[Congressional Record Volume 163, Number 154 (Tuesday, September 26, 2017)]
[Senate]
[Pages S6136-S6137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself, Mr. Franken, and Mr. King):
S. 1864. A bill to expand the use of open textbooks in order to
achieve savings for students; to the Committee on Health, Education,
Labor, and Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1864
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 2016-2017
academic year, the average student budget for college books
and supplies at 4-year public institutions of higher
education was $1,250.
(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.
SEC. 3. DEFINITIONS.
In this Act:
(1) Educational resource.--The term ``educational
resource'' means an educational material that can be used in
postsecondary instruction, including textbooks and other
written or audiovisual works.
(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 educational resource.--The term ``open educational
resource'' means an educational resource that either resides
in the public domain or has been released under an
intellectual property license that permits its free use,
reuse, modification, and sharing with others.
(4) 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.
(5) Relevant faculty.--The term ``relevant faculty'' means
both tenure track and contingent faculty members who may be
involved in the creation of open educational resources or the
use of open educational resources created as part of the
grant application.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. GRANT PROGRAM.
(a) Grants Authorized.--From the amounts appropriated under
subsection (i), 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.
(b) Eligible Entity.--In this section, the term ``eligible
entity'' means an institution of higher education or group of
institutions of higher education.
(c) 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
educational resources, whether existing open educational
resources could be used or adapted for the same purpose;
(C) a plan for quality review and review of accuracy of any
open educational resources 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 educational
resources, in the development of the application.
(d) 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; and
(D) open textbooks created or adapted in partnership with
entities, including campus bookstores, that will assist in
marketing and distribution of the open textbook.
(e) 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 educational resources,
especially open textbooks.
(3) Development or improvement of tools and informational
resources that 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.
(5) Partnerships with other entities, including other
institutions of higher education, for-profit organizations,
or nonprofit organizations, to carry out any of the
activities described in paragraphs (1) through (4).
(f) License.--Educational resources created under
subsection (e) shall be licensed under a nonexclusive,
irrevocable license to the public to exercise any of the
rights under copyright conditioned only on the requirement
that attribution be given as directed by the copyright owner.
(g) Access and Distribution.--The full and complete digital
content of each educational resource created or adapted under
subsection (e) 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; and
(2) in a machine readable, digital format that anyone can
directly download, edit with attribution, and redistribute.
(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--
(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) educational resources created or adapted under the
grant, including instructions on where the public can access
each educational resource under the terms of subsection (g);
(4) the impact of the project on instruction and student
learning outcomes; and
[[Page S6137]]
(5) 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 to carry out this section such sums as are
necessary for each of the 5 fiscal years succeeding the
fiscal year during which this Act is enacted.
SEC. 5. PRICE INFORMATION.
Section 133(b) of the Higher Education Act of 1965 (20
U.S.C. 1015b(b)) is amended--
(1) by striking paragraph (6);
(2) by redesignating paragraphs (7), (8), and (9), as
paragraphs (6), (7), and (8), respectively; and
(3) in paragraph (8), as redesignated by paragraph (2)--
(A) by striking subparagraphs (A) and (B); and
(B) by striking ``a college textbook that--'' and inserting
``a college textbook that may include printed materials,
computer disks, website access, and electronically
distributed materials.''.
SEC. 6. 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. 7. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this
Act, 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 the Workforce of
the House of Representatives detailing--
(1) the open textbooks created or adapted under this Act;
(2) the adoption of such open textbooks;
(3) the savings generated for students, States, and the
Federal Government through the use of open textbooks; and
(4) the impact of open textbooks on instruction and student
learning outcomes.
SEC. 8. 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 the Workforce of the House of
Representatives on the cost of textbooks to students at
institutions of higher education. The report shall
particularly examine--
(1) the change of the cost of textbooks;
(2) the factors that have contributed to the change of the
cost of textbooks;
(3) the extent to which open textbooks are used at
institutions of higher education;
(4) the impact of open textbooks on the cost of textbooks;
and
(5) how institutions are tracking the impact of open
textbooks on instruction and student learning outcomes.
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