[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 401 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 401

 To amend the Higher Education Act of 1965 to require institutions of 
 higher education to notify parents concerning missing person reports 
             about their children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2001

 Mr. Andrews introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the Higher Education Act of 1965 to require institutions of 
 higher education to notify parents concerning missing person reports 
             about their children, 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 ``Bryan's Law''.

SEC. 2. NOTIFICATION.

    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)) is amended--
            (1) by redesignating paragraph (15) as paragraph (16); and
            (2) by inserting after paragraph (14) the following:
            ``(15) Notification.--(A) Each institution participating in 
        any program under this title, after the campus police or 
        security authority for the institution receives a report that a 
        resident student younger than 21 years of age is missing, 
        shall--
                    ``(i) make a preliminary investigation to determine 
                the whereabouts of the student; and
                    ``(ii) subject to subparagraph (B) and if the 
                authority is unable to verify that the student is safe 
                within 24 hours of receiving the report--
                            ``(I) notify the student's parents, or if 
                        appropriate, any other individual listed as an 
                        emergency contact person for the student in 
                        records maintained by the institution, and the 
                        local police agency that the student is 
                        missing; and
                            ``(II) cooperate with the local police 
                        agency regarding the investigation of the 
                        missing student such as entering into a written 
                        agreement with the local police agency that 
                        establishes the authority's and agency's 
                        responsibilities with respect to an 
                        investigation.
            ``(B) The 24 hour period described in subparagraph (A)(ii) 
        excludes Saturdays, Sundays, and holiday periods at the 
        institution, except that once notice is provided under 
        subparagraph (A)(ii)(I) such period shall apply regardless of 
        the day involved.
            ``(C) In this paragraph, the term `resident student' means 
        a student who lives in a residence that is owned and operated 
        by the institution or is otherwise included within the 
        definition of `campus' as such term is defined in paragraph 
        (5)(A)(i) of this subsection.
            ``(D) The Secretary may waive the provisions of this 
        paragraph upon the request of a State that has enacted a law 
        with requirements that are similar to the requirements of this 
        paragraph.
            ``(E) Nothing in this paragraph may be construed to--
                    ``(i) create a cause of action against any 
                institution of higher education or any employee of such 
                an institution for any civil liability; or
                    ``(ii) establish any standard of care.
            ``(F) Notwithstanding any other provision of law, evidence 
        regarding compliance or noncompliance with this paragraph shall 
        not be admissible as evidence in any proceeding of any court, 
        agency, board, or other entity, except with respect to an 
        action to enforce this paragraph.
            ``(G) Section 444 of the General Education Provisions Act 
        (20 U.S.C. 1232g) shall not be construed to prevent an 
        institution from complying with this paragraph.''.
                                 <all>