1 Secretary. A copy of such petition shall forthwith be served

2

upon the Secretary, and thereupon the Secretary shall certify 3 and file in the court the record upon which the decision com4 plained of was issued as provided in section 2112 of title 28, 5 United States Code. Unless the court finds that the Secre6 tary's decision in rejecting a proposed State plan or with7 drawing his approval of such plan is not supported by sub8 stantial evidence the court shall affirm the Secretary's deci9 sion. The judgment of the court shall be subject to review by 10 the Supreme Court of the United States upon certiorari or 11 certification as provided in section 1254 of title 28, United 12 States Code.

14 SEC. 7. (a) The Secretary may make grants to States 15 which have in effect plans approved under section 6 to assist 16 them in carrying out such plans. No such grant may exceed 17 80 per cent of the cost of developing and carrying out the 18 State plan. Payments under this section may be made in 19 installments and in advance or by way of reimbursement 20 with necessary adjustments on account of underpayments or

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overpayments.

(b) There are authorized to be appropriated for the 23 fiscal year 1973, and each of the five succeeding fiscal years, 24 such sums as may be necessary to make the grants provided 25 for in this section.

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ENFORCEMENT BY SECRETARY; CITATIONS

SEC. 8. (a) The Secretary shall be responsible for the 3 enforcement of youth camp safety standards in States which 4 do not have in effect a State plan approved under section 6, 5 and with respect to travel camps.

10

6 (b) The Secretary shall issue regulations and proce7 dures providing for citations to youth camp operators for 8 any violation of the duty imposed by section 4, of any 9 standard, rule, or order promulgated pursuant to section 5, or of any regulations prescribed pursuant to this Act. Each 11 citation shall fix a reasonable time for the abatement of the 12 violation. The Secretary may prescribe procedures for the 13 issuance of a notice in lieu of a citation with respect to de 14 minimus violations which have no direct or immediate rela15 tionship to safety or health.

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INSPECTIONS, INVESTIGATIONS, AND RECORDS

SEC. 9. (a) In order to carry out his duties under this 18 Act, the Secretary may enter and inspect any youth camp 19 and its records. may question employees, and may investi20 gate facts, conditions, practices, or matters to the extent he 21 deems it necessary or appropriate.

22 (b) For the purpose of any hearing or investigation 23 provided for in this Act, the provisions of section 8 (b) of 24 the Occupational Safety and Health Act of 1970 shall be 25 applicable to the Secretary.

m

1 (c) To determine the areas in which safety standards

2

are necessary and to aid in promulgating meaningful regu

3 lations, camps subject to the provisions of this Act shall be 4 required to report annually, on the date prescribed by the 5 Secretary, all accidents resulting in death, injury, and illness, 6 other than minor injuries which require only first aid treatment and which do not involve medical treatment, loss of

7

8 consciousness, restriction of activity or motion, or premature 9 termination of the camper's term at the camp. Camps oper10 ating solely within a State which has in effect a State plan 11 approved under section 6 shall file their reports directly with 12 that State, and the State shall promptly forward such reports

13

on to the Secretary. All other camps, including travel camps, 14 shall file their reports directly with the Secretary. The Secre15 tary shall compile the statistics reported and include sum16 maries thereof in his annual report to the President and

17 Congress.

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PENALTIES

SEC. 10. (a) Any youth camp operator who willfully 20 or repeatedly violates the requirements of section 4, any 21 standard, rule, or order promulgated pursuant to section 5, or 22 of any regulations prescribed pursuant to this Act may be 23 assessed a civil penalty of up to $2,500 for each violation. 24 (b) Any youth camp operator who has received a sec25 ond or subsequent citation for a serious violation of the same

1 nature of the requirements of section 4, of any standard, rule,

2

or order promulgated pursuant to section 5, or of any regula3 tions prescribed pursuant to this Act, shall be assessed a 4 civil penalty of up to $1,000 for each such violation.

5 (c) Any youth camp operator who fails to correct a 6 violation for which a citation has been issued under section 7 8(b) within the period permitted for its correction may be 8 assessed a civil penalty of not more than $500 for each day 9 during which such failure or violation continues, or until the camp closes in its normal course of business.

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(d) For purposes of subsection (b) a serious violation 12 shall be deemed to exist in a youth camp if there is substantial 13 probability that death or serious physical harm could result 14 from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been 16 adopted or are in use, in such camp, unless the operator did 17 not, and could not with the exercise of reasonable diligence, 18 know of the presence of the violation.

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be re

(e) Civil penalties owed under this Act shall be paid 20 to the Secretary for deposit into the Treasury of the United 21 States and shall accrue to the United States and may 22 covered in a civil action in the name of the United States 23 brought in the United States district court for the district 24 where the violation is alleged to have occurred or where the 25 operator has his principal office.

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PROCEDURES TO COUNTERACT IMMINENT DANGERS

SEC. 11. (a) The United States district courts shall 3 have jurisdiction, upon petition of the Secretary, to restrain 4 any conditions or practices in any youth camp, or in any 5 place where camp activities are conducted, which are such 6 that a danger exists which could reasonably be expected to

7

cause death or serious physical harm immediately or before 8 the imminence of such danger can be eliminated through 9 the enforcement procedures otherwise provided by this Act. 10 Any order issued under this section may require such steps

11

to be taken as may be necessary to avoid, correct, or remove 12 such imminent danger and prohibit the presence of any indi

13 vidual in locations or under conditions where such imminent.

14 danger exists, except individuals whose presence is necessary 15 to avoid, correct, or remove such imminent danger.

16

(b) Upon the filing of any such petition, the district 17 court shall have jurisdiction to grant such injunctive relief or 18 temporary restraining order pending the outcome of an en19 forcement proceeding pursuant to this Act.

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(c) Whenever and as soon as an inspector concludes 21 that conditions or practices described in subsection (a) exist 22 in any campsite or place of camp activity, he shall inform 23 the affected campers, camp owners, and camp supervisory 24 personnel of the danger and that he is recommending to the 25 Secretary that relief be sought.