[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 768 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                       October 3, 2001.
    Resolved, That the bill from the House of Representatives (H.R. 
768) entitled ``An Act to amend the Improving America's Schools Act of 
1994 to make permanent the favorable treatment of need-based 
educational aid under the antitrust laws.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Need-Based Educational Aid Act of 
2001''.

SEC. 2. AMENDMENT.

    Section 568(d) of the Improving America's Schools Act of 1994 (15 
U.S.C. 1 note) is amended by striking ``2001'' and inserting ``2008''.

SEC. 3. GAO STUDY AND REPORT.

    (a) Study.--
            (1) In general.--The Comptroller General shall conduct a 
        study of the effect of the antitrust exemption on institutional 
        student aid under section 568 of the Improving America's 
        Schools Act of 1994 (15 U.S.C. 1 note).
            (2) Consultation.--The Comptroller General shall have final 
        authority to determine the content of the study under paragraph 
        (1), but in determining the content of the study, the 
        Comptroller General shall consult with--
                    (A) the institutions of higher education 
                participating under the antitrust exemption under 
                section 568 of the Improving America's Schools Act of 
                1994 (15 U.S.C. 1 note) (referred to in this Act as the 
                ``participating institutions'');
                    (B) the Antitrust Division of the Department of 
                Justice; and
                    (C) other persons that the Comptroller General 
                determines are appropriate.
            (3) Matters studied.--
                    (A) In general.--The study under paragraph (1) 
                shall--
                            (i) examine the needs analysis 
                        methodologies used by participating 
                        institutions;
                            (ii) identify trends in undergraduate costs 
                        of attendance and institutional undergraduate 
                        grant aid among participating institutions, 
                        including--
                                    (I) the percentage of first-year 
                                students receiving institutional grant 
                                aid;
                                    (II) the mean and median grant 
                                eligibility and institutional grant aid 
                                to first-year students; and
                                    (III) the mean and median parental 
                                and student contributions to 
                                undergraduate costs of attendance for 
                                first year students receiving 
                                institutional grant aid;
                            (iii) to the extent useful in determining 
                        the effect of the antitrust exemption under 
                        section 568 of the Improving America's Schools 
                        Act of 1994 (15 U.S.C. 1 note), examine--
                                    (I) comparison data, identified in 
                                clauses (i) and (ii), from institutions 
                                of higher education that do not 
                                participate under the antitrust 
                                exemption under section 568 of the 
                                Improving America's Schools Act of 1994 
                                (15 U.S.C. 1 note); and
                                    (II) other baseline trend data from 
                                national benchmarks; and
                            (iv) examine any other issues that the 
                        Comptroller General determines are appropriate, 
                        including other types of aid affected by 
                        section 568 of the Improving America's Schools 
                        Act of 1994 (15 U.S.C. 1 note).
                    (B) Assessment.--
                            (i) In general.--The study under paragraph 
                        (1) shall assess what effect the antitrust 
                        exemption on institutional student aid has had 
                        on institutional undergraduate grant aid and 
                        parental contribution to undergraduate costs of 
                        attendance.
                            (ii) Changes over time.--The assessment 
                        under clause (i) shall consider any changes in 
                        institutional undergraduate grant aid and 
                        parental contribution to undergraduate costs of 
                        attendance over time for institutions of higher 
                        education, including consideration of--
                                    (I) the time period prior to 
                                adoption of the consensus methodologies 
                                at participating institutions; and
                                    (II) the data examined pursuant to 
                                subparagraph (A)(iii).
    (b) Report.--
            (1) In general.--Not later than September 30, 2006, the 
        Comptroller General shall submit a report to the Committee on 
        the Judiciary of the Senate and the Committee on the Judiciary 
        of the House of Representatives that contains the findings and 
        conclusions of the Comptroller General regarding the matters 
        studied under subsection (a).
            (2) Identifying individual institutions.--The Comptroller 
        General shall not identify an individual institution of higher 
        education in information submitted in the report under 
        paragraph (1) unless the information on the institution is 
        available to the public.
    (c) Recordkeeping Requirement.--
            (1) In general.--For the purpose of completing the study 
        under subsection (a)(1), a participating institution shall--
                    (A) collect and maintain for each academic year 
                until the study under subsection (a)(1) is completed--
                            (i) student-level data that is sufficient, 
                        in the judgment of the Comptroller General, to 
                        permit the analysis of expected family 
                        contributions, identified need, and 
                        undergraduate grant aid awards; and
                            (ii) information on formulas used by the 
                        institution to determine need; and
                    (B) submit the data and information under paragraph 
                (1) to the Comptroller General at such time as the 
                Comptroller General may reasonably require.
            (2) Non-participating institutions.--Nothing in this 
        subsection shall be construed to require an institution of 
        higher education that does not participate under the antitrust 
        exemption under section 568 of the Improving America's Schools 
        Act of 1994 (15 U.S.C. 1 note) to collect and maintain data 
        under this subsection.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
September 30, 2001.

            Amend the title so as to read: ``An Act to amend the 
        Improving America's Schools Act of 1994 to extend the favorable 
        treatment of need-based educational aid under the antitrust 
        laws, and for other purposes.''.

            Attest:

                                                             Secretary.
107th CONGRESS

  1st Session

                               H. R. 768

_______________________________________________________________________

                               AMENDMENTS