I 

108TH CONGRESS 

1ST SESSION H. R. 2145

To condition the minimum-wage-exempt status of organized camps under 

the Fair Labor Standards Act of 1938 on compliance with certain safety 

standards, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2003

Mr. ANDREWS introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL

To condition the minimum-wage-exempt status of organized 

camps under the Fair Labor Standards Act of 1938 

on compliance with certain safety standards, and for 

other purposes.

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 ‘‘Camp Safety Act of 

5 2003’’. 
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1 SEC. 2. REQUIREMENT FOR ORGANIZED CAMPS TO CON2 TINUE MINIMUM-WAGE-EXEMPT STATUS. 

3 Section 13(a) of the Fair Labor Standards Act of 

4 1938 (29 U.S.C. 213(a)) is amended as follows: 

5 (1) In paragraph (3), by inserting ‘‘(subject to 

6 paragraph (18))’’ after ‘‘organized camp’’. 

7 (2) In paragraph (17), by striking the period at 

8 the end and inserting ‘‘; or’’. 

9 (3) By adding at the end the following new 

10 paragraph: 

11 ‘‘(18) an organized camp under paragraph (3), 

12 if such camp—

13 ‘‘(A) provides personal health, first aid and 

14 medical services, health supervision, and main15 tenance of camp-related health records for 

16 campers; 

17 ‘‘(B) adheres to applicable State and local 

18 standards regarding—

19 ‘‘(i) fire and building safety relating 

20 to the buildings and the occupants of 

21 buildings used by such camp; and 

22 ‘‘(ii) sanitation relating to camp per23 sonnel, buildings, and grounds; 

24 ‘‘(C) reports annually to the Secretary, on 

25 a date prescribed by the Secretary, all incidents 

26 resulting in death, injury, or illness, other than 
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1 minor injuries which require only first aid treat2 ment and which do not involve medical treat3 ment, loss of consciousness, restriction of activ4 ity or motion, or premature termination of a 

5 camper’s term at the camp; 

6 ‘‘(D) provides access to the Secretary for 

7 inspection or investigation of such camp under 

8 section 3 of the Camp Safety Act of 2001; 

9 ‘‘(E)(i) conducts criminal background 

10 checks of all camp employees for convictions 

11 under Federal and State laws; 

12 ‘‘(ii) maintains a record of such checks for 

13 at least 6 months after the date of termination 

14 of such an employee’s employment; and 

15 ‘‘(iii) makes such records available to the 

16 Secretary upon the request of the Secretary; 

17 and 

18 ‘‘(F) maintains a ratio of at least 1 life19 guard for every 30 camper swimmers.’’. 

20 SEC. 3. ENFORCEMENT BY SECRETARY OF LABOR. 

21 (a) IN GENERAL.—The Secretary of Labor shall 

22 monitor and enforce compliance of organized camps sub23 ject to section 13(a)(18) of the Fair Labor Standards Act 

24 of 1938 (29 U.S.C. 213(a)(18)). In monitoring and en25 forcing such compliance, the Secretary shall—
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1 (1) implement a system for the routine report2 ing of fatalities and serious injuries or illnesses; 

3 (2) implement procedures for conducting in4 spection and verifying information provided to the 

5 Secretary by such camps; 

6 (3) investigate complaints received regarding 

7 such camps; 

8 (4) require appropriate training, including 

9 knowledge of outdoor camping, for camp inspectors; 

10 and 

11 (5) compile statistics based on the information 

12 in the reports required to be submitted by such 

13 camps under subparagraph (C) of section 13(a)(18) 

14 of such Act (29 U.S.C. 213(a)(18)(C)); and 

15 (6) based at least in part on the statistics com16 piled under such subparagraph (C), determine the 

17 areas in which additional safety standards are nec18 essary and prescribe appropriate regulations. 

19 (b) INVESTIGATIVE AUTHORITY.—In monitoring and 

20 enforcing compliance under subsection (a), the Secretary 

21 of Labor may—

22 (1) enter and inspect such a camp and its 

23 records, question the employees of such camp, and 

24 investigate facts, conditions, practices, or other mat-
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1 ters, to the extent the Secretary deems necessary or 

2 appropriate; and 

3 (2) administer oaths and examine witnesses 

4 under oath, issue subpoenas, and compel the attend5 ance of witnesses and other relevant records. 

6 SEC. 4. EFFECT ON STATE LAW. 

7 (a) EQUAL OR GREATER PROTECTION UNDER STATE

8 LAW.—Section 13(a)(18) of the Fair Labor Standards 

9 Act of 1938 (29 U.S.C. 213(a)(18)) preempts a State’s 

10 laws regarding camp safety, unless the Secretary of Labor 

11 determines that such State’s laws provide substantially the 

12 same, or greater, protection for campers as such section. 

13 Such State’s laws are only preempted to the extent that 

14 the Secretary determines that they provide lesser protec15 tion for campers than such section. 

16 (b) JUDICIAL REVIEW OF DETERMINATION BY SEC17 RETARY.—A State aggrieved by a determination under 

18 subsection (a) may bring an action in an appropriate 

19 United States district court for review of such determina20 tion. 

21 (c) EFFECT OF COMPLIANCE WITH EQUIVALENT

22 STATE LAW.—A person that complies with a State law 

23 which the Secretary of Labor has determined under sub24 section (a) provides substantially the same, or greater, 

25 protection for campers as section 13(a)(18) of the Fair 
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1 Labor Standards Act of 1938 (29 U.S.C. 213(a)(18)) 

2 shall be deemed to have complied with the requirements 

3 of such section.

Æ