I

104TH CONGRESS

1ST SESSION H. R. 1194

To require recreational camps to report information concerning deaths and

certain injuries and illnesses to the Secretary of Health and Human

Services, to direct the Secretary to collect the information in a central

data system, to establish a President’s Advisory Council on Recreational

Camps, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 9, 1995

Mr. SHAYS (for himself and Mr. PARKER) introduced the following bill; which

was referred to the Committee on Economic and Educational Opportunities

A BILL

To require recreational camps to report information concerning deaths and certain injuries and illnesses to the Secretary of Health and Human Services, to direct the

Secretary to collect the information in a central data

system, to establish a President’s Advisory Council on

Recreational Camps, 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 ‘‘Recreational Camp

5 Safety Act’’.
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1 SEC. 2. DEFINITIONS.

2 For purposes of this Act:

3 (1) CAMPER.—The term ‘‘camper’’ means an

4 individual who is attending a recreational camp

5 and—

6 (A) is less than 18 years of age; or

7 (B) is an individual with special needs.

8 (2) COUNCIL.—The term ‘‘Council’’ means the

9 President’s Advisory Council on Recreational Camps

10 established by section 201.

11 (3) DAY CAMP.—The term ‘‘day camp’’ means

12 a camp that is operated on a permanent campsite

13 for less than 24 hours a day and for at least 5 days

14 during a 2-week period, but does not include—

15 (A) a swimming facility operated by a pub16 lic agency or a private organization on a mem17 bership basis, to the extent that the facility is

18 not used as part of a recreational camp;

19 (B) a day care center, to the extent that

20 the center is not used as part of a recreational

21 camp; or

22 (C) a playground or other recreational fa23 cility provided for neighborhood use by a local

24 public agency.

25 (4) INDIVIDUAL WITH SPECIAL NEEDS.—The

26 term ‘‘individual with special needs’’ means an indi-
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1 vidual who has a physical or mental impairment that

2 substantially limits 1 or more of the individual’s

3 major life activities.

4 (5) MEDICAL INCIDENT.—The term ‘‘medical

5 incident’’ means—

6 (A) a death of a camper, staff member,

7 recreational camp operator, or recreational

8 camp director; or

9 (B) an injury or illness of such an individ10 ual that—

11 (i) is treated by a physician or nurse;

12 and

13 (ii) results in the affected individual—

14 (I) returning to the individual’s

15 permanent residence from a residen16 tial camp;

17 (II) being admitted to a hospital;

18 or

19 (III) having a laboratory analysis

20 or X-ray performed that results in a

21 positive diagnosis.

22 (6) NONPROFIT.—The term ‘‘nonprofit’’, when

23 used with respect to a person, means a person—
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1 (A) described in section 501(c)(3) of the

2 Internal Revenue Code of 1986 (26 U.S.C.

3 501(c)); and

4 (B) exempt from taxation under section

5 501(a) of such Code (26 U.S.C. 501(a)).

6 (7) PERMANENT CAMPSITE.—The term ‘‘per7 manent campsite’’ means a premises that is continu8 ously or periodically used for camping purposes by

9 a recreational camp operator.

10 (8) RECREATIONAL CAMP.—The term ‘‘rec11 reational camp’’ means a day camp, residential

12 camp, travel camp, or trip camp located on private

13 or public land that—

14 (A) is conducted for 10 or more campers;

15 (B) offers recreational camp activities that

16 are conducted under the auspices of a rec17 reational camp operator or recreational camp

18 director; and

19 (C) is owned or operated by a recreational

20 camp operator.

21 (9) RECREATIONAL CAMP ACTIVITIES.—The

22 term ‘‘recreational camp activities’’ includes swim23 ming, diving, boating, lifesaving, canoeing, sailing,

24 skindiving, archery, riflery, horseback riding, hiking,
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1 tennis, mountain climbing, other sports and athlet2 ics, campcraft, and nature study activities.

