully accessible. 
(8) Blind and low-vision individuals should be 
able to obtain and operate consumer electronic de-
vices, electronic kiosks, home appliances, and office 
technology devices with the same ease as those with 
normal vision. 
SEC. 3. STUDY AND REPORT ON ACCESS TO COVERED DE-
VICES BY BLIND CONSUMERS. 
(a) IN GENERAL.—The Secretary shall conduct a 
study on methods by which blind consumers can gain non-
visual access to covered devices. 
(b) RESEARCH AND CONSULTATION.—In conducting 
the study required by subsection (a), the Secretary shall— 
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(1) review all available research on methods by 
which blind consumers can gain nonvisual access to 
covered devices; 
(2) commission such additional research as the 
Secretary considers necessary; 
(3) consult with groups representing blind con-
sumers; and 
(4) consult with manufacturers of covered de-
vices and organizations that represent such manu-
facturers. 
(c) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Secretary shall submit 
to Congress a report on the findings of the study required 
by subsection (a). 
SEC. 4. MINIMUM NONVISUAL ACCESS STANDARDS FOR 
COVERED DEVICES. 
(a) IN GENERAL.—Not later than 180 days after the 
submission of the report under section 3(c), the Secretary 
shall promulgate a minimum nonvisual access standard for 
each type of covered device that will ensure nonvisual ac-
cess to such respective type of device by blind consumers. 
(b) EFFECTIVE DATE.—A minimum nonvisual access 
standard shall apply to a covered device that is manufac-
tured after the date that is 2 years after the date on which 
such standard is promulgated. 
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SEC. 5. OFFICE OF NONVISUAL ACCESS COMPLIANCE. 
(a) ESTABLISHMENT.—As soon as practicable but 
not later than 2 years after the date of the enactment of 
this Act, the Secretary shall establish an Office of Non-
visual Access Compliance. The head of the Office shall be 
the Director of the Office of Nonvisual Access Compliance. 
(b) POWERS AND DUTIES.— 
(1) ASSISTANCE TO SECRETARY.—The Director 
and appropriate staff of the Office shall assist the 
Secretary in— 
(A) conducting the study required by sec-
tion 3(a) and preparing the report required by 
section 3(c) (if the Director and staff have been 
appointed by the time period involved); and 
(B) developing the minimum nonvisual ac-
cess standards. 
(2) EDUCATION
OF
MANUFACTURERS.—The 
Secretary, acting through the Director, shall educate 
manufacturers of covered devices about the min-
imum nonvisual access standards and compliance 
with such standards. 
(3) INVESTIGATIONS.— 
(A) COMPLAINTS.—The Secretary, acting 
through the Director, shall investigate each 
complaint that a covered device does not comply 
with a minimum nonvisual access standard ap-
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plicable to such covered device and shall deter-
mine whether such covered device complies with 
such minimum nonvisual access standard. 
(B) INITIATION BY OFFICE.—In addition 
to investigations under subparagraph (A), the 
Secretary, acting through the Director, may 
conduct such other investigations as the Sec-
retary, acting through the Director, considers 
appropriate to ensure compliance with the min-
imum nonvisual access standards. 
(4) ENFORCEMENT.— 
(A) IN GENERAL.—If the Secretary, acting 
through the Director, determines that a manu-
facturer has manufactured for sale or offered 
for sale a covered device that does not comply 
with a minimum nonvisual access standard ap-
plicable to such covered device, the Secretary, 
acting through the Director, shall take enforce-
ment action under subparagraph (B) or (C). 
(B) NOTICE AND OPPORTUNITY TO COR-
RECT VIOLATION; CIVIL PENALTY.— 
(i) NOTICE
AND
OPPORTUNITY
TO 
CORRECT
VIOLATION.—Upon making the 
determination described in subparagraph 
(A) and unless the Secretary, acting 
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through the Director, takes the action de-
scribed in subparagraph (C), the Sec-
retary, acting through the Director, shall 
notify the manufacturer involved of the 
violation and the time period within which 
such violation must be corrected in order 
to avoid a civil monetary penalty, if any. 
