[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1194 Introduced in House (IH)]







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.

    Be it enacted by the Senate and House of Representatives 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 public agency 
                or a private organization on a membership 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 facility 
                provided for neighborhood use by a local public agency.
            (4) Individual with special needs.--The term ``individual 
        with special needs'' means an individual 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 individual 
                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 residential 
                                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 ``permanent campsite'' 
        means a premises that is continuously or periodically used for 
        camping purposes by a recreational camp operator.
            (8) Recreational camp.--The term ``recreational 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 recreational 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 swimming, diving, boating, 
        lifesaving, canoeing, sailing, skindiving, archery, riflery, 
        horseback riding, hiking, tennis, mountain climbing, other 
        sports and athletics, campcraft, and nature study activities.
            (10) Recreational camp director.--The term ``recreational 
        camp director'' means the individual 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 recreational camp, regardless of whether the camp 
        is nonprofit.
            (12) Residential camp.--The term ``residential camp'' means 
        a camp that is operated on a permanent 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 member'' means an 
        individual who is employed by a recreational camp operator to 
        supervise, direct, or control recreational camp activities, 
        regardless of whether 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 Virgin 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 REQUIREMENTS.

    (a) In General.--A recreational camp in a State shall report to the 
Secretary of Health and Human Services--
            (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 another 
                governmental agency.
    (b) Reporting Officials.--The recreational camp director or 
recreational camp operator of the camp involved shall make the report 
required under subsection (a).
    (c) Timing.--
            (1) Report of medical incident.--A medical incident shall 
        be reported to the Secretary within the 7-day period beginning 
        on the date of the occurrence 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 governmental agency.
    (d) Methods of Reporting.--
            (1) Obligations of camp.--The report required 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 concerning the incident that 
                the Secretary may request; or
                    (B) mailing to the Secretary a written report 
                concerning the incident on a form prescribed by the 
                Secretary.
            (2) Obligations of secretary.--The Secretary 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 extent 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 paragraph (1)(B); 
                and
                    (C) prescribe the form referred to in paragraph 
                (1)(B) and publish information on the form in a manner 
                that, to the extent practicable, 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 section 101. The Secretary shall 
collect the information in a manner that will enable the Secretary to 
compile separate 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 
Legislatures, 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 oversight or regulation of recreational 
camps or increased enforcement 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 concerning--
                    (A) an incident that is required to be reported 
                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 allegation 
                of sexual abuse involves a camper, staff member, 
                recreational camp operator, or recreational camp 
                director;
                    (B) the cause and nature of the death, illness, 
                injury, or allegation of sexual abuse, to the greatest 
                extent practicable; and
                    (C) any other information that the Secretary may 
                prescribe by regulation.
    (b) Recording Officers.--The recreational camp operator of the camp 
involved or such person's delegate shall record the information 
referred to in subsection (a).
    (c) Timing of Recording.--The recording of the information referred 
to in subsection (a) shall take place pursuant to deadlines that the 
Secretary shall prescribe by regulation.
    (d) Maintenance at Camp.--A medical log required in subsection (a) 
shall remain at a recreational camp during the hours of operation of 
the camp, except the log may be removed for purposes of--
            (1) transporting it to a physician, nurse, or medical 
        facility in the event of an emergency; or
            (2) examination by the Secretary.
    (e) Retention of Entries.--A recreational camp may dispose of a 
portion of a medical log required in subsection (a) that contains only 
entries made in the log more than 2 years before the date of disposal.
    (f) Access.--The Secretary shall have access, for the purpose of 
examination, to a medical log required in subsection (a). A State 
agency that has legal responsibility for public health under the law of 
the State in which a recreational camp is located shall also have 
access, for the purpose of examination, to the medical log of the camp.

SEC. 104. ENFORCEMENT OF REPORTING AND RECORDING REQUIREMENTS.

    (a) In General.--If a recreational camp in a State fails to comply 
with a requirement imposed on it by this title, the Secretary shall 
advise of such failure--
            (1) each State agency that has legal responsibility for 
        public health under the law of the State; and
            (2) each State agency that issues a license to the camp.
    (b) Other Enforcement Mechanisms.--Not later than the expiration of 
the 3-year period beginning on the date of the enactment of this Act, 
the Secretary shall submit to the Congress recommendations concerning 
any additional enforcement mechanisms the Secretary determines are 
necessary to enforce the provisions of this title, including civil 
money penalties.

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.--Sections 101(d)(2), 102(b), 
and 104(b) shall take effect on the enactment of this Act.

      TITLE II--PRESIDENT'S ADVISORY COUNCIL ON RECREATIONAL 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 described in 
subsection (a), the Council shall consider--
            (1) qualifications for recreational camp directors, staff 
        members, and health personnel;
            (2) appropriate ratios of campers to staff members;
            (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 encouraged to adopt the model safety 
guidelines developed by the Council, including consideration of 
financial incentives. The Council shall formulate a recommendation 
concerning 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 organization that 
        operates a recreational camp for individuals with special 
        needs;
            (3) 1 individual from an organization that has a special 
        interest in safety;
            (4) 2 recreational camp operators from nonprofit 
        recreational camps;
            (5) 2 recreational camp operators from recreational 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 individual 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 Council 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 appointment 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 sections 5702 and 5703 of title 
        5, United States Code.
    (f) Quorum.--5 members of the Council shall constitute 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, except 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 appointed 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 minimum annual rate of basic pay payable for GS-13 of the 
General Schedule.
    (f) Administrative Support Services.--The Administrator of General 
Services shall provide to the Council on a reimbursable basis such 
administrative support services necessary for the Council to carry out 
its responsibilities 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 appearing 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 directly from any 
        Federal agency information necessary to enable it to carry out 
        this title. Upon request 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 prohibited 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 contract with and 
compensate government and private agencies 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 beginning 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 Association 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 expiration 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.

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HR 1194 IH----2