Important Legislative Update

There are four national priorities:

• War preparation
• Economy - US and global (areas of concentration: stock, transportation, tourism, technology)
• Rebuilding the wounded - restoring public confidence
• Dealing with global economic challenges - redirecting dollars to international relationships

We are also dealing with the psychological impact on the public.

• Finance
• Security
• Anxiety

How will this influence the camp professional and camp business?

Below you will find our best assessment of the current environment and the impact on issues that directly impact the camp industry. At best, we can only offer projections on anticipated action and recommendations for response. We will continuously evaluate the emerging legislative responses and distribute new knowledge as swiftly as possible.

More importantly, we need to recognize the psychological impact on our camp families. Families will have fewer discretionary dollars and the value of the camp experience will receive greater scrutiny. Domestic security issues and communications systems will be of great interest to our families. On the other hand, children, families, and adults will need the security and positive influence of the camp experience more than ever. As such, it is our moral obligation to preserve and promote the camp experience.

CIPRIS

Background
CIPRIS is an Immigration and Naturalization Service (INS) program designed to track the whereabouts of foreign students in the United States. Section 641 of IIRAIRA directs the INS to establish a nationwide system to electronically collect information relating to all foreign students and exchange program participants. This program was designed to track the four-year student. However, J-1 visas were included in the interpretation. A tracking fee of $95 was included to cover the cost of the electronic system. The ACA and a coalition successfully supported a legislative strategy that amended the program to limit the amount of the fee imposed upon camp counselors, au pairs and summer work program participants to $40 or less. This ruling included under HR 3767 (Public Law No. 106-396) went into effect on October 30, 2000. Until September 2001, ACA was continuing to work to have the bill repealed. September 21st, ACA removed our call to action to repeal CIPRIS during this period of national crisis.

Immigration

Current Status
There is a strong emotional argument around domestic security. As a result, there are multiple efforts to contain and control security risks. Senator Dianne Feinstein (CA-D), Senator Christopher Bond (MO-R), and Senator Tancredo (CO-R) are working on bills that could alter the immigration programs significantly. Senator Feinstein plans to introduce legislation that would reform the U.S. student visa program. This proposed legislation would impose a six-month moratorium on student visas and give $23.3 million dollars in federal funds to the Immigration and Naturalization Service to implement an electronic foreign student tracking system. It is anticipated bills would be introduced in January or February; however, they could move sooner. The bills would go into effect immediately following passage.

Again, it is felt this effort is geared toward the four-year student not the typical J-1 visa. ACA hopes to differentiate the J-1 from the other visa applicants. We believe a moratorium on J-1 visas would be an unintended side effect. ACA plans to play a supportive role in domestic security as well as help maintain positive international relations. APCO, ACA's legislative consultant firm, and the international placement services will attempt to represent our opportunity to have a positive influence on the economy, security, and positive international relations. Dialogue with key people is being initiated.

Potential Impact
Regardless of outcome, camps should expect a reduced number of international counselors and support staff at camp this year. Visas approved will more than likely come with additional paperwork and tracking requirements. Camps working with international staff should also anticipate higher airfares and less convenience. It should also be understood that the immigration issue would influence all camps whether they have international staff or not. Nearly, 35,000 international staff work in US camps each year. A reduction in international staff will affect the entire industry as we seek personnel.

Another component camp professionals will need to consider will be the need for psychological comfort of the campers, parent, and international staff. Parents may have concerns about international staff and the background screenings employed. Campers may have fears about those who look different. International staff may have concerns about their safety. Training, screening and hiring procedures, and security issues all need to be revisited this year given the change in our world.

Social Security

Background
Effective January, 1997, Social Security numbers are required of additional classes of employees, which include J-1 international counselors. The regulations require numbers for all persons with over $2750 in income, but at the same time exclude certain persons required to file only federal income tax "informational returns." There is inconsistency in the interpretation and issuance of social security cards.

Current Status
It is anticipated this issue will intersect with the domestic security and immigration efforts. APCO staff will be asking for a CBO cost-out as well as seeking a member of Congress to request a formal interpretation of the Social Security requirements for J-1 visa recipients. Once obtained, a strategy will be identified.

Minimum Wage

Background
In the last year, a minimum wage increase has been anticipated. A plan for incremental changes in minimum wage, over a two-year period, was being discussed resulting in a total increase of $6.15.

Current Status
Given our current economic environment, we now expect a minimum wage bill will be introduced in October that will immediately go into effect 30 days after passage. We anticipate a $1.50 an hour increase. This bill will have bi-partisan and Presidential support.

Impact on Camps
The body of law which addresses minimum wage and hour requirements is the Fair Labor Standards Act (FLSA), first adopted in 1938. Under this ruling is a special exception for seasonal amusement/recreational establishment. As a general rule, most SEASONAL camps are specifically exempt from the requirement to pay the minimum wage or overtime. This applies to organized camps which:

1. Operate for seven months or less in a year, or
2. During the preceding calendar year, the establishment's average receipts for any six months of the year were not more than one-third of its average receipts for the other six months.

