II 110th CONGRESS 1st Session S. 945 IN THE SENATE OF THE UNITED STATES March 20, 2007 Mr. Durbin (for himself and Mr. Coleman) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ensure that college textbooks and supplemental materials are available and affordable.

1.

Short title

This Act may be cited as the College Textbook Affordability Act of 2007.

2.

Purpose and intent

The purpose of this Act is to ensure that every student in higher education is offered better and more timely access to affordable course materials by educating and informing faculty, students, administrators, institutions of higher education, bookstores, and publishers on all aspects of the selection, purchase, sale, and use of the course materials. It is the intent of this Act to have all involved parties work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while protecting the academic freedom of faculty members to provide high quality course materials for students.

3.

Definitions

In this Act: (1)

College textbook

The term college textbook means a textbook, or a set of textbooks, used for a course in postsecondary education at an institution of higher education. (2)

Course schedule

The term course schedule means a listing of the courses or classes offered by an institution of higher education for an academic period. (3)

Institution of higher education

The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (4)

Publisher

The term publisher means a publisher of college textbooks or supplemental materials involved in or affecting interstate commerce. (5)

Supplemental material

The term supplemental material means educational material published or produced to accompany a college textbook.

4.

Publisher requirements

(a)

College textbook pricing information

When a publisher provides a faculty member of an institution of higher education with information regarding a college textbook or supplemental material available in the subject area in which the faculty member teaches, the publisher shall include, with any such information and in writing, the following: (1)The price at which the publisher would make the college textbook or supplemental material available to the bookstore on the campus of, or otherwise associated with, such institution of higher education. (2)Any history of revisions for the college textbook or supplemental material. (3)Whether the college textbook or supplemental material is available in any other format, including paperback and unbound, and the price at which the publisher would make the college textbook or supplemental material in the other format available to the bookstore on the campus of, or otherwise associated with, such institution of higher education. (b)

Unbundling of supplemental materials

A publisher that sells a college textbook and any supplemental material accompanying such college textbook as a single bundled item shall also sell the college textbook and each supplemental material as separate and unbundled items.

5.

Provision of ISBN college textbook information in course schedules

(a)

Internet course schedules

Each institution of higher education that receives Federal assistance and that publishes the institution's course schedule for the subsequent academic period on the Internet shall— (1)include, in the course schedule, the International Standard Book Number (ISBN) and the retail price for each college textbook or supplemental material required or recommended for a course or class listed on the course schedule that has been assigned such a number; and (2)update the information required under paragraph (1) as necessary. (b)

Written course schedules

In the case of an institution of higher education that receives Federal assistance and that does not publish the institution's course schedule for the subsequent academic period on the Internet, the institution of higher education shall include the information required under subsection (a)(1) in any printed version of the institution's course schedule and shall provide students with updates to such information as necessary.

6.

Availability of information for college textbook sellers

An institution of higher education that receives Federal assistance shall make available, as soon as is practicable, upon the request of any seller of college textbooks (other than a publisher) that meets the requirements established by the institution, the most accurate information available regarding— (1)the institution's course schedule for the subsequent academic period; and (2)for each course or class offered by the institution for the subsequent academic period— (A)the International Standard Book Number (ISBN) for each college textbook or supplemental material required or recommended for such course or class that has been assigned such a number; (B)the number of students enrolled in such course or class; and (C)the maximum student enrollment for such course or class.