3 (10) RECREATIONAL CAMP DIRECTOR.—The

4 term ‘‘recreational camp director’’ means the indi5 vidual on the premises of a recreational camp who

6 has the primary responsibility for the administration

7 of program operations and support services for the

8 camp and for the supervision of the staff members

9 of the camp.

10 (11) RECREATIONAL CAMP OPERATOR.—The

11 term ‘‘recreational camp operator’’ means a person

12 or governmental agency who owns or operates a rec13 reational camp, regardless of whether the camp is

14 nonprofit.

15 (12) RESIDENTIAL CAMP.—The term ‘‘residen16 tial camp’’ means a camp that is operated on a per17 manent campsite 24 hours a day for 4 or more days.

18 (13) SECRETARY.—The term ‘‘Secretary’’

19 means the Secretary of Health and Human Services.

20 (14) SEXUAL ABUSE.—The term ‘‘sexual

21 abuse’’ has the meaning given such term in section

22 226(c) of the Crime Control Act of 1990 (42 U.S.C.

23 13031).

24 (15) STAFF MEMBER.—The term ‘‘staff mem25 ber’’ means an individual who is employed by a rec-
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1 reational camp operator to supervise, direct, or con2 trol recreational camp activities, regardless of wheth3 er the individual is compensated for the individual’s

4 services.

5 (16) STATE.—The term ‘‘State’’ means any of

6 the several States, the District of Columbia, the Vir7 gin Islands, the Commonwealth of Puerto Rico,

8 Guam, and American Samoa.

9 (17) TRAVEL CAMP.—The term ‘‘travel camp’’

10 means a camp that is operated 24 hours a day over

11 a period of 2 or more days and that uses motorized

12 transportation to move campers as a group from 1

13 site to another.

14 (18) TRIP CAMP.—The term ‘‘trip camp’’

15 means a camp that is operated 24 hours a day over

16 a period of 2 or more days and that moves campers

17 under their own power or by a transportation mode

18 permitting individual guidance of a vehicle or animal

19 from 1 site to another.
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1 TITLE I—RECREATIONAL CAMP

2 REPORTING REQUIREMENTS

3 AND DATA BASE

4 SEC. 101. RECREATIONAL CAMP REPORTING REQUIRE5 MENTS.

6 (a) IN GENERAL.—A recreational camp in a State

7 shall report to the Secretary of Health and Human Serv8 ices—

9 (1) each medical incident that occurs at the

10 camp; and

11 (2) each incident of sexual abuse that—

12 (A) is alleged to have occurred at the

13 camp;

14 (B) is alleged to involve a camper or staff

15 member as a victim; and

16 (C) has previously been reported to an17 other governmental agency.

18 (b) REPORTING OFFICIALS.—The recreational camp

19 director or recreational camp operator of the camp in20 volved shall make the report required under subsection

21 (a).

22 (c) TIMING.—

23 (1) REPORT OF MEDICAL INCIDENT.—A medi24 cal incident shall be reported to the Secretary within

25 the 7-day period beginning on the date of the occur-
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1 rence of an event described in subparagraph (A), or

2 subclause (I), (II), or (III) of subparagraph (B)(ii),

3 of section 2(5).

4 (2) REPORT OF SEXUAL ABUSE ALLEGATION.—

5 An allegation of sexual abuse shall be reported to

6 the Secretary within the 7-day period beginning on

7 the 1st date that the allegation is reported to a gov8 ernmental agency.

9 (d) METHODS OF REPORTING.—

10 (1) OBLIGATIONS OF CAMP.—The report re11 quired in subsection (a) shall be made by—

12 (A) verbally reporting to the Secretary,

13 through a toll-free, long-distance telephone line

14 provided by the Secretary, the information con15 cerning the incident that the Secretary may re16 quest; or

17 (B) mailing to the Secretary a written re18 port concerning the incident on a form pre19 scribed by the Secretary.

20 (2) OBLIGATIONS OF SECRETARY.—The Sec21 retary shall—

22 (A) establish the telephone line referred to

23 in paragraph (1)(A) and publish information on

24 access to the line in a manner that, to the ex-
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1 tent practicable, will notify recreational camp

2 operators of its availability;

3 (B) consult with State agencies that have

4 legal responsibility for public health under State

5 law in developing the form referred to in para6 graph (1)(B); and

7 (C) prescribe the form referred to in para8 graph (1)(B) and publish information on the

9 form in a manner that, to the extent prac10 ticable, will notify recreational camp operators

11 of its availability.

