[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3818 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3818

  To expand the use of open textbooks in order to achieve savings for 
            students and improve textbook price information.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 10 (legislative day, March 7), 2022

     Mr. Durbin (for himself, Mr. King, Ms. Smith, and Ms. Sinema) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To expand the use of open textbooks in order to achieve savings for 
            students and improve textbook price information.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Affordable College Textbook Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The high cost of college textbooks continues to be a 
        barrier for many students in achieving higher education.
            (2) According to the College Board, during the 2021-2022 
        academic year, the average student budget for college books and 
        supplies at 4-year public institutions of higher education was 
        $1,240.
            (3) The Government Accountability Office found that new 
        textbook prices increased 82 percent between 2002 and 2012 and 
        that although Federal efforts to increase price transparency 
        have provided students and families with more and better 
        information, more must be done to address rising costs.
            (4) The growth of the internet has enabled the creation and 
        sharing of digital content, including open educational 
        resources that can be freely used by students, teachers, and 
        members of the public.
            (5) According to the Student PIRGs, expanded use of open 
        educational resources has the potential to save students more 
        than a billion dollars annually.
            (6) Federal investment in expanding the use of open 
        educational resources could significantly lower college 
        textbook costs and reduce financial barriers to higher 
        education, while making efficient use of taxpayer funds.
            (7) Educational materials, including open educational 
        resources, must be accessible to the widest possible range of 
        individuals, including those with disabilities.

