Short title

This Act may be cited as the

Exercise and Fitness for All Act

Findings and purpose

(a)

Findings

Congress finds the following:(1)Individuals with disabilities can maintain and improve their health through appropriate physical activity.(2)According to a 2023 meta-analysis published in the International Journal of Environmental Research and Public Health, physical exercise programs reduced depressive symptoms in adults with both intellectual and physical disabilities, while other data shows that adults with disabilities report experiencing mental distress approximately five times as often as adults without disabilities.(3)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.(4)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.(5)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.(6)According to a study published in the Disability and Health Journal in 2020, approximately 60 percent of disabled adults with mobility challenges reported performing no aerobic activity, and those who do not perform aerobic activity are more likely than their physically active counterparts to report at least one of four chronic conditions (heart disease, stroke, diabetes, or cancer).(7)Many individuals with disabilities are unable to engage in the exercises or fitness activities recommended in the Guidelines, as a study published in the American Journal of Preventive Medicine in 2004 identified 178 barriers to physical activity participation among persons with disabilities, including barriers related to the built and natural environment, economic challenges, barriers in access to equipment, and barriers related to interpretation of regulations and laws, among other challenges.(8)The failure to provide accessible exercise machines and equipment, as well as accessible exercise and fitness classes and instruction, prevents people with disabilities from being full participants in their communities.(b)

Purpose

The purpose of this Act is—(1)to carry out the objectives of the Americans with Disabilities Act of 1990 (referred to in this section as the ADA), including 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 machines and 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.

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)

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.(3)

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 classes or instruction, for the use of patrons; and(ii)is considered a public entity under section 201 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131) or is considered a public accommodation under section 301 of such Act (42 U.S.C. 12181); 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.(4)

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).

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 machines and equipment.(b)

Contents of guidelines

The guidelines described in subsection (a) shall ensure that—(1)the appropriate number of items and types of accessible exercise machines and equipment are provided by an exercise or fitness service provider; and(2)each accessible exercise machine and equipment that has communications features or an interface is accessible for disabled individuals through the availability of features such as closed captioning on monitors, audible output of visual content and tactile buttons for people who are blind or have low vision, and visual indications of information conveyed audibly.(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

Not later than 18 months after the Access Board issues guidelines under this section, the Attorney General shall issue regulations pursuant to section 302(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12182) regarding—(A)the provision of accessible exercise machines and equipment; and(B)the accessibility of exercise or fitness classes and instruction.(2)

Equipment

With respect to the provision of accessible exercise machines and equipment, the regulations issued pursuant to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) shall be consistent with the Access Board guidelines developed pursuant to subsection (a).(3)

Exercise or fitness classes and instruction

The regulations shall—(A)specify that service providers are required to make reasonable accommodations to ensure that exercise or fitness classes and instruction are accessible for people 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 machines and equipment.