,,ii #aafth ,,congress #ast ,session ,s4 #abdd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #cj1 #bjai,ms4 ,duckworth 7for herself1 ,mr4 ,casey1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to promote the provision of exercise or fitness equipment1 and exercise or fitness classes and instruction1 that are 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 #bjah ,physical ,activity ,guidelines for ,americans 7referred to in this section 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 two 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 ,physical inactivity by adults with disabilities can lead to increased risk for functional limitations and secondary health conditions4 7#f7 ,many individuals with disabilities are unable to engage in the exercises or fitness activities recommended in the ,guidelines due to the failure of exercise or fitness service providers to provide accessible exercise or fitness equipment4 7#g7 ,the failure to provide accessible exercise or fitness equipment constitutes discrimination in violation of the ,americans with ,disabilities ,act of #aiij 7referred to in this section as the ,,ada74 7b7 ,purpose ,the purpose of this ,act is-- 7#a7 to carry out the ,,ada's objectives of providing a clear and comprehensive national mandate for the elimination of discrimination and clear1 strong1 consistent1 enforceable standards addressing discrimination2 and 7#b7 specifically1 to carry out those objectives by issuing guidelines and regulations for exercise or fitness service providers specifying the accessible exercise or fitness equipment1 and the accessible exercise or fitness classes and instruction1 necessary to ensure that individuals with disabilities can-- 7,a7 obtain the benefits of physical activity2 and 7,b7 fully participate in the services offered by exercise or fitness service providers4 #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-- 7,a7 means exercise or fitness equipment that is accessible to1 and can be independently used and operated by1 individuals with disabilities2 and 7,b7 includes equipment that complies with-- 7i7 the ,american ,society for ,testing and ,materials 7referred to in this section as ,,astm7 ,standard ,specification for ,universal ,design of ,fitness ,equipment for ,inclusive ,use by ,persons with ,functional ,limitations and ,impairments1 ,,astm ,f#cjba-ag 7or any corresponding similar ,,astm standard72 and 7ii7 other ,,astm standards with specifications for inclusive use of specific exercise or fitness equipment1 such as bicycles or strength equipment4 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 similar equipment4 7#d7 ,exercise or fitness service provider ,the term exercise or fitness service provider-- 7,a7 means an entity that-- 7i7 provides exercise or fitness equipment1 or exercise or fitness classes or instruction1 for the use of patrons2 and 7ii7 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 includes a stand-alone exercise or fitness center and an exercise or fitness center within an entity such as a hotel1 retirement community1 gymnasium1 elementary or secondary school1 or institution of higher education4 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 #d4 ,exercise and fitness accessibility guidelines and regulations 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 equipment4 7b7 ,contents of guidelines ,the guidelines described in subsection 7a7 shall ensure that the appropriate number of items and types of accessible exercise or fitness equipment are provided by an exercise or fitness service provider4 7c7 ,review and amendment 7#a7 ,revision ,the ,access ,board shall periodically review and1 as appropriate1 amend the guidelines1 and shall issue the resulting guidelines as revised guidelines4 7#b7 ,inapplicability of regulatory elimination provision ,executive ,order #acgga 7#e ,u4,s4,c4 #fja note2 relating to reducing regulation and controlling regulatory costs7 shall not apply to this ,act4 7d7 ,regulations 7#a7 ,in general ,not later than #ah months after the ,access ,board issues guidelines under this section1 the ,department of ,justice shall issue regulations regarding the provision of accessible exercise or fitness equipment and accessibility of exercise or fitness classes and instruction4 7#b7 ,equipment ,with respect to the provision of exercise or fitness equipment1 the regulations shall be consistent with the ,access ,board guidelines4 7#c7 ,exercise or fitness classes and instruction ,the regulations shall-- 7,a7 ensure that exercise or fitness classes and instruction offered by the service provider are accessible to individuals with disabilities2 and 7,b7 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 or fitness equipment4 7#d7 ,considerations ,in issuing the regulations1 the ,department of ,justice shall take into consideration each of the following3 7,a7 ,whether the exercise or fitness service provider is providing equipment1 classes1 or instruction at a new or existing facility4 7,b7 ,the size of the exercise or fitness facility4 7,c7 ,the availability of closed captioning of video programming displayed on equipment or a television provided by the exercise or fitness service provider4 #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 means amounts paid or incurred by an eligible small business and inserting means-- 7,a7 amounts paid or incurred by an eligible small business 2 7#b7 by striking section74 and inserting section71 and2 and 7#c7 by inserting at the end the following3 7,b7 amounts paid or incurred 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