I 111th CONGRESS 2d Session H. R. 4575 IN THE HOUSE OF REPRESENTATIVES February 2, 2010 Mr. Wu introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize grants for the creation, update, or adaption of open textbooks, and for other purposes.

1.

Short title

This Act may be cited as the Open College Textbook Act of 2010.

2.

Findings

Congress finds the following: (1)The growth of the Internet has enabled the creation and sharing of open content, including open educational resources. (2)The President has proposed a new, significant Federal investment in the creation of online open-source courses for community colleges that will make learning more accessible, adaptable, and affordable for students. (3)The President has challenged the United States with a goal of having the highest college graduation rate in the world by 2020. (4)More than 80 percent of the 23,000,000 jobs that will be created in the next 10 years will require postsecondary education, but only 36 percent of all 18- to 24-year-olds are currently enrolled in postsecondary education. (5)The high cost of college textbooks continues to be a barrier for many students in achieving higher education, and according to the Advisory Committee on Student Financial Assistance, 200,000 qualified students fail to enroll in college each year due to cost. (6)The College Board reported that for the 2007–2008 academic year an average student spent an estimated $805 to $1,229 on college books and supplies. (7)Making high quality open textbooks freely available to the general public could significantly lower college textbook costs and increase accessibility to such education materials. (8)Open textbooks can improve learning and teaching by creating course materials that are more flexible, adaptable, and accessible through the use of technology.

3.

Definitions

In this Act: (1)

Director

The term Director means the Director of the National Science Foundation. (2)

Institution of higher education

The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3)

Open license

The term open license means an irrevocable intellectual property license that grants the public the right to access, customize, and distribute a copyrighted material. (4)

Open textbook

The term open textbook means a textbook or set of course materials in electronic format designed for use in a college course at an institution of higher education that is licensed under an open license. (5)

Secretary

The term Secretary means the Secretary of Education.

4.

Grant program

(a)

Grants authorized

From the amounts appropriated under subsection (i), the Secretary is authorized to award grants, on a competitive basis, to eligible entities to carry out the activities described in this section, including creating, updating, or adapting open textbooks. The Secretary shall award grants in a manner that will result in the creation of a comprehensive slate of high quality course materials for introductory courses in a variety of subject areas. (b)

Eligible entity

In this section, the term eligible entity means— (1)an institution of higher education; (2)a professor or group of professors at an institution of higher education; or (3)a nonprofit or for-profit organization that produces open textbooks. (c)

Duration

Grants awarded under this section shall be 1 year in duration. (d)

Applications

(1)

In general

Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2)

Contents

Each application submitted under paragraph (1) shall include a description of the project to be completed with grant funds and— (A)a plan for quality review and review of accuracy of content; (B)a plan for access to ensure the widest possible availability of the digital version of the open textbook; (C)a plan for distribution and adoption of the open textbook to ensure the widest possible adoption of the open textbook in postsecondary courses, including, where applicable, a marketing plan or a plan to partner with for-profit or nonprofit organizations to assist in marketing and distribution; and (D)a plan for tracking and reporting formal adoptions of the open textbook within postsecondary institutions, including an estimate of the number of students impacted by the adoptions. (e)

Special consideration

In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the greatest potential to produce— (1)the highest quality and most marketable open textbooks; (2)open textbooks that correspond to the highest enrollment courses at institutions of higher education; (3)open textbooks that are easily utilized by faculty members at institutions of higher education; and (4)open textbooks created in partnership with for-profit or nonprofit organizations to assist in marketing and distribution. (f)

Uses of grants

(1)

Open textbooks

An eligible entity that receives a grant under this section shall— (A)create a new open textbook for use in postsecondary coursework; (B)update an open textbook for use in postsecondary coursework; or (C)adapt a textbook into an open format for use in postsecondary coursework. (2)

License

An open textbook created, updated, or adapted under paragraph (1) shall be licensed through an open license. (3)

Accessibility

The full and complete digital content of each open textbook created, updated, or adapted under paragraph (1) shall be— (A)posted on an easily accessible and interoperable web site, which site shall be identified to the Secretary by the eligible entity; and (B)made available free of charge to, and may be downloaded, redistributed, changed, revised, or otherwise altered by, any member of the general public. (g)

Review process

The Secretary shall develop a peer review and evaluation process in consultation with the Director to ensure that open textbooks created, updated, or adapted under this section are of the highest quality, accurate in content, and meet or exceed market quality and accessibility standards. (h)

Report

Upon an eligible entity's completion of a project supported under this section, the eligible entity shall prepare and submit a report to the Secretary regarding all project costs, including the value of any volunteer labor and institutional capital used for the project. (i)

Authorization of appropriations

There are authorized to be appropriated $15,000,000 to carry out this section for fiscal year 2010 and such sums as are necessary for each of the 5 succeeding fiscal years.

5.

Licensing materials with a Federal connection

(a)

In general

Notwithstanding any other provision of law, educational materials such as curricula and textbooks created through grants distributed by Federal agencies, including the National Science Foundation, for use in elementary, secondary, or postsecondary courses shall be licensed under an open license. (b)

Accessibility

The full and complete digital content of each of the materials created as described in subsection (a) shall be— (1)posted on an easily accessible and interoperable web site, which site shall be identified to the Secretary by the grant recipient; and (2)made available free of charge to, and may be downloaded, redistributed, changed, revised, or otherwise altered by, any member of the general public.

6.

Sense of Congress

It is the sense of Congress that institutions of higher education should encourage the consideration of open textbooks by professors within the generally accepted principles of academic freedom that established the right and responsibility of faculty members, individually and collectively, to select course materials that are pedagogically most appropriate for their classes.

7.

Report to Congress

Not later than September 30, 2015, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives detailing— (1)the open textbooks created, updated, or adapted under this Act; (2)the adoption of such open textbooks; and (3)the savings generated for students, States, and the Federal Government though the use of open textbooks.