I 
116TH CONGRESS 
1ST SESSION H. R. 4561 
To promote the provision of exercise or fitness equipment, and exercise or 
fitness classes and instruction, that are accessible to individuals with 
disabilities. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2019 
Mr. DESAULNIER (for himself and Mr. YOUNG) introduced the following bill; 
which was referred to the Committee on Education and Labor 
A BILL 
To promote the provision of exercise or fitness equipment, 
and exercise or fitness classes and instruction, that are 
accessible to individuals with disabilities. 
Be it enacted by the Senate and House of Representa-
tives 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: 
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(1) Individuals with disabilities can maintain 
and improve their health through appropriate phys-
ical activity. 
(2) In the 2018 Physical Activity Guidelines for 
Americans (referred to in this section as the ‘‘Guide-
lines’’), the Department of Health and Human Serv-
ices 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 strength-
ening activities of moderate or high intensity on two 
or more days a week, as these activities provide ad-
ditional 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 inac-
tivity. 
(5) Physical inactivity by adults with disabilities 
can lead to increased risk for functional limitations 
and secondary health conditions. 
(6) Many individuals with disabilities are unable 
to engage in the exercises or fitness activities rec-
ommended in the Guidelines due to the failure of ex-
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ercise or fitness service providers to provide acces-
sible exercise or fitness equipment. 
(7) The failure to provide accessible exercise or 
fitness equipment constitutes discrimination in viola-
tion of the Americans with Disabilities Act of 1990 
(referred to in this section as the ‘‘ADA’’). 
(b) PURPOSE.—The purpose of this Act is— 
(1) to carry out the ADA’s objectives of pro-
viding ‘‘a clear and comprehensive national mandate 
for the elimination of discrimination’’ and ‘‘clear, 
strong, consistent, enforceable standards addressing 
discrimination’’; and 
(2) specifically, to carry out those objectives by 
issuing guidelines and regulations for exercise or fit-
ness service providers specifying the accessible exer-
cise or fitness equipment, and the accessible exercise 
or fitness classes and instruction, necessary to en-
sure that individuals with disabilities can— 
(A) obtain the benefits of physical activity; 
and 
(B) fully participate in the services offered 
by exercise or fitness service providers. 
SEC. 3. DEFINITIONS. 
In this Act: 
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(1) ACCESS BOARD.—The term ‘‘Access Board’’ 
means the Architectural and Transportation Bar-
riers Compliance Board established under section 
502 of the Rehabilitation Act of 1973 (29 U.S.C. 
792). 
(2) ACCESSIBLE EXERCISE OR FITNESS EQUIP-
MENT.—The term ‘‘accessible exercise or fitness 
equipment’’— 
(A) means exercise or fitness equipment 
that is accessible to, and can be independently 
used and operated by, individuals with disabil-
ities; and 
(B) includes equipment that complies 
with— 
(i) the American Society for Testing 
and Materials (referred to in this section 
as ‘‘ASTM’’) Standard Specification for 
Universal Design of Fitness Equipment for 
Inclusive Use by Persons with Functional 
Limitations 
and 
Impairments, 
ASTM 
F3021–17 (or any corresponding similar 
ASTM standard); and 
(ii) other ASTM standards with speci-
fications for inclusive use of specific exer-
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cise or fitness equipment, such as bicycles 
or strength equipment. 
(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, cardio-
vascular equipment, strength equipment, or other 
similar equipment. 
(4) EXERCISE
OR
FITNESS
SERVICE
PRO-
VIDER.—The term ‘‘exercise or fitness service pro-
vider’’— 
(A) means an entity that— 
(i) provides exercise or fitness equip-
ment, or exercise or fitness classes or in-
struction, for the use of patrons; and 
(ii) is considered a public accommoda-
tion 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) includes a stand-alone exercise or fit-
ness center and an exercise or fitness center 
within an entity such as a hotel, retirement 
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community, gymnasium, elementary or sec-
ondary school, or institution of higher edu-
cation. 
(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). 
SEC. 4. EXERCISE AND FITNESS ACCESSIBILITY GUIDE-
LINES AND REGULATIONS. 
(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 provi-
sion of accessible exercise or fitness equipment. 
(b) CONTENTS OF GUIDELINES.—The guidelines de-
scribed in subsection (a) shall ensure that the appropriate 
number of items and types of accessible exercise or fitness 
equipment are provided by an exercise or fitness service 
provider. 
(c) REVIEW AND AMENDMENT.— 
(1) REVISION.—The Access Board shall periodi-
cally review and, as appropriate, amend the guide-
lines, and shall issue the resulting guidelines as re-
vised guidelines. 
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(2) INAPPLICABILITY OF REGULATORY ELIMI-
NATION
PROVISION.—Executive Order 13771 (5 
U.S.C. 601 note; relating to reducing regulation and 
controlling regulatory costs) shall not apply to this 
Act. 
(d) REGULATIONS.— 
(1) IN GENERAL.—Not later than 18 months 
after the Access Board issues guidelines under this 
section, the Department of Justice shall issue regu-
lations regarding the provision of accessible exercise 
or fitness equipment and accessibility of exercise or 
fitness classes and instruction. 
(2) EQUIPMENT.—With respect to the provision 
of exercise or fitness equipment, the regulations 
shall be consistent with the Access Board guidelines. 
(3) EXERCISE OR FITNESS CLASSES AND IN-
STRUCTION.—The regulations shall— 
(A) ensure that exercise or fitness classes 
and instruction offered by the service provider 
are accessible to individuals with disabilities; 
and 
(B) 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 equipment. 
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(4) CONSIDERATIONS.—In issuing the regula-
tions, the Department of Justice shall take into con-
sideration each of the following: 
(A) Whether the exercise or fitness service 
provider is providing equipment, classes, or in-
struction at a new or existing facility. 
(B) The size of the exercise or fitness facil-
ity. 
(C) The availability of closed captioning of 
video programming displayed on equipment or a 
television provided by the exercise or fitness 
service provider. 
Æ 
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