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 concern-
ing deaths and certain injuries and illnesses to the Sec-
retary 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.
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 ‘‘Recreational Camp
Safety Act’’.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) CAMPER.—The term ‘‘camper’’ means an
individual who is attending a recreational camp
and—
(A) is less than 18 years of age; or
(B) is an individual with special needs.
(2) COUNCIL.—The term ‘‘Council’’ means the
President’s Advisory Council on Recreational Camps
established by section 201.
(3) DAY CAMP.—The term ‘‘day camp’’ means
a camp that is operated on a permanent campsite
for less than 24 hours a day and for at least 5 days
during a 2-week period, but does not include—
(A) a swimming facility operated by a pub-
lic agency or a private organization on a mem-
bership basis, to the extent that the facility is
not used as part of a recreational camp;
(B) a day care center, to the extent that
the center is not used as part of a recreational
camp; or
(C) a playground or other recreational fa-
cility provided for neighborhood use by a local
public agency.
(4) INDIVIDUAL
WITH
SPECIAL
NEEDS.—The
term ‘‘individual with special needs’’ means an indi-
vidual who has a physical or mental impairment that
substantially limits 1 or more of the individual’s
major life activities.
(5) MEDICAL
INCIDENT.—The term ‘‘medical
incident’’ means—
(A) a death of a camper, staff member,
recreational camp operator, or recreational
camp director; or
(B) an injury or illness of such an individ-
ual that—
(i) is treated by a physician or nurse;
and
(ii) results in the affected individual—
(I) returning to the individual’s
permanent residence from a residen-
tial camp;
(II) being admitted to a hospital;
or
(III) having a laboratory analysis
or X-ray performed that results in a
positive diagnosis.
(6) NONPROFIT.—The term ‘‘nonprofit’’, when
used with respect to a person, means a person—
(A) described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C.
501(c)); and
(B) exempt from taxation under section
501(a) of such Code (26 U.S.C. 501(a)).
(7) PERMANENT
CAMPSITE.—The term ‘‘per-
manent campsite’’ means a premises that is continu-
ously or periodically used for camping purposes by
a recreational camp operator.
(8) RECREATIONAL
CAMP.—The term ‘‘rec-
reational camp’’ means a day camp, residential
camp, travel camp, or trip camp located on private
or public land that—
(A) is conducted for 10 or more campers;
(B) offers recreational camp activities that
are conducted under the auspices of a rec-
reational camp operator or recreational camp
director; and
(C) is owned or operated by a recreational
camp operator.
(9) RECREATIONAL
CAMP
ACTIVITIES.—The
term ‘‘recreational camp activities’’ includes swim-
ming, diving, boating, lifesaving, canoeing, sailing,
skindiving, archery, riflery, horseback riding, hiking,
tennis, mountain climbing, other sports and athlet-
ics, campcraft, and nature study activities.
(10) RECREATIONAL
CAMP
DIRECTOR.—The
term ‘‘recreational camp director’’ means the indi-
vidual on the premises of a recreational camp who
has the primary responsibility for the administration
of program operations and support services for the
camp and for the supervision of the staff members
of the camp.
(11) RECREATIONAL
CAMP
OPERATOR.—The
term ‘‘recreational camp operator’’ means a person
or governmental agency who owns or operates a rec-
reational camp, regardless of whether the camp is
nonprofit.
(12) RESIDENTIAL CAMP.—The term ‘‘residen-
tial camp’’ means a camp that is operated on a per-
manent campsite 24 hours a day for 4 or more days.
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Health and Human Services.
(14) 
SEXUAL
ABUSE.—The 
term 
‘‘sexual
abuse’’ has the meaning given such term in section
226(c) of the Crime Control Act of 1990 (42 U.S.C.
13031).
(15) STAFF MEMBER.—The term ‘‘staff mem-
ber’’ means an individual who is employed by a rec-
reational camp operator to supervise, direct, or con-
trol recreational camp activities, regardless of wheth-
er the individual is compensated for the individual’s
services.
(16) STATE.—The term ‘‘State’’ means any of
the several States, the District of Columbia, the Vir-
gin Islands, the Commonwealth of Puerto Rico,
Guam, and American Samoa.
(17) TRAVEL CAMP.—The term ‘‘travel camp’’
means a camp that is operated 24 hours a day over
a period of 2 or more days and that uses motorized
transportation to move campers as a group from 1
site to another.
(18) TRIP
CAMP.—The term ‘‘trip camp’’
means a camp that is operated 24 hours a day over
a period of 2 or more days and that moves campers
under their own power or by a transportation mode
permitting individual guidance of a vehicle or animal
from 1 site to another.
TITLE I—RECREATIONAL CAMP
REPORTING REQUIREMENTS
AND DATA BASE
SEC. 101. RECREATIONAL CAMP REPORTING REQUIRE-
MENTS.