12 SEC. 102. RECREATIONAL CAMP DATA BASE.

13 (a) IN GENERAL.—The Secretary shall collect in a

14 central data system the information reported under sec15 tion 101. The Secretary shall collect the information in

16 a manner that will enable the Secretary to compile sepa17 rate statistics concerning incidents that involve—

18 (1) campers; and

19 (2) staff members, recreational camp operators,

20 and recreational camp directors.

21 (b) ANNUAL REPORT.—Not later than December 31

22 of each year that occurs more than 2 years after the date

23 of the enactment of this Act, the Secretary shall submit

24 to the President, the Congress, the National Association

25 of Governors, and the National Association of State Legis-
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1 latures, a report setting forth a comprehensive analysis of

2 the information reported under section 101 during the

3 year.

4 (c) ADVISORIES.—The Secretary shall evaluate on an

5 ongoing basis whether the incidents reported under section

6 101 could have been prevented through increased over7 sight or regulation of recreational camps or increased en8 forcement of laws applicable to recreational camps. At the

9 discretion of the Secretary, the Secretary may issue

10 advisories to States that will assist them in the prevention

11 of deaths, injuries, and illnesses at recreational camps.

12 SEC. 103. RECREATIONAL CAMP MEDICAL LOG.

13 (a) IN GENERAL.—

14 (1) INCIDENTS RECORDED.—A recreational

15 camp shall record in a medical log information con16 cerning—

17 (A) an incident that is required to be re18 ported under section 101; and

19 (B) other illnesses and injuries that occur

20 at the camp that the Secretary may prescribe

21 by regulation.

22 (2) INFORMATION RECORDED.—A medical log

23 required under paragraph (1) shall specify—

24 (A) whether a death, illness, injury, or alle25 gation of sexual abuse involves a camper, staff
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1 member, recreational camp operator, or rec2 reational camp director;

3 (B) the cause and nature of the death, ill4 ness, injury, or allegation of sexual abuse, to

5 the greatest extent practicable; and

6 (C) any other information that the Sec7 retary may prescribe by regulation.

8 (b) RECORDING OFFICERS.—The recreational camp

9 operator of the camp involved or such person’s delegate

10 shall record the information referred to in subsection (a).

11 (c) TIMING OF RECORDING.—The recording of the

12 information referred to in subsection (a) shall take place

13 pursuant to deadlines that the Secretary shall prescribe

14 by regulation.

15 (d) MAINTENANCE AT CAMP.—A medical log re16 quired in subsection (a) shall remain at a recreational

17 camp during the hours of operation of the camp, except

18 the log may be removed for purposes of—

19 (1) transporting it to a physician, nurse, or

20 medical facility in the event of an emergency; or

21 (2) examination by the Secretary.

22 (e) RETENTION OF ENTRIES.—A recreational camp

23 may dispose of a portion of a medical log required in sub24 section (a) that contains only entries made in the log more

25 than 2 years before the date of disposal.
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1 (f) ACCESS.—The Secretary shall have access, for the

2 purpose of examination, to a medical log required in sub3 section (a). A State agency that has legal responsibility

4 for public health under the law of the State in which a

5 recreational camp is located shall also have access, for the

6 purpose of examination, to the medical log of the camp.

7 SEC. 104. ENFORCEMENT OF REPORTING AND RECORDING

8 REQUIREMENTS.

9 (a) IN GENERAL.—If a recreational camp in a State

10 fails to comply with a requirement imposed on it by this

11 title, the Secretary shall advise of such failure—

12 (1) each State agency that has legal responsibil13 ity for public health under the law of the State; and

14 (2) each State agency that issues a license to

15 the camp.

