[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 978 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 978
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 27, 2023
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 2022-2023
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 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 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 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; and
(H) a plan for updating the open textbooks beyond
the funded period.
(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 the 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 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 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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