(a) IN GENERAL.—A recreational camp in a State
shall report to the Secretary of Health and Human Serv-
ices—
(1) each medical incident that occurs at the
camp; and
(2) each incident of sexual abuse that—
(A) is alleged to have occurred at the
camp;
(B) is alleged to involve a camper or staff
member as a victim; and
(C) has previously been reported to an-
other governmental agency.
(b) REPORTING OFFICIALS.—The recreational camp
director or recreational camp operator of the camp in-
volved shall make the report required under subsection
(a).
(c) TIMING.—
(1) REPORT OF MEDICAL INCIDENT.—A medi-
cal incident shall be reported to the Secretary within
the 7-day period beginning on the date of the occur-
rence of an event described in subparagraph (A), or
subclause (I), (II), or (III) of subparagraph (B)(ii),
of section 2(5).
(2) REPORT OF SEXUAL ABUSE ALLEGATION.—
An allegation of sexual abuse shall be reported to
the Secretary within the 7-day period beginning on
the 1st date that the allegation is reported to a gov-
ernmental agency.
(d) METHODS OF REPORTING.—
(1) OBLIGATIONS
OF
CAMP.—The report re-
quired in subsection (a) shall be made by—
(A) verbally reporting to the Secretary,
through a toll-free, long-distance telephone line
provided by the Secretary, the information con-
cerning the incident that the Secretary may re-
quest; or
(B) mailing to the Secretary a written re-
port concerning the incident on a form pre-
scribed by the Secretary.
(2) OBLIGATIONS
OF
SECRETARY.—The Sec-
retary shall—
(A) establish the telephone line referred to
in paragraph (1)(A) and publish information on
access to the line in a manner that, to the ex-
tent practicable, will notify recreational camp
operators of its availability;
(B) consult with State agencies that have
legal responsibility for public health under State
law in developing the form referred to in para-
graph (1)(B); and
(C) prescribe the form referred to in para-
graph (1)(B) and publish information on the
form in a manner that, to the extent prac-
ticable, will notify recreational camp operators
of its availability.
SEC. 102. RECREATIONAL CAMP DATA BASE.
(a) IN GENERAL.—The Secretary shall collect in a
central data system the information reported under sec-
tion 101. The Secretary shall collect the information in
a manner that will enable the Secretary to compile sepa-
rate statistics concerning incidents that involve—
(1) campers; and
(2) staff members, recreational camp operators,
and recreational camp directors.
(b) ANNUAL REPORT.—Not later than December 31
of each year that occurs more than 2 years after the date
of the enactment of this Act, the Secretary shall submit
to the President, the Congress, the National Association
of Governors, and the National Association of State Legis-
latures, a report setting forth a comprehensive analysis of
the information reported under section 101 during the
year.
(c) ADVISORIES.—The Secretary shall evaluate on an
ongoing basis whether the incidents reported under section
101 could have been prevented through increased over-
sight or regulation of recreational camps or increased en-
forcement of laws applicable to recreational camps. At the
discretion of the Secretary, the Secretary may issue
advisories to States that will assist them in the prevention
of deaths, injuries, and illnesses at recreational camps.
SEC. 103. RECREATIONAL CAMP MEDICAL LOG.
(a) IN GENERAL.—
(1) INCIDENTS
RECORDED.—A recreational
camp shall record in a medical log information con-
cerning—
(A) an incident that is required to be re-
ported under section 101; and
(B) other illnesses and injuries that occur
at the camp that the Secretary may prescribe
by regulation.
(2) INFORMATION RECORDED.—A medical log
required under paragraph (1) shall specify—
(A) whether a death, illness, injury, or alle-
gation of sexual abuse involves a camper, staff
SEC. 105. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the provisions of this title shall take effect 1 year after
the date of the enactment of this Act.
(b) PROVISIONS EFFECTIVE IMMEDIATELY.—Sec-
tions 101(d)(2), 102(b), and 104(b) shall take effect on
the enactment of this Act.
TITLE 
II—PRESIDENT’S 
ADVI-
SORY 
COUNCIL 
ON 
REC-
REATIONAL CAMPS
SEC. 201. ESTABLISHMENT.
There is established a council to be known as the
President’s Advisory Council on Recreational Camps.
SEC. 202. DUTIES.
(a) IN GENERAL.—The Council shall develop model
safety guidelines for recreational camps.
(b) SPECIFIC ISSUES.—In fulfilling the duty de-
scribed in subsection (a), the Council shall consider—
(1) qualifications for recreational camp direc-
tors, staff members, and health personnel;
(2) appropriate ratios of campers to staff mem-
bers;
(3) fire and lightening safety;
(4) housing and plumbing construction;
(5) waterfront safety;
(6) written fire and safety plans;
(7) special supervision and equipment for high-
risk activities such as aquatics, riflery, archery, and
horseback riding; and
(8) special requirements for individuals with
special needs.
(c) STATE LAWS.—The Council shall study the laws
and guidelines of States concerning camp safety.
(d) NEED FOR FEDERAL LAW.—The Council shall
consider whether and by what means States could be en-
couraged to adopt the model safety guidelines developed
by the Council, including consideration of financial incen-
tives. The Council shall formulate a recommendation con-
cerning whether the guidelines should be incorporated in
Federal law.
