[Congressional Record Volume 160, Number 134 (Thursday, September 18, 2014)]
[Senate]
[Pages S5792-S5793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 2888. A bill to promote the provision of exercise and fitness 
equipment that is accessible to individuals with disabilities; to the 
Committee on Finance.
  Mr. HARKIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2888

       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''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Individuals with disabilities can maintain and improve 
     their health through appropriate physical activity.
       (2) In the 2008 Physical Activity Guidelines for Americans 
     (referred to as the ``Guidelines''), the Department of Health 
     and Human Services recommends that individuals with 
     disabilities, who are able, participate in regular aerobic 
     activity.
       (3) The Guidelines also recommend that adults with 
     disabilities, who are able, do muscle-strengthening 
     activities of moderate or high intensity on 2 or more days a 
     week, as these activities provide additional health benefits.
       (4) 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.
       (5) Unfortunately, many individuals with disabilities are 
     unable to engage in the recommended exercise or fitness 
     activities due to the inaccessibility of exercise or fitness 
     equipment.
       (6) Physical inactivity by adults with disabilities can 
     lead to increased risk for functional limitations and 
     secondary health conditions.
       (b) Purpose.--The purposes of this Act are--
       (1) to encourage exercise and fitness service providers to 
     provide accessible exercise and fitness equipment for 
     individuals with disabilities; and
       (2) to provide guidance about the requirements necessary to 
     ensure that such exercise and fitness equipment is accessible 
     to, and usable by, individuals with disabilities.

     SEC. 3. 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).

[[Page S5793]]

       (2) Accessible exercise or fitness equipment.--The term 
     ``accessible exercise or fitness equipment'' means exercise 
     or fitness equipment that is accessible to, and can be 
     independently used and operated by, individuals with 
     disabilities.
       (3) Exercise or fitness equipment.--The term ``exercise or 
     fitness 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 exercise or fitness equipment.
       (4) Exercise or fitness service provider.--The term 
     ``exercise or fitness service provider'' means a fitness 
     facility, health spa, health club, college or university 
     facility, gymnasium, or other similar place of exercise or 
     fitness that--
       (A) 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) provides exercise or fitness equipment for the use of 
     its patrons.
       (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).
       (6) Individuals with disabilities.--The term ``individuals 
     with disabilities'' means more than one individual with a 
     disability.

     SEC. 4. EXERCISE AND FITNESS ACCESSIBILITY GUIDELINES.

       (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 or fitness equipment, including relevant personnel 
     training.
       (b) Contents of Guidelines.--The guidelines described in 
     subsection (a) shall--
       (1) be consistent with the Standard Specification for 
     Universal Design of Fitness Equipment for Inclusive Use by 
     Persons with Functional Limitations and Impairments of the 
     American Society for Testing and Materials (ASTM F3021-13) 
     (and any future revisions thereto);
       (2) ensure that--
       (A) exercise or fitness equipment is accessible to, and 
     usable by, individuals with disabilities; and
       (B) individuals with disabilities have independent entry 
     to, use of, and exit from the exercise or fitness equipment, 
     to the maximum extent possible; and
       (3) take into consideration the following:
       (A) Whether the exercise or fitness service provider is a 
     new or existing facility.
       (B) Whether the exercise or fitness service provider is 
     staffed or not.
       (C) Instruction and additional assistance on the use of the 
     accessible exercise or fitness equipment (including specific 
     accessibility features) for individuals with disabilities.
       (D) The size and overall financial resources of the 
     exercise or fitness service provider.
       (E) The availability of closed captioning of video 
     programing displayed on equipment and televisions provided by 
     an exercise or fitness service provider.
       (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.

     SEC. 5. TAX CREDIT FOR EXPENDITURES TO PROVIDE ACCESSIBLE 
                   EXERCISE OR FITNESS EQUIPMENT.

       (a) In General.--Paragraph (1) of section 44(c) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``paid or incurred by an eligible small 
     business'' and inserting ``paid or incurred--
       ``(A) by an eligible small business'',
       (2) by striking ``section).'' and inserting ``section), 
     and'', and
       (3) by inserting at the end the following:
       ``(B) by an eligible small business which is an exercise or 
     fitness service provider for the purpose of providing for use 
     by individuals with disabilities accessible exercise or 
     fitness equipment that meets the guidelines established by 
     the Access Board under section 4 of the Exercise and Fitness 
     for All Act.

     Any term used in subparagraph (B) which is defined in section 
     3 of the Exercise and Fitness for All Act shall have the 
     meaning given such term in such section, as in effect on the 
     date of the enactment of such subparagraph.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to expenses paid or incurred in taxable years 
     beginning after the date of the enactment of this Act.
                                 ______