16 (b) OTHER ENFORCEMENT MECHANISMS.—Not later

17 than the expiration of the 3-year period beginning on the

18 date of the enactment of this Act, the Secretary shall sub19 mit to the Congress recommendations concerning any ad20 ditional enforcement mechanisms the Secretary deter21 mines are necessary to enforce the provisions of this title,

22 including civil money penalties.
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1 SEC. 105. EFFECTIVE DATE.

2 (a) IN GENERAL.—Except as provided in subsection

3 (b), the provisions of this title shall take effect 1 year after

4 the date of the enactment of this Act.

5 (b) PROVISIONS EFFECTIVE IMMEDIATELY.—Sec6 tions 101(d)(2), 102(b), and 104(b) shall take effect on

7 the enactment of this Act.

8 TITLE II—PRESIDENT’S ADVI9 SORY COUNCIL ON REC10 REATIONAL CAMPS

11 SEC. 201. ESTABLISHMENT.

12 There is established a council to be known as the

13 President’s Advisory Council on Recreational Camps.

14 SEC. 202. DUTIES.

15 (a) IN GENERAL.—The Council shall develop model

16 safety guidelines for recreational camps.

17 (b) SPECIFIC ISSUES.—In fulfilling the duty de18 scribed in subsection (a), the Council shall consider—

19 (1) qualifications for recreational camp direc20 tors, staff members, and health personnel;

21 (2) appropriate ratios of campers to staff mem22 bers;

23 (3) fire and lightening safety;

24 (4) housing and plumbing construction;

25 (5) waterfront safety;

26 (6) written fire and safety plans;
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1 (7) special supervision and equipment for high2 risk activities such as aquatics, riflery, archery, and

3 horseback riding; and

4 (8) special requirements for individuals with

5 special needs.

6 (c) STATE LAWS.—The Council shall study the laws

7 and guidelines of States concerning camp safety.

8 (d) NEED FOR FEDERAL LAW.—The Council shall

9 consider whether and by what means States could be en10 couraged to adopt the model safety guidelines developed

11 by the Council, including consideration of financial incen12 tives. The Council shall formulate a recommendation con13 cerning whether the guidelines should be incorporated in

14 Federal law.

15 SEC. 203. MEMBERSHIP.

16 (a) NUMBER AND APPOINTMENT.—The Council shall

17 be composed of 9 members appointed by the President.

18 The Council shall consist of the following members:

19 (1) 1 individual from the general public who

20 has a special interest in recreational camps;

21 (2) 1 individual from a private nonprofit orga22 nization that operates a recreational camp for indi23 viduals with special needs;

24 (3) 1 individual from an organization that has

25 a special interest in safety;
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1 (4) 2 recreational camp operators from non2 profit recreational camps;

3 (5) 2 recreational camp operators from rec4 reational camps that are not nonprofit; and

5 (6) 2 State officials who exercise responsibility

6 for recreational camp safety in their respective

7 States.

8 (b) CONTINUATION OF MEMBERSHIP.—Any individ9 ual appointed under subsection (a) who ceases to fulfill

10 the requirements contained in the paragraph under which

11 such individual was appointed because of a change in such

12 individual’s status may continue as a member of the Coun13 cil for not longer than the 30-day period beginning on the

14 date of such change in status.

15 (c) TERMS.—Each member shall be appointed for the

16 life of the Council.

17 (d) VACANCIES.—A vacancy in the Council shall be

18 filled not later than 30 days after the date of the creation

19 of the vacancy in the manner in which the original ap20 pointment was made.

21 (e) COMPENSATION.—

22 (1) RATES OF PAY.—Except as provided in

23 paragraph (2), members of the Council shall serve

24 without pay.
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1 (2) TRAVEL EXPENSES.—Each member of the

2 Council shall receive travel expenses, including per

3 diem in lieu of subsistence, in accordance with sec4 tions 5702 and 5703 of title 5, United States Code.

5 (f) QUORUM.—5 members of the Council shall con6 stitute a quorum, but a lesser number may hold hearings,

7 take testimony, or receive evidence.

