    [Congressional Record Volume 171, Number 38 (Wednesday, February 26, 2025)]
    [Senate]
    [Pages S1398-S1400]
    From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

              STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

                                     ______

          By Mr. DURBIN (for himself, Mr. King, Ms. Smith, and Mr. Wyden):
      S. 740. 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. 740

           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 2024-2025
         academic year, the average student budget for college books
         and supplies at 4-year public institutions of higher
         education was $1,290.
           (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 has lowered college textbook costs and
         reduced 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
         consortium of institutions of higher education, or a
         consortium of States on behalf of institutions of higher
         education.
           (d) Applications.--
           (1) In general.--Each eligible entity desiring a grant
         under this section, after consultation and consensus 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 and across participating members of the consortium,
         where applicable, including an estimate of the projected
         savings that will be achieved for students;
           (B) a plan for identifying gaps in the open textbook
         marketplace in courses that are part of degree-granting
         programs, which may include a plan for evaluating, before
         creating new open textbooks, whether existing open textbooks
         could be used or adapted for the same purpose, and in the
         case that a gap exists, creating new open textbooks;
           (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, student learning outcomes, course outcomes, and
         educational costs at the eligible entity and across
         participating members of the consortium, where applicable;
           (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;
           (F) a statement on consultation and consensus with relevant
         faculty, including those engaged in the creation of open
         textbooks, in the development of the application;
           (G) a plan for professional development to build the
         capacity of faculty, instructors, and other staff to adapt
         and use open textbooks;
           (H) a plan for updating the open textbooks beyond the
         funded period; and
           (I) a plan to make open textbooks that are accessible to
         students with disabilities.
           (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 relevant 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 within institutions of higher education, including
         campus bookstores, that will assist in marketing and
         distribution of the open textbook.
           (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 relevant 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;

    [[Page S1399]]

           (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 Workforce 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, 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 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 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, relevant faculty, and 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.
                                     ______

          By Mrs. FISCHER (for herself and Mr. Lankford):
      S. 750. A bill to prohibit the Secretary of Health and Human Services
    from implementing, enforcing, or otherwise giving effect to a final
    rule regarding minimum staffing for nursing facilities, and to
    establish an advisory panel on the nursing home workforce; to the
    Committee on Finance.
      Mrs. FISCHER. Mr. President, across America, 1.3 million people live
    in nursing homes. Many of us have parents, grandparents, or other loved
    ones who rely on these homes for care and community in their golden
    years. We understand just how vital nursing homes are--whether it is in
    urban, suburban, or rural areas--to help seniors in our country thrive.
      But, unfortunately, a Federal rule that is still in place from the
    Biden era is putting many of America's nursing homes in jeopardy,
    especially those in our rural communities. Last year, under President
    Biden, the Centers for Medicare and Medicaid Services finalized a rule
    that placed strict, unrealistic regulations on nursing homes. The rule
    requires a registered nurse to be present 24/7 in these homes and
    requires 3\1/2\ daily hours of dedicated nursing care for each
    resident. If this rule is not stopped, the regulations will be imposed
    on every nursing home in America over the next few years.
      It does sound nice to be able to have a nurse on hand in nursing
    homes every moment of the day or night, but that is not the reality.
    The reality is that

    [[Page S1400]]

    these homes are already facing historic staffing shortages. Across the
    country, nursing homes lost more than 200,000 workers from February
    2020 to December 2022. These shortages have already caused many nursing
    homes to close down.
      Since 2015, 44 nursing homes and 35 assisted living facilities have
    shut their doors in my State--in Nebraska--alone. These closures
    deprived Nebraskans of over 3,000 beds. They hurt seniors who wanted to
    stay in their home community to be close to their family, to be close
    to their friends.
      This CMS rule will worsen this crisis. According to the Agency
    itself, 75 percent of America's nursing homes will have to increase
    staffing to comply with this regulation. Under the Biden
    administration's rule, nursing homes now have to scramble so that they
    can find staff in the midst of these really overwhelming shortages. If
    they fail, they have to shut their doors; they have to deprive seniors
    of care and housing.
      That is why, today, I reintroduced legislation to stop this Biden-era
    rule in its tracks. My Protecting Rural Seniors' Access to Care Act
    will prevent the rule's misguided requirements from going into full
    effect. It will also establish an advisory panel on the nursing home
    workforce, representing various stakeholders, including members from
    rural and underserved areas. This will ensure that the government hears
    voices outside the big cities--those big cities on the coasts--when it
    comes to our nursing homes.
      Nursing homes are few and far between in rural areas of our country.
    If one facility closes, the next closest one could be many miles or
    even many hours away. Just one closure could be detrimental to seniors
    in some of our communities.
      But if our nursing homes stay open, seniors won't have to face that
    upheaval of finding a new place to live, of moving, of leaving their
    home communities, leaving their loved ones, leaving their friends, and
    having that upheaval in their final years. They won't have to leave
    their family. They won't have to leave loved ones. They won't have to
    experience the loneliness, the uncertainty, the depression that can
    come along with moving to an unfamiliar place.
      My bill advocates for these seniors, for their care, and for their
    families. It fights for our rural communities and for our nursing homes
    in my State of Nebraska and across this country. I will keep pushing
    for this legislation until the President signs it into law so that we
    can protect our seniors from a rule that would only harm them, harm
    their families, and harm their caretakers.

                              ____________________