I 

108TH CONGRESS 

2D SESSION H. R. 4080 

To require entering students who will reside in on-campus housing at 

postsecondary institutions to have received meningococcal vaccinations. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2004 

Mr. ANDREWS (for himself and Mr. ISAKSON) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Meningococcal Vac5 cination Act of 2004’’. 

6 SEC. 2. VACCINATION REQUIREMENTS. 

7 Part G of title IV of the Higher Education Act of 

8 1965 is amended by inserting after section 485C (20 

9 U.S.C. 1092c) the following new section: 
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1 ‘‘SEC. 485D. VACCINATION REQUIREMENTS. 

2 ‘‘(a) DEFINITIONS.—As used in this section: 

3 ‘‘(1) The term ‘enrolled’ means having reg4 istered for a credit or noncredit course. 

5 ‘‘(2) The term ‘postsecondary institution’ 

6 means a school of post-secondary education that 

7 generally limits enrollment to graduates of secondary 

8 schools and awards degrees at the associate, bacca9 laureate, or graduate level. 

10 ‘‘(3) The term ‘meningococcal vaccination’ 

11 means receipt of the vaccine protecting against at 

12 least the four serogroups of A, C, Y, and W–135 of 

13 meningococcal disease within the 3 years preceding 

14 the date on which the individual moves into on-cam15 pus student housing. 

16 ‘‘(4) The term ‘on-campus student housing’ 

17 means housing provided to individuals, regardless of 

18 the fee, that is owned, rented, or contracted for and 

19 operated by a postsecondary institution, or through 

20 written agreement, with an agent of the postsec21 ondary institution. 

22 ‘‘(b) REQUIRED MENINGOCOCCAL VACCINATION.— 

23 Except as provided in subsection (c), an individual en24 rolled in a postsecondary institution living in on-campus 

25 student housing shall— 

26 ‘‘(1) obtain a meningococcal vaccination; and 
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1 ‘‘(2) submit written documentation to the post2 secondary institution from a health care professional 

3 or clinic of receipt of a meningococcal vaccination. 

4 ‘‘(c) NOTIFICATION OF REQUIRED MENINGOCOCCAL

5 VACCINATION.—A postsecondary institution shall— 

6 ‘‘(1) inform an individual or the parent or 

7 guardian of an individual younger than 18 years old 

8 of the requirement for meningococcal vaccination at 

9 the time the individual— 

10 ‘‘(A) is accepted for admission to a post11 secondary institution; or 

12 ‘‘(B) registers for classes, if the individual 

13 is not required to apply for admission before 

14 registering for courses; 

15 ‘‘(2) include notice of the requirement for 

16 meningococcal vaccination in— 

17 ‘‘(A) admission acceptance information; 

18 ‘‘(B) student health-related information 

19 and materials; 

20 ‘‘(C) resident life information and mate21 rials; 

22 ‘‘(D) the student handbook; and 

23 ‘‘(E) the college catalog; and 

24 ‘‘(3) provide detailed information to an indi25 vidual who resides or may reside in on-campus stu-
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1 dent housing or the parent or guardian of an indi2 vidual younger than 18 years old who resides or may 

3 reside in on-campus student housing concerning— 

4 ‘‘(A) the risks associated with 

5 meningococcal disease; and 

6 ‘‘(B) the availability and effectiveness of 

7 meningococcal vaccine. 

8 ‘‘(d) EXEMPTION FROM MENINGOCOCCAL VACCINA9 TION REQUIREMENT.— 

10 ‘‘(1) ADULTS.—An individual 18 years old or 

11 older is exempt from the meningococcal vaccination 

12 requirement under section 3 if the individual pre13 sents to the postsecondary institution a signed writ14 ten waiver in the form required by section 6 stating 

15 that the individual has— 

16 ‘‘(A) received and reviewed the information 

17 specified in section 4; and 

18 ‘‘(B) chosen not to obtain the 

19 meningococcal vaccination. 

20 ‘‘(2) MINORS.—An individual younger than 18 

21 years old is exempt from the meningococcal vaccina22 tion requirement under section 3 if a signed written 

23 waiver in the form required by section 6 is presented 

24 to the postsecondary institution on behalf of the in-
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1 dividual stating that a parent or guardian of the in2 dividual has— 

3 ‘‘(A) received and reviewed the information 

4 specified in section 4; and 

5 ‘‘(B) chosen not to have the individual ob6 tain the meningococcal vaccination. 

7 ‘‘(e) WAIVER FORM.— 

8 ‘‘(1) ADULTS.—A waiver form for an individual 

9 18 years old or older shall— 

10 ‘‘(A) state that the individual— 

11 ‘‘(i) is 18 years old or older; 

12 ‘‘(ii) has received and reviewed the in13 formation provided by the postsecondary 

14 institution on the risk of meningococcal 

15 disease and the availability and effective16 ness of meningococcal vaccine; and 

17 ‘‘(iii) chooses to waive the receipt of 

18 meningococcal vaccine; and 

19 ‘‘(B) provide spaces for the— 

20 ‘‘(i) printed name of the individual; 

21 ‘‘(ii) signature of the individual; and 

22 ‘‘(iii) date. 

23 ‘‘(2) MINORS.—A waiver form for an individual 

24 younger than 18 years old shall— 

25 ‘‘(A) state that— 
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1 ‘‘(i) the individual is younger than 18 

2 years old; 

3 ‘‘(ii) the parent or guardian of the in4 dividual has received and reviewed the in5 formation provided by the postsecondary 

6 institution on the risk of meningococcal 

7 disease and the availability and effective8 ness of meningococcal vaccine; and 

9 ‘‘(iii) the parent or guardian of the in10 dividual chooses to waive the receipt of 

11 meningococcal vaccine for the individual; 

12 and 

13 ‘‘(B) provide spaces for the— 

14 ‘‘(i) printed name of the individual; 

15 ‘‘(ii) printed name of the parent or 

16 guardian; 

17 ‘‘(iii) signature of the parent or 

18 guardian; and 

19 ‘‘(iv) date. 

20 ‘‘(f) PAYMENT FOR INOCULATION.—Nothing in this 

21 section shall be construed to require a postsecondary insti22 tution or a local public health agency to provide or pay 

23 for a meningococcal vaccination.’’. 

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