8 (g) CHAIRPERSON.—The chairperson of the Council

9 shall be elected by a majority vote of the members of the

10 Council.

11 (h) MEETINGS.—The Council shall meet at the call

12 of a majority of the members of the Council.

13 SEC. 204. STAFF AND SUPPORT SERVICES.

14 (a) DIRECTOR.—The Council shall have a director

15 appointed by the Council and paid at a rate not to exceed

16 the minimum rate of basic pay payable for GS–13 of the

17 General Schedule.

18 (b) STAFF.—The Council may appoint and fix the

19 pay of additional personnel as it considers appropriate, ex20 cept that an individual so appointed may not receive pay

21 in excess of the maximum rate of basic pay payable for

22 GS–11 of the General Schedule.

23 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

24 LAWS.—The director and staff of the Council may be ap25 pointed without regard to the provisions of title 5, United
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1 States Code, governing appointments in the competitive

2 service, and may be paid without regard to the provisions

3 of chapter 51 and subchapter III of chapter 53 of that

4 title relating to classification and General Schedule pay

5 rates, except as provided in subsections (a) and (b).

6 (d) STAFF OF FEDERAL AGENCIES.—Upon request

7 of the Council, the head of any Federal agency may detail,

8 on a nonreimbursable basis, any of the personnel of the

9 agency to the Council to assist it in carrying out its duties

10 under this title.

11 (e) EXPERTS AND CONSULTANTS.—The Council may

12 procure temporary and intermittent services under section

13 3109(b) of title 5, United States Code, but at rates for

14 individuals not to exceed the daily equivalent of the mini15 mum annual rate of basic pay payable for GS–13 of the

16 General Schedule.

17 (f) ADMINISTRATIVE SUPPORT SERVICES.—The Ad18 ministrator of General Services shall provide to the Coun19 cil on a reimbursable basis such administrative support

20 services necessary for the Council to carry out its respon21 sibilities under this title.

22 SEC. 205. POWERS.

23 (a) HEARINGS AND SESSIONS.—The Council may, for

24 the purpose of carrying out this title, hold hearings, sit

25 and act at times and places, take testimony, and receive
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1 evidence as the Council considers appropriate. The Council

2 may administer oaths or affirmations to witnesses appear3 ing before it.

4 (b) DELEGATION OF AUTHORITY.—Any member or

5 agent of the Council may, if authorized by the Council,

6 take any action that the Council is authorized to take by

7 this section.

8 (c) INFORMATION.—

9 (1) IN GENERAL.—The Council may secure di10 rectly from any Federal agency information nec11 essary to enable it to carry out this title. Upon re12 quest of the Council, the head of the Federal agency

13 shall furnish the information to the Council.

14 (2) EXCEPTION.—Paragraph (1) shall not

15 apply to any information that the Council is prohib16 ited to secure or request by another law.

17 (d) MAILS.—The Council may use the United States

18 mails in the same manner and under the same conditions

19 as other Federal agencies.

20 (e) CONTRACT AUTHORITY.—The Council may con21 tract with and compensate government and private agen22 cies or persons for supplies or services without regard to

23 section 3709 of the Revised Statutes (41 U.S.C. 5).
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1 SEC. 206. REPORT.

2 Not later than the expiration of the 1-year period be3 ginning on the date of the appointment of the last member

4 of the Council to be appointed under section 203(a), the

5 Council shall submit to the President, the Congress, the

6 National Association of Governors, and the National Asso7 ciation of State Legislatures a final report containing the

8 model safety guidelines developed by the Council and the

9 other findings, conclusions, and recommendations of the

10 Council.

11 SEC. 207. TERMINATION.

12 The Council shall terminate not later than the expira13 tion of the 60-day period beginning on the date on which

14 the Commission submits its final report under section 206.

15 SEC. 208. BUDGET COMPLIANCE.

16 Any spending authority (as defined in subparagraphs

17 (A) and (C) of section 401(c)(2) of the Congressional

18 Budget Act of 1974 (2 U.S.C. 651(c)(2)(A))) authorized

19 by this title shall be effective only to such extent or in

20 such amounts as are provided in appropriation Acts.

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