[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 803 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 803

 To require entering students who will reside in on-campus housing at 
postsecondary institutions to have received meningococcal vaccinations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2005

Mr. Andrews (for himself and Mr. Platts) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To require entering students who will reside in on-campus housing at 
postsecondary institutions to have received meningococcal vaccinations.

    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 the ``Meningococcal Vaccination Act of 
2005''.

SEC. 2. VACCINATION REQUIREMENTS.

    Part G of title IV of the Higher Education Act of 1965 is amended 
by inserting after section 485C (20 U.S.C. 1092c) the following new 
section:

``SEC. 485D. VACCINATION REQUIREMENTS.

    ``(a) Definitions.--As used in this section:
            ``(1) The term `enrolled' means having registered for a 
        credit or noncredit course.
            ``(2) The term `postsecondary institution' means a school 
        of post-secondary education that generally limits enrollment to 
        graduates of secondary schools and awards degrees at the 
        associate, baccalaureate, or graduate level.
            ``(3) The term `meningococcal vaccination' means receipt of 
        the vaccine protecting against at least the four serogroups of 
        A, C, Y, and W-135 of meningococcal disease within the 3 years 
        preceding the date on which the individual moves into on-campus 
        student housing.
            ``(4) The term `on-campus student housing' means housing 
        provided to individuals, regardless of the fee, that is owned, 
        rented, or contracted for and operated by a postsecondary 
        institution, or through written agreement, with an agent of the 
        postsecondary institution.
    ``(b) Required Meningococcal Vaccination.--Except as provided in 
subsection (c), an individual enrolled in a postsecondary institution 
living in on-campus student housing shall--
            ``(1) obtain a meningococcal vaccination; and
            ``(2) submit written documentation to the postsecondary 
        institution from a health care professional or clinic of 
        receipt of a meningococcal vaccination.
    ``(c) Notification of Required Meningococcal Vaccination.--A 
postsecondary institution shall--
            ``(1) inform an individual or the parent or guardian of an 
        individual younger than 18 years old of the requirement for 
        meningococcal vaccination at the time the individual--
                    ``(A) is accepted for admission to a postsecondary 
                institution; or
                    ``(B) registers for classes, if the individual is 
                not required to apply for admission before registering 
                for courses;
            ``(2) include notice of the requirement for meningococcal 
        vaccination in--
                    ``(A) admission acceptance information;
                    ``(B) student health-related information and 
                materials;
                    ``(C) resident life information and materials;
                    ``(D) the student handbook; and
                    ``(E) the college catalog; and
            ``(3) provide detailed information to an individual who 
        resides or may reside in on-campus student housing or the 
        parent or guardian of an individual younger than 18 years old 
        who resides or may reside in on-campus student housing 
        concerning--
                    ``(A) the risks associated with meningococcal 
                disease; and
                    ``(B) the availability and effectiveness of 
                meningococcal vaccine.
    ``(d) Exemption From Meningococcal Vaccination Requirement.--
            ``(1) Adults.--An individual 18 years old or older is 
        exempt from the meningococcal vaccination requirement under 
        section 3 if the individual presents to the postsecondary 
        institution a signed written waiver in the form required by 
        section 6 stating that the individual has--
                    ``(A) received and reviewed the information 
                specified in section 4; and
                    ``(B) chosen not to obtain the meningococcal 
                vaccination.
            ``(2) Minors.--An individual younger than 18 years old is 
        exempt from the meningococcal vaccination requirement under 
        section 3 if a signed written waiver in the form required by 
        section 6 is presented to the postsecondary institution on 
        behalf of the individual stating that a parent or guardian of 
        the individual has--
                    ``(A) received and reviewed the information 
                specified in section 4; and
                    ``(B) chosen not to have the individual obtain the 
                meningococcal vaccination.
    ``(e) Waiver Form.--
            ``(1) Adults.--A waiver form for an individual 18 years old 
        or older shall--
                    ``(A) state that the individual--
                            ``(i) is 18 years old or older;
                            ``(ii) has received and reviewed the 
                        information provided by the postsecondary 
                        institution on the risk of meningococcal 
                        disease and the availability and effectiveness 
                        of meningococcal vaccine; and
                            ``(iii) chooses to waive the receipt of 
                        meningococcal vaccine; and
                    ``(B) provide spaces for the--
                            ``(i) printed name of the individual;
                            ``(ii) signature of the individual; and
                            ``(iii) date.
            ``(2) Minors.--A waiver form for an individual younger than 
        18 years old shall--
                    ``(A) state that--
                            ``(i) the individual is younger than 18 
                        years old;
                            ``(ii) the parent or guardian of the 
                        individual has received and reviewed the 
                        information provided by the postsecondary 
                        institution on the risk of meningococcal 
                        disease and the availability and effectiveness 
                        of meningococcal vaccine; and
                            ``(iii) the parent or guardian of the 
                        individual chooses to waive the receipt of 
                        meningococcal vaccine for the individual; and
                    ``(B) provide spaces for the--
                            ``(i) printed name of the individual;
                            ``(ii) printed name of the parent or 
                        guardian;
                            ``(iii) signature of the parent or 
                        guardian; and
                            ``(iv) date.
    ``(f) Payment for Innoculation.--Nothing in this section shall be 
construed to require a postsecondary institution or a local public 
health agency to provide or pay for a meningococcal vaccination.
    ``(g) Penalty for Failure by Institution to Comply.--The Secretary 
may, after notice and opportunity for a hearing, reduce by not more 
than 10 percent the amount of administrative expense funds available 
for a fiscal year to an institution under section 489 if the Secretary 
determines that such institution has failed to comply with the 
requirements of subsection (c).''.
                                 <all>