[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 996 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 996

   To require that educational organizations that offer educational 
       programs to minors for a fee disclose certain information.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 20 (legislative day, April 19), 1993

    Mr. Metzenbaum (for himself, Mr. Dole, Mr. Dodd, and Mr. Reid) 
introduced the following bill; which was read twice and referred to the 
                 Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
   To require that educational organizations that offer educational 
       programs to minors for a fee disclose certain information.

    Be it enacted by the Senate and House of Representatives 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 elementary 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 ``elementary school'' has 
        the same meaning given to such term by section 1471(8) of the 
        Elementary and Secondary Education Act of 1965.
            (4) Educational program.--The term ``educational 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 recreational 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 Elementary and Secondary Education Act of 1965.
            (6) Minor.--The term ``minor'' means an individual 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 ``secondary 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 organization that maintains a 
        membership list or collects dues or membership fees from its 
        members.
            (10) Recreational organization.--The term ``recreational 
        organization'' includes any organization 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 educational program operated by 
such organization, shall disclose the following information in written 
form to the minor or the minor's parent:
            (1) Method of solicitation and selection.--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 offered to such 
                teacher or personnel for the recommendation 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 description 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, including--
                    (A) the amount paid for, and the percentage of the 
                total educational program cost of, each feature of the 
                educational program, including--
                            (i) food;
                            (ii) lodging;
                            (iii) transportation;
                            (iv) program staffing;
                            (v) textbooks, syllabi, or other scholastic 
                        educational program materials;
                            (vi) speaker fees; and
                            (vii) administrative expenses, including 
                        expenses related to--
                                    (I) the preparation of non-
                                scholastic educational program 
                                materials;
                                    (II) the provision of financial 
                                assistance;
                                    (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 described in clauses (i) 
                through (vii) of subparagraph (A); and
                    (C) the nature of any relationship of any board 
                member, officer, or employee of the educational 
                organization to any organization or business described 
                in subparagraph (B), including the salary or other 
                compensation paid by such organization or business to 
                such Board member, officer, or employee.

SEC. 3. NONDISCRIMINATORY ENROLLMENT AND SERVICE POLICY.

    (a) In General.--Each educational organization shall include a 
verifiable statement on all enrollment or recruitment material that the 
educational organization does not--
            (1) fail or refuse to hire, or discharge, any individual, 
        or otherwise discriminate against any individual with respect 
        to compensation, terms, conditions, or privileges of 
        employment; or
            (2) exclude any student from participation in an 
        educational program, discriminate against any student in 
        providing the benefits associated with such program (including 
        any scholarship or financial assistance, and use of any 
        facility), or subject the student to discrimination under such 
        program,
on the basis of race, disability, or residence in a low-income area.
    (b) Construction.--Nothing in this section shall be construed to 
entitle a student to--
            (1) participation in an educational program or any benefit 
        associated with such program; or
            (2) a waiver of any fee charged for such participation or 
        benefit.

SEC. 4. ENFORCEMENT.

    (a) In General.--The Secretary of Education shall monitor 
compliance with the provisions of this Act.
    (b) Civil Penalty.--If an educational organization knowingly 
violates any provision of this Act, the Secretary of Education, after 
notice and opportunity for hearing, may impose on such organization a 
civil fine of not more than $1,000 for each such violation.

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