SEC. 3. OPEN TEXTBOOK GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) 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).
            (2) Open educational resource.--The term ``open educational 
        resource'' has the meaning given the term in section 133 of the 
        Higher Education Act of 1965 (20 U.S.C. 1015b).
            (3) Open textbook.--The term ``open textbook'' means an 
        open educational resource or set of open educational resources 
        that either is a textbook or can be used in place of a textbook 
        for a postsecondary course at an institution of higher 
        education.
            (4) Relevant faculty.--The term ``relevant faculty'' means 
        both tenure track and contingent faculty members who may be 
        involved in the creation or use of open textbooks created as 
        part of an application under subsection (d).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (6) Supplemental material.--The term ``supplemental 
        material'' has the meaning given the term in section 133 of the 
        Higher Education Act of 1965 (20 U.S.C. 1015b).
    (b) Grants Authorized.--From the amounts appropriated under 
subsection (k), the Secretary shall make grants, on a competitive 
basis, to eligible entities to support projects that expand the use of 
open textbooks in order to achieve savings for students while 
maintaining or improving instruction and student learning outcomes.
    (c) Eligible Entity.--In this section, the term ``eligible entity'' 
means an institution of higher education, a group of institutions of 
higher education, or States on behalf of institutions of higher 
education.
    (d) Applications.--
            (1) In general.--Each eligible entity desiring a grant 
        under this section, after consultation with relevant faculty, 
        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 promoting and tracking the use of 
                open textbooks in postsecondary courses offered by the 
                eligible entity, including an estimate of the projected 
                savings that will be achieved for students;
                    (B) a plan for evaluating, before creating new open 
                textbooks, whether existing open textbooks could be 
                used or adapted for the same purpose;
                    (C) a plan for quality review and review of 
                accuracy of any open textbooks to be created or adapted 
                through the grant;
                    (D) a plan for assessing the impact of open 
                textbooks on instruction and student learning outcomes 
                at the eligible entity;
                    (E) a plan for disseminating information about the 
                results of the project to institutions of higher 
                education outside of the eligible entity, including 
                promoting the adoption of any open textbooks created or 
                adapted through the grant; and
                    (F) a statement on consultation with relevant 
                faculty, including those engaged in the creation of 
                open textbooks, in the development of the application.
    (e) Special Consideration.--In awarding grants under this section, 
the Secretary shall give special consideration to applications that 
demonstrate the greatest potential to--
            (1) achieve the highest level of savings for students 
        through sustainable expanded use of open textbooks in 
        postsecondary courses offered by the eligible entity;
            (2) expand the use of open textbooks at institutions of 
        higher education outside of the eligible entity; and
            (3) produce--
                    (A) the highest quality open textbooks;
                    (B) open textbooks that can be most easily utilized 
                and adapted by faculty members at institutions of 
                higher education;
                    (C) open textbooks that correspond to the highest 
                enrollment courses at institutions of higher education;
                    (D) open textbooks created or adapted in 
                partnership with entities within institutions of higher 
                education, including campus bookstores, that will 
                assist in marketing and distribution of the open 
                textbook; and
                    (E) open textbooks that are accessible to students 
                with disabilities.
    (f) Use of Funds.--An eligible entity that receives a grant under 
this section shall use the grant funds to carry out any of the 
following activities to expand the use of open textbooks:
            (1) Professional development for any faculty and staff 
        members at institutions of higher education, including the 
        search for and review of open textbooks.
            (2) Creation or adaptation of open textbooks.
            (3) Development or improvement of supplemental materials 
        and informational resources that are necessary to support the 
        use of open textbooks, including accessible instructional 
        materials for students with disabilities.
            (4) Research evaluating the efficacy of the use of open 
        textbooks for achieving savings for students and the impact on 
        instruction and student learning outcomes.
    (g) License.--For each open textbook, supplemental material, or 
informational resource created or adapted wholly or in part under this 
section that constitutes a new copyrightable work, the eligible entity 
receiving the grant shall release such textbook, material, or resource 
to the public under a non-exclusive, royalty-free, perpetual, and 
irrevocable license to exercise any of the rights under copyright 
conditioned only on the requirement that attribution be given as 
directed by the copyright owner.
    (h) Access and Distribution.--The full and complete digital content 
of each open textbook, supplemental material, or informational resource 
created or adapted wholly or in part under this section shall be made 
available free of charge to the public--
            (1) on an easily accessible and interoperable website, 
        which shall be identified to the Secretary by the eligible 
        entity;
            (2) in a machine readable, digital format that anyone can 
        directly download, edit with attribution, and redistribute;
            (3) in a format that conforms to accessibility standards 
        under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 
        794d), where feasible; and
            (4) with identifying information, including the title, 
        edition, author, publisher, copyright date, and International 
        Standard Book Number, if available.
    (i) 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--
            (1) the effectiveness of the project in expanding the use 
        of open textbooks and in achieving savings for students;
            (2) the impact of the project on expanding the use of open 
        textbooks at institutions of higher education outside of the 
        eligible entity;
            (3) open textbooks, supplemental materials, and 
        informational resources created or adapted wholly or in part 
        under the grant, including instructions on where the public can 
        access each educational resource under the terms of subsection 
        (h);
            (4) the impact of the project on instruction and student 
        learning outcomes; and
            (5) all project costs, including the value of any volunteer 
        labor and institutional capital used for the project.
    (j) Annual Report to Congress.--Not later than 2 years after the 
date of enactment of this Act, and annually thereafter, 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, supplemental materials, and 
        informational resources created or adapted wholly or in part 
        under this section;
            (2) the adoption of such open textbooks, including outside 
        of the eligible entity;
            (3) the savings generated for students, States, and the 
        Federal Government through projects supported under this 
        section; and
            (4) the impact of projects supported under this section on 
        instruction and student learning outcomes.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.

SEC. 4. TEXTBOOK PRICE INFORMATION.

