,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eeda ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,mr4 ,farr 7for himself and ,ms4 ,duckworth7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to promote the provision of exercise and fitness equipment that is accessible to individuals with disabilities4 #a4 ,short title ,this ,act may be cited as the ,exercise and ,fitness ,for ,all ,act4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,individuals with disabilities can maintain and improve their health through appropriate physical activity4 7#b7 ,in the #bjjh ,physical ,activity ,guidelines for ,americans 7referred to as the ,guidelines71 the ,department of ,health and ,human ,services recommends that individuals with disabilities1 who are able1 participate in regular aerobic activity4 7#c7 ,the ,guidelines also recommend that adults with disabilities1 who are able1 do muscle-strengthening activities of moderate or high intensity on #b or more days a week1 as these activities provide additional health benefits4 7#d7 ,the ,guidelines recommend that when adults with disabilities are not able to meet the ,guidelines1 they should engage in regular physical activity according to their abilities and avoid inactivity4 7#e7 ,unfortunately1 many individuals with disabilities are unable to engage in the recommended exercise or fitness activities due to the inaccessibility of exercise or fitness equipment4 7#f7 ,physical inactivity by adults with disabilities can lead to increased risk for functional limitations and secondary health conditions4 7b7 ,purpose ,the purposes of this ,act are-- 7#a7 to encourage exercise and fitness service providers to provide accessible exercise and fitness equipment for individuals with disabilities2 and 7#b7 to provide guidance about the requirements necessary to ensure that such exercise and fitness equipment is accessible to1 and usable by1 individuals with disabilities4 #c4 ,definitions ,in this ,act3 7#a7 ,access ,board ,the term ,access ,board means the ,architectural and ,transportation ,barriers ,compliance ,board established under section #ejb of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib74 7#b7 ,accessible exercise or fitness equipment ,the term accessible exercise or fitness equipment means exercise or fitness equipment that is accessible to1 and can be independently used and operated by1 individuals with disabilities4 7#c7 ,exercise or fitness equipment ,the term exercise or fitness equipment means devices such as motorized treadmills1 stair climbers or step machines1 stationary bicycles1 rowing machines1 weight machines1 circuit training equipment1 cardiovascular equipment1 strength equipment1 or other exercise or fitness equipment4 7#d7 ,exercise or fitness service provider ,the term exercise or fitness service provider means a gymnasium1 health spa1 health club1 college or university facility1 or other similar place of exercise or fitness that-- 7,a7 is considered a public accommodation under section #cja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaha7 or is considered a public entity under section #bja of such ,act 7#db ,u4,s4,c4 #abaca72 and 7,b7 provides exercise or fitness equipment for the use of its patrons4 7#e7 ,individual with a disability ,the term individual with a disability means any person with a disability as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#f7 ,individuals with disabilities ,the term individuals with disabilities means more than one individual with a disability4 #d4 ,exercise and fitness accessibility guidelines 7a7 ,establishment of guidelines ,not later than #ah months after the date of enactment of this ,act1 the ,access ,board shall develop and publish guidelines for exercise or fitness service providers regarding the provision of accessible exercise or fitness equipment1 including relevant personnel training4 7b7 ,contents of guidelines ,the guidelines described in subsection 7a7 shall-- 7#a7 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 7,,astm ,f#cjba-ac7 7and any future revisions thereto72 7#b7 ensure that-- 7,a7 exercise or fitness equipment is accessible to1 and usable by1 individuals with disabilities2 and 7,b7 individuals with disabilities have independent entry to1 use of1 and exit from the exercise or fitness equipment1 to the maximum extent possible2 and 7#c7 take into consideration the following3 7,a7 ,whether the exercise or fitness service provider is a new or existing facility4 7,b7 ,whether the exercise or fitness service provider is staffed or not4 7,c7 ,instruction and additional assistance on the use of the accessible exercise or fitness equipment 7including specific accessibility features7 for individuals with disabilities4 7,d7 ,the size and overall financial resources of the exercise or fitness service provider4 7,e7 ,the availability of closed captioning of video programming displayed on equipment and televisions provided by an exercise or fitness service provider4 7c7 ,review and amendment ,the ,access ,board shall periodically review and1 as appropriate1 amend the guidelines1 and shall issue the resulting guidelines as revised guidelines4 #e4 ,tax credit for expenditures to provide accessible exercise or fitness equipment 7a7 ,in general ,paragraph 7#a7 of section #dd7;c7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking paid or incurred by an eligible small business and inserting paid or incurred-- 7,a7 by an eligible small business 1 7#b7 by striking section74 and inserting section71 and1 and 7#c7 by inserting at the end the following3 7,b7 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 #d of the ,exercise and ,fitness for ,all ,act4 ,any term used in subparagraph 7,b7 which is defined in section #c of the ,exercise and ,fitness for ,all ,act shall have the meaning given such term in such section1 as in effect on the date of the enactment of such subparagraph4 4 7b7 ,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 ,act4