,,ii #aahth ,,congress #b;d ,session ,s4 #dghb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #be1 #bjbd,ms4 ,duckworth 7for herself and ,mr4 ,casey7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,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 ,act of #bjbd4 #b4 ,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 machines and equipment ,the term accessible exercise machines and equipment-- 7,a7 means exercise machines and equipment that-- 7i7 are accessible to1 and can be independently used and operated by1 individuals with disabilities2 and 7ii7 are considered a fixed or built-in element of a facility2 and 7,b7 includes equipment-- 7i7 that complies with 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 that complies with other ,,astm standards with specifications for inclusive use of specific exercise machines or equipment4 7#c7 ,exercise machines and equipment ,the term exercise machines and 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 machines and equipment1 or exercise or fitness instruction1 including in individual or group formats1 such as personal training1 nutrition coaching1 exercise or fitness classes or clubs1 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 #c4 ,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 accessible exercise machines and equipment and for exercise or fitness service providers4 7b7 ,contents of guidelines ,the guidelines described in subsection 7a7 shall specify for accessible exercise machines and equipment provided by an exercise or fitness service provider-- 7#a7 the scope of coverage of the guidelines2 7#b7 the appropriate number of items and types of accessible exercise machines and equipment2 7#c7 the placement of such machines and equipment within a facility and among similar types of machines and equipment2 and 7#d7 communications features1 such as closed captioning on monitors1 audible output of visual content for people who are blind or have low vision1 visual indications of information conveyed audibly1 and controls for people with limited dexterity or mobility4 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 7d7 ,regulations 7#a7 ,in general ,pursuant to titles ,,ii and ,,iii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq42 #db ,u4,s4,c4 #abaha et seq47 regarding the accessibility of public entities and public accommodations1 respectively1 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 machines and equipment and accessibility of exercise or fitness instruction4 7#b7 ,exercise machines and equipment ,with respect to the provision of exercise machines and equipment1 the regulations shall be consistent with the ,access ,board guidelines4 7#c7 ,exercise or fitness instruction ,the regulations shall-- 7,a7 ensure that exercise or fitness instruction offered by the exercise or fitness service provider are accessible to individuals with disabilities2 7,b7 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 equipment1 including accessible machines and equipment2 and 7,c7 ensure that exercise or fitness service providers notify individuals with disabilities1 in an appropriate and accessible manner1 about the availability of such assistance specified in subparagraph 7,b71 including providing information on how individuals with disabilities can request such assistance4 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 exercise machines and equipment or instruction at a new or existing facility4 7,b7 ,the physical size of the exercise or fitness facility1 as well as the number of patrons served at the facility4