    Section 133 of the Higher Education Act of 1965 (20 U.S.C. 1015b) 
is amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (6) and inserting the 
                following:
            ``(6) Open educational resource.--The term `open 
        educational resource' means a teaching, learning, or research 
        resource that is offered freely to users in at least one form 
        and that resides in the public domain or has been released 
        under an open copyright license that allows for its free use, 
        reuse, modification, and sharing with attribution.''; and
                    (B) in paragraph (9), by striking ``textbook that'' 
                and all that follows through the period at the end and 
                inserting ``textbook that may include printed 
                materials, computer disks, website access, and 
                electronically distributed materials.'';
            (2) in subsection (c)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``or other person or adopting entity in charge 
                of selecting course materials'' and inserting ``or 
                other person or entity in charge of selecting or aiding 
                in the discovery and procurement of course materials'';
                    (B) in subparagraph (A), by inserting ``such 
                institution of higher education or to'' after ``would 
                make the college textbook or supplemental material 
                available to''; and
                    (C) by adding at the end the following:
                    ``(E) Whether the college textbook or supplemental 
                material is an open educational resource.
                    ``(F) For a college textbook or supplemental 
                material delivered primarily in a digital format, a 
                summary of terms and conditions under which a publisher 
                collects and uses student data through the student's 
                use of such college textbook or supplemental material, 
                including whether a student can opt out of such terms 
                and conditions.'';
            (3) in subsection (d)--
                    (A) in the subsection heading, by striking 
                ``ISBN''; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) verify and disclose, on (or linked from) the 
        institution's Internet course schedule, for each course listed 
        in such course schedule, and in a manner of the institution's 
        choosing (except that if the institution determines that the 
        disclosure of the information described in this subsection is 
        not practicable or available for a college textbook or 
        supplemental material, then the institution shall indicate the 
        status of such information in lieu of the information required 
        under this subsection)--
                    ``(A) the International Standard Book Number of 
                required and recommended college textbooks and 
                supplemental materials, except that if the 
                International Standard Book Number is not available for 
                such college textbook or supplemental material, then 
                the institution shall include in the Internet course 
                schedule the author, title, publisher, and copyright 
                date for such college textbook or supplemental 
                material;
                    ``(B) the retail price of required and recommended 
                college textbooks and supplemental materials;
                    ``(C) any applicable fee information of required 
                and recommended college textbooks and supplemental 
                materials;
                    ``(D) whether each required and recommended college 
                textbook and supplemental material is an open 
                educational resource; and
                    ``(E) for a college textbook or supplemental 
                material delivered primarily in a digital format, a 
                link to the summary required to be provided by the 
                publisher under subsection (c)(1)(F); and'';
            (4) by striking subsection (e) and inserting the following:
    ``(e) Availability of Information for College Bookstores.--
            ``(1) In general.--An institution of higher education 
        receiving Federal financial assistance shall assist a college 
        bookstore that is operated by, or in a contractual relationship 
        or otherwise affiliated with, the institution, in obtaining 
        required and recommended course materials information and such 
        course schedule and enrollment information as is reasonably 
        required to implement this section so that such bookstore may--
                    ``(A) verify availability of such materials;
                    ``(B) source lower cost options, including 
                presenting lower cost alternatives to faculty for 
                faculty to consider, when practicable; and
                    ``(C) maximize the availability of format options 
                for students.
            ``(2) Due dates.--In carrying out paragraph (1), an 
        institution of higher education may establish due dates for 
        faculty or departments to notify the campus bookstore of 
        required and recommended course materials.''; and
            (5) in subsection (f)--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5); and
                    (B) by inserting after paragraph (2) the following:
            ``(3) available open educational resources;''.

SEC. 5. SENSE OF CONGRESS.

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

SEC. 6. GAO REPORT.

    Not later than 3 years after the date of enactment of this Act, the 
Comptroller General of the United States 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 on the cost of textbooks to students at institutions of 
higher education. The report shall particularly examine--
            (1) the implementation of section 133 of the Higher 
        Education Act of 1965 (20 U.S.C. 1015b), as amended by section 
        4, including--
                    (A) the availability of college textbook and open 
                educational resource information on course schedules;
                    (B) the compliance of publishers with applicable 
                requirements under such section; and
                    (C) the costs and benefits to institutions of 
                higher education and to students;
            (2) the change in the cost of textbooks;
            (3) the factors, including open textbooks, that have 
        contributed to the change of the cost of textbooks;
            (4) the extent to which open textbooks are used at 
        institutions of higher education; and
            (5) how institutions are tracking the impact of open 
        textbooks on instruction and student learning outcomes.
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