Bill Summary
The Exercise and Fitness for All Act is a bill introduced by the United States Congress to ensure that individuals with disabilities have access to exercise and fitness equipment, as well as classes and instruction. The bill aims to promote the physical and mental health of individuals with disabilities by following the Department of Health and Human Services' guidelines for regular physical activity. The bill also addresses the issue of discrimination against individuals with disabilities by requiring exercise and fitness service providers to offer accessible equipment and classes. The Access Board will develop and publish guidelines for exercise and fitness service providers, and the Department of Justice will issue regulations for the provision of accessible equipment and accessibility of classes and instruction. These regulations will be periodically reviewed and amended, and will not be subject to the regulatory elimination provision outlined in Executive Order 13771.
Possible Impacts
1. Individuals with disabilities may now have more options for accessible fitness equipment and classes, allowing them to improve their health through physical activity.
2. Exercise or fitness service providers may be required to make accommodations for individuals with disabilities, such as having at least one employee available to assist them with using the equipment.
3. The Department of Justice may need to periodically review and update regulations to ensure that exercise or fitness service providers are following guidelines for accessible equipment and classes.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4561 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4561
To promote the provision of exercise or fitness equipment, and exercise
or fitness classes and instruction, that are accessible to individuals
with disabilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2019
Mr. DeSaulnier (for himself and Mr. Young) introduced the following
bill; which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To promote the provision of exercise or fitness equipment, and exercise
or fitness classes and instruction, that are accessible to individuals
with disabilities.
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 ``Exercise and Fitness for All Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Individuals with disabilities can maintain and improve
their health through appropriate physical activity.
(2) In the 2018 Physical Activity Guidelines for Americans
(referred to in this section as the ``Guidelines''), the
Department of Health and Human Services recommends that
individuals with disabilities, who are able, participate in
regular aerobic activity.
(3) The Guidelines also recommend that adults with
disabilities, who are able, do muscle strengthening activities
of moderate or high intensity on two or more days a week, as
these activities provide additional health benefits.
(4) The Guidelines recommend that when adults with
disabilities are not able to meet the Guidelines, they should
engage in regular physical activity according to their
abilities and avoid inactivity.
(5) Physical inactivity by adults with disabilities can
lead to increased risk for functional limitations and secondary
health conditions.
(6) Many individuals with disabilities are unable to engage
in the exercises or fitness activities recommended in the
Guidelines due to the failure of exercise or fitness service
providers to provide accessible exercise or fitness equipment.
(7) The failure to provide accessible exercise or fitness
equipment constitutes discrimination in violation of the
Americans with Disabilities Act of 1990 (referred to in this
section as the ``ADA'').
(b) Purpose.--The purpose of this Act is--
(1) to carry out the ADA's objectives of providing ``a
clear and comprehensive national mandate for the elimination of
discrimination'' and ``clear, strong, consistent, enforceable
standards addressing discrimination''; and
(2) specifically, to carry out those objectives by issuing
guidelines and regulations for exercise or fitness service
providers specifying the accessible exercise or fitness
equipment, and the accessible exercise or fitness classes and
instruction, necessary to ensure that individuals with
disabilities can--
(A) obtain the benefits of physical activity; and
(B) fully participate in the services offered by
exercise or fitness service providers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Access board.--The term ``Access Board'' means the
Architectural and Transportation Barriers Compliance Board
established under section 502 of the Rehabilitation Act of 1973
(29 U.S.C. 792).
(2) Accessible exercise or fitness equipment.--The term
``accessible exercise or fitness equipment''--
(A) means exercise or fitness equipment that is
accessible to, and can be independently used and
operated by, individuals with disabilities; and
(B) includes equipment that complies with--
(i) the American Society for Testing and
Materials (referred to in this section as
``ASTM'') Standard Specification for Universal
Design of Fitness Equipment for Inclusive Use
by Persons with Functional Limitations and
Impairments, ASTM F3021-17 (or any
corresponding similar ASTM standard); and
(ii) other ASTM standards with
specifications for inclusive use of specific
exercise or fitness equipment, such as bicycles
or strength equipment.
(3) Exercise or fitness equipment.--The term ``exercise or
fitness equipment'' means devices such as motorized treadmills,
stair climbers or step machines, stationary bicycles, rowing
machines, weight machines, circuit training equipment,
cardiovascular equipment, strength equipment, or other similar
equipment.
(4) Exercise or fitness service provider.--The term
``exercise or fitness service provider''--
(A) means an entity that--
(i) provides exercise or fitness equipment,
or exercise or fitness classes or instruction,
for the use of patrons; and
(ii) is considered a public accommodation
under section 301 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12181) or
is considered a public entity under section 201
of such Act (42 U.S.C. 12131); and
(B) includes a stand-alone exercise or fitness
center and an exercise or fitness center within an
entity such as a hotel, retirement community,
gymnasium, elementary or secondary school, or
institution of higher education.
(5) Individual with a disability.--The term ``individual
with a disability'' means any person with a disability as
defined in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102).
SEC. 4. EXERCISE AND FITNESS ACCESSIBILITY GUIDELINES AND REGULATIONS.
(a) Establishment of Guidelines.--Not later than 18 months after
the date of enactment of this Act, the Access Board shall develop and
publish guidelines for exercise or fitness service providers regarding
the provision of accessible exercise or fitness equipment.
(b) Contents of Guidelines.--The guidelines described in subsection
(a) shall ensure that the appropriate number of items and types of
accessible exercise or fitness equipment are provided by an exercise or
fitness service provider.
(c) Review and Amendment.--
(1) Revision.--The Access Board shall periodically review
and, as appropriate, amend the guidelines, and shall issue the
resulting guidelines as revised guidelines.
(2) Inapplicability of regulatory elimination provision.--
Executive Order 13771 (5 U.S.C. 601 note; relating to reducing
regulation and controlling regulatory costs) shall not apply to
this Act.
(d) Regulations.--
(1) In general.--Not later than 18 months after the Access
Board issues guidelines under this section, the Department of
Justice shall issue regulations regarding the provision of
accessible exercise or fitness equipment and accessibility of
exercise or fitness classes and instruction.
(2) Equipment.--With respect to the provision of exercise
or fitness equipment, the regulations shall be consistent with
the Access Board guidelines.
(3) Exercise or fitness classes and instruction.--The
regulations shall--
(A) ensure that exercise or fitness classes and
instruction offered by the service provider are
accessible to individuals with disabilities; and
(B) ensure that the service provider makes
available at least one employee who is able to assist
individuals with disabilities in their use of
accessible exercise or fitness equipment.
(4) Considerations.--In issuing the regulations, the
Department of Justice shall take into consideration each of the
following:
(A) Whether the exercise or fitness service
provider is providing equipment, classes, or
instruction at a new or existing facility.
(B) The size of the exercise or fitness facility.
(C) The availability of closed captioning of video
programming displayed on equipment or a television
provided by the exercise or fitness service provider.
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