[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4782 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4782
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 SENATE OF THE UNITED STATES
July 25, 2024
Ms. Duckworth (for herself and Mr. Casey) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
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 of
2024''.
SEC. 2. 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 machines and equipment.--The term
``accessible exercise machines and equipment''--
(A) means exercise machines and equipment that--
(i) are accessible to, and can be
independently used and operated by, individuals
with disabilities; and
(ii) are considered a fixed or built-in
element of a facility; and
(B) includes equipment--
(i) that complies with 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) that complies with other ASTM
standards with specifications for inclusive use
of specific exercise machines or equipment.
(3) Exercise machines and equipment.--The term ``exercise
machines and 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 machines and
equipment, or exercise or fitness instruction,
including in individual or group formats, such
as personal training, nutrition coaching,
exercise or fitness classes or clubs, 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. 3. 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 accessible exercise machines and equipment and
for exercise or fitness service providers.
(b) Contents of Guidelines.--The guidelines described in subsection
(a) shall specify for accessible exercise machines and equipment
provided by an exercise or fitness service provider--
(1) the scope of coverage of the guidelines;
(2) the appropriate number of items and types of accessible
exercise machines and equipment;
(3) the placement of such machines and equipment within a
facility and among similar types of machines and equipment; and
(4) communications features, such as closed captioning on
monitors, audible output of visual content for people who are
blind or have low vision, visual indications of information
conveyed audibly, and controls for people with limited
dexterity or mobility.
(c) Review and Amendment.--The Access Board shall periodically
review and, as appropriate, amend the guidelines, and shall issue the
resulting guidelines as revised guidelines.
(d) Regulations.--
(1) In general.--Pursuant to titles II and III of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et
seq.; 42 U.S.C. 12181 et seq.) regarding the accessibility of
public entities and public accommodations, respectively, 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
machines and equipment and accessibility of exercise or fitness
instruction.
(2) Exercise machines and equipment.--With respect to the
provision of exercise machines and equipment, the regulations
shall be consistent with the Access Board guidelines.
(3) Exercise or fitness instruction.--The regulations
shall--
(A) ensure that exercise or fitness instruction
offered by the exercise or fitness service provider are
accessible to individuals with disabilities;
(B) ensure that the exercise or fitness service
provider makes available during operating hours at
least one employee trained to provide assistance to
individuals with disabilities in their use of exercise
machines and equipment, including accessible machines
and equipment; and
(C) ensure that exercise or fitness service
providers notify individuals with disabilities, in an
appropriate and accessible manner, about the
availability of such assistance specified in
subparagraph (B), including providing information on
how individuals with disabilities can request such
assistance.
(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 exercise machines and equipment
or instruction at a new or existing facility.
(B) The physical size of the exercise or fitness
facility, as well as the number of patrons served at
the facility.
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