II 

113TH CONGRESS 

2D SESSION S. 2888 

To promote the provision of exercise and fitness equipment that is accessible 

to individuals with disabilities. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2014 

Mr. HARKIN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To promote the provision of exercise and fitness equipment 

that is accessible to individuals with disabilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Exercise and Fitness 

5 For All Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Individuals with disabilities can maintain 

9 and improve their health through appropriate phys10 ical activity. 


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1 (2) In the 2008 Physical Activity Guidelines for 

2 Americans (referred to as the ‘‘Guidelines’’), the De3 partment of Health and Human Services rec4 ommends that individuals with disabilities, who are 

5 able, participate in regular aerobic activity. 

6 (3) The Guidelines also recommend that adults 

7 with disabilities, who are able, do muscle-strength8 ening activities of moderate or high intensity on 2 

9 or more days a week, as these activities provide ad10 ditional health benefits. 

11 (4) The Guidelines recommend that when 

12 adults with disabilities are not able to meet the 

13 Guidelines, they should engage in regular physical 

14 activity according to their abilities and avoid inac15 tivity. 

16 (5) Unfortunately, many individuals with dis17 abilities are unable to engage in the recommended 

18 exercise or fitness activities due to the inaccessibility 

19 of exercise or fitness equipment. 

20 (6) Physical inactivity by adults with disabilities 

21 can lead to increased risk for functional limitations 

22 and secondary health conditions. 

23 (b) PURPOSE.—The purposes of this Act are— 


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1 (1) to encourage exercise and fitness service 

2 providers to provide accessible exercise and fitness 

3 equipment for individuals with disabilities; and 

4 (2) to provide guidance about the requirements 

5 necessary to ensure that such exercise and fitness 

6 equipment is accessible to, and usable by, individuals 

7 with disabilities. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) ACCESS BOARD.—The term ‘‘Access Board’’ 

11 means the Architectural and Transportation Bar12 riers Compliance Board established under section 

13 502 of the Rehabilitation Act of 1973 (29 U.S.C. 

14 792). 

15 (2) ACCESSIBLE EXERCISE OR FITNESS EQUIP16 MENT.—The term ‘‘accessible exercise or fitness 

17 equipment’’ means exercise or fitness equipment 

18 that is accessible to, and can be independently used 

19 and operated by, individuals with disabilities. 

20 (3) EXERCISE OR FITNESS EQUIPMENT.—The 

21 term ‘‘exercise or fitness equipment’’ means devices 

22 such as motorized treadmills, stair climbers or step 

23 machines, stationary bicycles, rowing machines, 

24 weight machines, circuit training equipment, cardioVerDate Sep 11 2014 00:36 Oct 01, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2888.IS S2888

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1 vascular equipment, strength equipment, or other ex2 ercise or fitness equipment. 

3 (4) EXERCISE OR FITNESS SERVICE PRO4 VIDER.—The term ‘‘exercise or fitness service pro5 vider’’ means a fitness facility, health spa, health 

6 club, college or university facility, gymnasium, or 

7 other similar place of exercise or fitness that— 

8 (A) is considered a public accommodation 

9 under section 301 of the Americans with Dis10 abilities Act of 1990 (42 U.S.C. 12181) or is 

11 considered a public entity under section 201 of 

12 such Act (42 U.S.C. 12131); and 

13 (B) provides exercise or fitness equipment 

14 for the use of its patrons. 

15 (5) INDIVIDUAL WITH A DISABILITY.—The term 

16 ‘‘individual with a disability’’ means any person with 

17 a disability as defined in section 3 of the Americans 

18 with Disabilities Act of 1990 (42 U.S.C. 12102). 

19 (6) INDIVIDUALS WITH DISABILITIES.—The 

20 term ‘‘individuals with disabilities’’ means more than 

21 one individual with a disability. 

22 SEC. 4. EXERCISE AND FITNESS ACCESSIBILITY GUIDE23 LINES. 

24 (a) ESTABLISHMENT OF GUIDELINES.—Not later 

25 than 18 months after the date of enactment of this Act, 


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1 the Access Board shall develop and publish guidelines for 

2 exercise or fitness service providers regarding the provi3 sion of accessible exercise or fitness equipment, including 

4 relevant personnel training. 

5 (b) CONTENTS OF GUIDELINES.—The guidelines de6 scribed in subsection (a) shall— 

7 (1) be consistent with the Standard Specifica8 tion for Universal Design of Fitness Equipment for 

9 Inclusive Use by Persons with Functional Limita10 tions and Impairments of the American Society for 

11 Testing and Materials (ASTM F3021–13) (and any 

12 future revisions thereto); 

13 (2) ensure that— 

14 (A) exercise or fitness equipment is acces15 sible to, and usable by, individuals with disabil16 ities; and 

17 (B) individuals with disabilities have inde18 pendent entry to, use of, and exit from the ex19 ercise or fitness equipment, to the maximum ex20 tent possible; and 

21 (3) take into consideration the following: 

22 (A) Whether the exercise or fitness service 

23 provider is a new or existing facility. 

24 (B) Whether the exercise or fitness service 

25 provider is staffed or not. 


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1 (C) Instruction and additional assistance 

2 on the use of the accessible exercise or fitness 

3 equipment (including specific accessibility fea4 tures) for individuals with disabilities. 

5 (D) The size and overall financial re6 sources of the exercise or fitness service pro7 vider. 

8 (E) The availability of closed captioning of 

9 video programing displayed on equipment and 

10 televisions provided by an exercise or fitness 

11 service provider. 

12 (c) REVIEW AND AMENDMENT.—The Access Board 

13 shall periodically review and, as appropriate, amend the 

14 guidelines, and shall issue the resulting guidelines as re15 vised guidelines. 

16 SEC. 5. TAX CREDIT FOR EXPENDITURES TO PROVIDE AC17 CESSIBLE EXERCISE OR FITNESS EQUIP18 MENT. 

19 (a) IN GENERAL.—Paragraph (1) of section 44(c) of 

20 the Internal Revenue Code of 1986 is amended— 

21 (1) by striking ‘‘paid or incurred by an eligible 

22 small business’’ and inserting ‘‘paid or incurred— 

23 ‘‘(A) by an eligible small business’’, 

24 (2) by striking ‘‘section).’’ and inserting ‘‘sec25 tion), and’’, and 


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1 (3) by inserting at the end the following: 

2 ‘‘(B) by an eligible small business which is 

3 an exercise or fitness service provider for the 

4 purpose of providing for use by individuals with 

5 disabilities accessible exercise or fitness equip6 ment that meets the guidelines established by 

7 the Access Board under section 4 of the Exer8 cise and Fitness for All Act. 

9 Any term used in subparagraph (B) which is defined 

10 in section 3 of the Exercise and Fitness for All Act 

11 shall have the meaning given such term in such sec12 tion, as in effect on the date of the enactment of 

13 such subparagraph.’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to expenses paid or incurred in 

16 taxable years beginning after the date of the enactment 

17 of this Act. 

Æ 


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