[Congressional Record Volume 168, Number 43 (Thursday, March 10, 2022)]
[Senate]
[Pages S1122-S1123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. King, Ms. Smith, and Ms. Sinema):
  S. 3818. A bill to expand the use of open textbooks in order to 
achieve savings for students and improve textbook price information; 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. 3818

       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;

[[Page S1123]]

       (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.

                          ____________________