I 119THCONGRESS 1 STSESSION H. R. 2369 To amend the Internal Revenue Code of 1986 to treat certain amounts paid for physical activity, fitness, and exercise as amounts paid for medical care. IN THE HOUSE OF REPRESENTATIVES MARCH26, 2025 Mr. K ELLYof Pennsylvania (for himself, Mr. PANETTA, and Mr. F ITZPATRICK) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to treat cer- tain amounts paid for physical activity, fitness, and exer- cise as amounts paid for medical care. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Personal Health In-4 vestment Today Act of 2025’’ or the ‘‘PHIT Act of 2025’’. 5 SEC. 2. PURPOSE. 6 The purpose of this Act is to promote health and pre-7 vent disease, particularly diseases related to being over-8 weight or obese, by— 9 VerDate Sep 11 2014 00:15 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2369.IH H2369 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 2369 IH (1) encouraging healthier lifestyles; 1 (2) providing financial incentives to ease the fi-2 nancial burden of engaging in healthy behavior; and 3 (3) increasing the ability of individuals and 4 families to participate in physical fitness activities. 5 SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, 6 FITNESS, AND EXERCISE TREATED AS 7 AMOUNTS PAID FOR MEDICAL CARE. 8 (a) I NGENERAL.—Paragraph (1) of section 213(d) 9 of the Internal Revenue Code of 1986 is amended by strik-10 ing ‘‘or’’ at the end of subparagraph (C), by striking the 11 period at the end of subparagraph (D) and inserting ‘‘, 12 or’’, and by inserting after subparagraph (D) the following 13 new subparagraph: 14 ‘‘(E) for qualified sports and fitness ex-15 penses.’’. 16 (b) Q UALIFIEDSPORTS ANDFITNESSEXPENSES.— 17 Subsection (d) of section 213 of the Internal Revenue 18 Code of 1986 is amended by adding at the end the fol-19 lowing new paragraph: 20 ‘‘(12) Q UALIFIED SPORTS AND FITNESS EX -21 PENSES.— 22 ‘‘(A) I N GENERAL.—The term ‘qualified 23 sports and fitness expenses’ means amounts 24 VerDate Sep 11 2014 00:15 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2369.IH H2369 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 2369 IH paid exclusively for the sole purpose of partici-1 pating in a physical activity including— 2 ‘‘(i) for membership at a fitness facil-3 ity, 4 ‘‘(ii) for participation or instruction in 5 physical exercise or physical activity, or 6 ‘‘(iii) for equipment used in a pro-7 gram (including a self-directed program) of 8 physical exercise or physical activity. 9 ‘‘(B) O VERALL DOLLAR LIMITATION .—The 10 aggregate amount treated as qualified sports 11 and fitness expenses with respect to any tax-12 payer for any taxable year shall not exceed 13 $1,000 ($2,000 in the case of a joint return or 14 a head of household (as defined in section 15 2(b))). 16 ‘‘(C) F ITNESS FACILITY.—For purposes of 17 subparagraph (A)(i), the term ‘fitness facility’ 18 means a facility— 19 ‘‘(i) which provides instruction in a 20 program of physical exercise, offers facili-21 ties for the preservation, maintenance, en-22 couragement, or development of physical 23 fitness, or serves as the site of such a pro-24 gram of a State or local government or an 25 VerDate Sep 11 2014 00:15 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2369.IH H2369 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 2369 IH organization described in section 501(c)(3) 1 and exempt from tax under section 501(a), 2 ‘‘(ii) which is not a private club owned 3 and operated by its members, 4 ‘‘(iii) which does not offer golf, hunt-5 ing, sailing, or riding facilities, 6 ‘‘(iv) the health or fitness component 7 of which is not incidental to its overall 8 function and purpose, and 9 ‘‘(v) which is fully compliant with the 10 State of jurisdiction and Federal anti-dis-11 crimination laws. 12 ‘‘(D) T REATMENT OF EXERCISE VIDEOS , 13 ETC.—Videos, books, and similar materials 14 shall be treated as described in subparagraph 15 (A)(ii) if the content of such materials con-16 stitutes instruction in a program of physical ex-17 ercise or physical activity. 18 ‘‘(E) L IMITATIONS RELATED TO SPORTS 19 AND FITNESS EQUIPMENT .—Amounts paid for 20 equipment described in subparagraph (A)(iii) 21 shall be treated as qualified sports and fitness 22 expenses only— 23 VerDate Sep 11 2014 00:15 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2369.IH H2369 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 2369 IH ‘‘(i) if such equipment is utilized ex-1 clusively for participation in fitness, exer-2 cise, sport, or other physical activity, 3 ‘‘(ii) in the case of amounts paid for 4 apparel or footwear, if such apparel or 5 footwear is of a type that is necessary for, 6 and is not used for any purpose other 7 than, a specific physical activity, and 8 ‘‘(iii) in the case of amounts paid for 9 any single item of sports equipment (other 10 than exercise equipment), to the extent 11 such amounts do not exceed $250. 12 ‘‘(F) P ROGRAMS WHICH INCLUDE COMPO -13 NENTS OTHER THAN PHYSICAL EXERCISE AND 14 PHYSICAL ACTIVITY.—Rules similar to the rules 15 of paragraph (6) shall apply in the case of any 16 program that includes physical exercise or phys-17 ical activity and also other components. For 18 purposes of the preceding sentence, travel and 19 accommodations shall be treated as a separate 20 component.’’. 21 (c) E FFECTIVEDATE.—The amendments made by 22 this section shall apply to taxable years beginning after 23 the date of the enactment of this Act. 24 Æ VerDate Sep 11 2014 00:15 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2369.IH H2369 ssavage on LAPJG3WLY3PROD with BILLS