(ii) CIVIL
PENALTY.—If the notice 
given under clause (i) includes a time pe-
riod within which the violation must be 
corrected and the manufacturer has not 
corrected the violation within such time pe-
riod, the Secretary, acting through the Di-
rector, may assess a civil monetary penalty 
against such manufacturer in an amount 
that is not less than 10 percent of the re-
tail value of the covered device involved for 
each noncompliant unit of such covered de-
vice manufactured. 
(C) IMMEDIATE
CIVIL
PENALTY.—Upon 
making the determination described in subpara-
graph (A), the Secretary, acting through the 
Director, may, in an appropriate case, without 
first providing the manufacturer involved with 
notice and an opportunity to correct the viola-
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tion under subparagraph (B), assess a civil 
monetary penalty against such manufacturer in 
an amount that is not less than 10 percent of 
the retail value of the covered device involved 
for each noncompliant unit of such covered de-
vice 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 Office of such en-
counter, commence a civil action against the manufacturer 
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) determines that the covered 
device involved is in violation of a minimum nonvisual ac-
cess standard, the court may grant the following relief: 
(1) Monetary damages in an amount equal to 
the greater of— 
(A) $10,000 per encounter per unit of such 
covered device; or 
(B) in the case of a blind consumer who 
loses an employment opportunity because of an 
encounter with an office technology device that 
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does not comply with a minimum nonvisual ac-
cess standard applicable to such office tech-
nology device, the value of such employment op-
portunity. 
(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 or low-vision individuals under other law. 
SEC. 8. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) 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 some form of nonvisual 
assistance. 
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(2) CONSUMER
ELECTRONIC
DEVICE.—The 
term ‘‘consumer electronic device’’ means an elec-
tronic device designed primarily for use by the ulti-
mate consumer. 
(3) COVERED DEVICE.—The term ‘‘covered de-
vice’’ means a consumer electronic device, electronic 
kiosk, home appliance, or office technology device 
that is manufactured for sale in the United States 
after the date that is 2 years after the date of the 
promulgation of a minimum nonvisual access stand-
ard applicable to such consumer electronic device, 
electronic kiosk, home appliance, or office technology 
device. 
(4) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Nonvisual Access Com-
pliance. 
(5) ELECTRONIC KIOSK.—The term ‘‘electronic 
kiosk’’ means an electronic device with an interactive 
user interface that is designed to— 
(A) sell consumer goods and services, in-
cluding passage on transportation, to the pub-
lic; or 
(B) convey information to the public. 
(6) 
ENCOUNTER.—The 
term 
‘‘encounter’’ 
means— 
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(A) with respect to a consumer electronic 
device or home appliance, the purchase or use 
or attempted use of such item by a blind con-
sumer; and 
(B) with respect to an electronic kiosk or 
office technology device, the use or attempted 
use of such electronic kiosk or office technology 
device by a blind consumer. 
(7) HOME APPLIANCE.—The term ‘‘home appli-
ance’’ means an electric appliance that is designed 
for use in a residential setting. 
(8) MINIMUM NONVISUAL ACCESS STANDARD.— 
The term ‘‘minimum nonvisual access standard’’ 
means a minimum nonvisual access standard pro-
mulgated under section 4(a). 
(9) NONVISUAL ACCESS.—The term ‘‘nonvisual 
access’’ means the ability of an individual to use all 
functions of a device without reliance on eyesight. 
(10) OFFICE.—The term ‘‘Office’’ means the 
Office of Nonvisual Access Compliance established 
under section 5(a). 
(11) OFFICE TECHNOLOGY DEVICE.—The term 
‘‘office technology device’’ means an electric device 
or computer software application that is designed for 
use in an office setting. 
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(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
Æ 
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