SEC. 203. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Council shall
be composed of 9 members appointed by the President.
The Council shall consist of the following members:
(1) 1 individual from the general public who
has a special interest in recreational camps;
(2) 1 individual from a private nonprofit orga-
nization that operates a recreational camp for indi-
viduals with special needs;
(3) 1 individual from an organization that has
a special interest in safety;
(4) 2 recreational camp operators from non-
profit recreational camps;
(5) 2 recreational camp operators from rec-
reational camps that are not nonprofit; and
(6) 2 State officials who exercise responsibility
for recreational camp safety in their respective
States.
(b) CONTINUATION OF MEMBERSHIP.—Any individ-
ual appointed under subsection (a) who ceases to fulfill
the requirements contained in the paragraph under which
such individual was appointed because of a change in such
individual’s status may continue as a member of the Coun-
cil for not longer than the 30-day period beginning on the
date of such change in status.
(c) TERMS.—Each member shall be appointed for the
life of the Council.
(d) VACANCIES.—A vacancy in the Council shall be
filled not later than 30 days after the date of the creation
of the vacancy in the manner in which the original ap-
pointment was made.
(e) COMPENSATION.—
(1) RATES
OF
PAY.—Except as provided in
paragraph (2), members of the Council shall serve
without pay.
(2) TRAVEL EXPENSES.—Each member of the
Council shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sec-
tions 5702 and 5703 of title 5, United States Code.
(f) QUORUM.—5 members of the Council shall con-
stitute a quorum, but a lesser number may hold hearings,
take testimony, or receive evidence.
(g) CHAIRPERSON.—The chairperson of the Council
shall be elected by a majority vote of the members of the
Council.
(h) MEETINGS.—The Council shall meet at the call
of a majority of the members of the Council.
SEC. 204. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.—The Council shall have a director
appointed by the Council and paid at a rate not to exceed
the minimum rate of basic pay payable for GS–13 of the
General Schedule.
(b) STAFF.—The Council may appoint and fix the
pay of additional personnel as it considers appropriate, ex-
cept that an individual so appointed may not receive pay
in excess of the maximum rate of basic pay payable for
GS–11 of the General Schedule.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The director and staff of the Council may be ap-
pointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of that
title relating to classification and General Schedule pay
rates, except as provided in subsections (a) and (b).
(d) STAFF OF FEDERAL AGENCIES.—Upon request
of the Council, the head of any Federal agency may detail,
on a nonreimbursable basis, any of the personnel of the
agency to the Council to assist it in carrying out its duties
under this title.
(e) EXPERTS AND CONSULTANTS.—The Council may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the mini-
mum annual rate of basic pay payable for GS–13 of the
General Schedule.
(f) ADMINISTRATIVE SUPPORT SERVICES.—The Ad-
ministrator of General Services shall provide to the Coun-
cil on a reimbursable basis such administrative support
services necessary for the Council to carry out its respon-
sibilities under this title.
SEC. 205. POWERS.
(a) HEARINGS AND SESSIONS.—The Council may, for
the purpose of carrying out this title, hold hearings, sit
and act at times and places, take testimony, and receive
evidence as the Council considers appropriate. The Council
may administer oaths or affirmations to witnesses appear-
ing before it.
(b) DELEGATION OF AUTHORITY.—Any member or
agent of the Council may, if authorized by the Council,
take any action that the Council is authorized to take by
this section.
(c) INFORMATION.—
(1) IN GENERAL.—The Council may secure di-
rectly from any Federal agency information nec-
essary to enable it to carry out this title. Upon re-
quest of the Council, the head of the Federal agency
shall furnish the information to the Council.
(2) EXCEPTION.—Paragraph (1) shall not
apply to any information that the Council is prohib-
ited to secure or request by another law.
(d) MAILS.—The Council may use the United States
mails in the same manner and under the same conditions
as other Federal agencies.
(e) CONTRACT AUTHORITY.—The Council may con-
tract with and compensate government and private agen-
cies or persons for supplies or services without regard to
section 3709 of the Revised Statutes (41 U.S.C. 5).
SEC. 206. REPORT.
Not later than the expiration of the 1-year period be-
ginning on the date of the appointment of the last member
of the Council to be appointed under section 203(a), the
Council shall submit to the President, the Congress, the
National Association of Governors, and the National Asso-
ciation of State Legislatures a final report containing the
model safety guidelines developed by the Council and the
other findings, conclusions, and recommendations of the
Council.
SEC. 207. TERMINATION.
The Council shall terminate not later than the expira-
tion of the 60-day period beginning on the date on which
the Commission submits its final report under section 206.
SEC. 208. BUDGET COMPLIANCE.
Any spending authority (as defined in subparagraphs
(A) and (C) of section 401(c)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 651(c)(2)(A))) authorized
by this title shall be effective only to such extent or in
such amounts as are provided in appropriation Acts.
Æ
HR 1194 IH——2