I 
109TH CONGRESS 
1ST SESSION H. R. 2748 
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 
JUNE 7, 2005 
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. 
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 ‘‘Camp Safety Act of 
2005’’.
SEC. 2. REQUIREMENT FOR ORGANIZED CAMPS TO CON-
TINUE MINIMUM-WAGE-EXEMPT STATUS. 
Section 13(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(a)) is amended— 
(1) in paragraph (3), by inserting ‘‘(subject to 
paragraph (18))’’ after ‘‘organized camp’’; 
(2) in paragraph (17), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(18) an organized camp under paragraph (3), 
if such camp— 
‘‘(A) provides personal health, first aid and 
medical services, health supervision, and main-
tenance of camp-related health records for 
campers; 
‘‘(B) adheres to standards for food prepa-
ration safety that are as protective or more pro-
tective than such standards recommended by 
the Food and Drug Administration; 
‘‘(C) adheres to applicable State and local 
standards regarding— 
‘‘(i) fire and building safety relating 
to the buildings and the occupants of 
buildings used by such camp; and
‘‘(ii) sanitation relating to camp per-
sonnel, buildings, and grounds; 
‘‘(D) reports annually to the Secretary, on 
a date prescribed by the Secretary, all incidents 
resulting in death, injury, or illness, other than 
minor injuries which require only first aid treat-
ment and which do not involve medical treat-
ment, loss of consciousness, restriction of activ-
ity or motion, or premature termination of a 
camper’s term at the camp; 
‘‘(E) provides access to the Secretary for 
inspection or investigation of such camp under 
section 3 of the Camp Safety Act of 2005; 
‘‘(F)(i) 
conducts 
criminal 
background 
checks of all camp employees for convictions 
under Federal and State laws; 
‘‘(ii) maintains a record of such checks for 
at least 6 months after the date of termination 
of such an employee’s employment; and 
‘‘(iii) makes such records available to the 
Secretary upon the request of the Secretary; 
and 
‘‘(G) maintains a ratio of at least 1 life-
guard for every 30 camper swimmers.’’.
SEC. 3. ENFORCEMENT BY SECRETARY OF LABOR. 
(a) IN GENERAL.—The Secretary of Labor shall 
monitor and enforce compliance of organized camps sub-
ject to section 13(a)(18) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 213(a)(18)). In monitoring and en-
forcing such compliance, the Secretary shall— 
(1) implement a system for the routine report-
ing of fatalities and serious injuries or illnesses; 
(2) implement procedures for conducting in-
spection and verifying information provided to the 
Secretary by such camps; 
(3) investigate complaints received regarding 
such camps; 
(4) require appropriate training, including 
knowledge of outdoor camping, for camp inspectors; 
and 
(5) compile statistics based on the information 
in the reports required to be submitted by such 
camps under section 13(a)(18)(C) of such Act (29 
U.S.C. 213(a)(18)(C)); and 
(6) based at least in part on the statistics com-
piled under subparagraph (C), determine the areas 
in which additional safety standards are necessary 
and prescribe appropriate regulations.
(b) INVESTIGATIVE AUTHORITY.—In monitoring and 
enforcing compliance under subsection (a), the Secretary 
of Labor may— 
(1) enter and inspect such a camp and its 
records, question the employees of such camp, and 
investigate facts, conditions, practices, or other mat-
ters, to the extent the Secretary deems necessary or 
appropriate; and 
(2) administer oaths and examine witnesses 
under oath, issue subpoenas, and compel the attend-
ance of witnesses and other relevant records. 
SEC. 4. EFFECT ON STATE LAW. 
(a) EQUAL OR GREATER PROTECTION UNDER STATE 
LAW.—Section 13(a)(18) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 213(a)(18)) preempts a State’s 
laws regarding camp safety, unless the Secretary of Labor 
determines that such State’s laws provide substantially the 
same, or greater, protection for campers as such section, 
but such State’s laws are only preempted to the extent 
that the Secretary determines that they provide lesser pro-
tection for campers than such section. 
(b) JUDICIAL REVIEW OF DETERMINATION BY SEC-
RETARY.—A State aggrieved by a determination under 
subsection (a) may bring an action in an appropriate
United States district court for review of such determina-
tion. 
(c) EFFECT
OF COMPLIANCE WITH EQUIVALENT 
STATE LAW.—A person that complies with a State law 
which the Secretary of Labor has determined under sub-
section (a) provides substantially the same, or greater, 
protection for campers as section 13(a)(18) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 213(a)(18)) 
shall be deemed to have complied with the requirements 
of such section. 
Æ