[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2451 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2451
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
July 10, 2001
Mr. Shays (for himself Mrs. Lowey, Mr. Rothman, Mr. Lipinski, and Mr.
Pascrell) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
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 one 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 during a 2-week period.
(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
during a 2-week period and that uses motorized transportation
to move campers as a group from one 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
during a 2-week period and that moves campers under their own
power or by a transportation mode permitting individual
guidance of a vehicle or animal from one 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 first 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 one year after the date of
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) One individual from the general public who has a
special interest in recreational camps.
(2) One individual from a private nonprofit organization
that operates a recreational camp for individuals with special
needs.
(3) One 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.
(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 one-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.
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