Title: GAIN Act
Policy area: Health

Summary:
Greater Access and Independence through Nonvisual Access Technology Act of 2019 or the GAIN Act  This bill requires the Architectural and Transportation Barriers Compliance Board (Access Board) to establish access standards for home (1) medical devices, (2) appliances, and (3) exercise equipment that allow blind consumers to effectively use such products.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3929 Introduced in House (IH)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Greater Access and Independence 
through Nonvisual Access Technology Act of 2019'' or the ``GAIN Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Rapid advances in digital technology have led to 
        increasingly complex user interfaces for everyday products such 
        as home use medical devices, home appliances, and exercise 
        equipment. Many new devices in these categories utilize 
        displays that can only be operated visually and require user 
        interaction with on-screen menus and other interfaces that are 
        inaccessible to consumers who are blind.
            (2) The use of interfaces which must be operated visually 
        on exercise equipment such as treadmills and elliptical 
        machines make these devices unusable by people who are blind. 
        This lack of access is a potential threat to a blind person 
        improving their health and a barrier to maintaining their 
        physical well-being.
            (3) The use of interfaces which must be operated visually 
        on home appliances such as laundry machines, dishwashers, and 
        stoves make these devices difficult, if not impossible, to use 
        by people who are blind. This lack of access is a potential 
        barrier to independent living and overall quality of life.
            (4) Increasingly, home use medical devices are being 
        utilized to lessen the cost of medical care for consumers. 
        Devices such as blood pressure monitors, sleep apnea machines, 
        and in-home chemotherapy treatment devices generally lack 
        nonvisual accessibility. If a home use medical device is not 
        accessible in a nonvisual manner, a blind person cannot use it 
        efficiently and independently. The lack of nonvisual 
        accessibility in these devices poses major health risks for 
        blind consumers, including potentially life-threatening 
        consequences.
            (5) Screen access technology has become inexpensive and is 
        in wider use than ever before. Many technology companies have 
        incorporated screen access technology functionalities into 
        their products. Screen access technology is not the only 
        mechanism by which home use medical devices, exercise 
        equipment, and home appliances can be made accessible to blind 
        consumers. In some cases, tactile markings, audible tones, or 
        cost-effective and widely available text-to-speech technology 
        may be sufficient to make such devices fully accessible. 
        Devices can be designed to work with nonvisual access 
        technology used by the blind at little or no extra cost as long 
        as such compatibility is taken into consideration at the 
        beginning of the design process.
            (6) Consumers who are blind must be able to operate home 
        use medical devices, exercise equipment, and home appliances in 
        an equally effective and equally integrated manner and with 
        equivalent ease of use as consumers without disabilities.

SEC. 3. MINIMUM NONVISUAL ACCESS STANDARD FOR COVERED DEVICES.

    (a) In General.--The Access Board shall promulgate a minimum 
nonvisual access standard for each type of covered device that will 
ensure nonvisual access to such respective device by blind consumers.
    (b) Effective Date.--A minimum nonvisual access standard shall 
apply to a covered device that is manufactured after the date that is 
24 months after the date on which such standard is promulgated.

SEC. 4. RULEMAKING.

    (a) In General.--The Architectural and Transportation Compliance 
Board established pursuant to section 502 of the Rehabilitation Act of 
1973 (29 U.S.C. 792) (in this Act referred to as the ``Access Board'') 
shall conduct a review of nonvisual accessibility standards for home 
use medical devices, home appliances, and exercise equipment.
    (b) Research and Consultation.--In conducting the review required 
by subsection (a), the Access Board shall--
            (1) review all available research on methods by which blind 
        consumers can acquire nonvisual access to covered devices;
            (2) commission such additional research as the Access Board 
        considers necessary to fulfill its responsibility under 
        subsection (a) of this section;
            (3) consult with groups representing blind consumers; and
            (4) consult with manufacturers of covered devices and 
        organizations that represent such manufacturers.
    (c) Rulemaking Required.--Not later than 18 months after the date 
of enactment of this Act, the Access Board shall initiate rulemaking 
pursuant to section 3(a).
    (d) Final Rule.--Not later than 36 months after the date of 
enactment of this Act, the Access Board shall issue the final rule.

SEC. 5. ENFORCEMENT.

    (a) Education of Manufacturers.--The Access Board shall conduct 
training to educate manufacturers of covered devices about the minimum 
nonvisual access standard and compliance with such standard.
    (b) Powers and Duties.--
            (1) Home use medical devices.--The Food and Drug 
        Administration is responsible for overseeing the nonvisual 
        access compliance of manufacturers who produce home use medical 
        devices.
            (2) Home appliances and exercise equipment.--The Federal 
        Trade Commission is responsible for overseeing the nonvisual 
        access compliance of manufacturers who produce home appliances 
        and exercise equipment.
    (c) Investigations.--
            (1) Complaints.--
                    (A) Home use medical device.--The Food and Drug 
                Administration shall investigate each complaint 
                regarding a home use medical device does not comply 
                with the minimum nonvisual access standard applicable 
                to such device and shall determine whether the device 
                complies with such minimum nonvisual access standard.
                    (B) Home appliance or piece of exercise 
                equipment.--The Federal Trade Commission shall 
                investigate each complaint regarding a home appliance 
                or piece of exercise equipment does not comply with the 
                minimum nonvisual access standard applicable to such 
                appliance or equipment and shall determine whether the 
                appliance or equipment complies with such minimum 
                nonvisual access standard.
            (2) Other investigations.--In addition to investigations 
        under paragraph (1), the proper agency 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 offered 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 determined 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 encounter 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 
manufacturer of such covered device not later than 180 days after such 
encounter.
    (b) Relief.--If the court in a civil action commenced under 
subsection (a) of this section determines that the covered device 
involved is in violation of the minimum 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).
            (2) Blind consumer.--The term ``blind consumer'' 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 device'' means a 
        Home Use Medical Device, Exercise Equipment, or Home Appliance.
            (4) Exercise equipment.--The term ``exercise equipment'' 
        means an exercise machine with an interactive user interface 
        for use in residential or commercial settings.
            (5) Home appliance.--The term ``home appliance'' 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 professional healthcare facilities.
            (7) Nonvisual access.--The term ``nonvisual access'' means 
        the ability of an individual to use all functions of a device 
        in an equally effective and equally integrated manner and with 
        equivalent ease of use.
            (8) Proper agency.--The term ``proper agency'' means the 
        respective agency who is responsible for overseeing specific 
        categories of covered devices.
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