[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4533 Introduced in House (IH)]

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.

    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 ``Technology Bill of Rights for the 
Blind Act of 2010''.

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 electronic devices, home appliances, and 
        office technology 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 individuals. Rarely, for example, are 
        settings on televisions, home stereo systems, or dishwashers 
        controlled by knobs, switches, or buttons that can be readily 
        identified 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 technology. This lack of access is a potential threat 
        to a blind person's existing job and a barrier to obtaining a 
        new job.
            (3) Increasingly, electronic kiosks are being used to sell 
        consumer goods and services, including 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 person 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 because 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 Atmospheric 
        Administration. Additionally, office software 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 consideration at the beginning of the design process.
            (5) Some manufacturers have incorporated nonvisual 
        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 
        incorporated innovative nonvisual interfaces into the latest 
        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 technology devices can be made 
        accessible to blind and low-vision individuals. In some cases, 
        tactile markings 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 devices, 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 DEVICES BY BLIND 
              CONSUMERS.

    (a) In General.--The Secretary shall conduct a study on methods by 
which blind consumers can gain nonvisual access to covered devices.
    (b) Research and Consultation.--In conducting the study required by 
subsection (a), the Secretary shall--
            (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 consumers; and
            (4) consult with manufacturers of covered devices and 
        organizations that represent such manufacturers.
    (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 access 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 manufactured after the date that is 2 
years after the date on which such standard is promulgated.

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 Nonvisual 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 section 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 access 
                standards.
            (2) Education of manufacturers.--The Secretary, acting 
        through the Director, shall educate manufacturers of covered 
        devices about the minimum 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 applicable to such covered device and 
                shall determine 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 Secretary, acting through the 
                Director, considers appropriate to ensure compliance 
                with the minimum nonvisual access standards.
            (4) Enforcement.--
                    (A) In general.--If the Secretary, acting through 
                the Director, determines that a manufacturer has 
                manufactured for sale or offered for sale a covered 
                device that does not comply with a minimum nonvisual 
                access standard applicable to such covered device, the 
                Secretary, acting through the Director, shall take 
                enforcement action under subparagraph (B) or (C).
                    (B) Notice and opportunity to correct violation; 
                civil penalty.--
                            (i) Notice and opportunity to correct 
                        violation.--Upon making the determination 
                        described in subparagraph (A) and unless the 
                        Secretary, acting through the Director, takes 
                        the action described in subparagraph (C), the 
                        Secretary, 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 period within 
                        which the violation must be corrected and the 
                        manufacturer has not corrected the violation 
                        within such time period, the Secretary, acting 
                        through the Director, may 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 
                        device manufactured.
                    (C) Immediate civil penalty.--Upon making the 
                determination described in subparagraph (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 violation 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 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 
Office 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) determines that the covered device involved is in 
violation of a minimum nonvisual access 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 does not comply with a 
                minimum nonvisual access standard applicable to such 
                office technology device, the value of such employment 
                opportunity.
            (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 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 some form of nonvisual 
                assistance.
            (2) Consumer electronic device.--The term ``consumer 
        electronic device'' means an electronic device designed 
        primarily for use by the ultimate consumer.
            (3) Covered device.--The term ``covered device'' 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 standard 
        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 Compliance.
            (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, including 
                passage on transportation, to the public; or
                    (B) convey information to the public.
            (6) Encounter.--The term ``encounter'' means--
                    (A) with respect to a consumer electronic device or 
                home appliance, the purchase or use or attempted use of 
                such item by a blind consumer; 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 appliance'' 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 promulgated 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.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
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