Exercise and Fitness for All Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Exercise and Fitness 4 for All Act’’. 5 SEC. 2. FINDINGS AND PURPOSE. 6 (a) FINDINGS.—Congress finds the following: 7 VerDate Sep 11 2014 00:19 Oct 03, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4561.IH H4561 kjohnson on DSK79L0C42 with BILLS 2 •HR 4561 IH (1) Individuals with disabilities can maintain 1 and improve their health through appropriate phys- 2 ical activity. 3 (2) In the 2018 Physical Activity Guidelines for 4 Americans (referred to in this section as the ‘‘Guide- 5 lines’’), the Department of Health and Human Serv- 6 ices recommends that individuals with disabilities, 7 who are able, participate in regular aerobic activity. 8 (3) The Guidelines also recommend that adults 9 with disabilities, who are able, do muscle strength- 10 ening activities of moderate or high intensity on two 11 or more days a week, as these activities provide ad- 12 ditional health benefits. 13 (4) The Guidelines recommend that when 14 adults with disabilities are not able to meet the 15 Guidelines, they should engage in regular physical 16 activity according to their abilities and avoid inac- 17 tivity. 18 (5) Physical inactivity by adults with disabilities 19 can lead to increased risk for functional limitations 20 and secondary health conditions. 21 (6) Many individuals with disabilities are unable 22 to engage in the exercises or fitness activities rec- 23 ommended in the Guidelines due to the failure of ex- 24 VerDate Sep 11 2014 00:19 Oct 03, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4561.IH H4561 kjohnson on DSK79L0C42 with BILLS 3 •HR 4561 IH ercise or fitness service providers to provide acces- 1 sible exercise or fitness equipment. 2 (7) The failure to provide accessible exercise or 3 fitness equipment constitutes discrimination in viola- 4 tion of the Americans with Disabilities Act of 1990 5 (referred to in this section as the ‘‘ADA’’). 6 (b) PURPOSE.—The purpose of this Act is— 7 (1) to carry out the ADA’s objectives of pro- 8 viding ‘‘a clear and comprehensive national mandate 9 for the elimination of discrimination’’ and ‘‘clear, 10 strong, consistent, enforceable standards addressing 11 discrimination’’; and 12 (2) specifically, to carry out those objectives by 13 issuing guidelines and regulations for exercise or fit- 14 ness service providers specifying the accessible exer- 15 cise or fitness equipment, and the accessible exercise 16 or fitness classes and instruction, necessary to en- 17 sure that individuals with disabilities can— 18 (A) obtain the benefits of physical activity; 19 and 20 (B) fully participate in the services offered 21 by exercise or fitness service providers. 22 SEC. 3. DEFINITIONS. 23 In this Act: 24 VerDate Sep 11 2014 00:19 Oct 03, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4561.IH H4561 kjohnson on DSK79L0C42 with BILLS 4 •HR 4561 IH (1) ACCESS BOARD.—The term ‘‘Access Board’’ 1 means the Architectural and Transportation Bar- 2 riers Compliance Board established under section 3 502 of the Rehabilitation Act of 1973 (29 U.S.C. 4 792). 5 (2) ACCESSIBLE EXERCISE OR FITNESS EQUIP- 6 MENT.—The term ‘‘accessible exercise or fitness 7 equipment’’— 8 (A) means exercise or fitness equipment 9 that is accessible to, and can be independently 10 used and operated by, individuals with disabil- 11 ities; and 12 (B) includes equipment that complies 13 with— 14 (i) the American Society for Testing 15 and Materials (referred to in this section 16 as ‘‘ASTM’’) Standard Specification for 17 Universal Design of Fitness Equipment for 18 Inclusive Use by Persons with Functional 19 Limitations and Impairments, ASTM 20 F3021–17 (or any corresponding similar 21 ASTM standard); and 22 (ii) other ASTM standards with speci- 23 fications for inclusive use of specific exer- 24 VerDate Sep 11 2014 00:19 Oct 03, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4561.IH H4561 kjohnson on DSK79L0C42 with BILLS 5 •HR 4561 IH cise or fitness equipment, such as bicycles 1 or strength equipment. 2 (3) EXERCISE OR FITNESS EQUIPMENT.