[107th Congress Public Law 72] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ072.107] [[Page 647]] NEED-BASED EDUCATIONAL AID ACT OF 2001 [[Page 115 STAT. 648]] Public Law 107-72 107th Congress 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. <<NOTE: Nov. 20, 2001 - [H.R. 768]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Need-Based Educational Aid Act of 2001.>> SECTION 1. SHORT TITLE. <<NOTE: 15 USC 1 note.>> 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. <<NOTE: 15 USC 1 note.>> (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; [[Page 115 STAT. 649]] (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) <<NOTE: Deadline.>> 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 [[Page 115 STAT. 650]] 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. <<NOTE: 15 USC 1 note.>> EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on September 30, 2001. Approved November 20, 2001. LEGISLATIVE HISTORY--H.R. 768: --------------------------------------------------------------------------- HOUSE REPORTS: No. 107-32 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 147 (2001): Apr. 3, considered and passed House. Oct. 3, considered and passed Senate, amended. Nov. 6, House concurred in Senate amendments. <all>