[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4782 Introduced in Senate (IS)]

<DOC>






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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