118 S4782 IS: Exercise and Fitness for All Act of 2024 U.S. Senate 2024-07-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS2d SessionS. 4782IN THE SENATE OF THE UNITED STATESJuly 25, 2024Ms. Duckworth (for herself and Mr. Casey) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo promote the provision of exercise or fitness equipment, and exercise or fitness classes and instruction, that are accessible to individuals with disabilities.

1.

Short title

This Act may be cited as the Exercise and Fitness for All Act of 2024.

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).

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.