I
103D CONGRESS
1ST SESSION
H. R. 3109
To require that educational organizations that offer educational programs
to minors for a fee disclose certain information.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 1993
Mr. STARK (for himself, Mr. GUNDERSON) introduced the following bill; which
was read twice and referred to the Committee on Education and Labor
A BILL
To require that educational organizations that offer edu-
cational programs to minors for a fee disclose certain
information.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
As used in this Act:
(1) DISABILITY.—The term ‘‘disability’’ has the
same meaning given to such term by section 3(2) of
the Americans with Disabilities Act of 1990.
(2) EDUCATIONAL
ORGANIZATION.—The term
‘‘educational organization’’ means any organization
or entity that is engaged in the business of providing
educational programs to minors for a fee. Such term
does not include a local educational agency, an ele-
mentary school, a secondary school, an organization
sponsored by an elementary or secondary school, a
recreational organization, or a social club.
(3) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the same meaning given to such
term by section 1471(8) of the Elementary and Sec-
ondary Education Act of 1965.
(4) EDUCATIONAL PROGRAM.—The term ‘‘edu-
cational program’’ means a program, service, activity
or seminar which has as its primary function the
presentation of formal instruction, is offered away
from a student’s regular place of school attendance,
includes at least one supervised night away from
home, and is intended to enhance a student’s regular
course of study. Such term does not include a rec-
reational program, or a social or religious activity.
(5) LOCAL EDUCATIONAL AGENCY.—The term
‘‘local educational agency’’ has the same meaning
given to such term by section 1471(12) of the Ele-
mentary and Secondary Education Act of 1965.
(6) MINOR.—The term ‘‘minor’’ means an indi-
vidual who has not attained the age of 18.
(7) PARENT.—The term ‘‘parent’’ includes a
legal guardian or other person standing in loco
parentis.
(8) SECONDARY SCHOOL.—The term ‘‘second-
ary school’’ has the same meaning given to such
term by section 1471(21) of the Elementary and
Secondary Education Act of 1965.
(9) MEMBERSHIP
ORGANIZATION.—The term
‘‘membership organization’’ includes any organiza-
tion that maintains a membership list or collects
dues or membership fees from its members.
(10) 
RECREATIONAL
ORGANIZATION.—The
term ‘‘recreational organization’’ includes any orga-
nization or entity that has as its primary function
pleasure, amusement, or sports activities.
(11) RECREATIONAL
PROGRAMS.—The term
‘‘recreational programs’’ includes any activity or
service that is intended as an entertainment pastime.
SEC. 2. DISCLOSURE REQUIREMENTS.
Each educational organization, prior to accepting
funds for the cost of a minor’s participation in an edu-
cational program operated by such organization, shall dis-
close the following information in written form to the
minor or the minor’s parent:
(1) METHOD
OF
SOLICITATION
AND
SELEC-
TION.—The method of solicitation and selection of
participants in the educational program, including—
(A) the origin of any mailing list used for
such solicitation and selection;
(B) any recruitment through teacher or
school personnel, including any enticements of-
fered to such teacher or personnel for the rec-
ommendation of a minor for participation in the
educational program;
(C) any open enrollment activity, including
the method of outreach; and
(D) any cooperation with, or sponsorship
by, a membership organization, including a de-
scription of the cooperation or sponsorship and
the name of each such organization.
(2) COSTS AND FEES.—Information regarding
the cost of the educational program and information
regarding the distribution of any enrollment fee, in-
cluding—
(A) the amount paid for, and the percent-
age of the total educational program cost of,
each feature of the educational program, includ-
ing—
(i) food;
(ii) lodging;
(iii) transportation;
(iv) program staffing;
(v) textbooks, syllabi, or other scholas-
tic educational program materials;
(vi) speaker fees; and
(vii) administrative expenses, includ-
ing expenses related to—
(I) the preparation of non-scho-
lastic educational program materials;
(II) the provision of financial as-
sistance;
(III) mailing list rental or other
recruitment activity; and
(IV) administrative salaries and
consulting fees;
(B) the identity of the organization or
business providing each of the features de-
scribed in clauses (i) through (vii) of subpara-
graph (A); and
(C) the nature of any relationship of any
board member, officer, or employee of the edu-
cational organization to any organization or
business described in subparagraph (B), includ-
ing the salary or other compensation paid by