—The 3 term ‘‘exercise or fitness equipment’’ means devices 4 such as motorized treadmills, stair climbers or step 5 machines, stationary bicycles, rowing machines, 6 weight machines, circuit training equipment, cardio- 7 vascular equipment, strength equipment, or other 8 similar equipment. 9 (4) EXERCISE OR FITNESS SERVICE PRO- 10 VIDER.—The term ‘‘exercise or fitness service pro- 11 vider’’— 12 (A) means an entity that— 13 (i) provides exercise or fitness equip- 14 ment, or exercise or fitness classes or in- 15 struction, for the use of patrons; and 16 (ii) is considered a public accommoda- 17 tion under section 301 of the Americans 18 with Disabilities Act of 1990 (42 U.S.C. 19 12181) or is considered a public entity 20 under section 201 of such Act (42 U.S.C. 21 12131); and 22 (B) includes a stand-alone exercise or fit- 23 ness center and an exercise or fitness center 24 within an entity such as a hotel, retirement 25 VerDate Sep 11 2014 00:19 Oct 03, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4561.IH H4561 kjohnson on DSK79L0C42 with BILLS 6 •HR 4561 IH community, gymnasium, elementary or sec- 1 ondary school, or institution of higher edu- 2 cation. 3 (5) INDIVIDUAL WITH A DISABILITY.—The term 4 ‘‘individual with a disability’’ means any person with 5 a disability as defined in section 3 of the Americans 6 with Disabilities Act of 1990 (42 U.S.C. 12102). 7 SEC. 4. EXERCISE AND FITNESS ACCESSIBILITY GUIDE- 8 LINES AND REGULATIONS. 9 (a) ESTABLISHMENT OF GUIDELINES.—Not later 10 than 18 months after the date of enactment of this Act, 11 the Access Board shall develop and publish guidelines for 12 exercise or fitness service providers regarding the provi- 13 sion of accessible exercise or fitness equipment. 14 (b) CONTENTS OF GUIDELINES.—The guidelines de- 15 scribed in subsection (a) shall ensure that the appropriate 16 number of items and types of accessible exercise or fitness 17 equipment are provided by an exercise or fitness service 18 provider. 19 (c) REVIEW AND AMENDMENT.— 20 (1) REVISION.—The Access Board shall periodi- 21 cally review and, as appropriate, amend the guide- 22 lines, and shall issue the resulting guidelines as re- 23 vised guidelines. 24 VerDate Sep 11 2014 00:19 Oct 03, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4561.IH H4561 kjohnson on DSK79L0C42 with BILLS 7 •HR 4561 IH (2) INAPPLICABILITY OF REGULATORY ELIMI- 1 NATION PROVISION.—Executive Order 13771 (5 2 U.S.C. 601 note; relating to reducing regulation and 3 controlling regulatory costs) shall not apply to this 4 Act. 5 (d) REGULATIONS.— 6 (1) IN GENERAL.—Not later than 18 months 7 after the Access Board issues guidelines under this 8 section, the Department of Justice shall issue regu- 9 lations regarding the provision of accessible exercise 10 or fitness equipment and accessibility of exercise or 11 fitness classes and instruction. 12 (2) EQUIPMENT.—With respect to the provision 13 of exercise or fitness equipment, the regulations 14 shall be consistent with the Access Board guidelines. 15 (3) EXERCISE OR FITNESS CLASSES AND IN- 16 STRUCTION.—The regulations shall— 17 (A) ensure that exercise or fitness classes 18 and instruction offered by the service provider 19 are accessible to individuals with disabilities; 20 and 21 (B) ensure that the service provider makes 22 available at least one employee who is able to 23 assist individuals with disabilities in their use of 24 accessible exercise or fitness equipment. 25 VerDate Sep 11 2014 00:19 Oct 03, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4561.IH H4561 kjohnson on DSK79L0C42 with BILLS 8 •HR 4561 IH (4) CONSIDERATIONS.—In issuing the regula- 1 tions, the Department of Justice shall take into con- 2 sideration each of the following: 3 (A) Whether the exercise or fitness service 4 provider is providing equipment, classes, or in- 5 struction at a new or existing facility. 6 (B) The size of the exercise or fitness facil- 7 ity. 8 (C) The availability of closed captioning of 9 video programming displayed on equipment or a 10 television provided by the exercise or fitness 11 service provider. 12 Æ VerDate Sep 11 2014 00:19 Oct 03, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H4561.IH H4561 kjohnson on DSK79L0C42 with BILLS