For additional information, you can refer to The CampLine, October 2000.

What should camps do?

• Evaluate your camp operations to determine compliance with the federal minimum wage exemption requirements.
• Consider your state's interpretation of this federal ruling.
• Anticipate budget and record-keeping implications.

Criminal Background Checks

Background
President Clinton signed The Volunteers for Children Act, an amendment to the National Child Protection Act of 1993, into law on October 9, 1998. The act gives "qualified entities" the ability to request fingerprint-based national criminal history background checks of volunteers and employees. This law allows organizations to run an applicant's fingerprints through a national database. While this is an important development in legislation protecting children, inconsistencies in implementation among states exist. While states are beginning to establish requirements for background checks, they vary widely. The current state and county systems available to employers are woefully inadequate. Access to a national system currently requires paper fingerprinting and a costly fee.

Current Status
Although there has not been any action to advance this effort, it is anticipated there might be an opportunity in today's climate to intersect this issue with any number of federal security initiatives. In the meantime, APCO is talking with the F.B.I. to see if we can tap directly into their database.

What can camps do?

1. There are a number of background check service providers. (From ACA's Buying Guide: Checkpoint, Inc. (301) 468-2313, Guide to Background Investigation (800) 247-8713, Lang Investigations (800) 621-8992, National Background Investigators (410) 798-0072.)
2. Continue to follow ACA standards on screening and hiring procedures.
3. Consider using a licensed investigator.

Camp Safety

Background
We have seen a number of federal efforts to address camp safety over the past year. To date, no action has been taken.

Current Status
It is clear camp safety is taking on a new and expanded version of risk management. It will be important that ACA and ACA camps take an affirmative approach to their new and expanded role in safety during this time of psychological anxiety. It is anticipated camp professionals across the country will begin to dialogue with one another as well as with other professionals with like concerns in order to continue to provide safe and caring camp communities.

Elements to Consider

• The scope of the issues today. What are the new risks and challenges we face?
• Our capacity to address such challenges. What human and fiscal resources will be needed? Diverted?
• The communication demands that we will face. Parent demands?
• Our adaptability to respond appropriately.
• Responding while protecting the character of the camp experience.
• Resources needed to respond. Training? Knowledge and expertise?

Public Lands

Background
The Outfitter Policy Act of 2001 (HR 2386 and S 978) would "establish terms and conditions for use of certain Federal lands by outfitters and to facilitate public opportunities for the recreational us and enjoyment of such lands." HR 1461 would amend the National Parks Omnibus Management Act to remove the exemption that non-profit organizations currently have from obtaining commercial use for the use of public lands.

Current Status
Due to world events, this issue is simply off the table. WE do not anticipate any action this year. We will continue to monitor for action.

Transportation

Background
Safety Requirements for Operators of Small Passenger-Carrying Commercial Motor Vehicle used in Interstate Commerce: requires motor carriers operating commercial motor vehicle used to transport between 9 and 15 passengers (including the driver) in interstate commerce "to comply with the safety regulations when they are directly compensated for such services, and the transportation of any passenger covers a distance greater than 75 air miles (86.3 statute miles or 138.9 kilometers)."

Current Status
APCOs interprets the ruling as not relating to the camp community. This ruling is currently not focused on camps. The federal ruling does not require camps to have their drivers obtain Commercial Driver's Licenses or take alcohol and drug tests.

What should camps consider:

• Be sure to consider your state regulations since they are often more strict than the federal interpretation.
• When purchasing new vehicles consider the emerging trends in vehicle safety so you can appropriately invest your dollar.
• Compare purchasing vehicles to leasing vehicles.

Briefings

After School Programs
Those providing after-school programs: The "No Child Left Behind" (HR 1) education initiative of the President allots $400 million of the $2.2 billion budget to go to funding for after-school programs. To receive funding for these programs, states must first apply for grants from the Department of Education. Individual schools within the state must then apply to the state educational agency for funds to implement an individual program. Camps already involved in a camp-school partnership to deliver such services should talk to their school about future opportunities. Those camps interested in camp-school partnerships may use this legislation to initiate the dialogue.

Lyme Disease Initiative of 2001
HR 1254 introduced by Rep. Smith establishes a program conducted through the Department of Health and Human Services to reduce the number of cases of Lyme disease. It is a five-year plan to improve detection tests, review and improve the surveillance and reporting system of Lyme disease cases, and to reduce the risk of contracting the disease through public education and tick population reduction techniques. This bill has been referred to several subcommittees of the House Agriculture, Energy and Commerce, Armed Services, and Resource committees.

Next Issue
A number of these issues will be explored in detail. New information and knowledge that will be emerging over the next several months in Congress will afford us the opportunity to consider strategic responses to the future.

For current information, go to www.ACAcamps.org/publicpolicy.

Originally published in the 2001 Fall issue of The CampLine.