Judiciary Bill 6
H.R.768
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.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Need-Based Educational
Aid Act of 2002'.
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'.
(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.
This Act and the amendments made by this Act shall
take effect on September 30, 2001.