[Congressional Record Volume 171, Number 38 (Wednesday, February 26, 2025)]
[Senate]
[Pages S1398-S1399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
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