What This Bill Does
This bill creates a grant program to help colleges use open textbooks (free, freely available educational materials) instead of expensive textbooks to save students money. The bill also requires colleges to provide clearer information about textbook prices and whether open textbooks are available for their courses.
Who It Affects
Colleges and universities that receive federal funding, college students, faculty members at higher education institutions, college bookstores, textbook publishers, and the U.S. Department of Education.
Key Provisions
• The Secretary of Education must award grants to colleges to expand use of open textbooks and achieve cost savings for students while maintaining or improving instruction and student learning (Sec. 3(b)).
• Grant recipients must release any newly created textbooks, materials and resources to the public under a free license that allows anyone to use, edit and share them with attribution (Sec. 3(g)).
• All digital content created with grant funds must be made freely available to the public in machine-readable format that anyone can download, edit and redistribute (Sec. 3(h)).
• Colleges must disclose on their course schedules whether textbooks are open educational resources and provide the retail price of required and recommended textbooks and materials (Sec. 4).
• The Secretary must submit annual reports to Congress detailing which open textbooks were created, how widely they were adopted, how much money students saved, and their impact on student learning (Sec. 3(j)).
What Changes
Colleges receiving federal funding will need to display textbook price information and open textbook availability on their online course schedules. Colleges competing for grants must consult with faculty and create plans to adopt open textbooks. Any textbooks or materials created with grant money must be released free to the public under an open license. The Department of Education will need to issue annual reports tracking the program's progress.
Important Definitions
"Open educational resource" means teaching, learning or research material offered free to users that is in the public domain or released under a license allowing free use, reuse, modification and sharing with attribution (Sec. 4).
"Open textbook" means an open educational resource or set of resources that either is a textbook or can replace a textbook for a college course (Sec. 3(a)).
II
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Affordable College
4
Textbook Act’’.
5
SEC. 2. FINDINGS.
6
Congress finds the following:
7
(1) The high cost of college textbooks continues
8
to be a barrier for many students in achieving high-
9
er education.
10
VerDate Sep 11 2014
00:59 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S978.IS
S978
kjohnson on DSK79L0C42PROD with BILLS
2
•S 978 IS
(2) According to the College Board, during the
1
2022–2023 academic year, the average student
2
budget for college books and supplies at 4-year pub-
3
lic institutions of higher education was $1,240.
4
(3) The Government Accountability Office
5
found that new textbook prices increased 82 percent
6
between 2002 and 2012 and that although Federal
7
efforts to increase price transparency have provided
8
students and families with more and better informa-
9
tion, more must be done to address rising costs.
10
(4) The growth of the internet has enabled the
11
creation and sharing of digital content, including
12
open educational resources that can be freely used
13
by students, teachers, and members of the public.
14
(5) According to the Student PIRGs, expanded
15
use of open educational resources has the potential
16
to save students more than a billion dollars annually.
17
(6) Federal investment in expanding the use of
18
open educational resources has lowered college text-
19
book costs and reduced financial barriers to higher
20
education, while making efficient use of taxpayer
21
funds.
22
(7) Educational materials, including open edu-
23
cational resources, must be accessible to the widest
24
VerDate Sep 11 2014
00:59 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S978.IS
S978
kjohnson on DSK79L0C42PROD with BILLS
3
•S 978 IS
possible range of individuals, including those with
1
disabilities.
2
SEC. 3. OPEN TEXTBOOK GRANT PROGRAM.
3
(a) DEFINITIONS.—In this section:
4
(1) INSTITUTION OF HIGHER EDUCATION.—The
5
term ‘‘institution of higher education’’ has the
6
meaning given the term in section 101 of the Higher
7
Education Act of 1965 (20 U.S.C. 1001).
8
(2) OPEN EDUCATIONAL RESOURCE.—The term
9
‘‘open educational resource’’ has the meaning given
10
the term in section 133 of the Higher Education Act
11
of 1965 (20 U.S.C. 1015b).
12
(3) OPEN TEXTBOOK.—The term ‘‘open text-
13
book’’ means an open educational resource or set of
14
open educational resources that either is a textbook
15
or can be used in place of a textbook for a postsec-
16
ondary course at an institution of higher education.
17
(4) RELEVANT FACULTY.—The term ‘‘relevant
18
faculty’’ means both tenure track and contingent
19
faculty members who may be involved in the creation
20
or use of open textbooks created as part of an appli-
21
cation under subsection (d).
22
(5) SECRETARY.—The term ‘‘Secretary’’ means
23
the Secretary of Education.
24
VerDate Sep 11 2014
00:59 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S978.IS
S978
kjohnson on DSK79L0C42PROD with BILLS
4
•S 978 IS
(6) SUPPLEMENTAL
MATERIAL.—The term
1
‘‘supplemental material’’ has the meaning given the
2
term in section 133 of the Higher Education Act of
3
1965 (20 U.S.C. 1015b).
4
(b) GRANTS AUTHORIZED.—From the amounts ap-
5
propriated under subsection (k), the Secretary shall make
6
grants, on a competitive basis, to eligible entities to sup-
7
port projects that expand the use of open textbooks in
8
order to achieve savings for students while maintaining or
9
improving instruction and student learning outcomes.
10
(c) ELIGIBLE ENTITY.—In this section, the term ‘‘el-
11
igible entity’’ means an institution of higher education, a
12
consortium of institutions of higher education, or a consor-
13
tium of States on behalf of institutions of higher edu-
14
cation.
15
(d) APPLICATIONS.—
16
(1) IN GENERAL.—Each eligible entity desiring
17
a grant under this section, after consultation with
18
relevant faculty, shall submit an application to the
19
Secretary at such time, in such manner, and accom-
20
panied by such information as the Secretary may
21
reasonably require.
22
(2) CONTENTS.—Each application submitted
23
under paragraph (1) shall include a description of
24
the project to be completed with grant funds and—
25
VerDate Sep 11 2014
00:59 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S978.IS
S978
kjohnson on DSK79L0C42PROD with BILLS
5
•S 978 IS
(A) a plan for promoting and tracking the
1
use of open textbooks in postsecondary courses
2
offered by the eligible entity and across partici-
3
pating members of the consortium, where appli-
4
cable, including an estimate of the projected
5
savings that will be achieved for students;
6
(B) a plan for identifying gaps in the open
7
textbook marketplace in courses that are part
8
of degree-granting programs, which may include
9
a plan for evaluating, before creating new open
10
textbooks, whether existing open textbooks
11
could be used or adapted for the same purpose,
12
and in the case that a gap exists, creating new
13
open textbooks;
14
(C) a plan for quality review and review of
15
accuracy of any open textbooks to be created or
16
adapted through the grant;
17
(D) a plan for assessing the impact of
18
open textbooks on instruction, student learning
19
outcomes, course outcomes, and educational
20
costs at the eligible entity and across partici-
21
pating members of the consortium, where appli-
22
cable;
23
(E) a plan for disseminating information
24
about the results of the project to institutions
25
VerDate Sep 11 2014
00:59 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S978.IS
S978
kjohnson on DSK79L0C42PROD with BILLS
6
•S 978 IS
of higher education outside of the eligible enti-
1
ty, including promoting the adoption of any
2
open textbooks created or adapted through the
3
grant;
4
(F) a statement on consultation with rel-
5
evant faculty, including those engaged in the
6
creation of open textbooks, in the development
7
of the application;
8
(G) a plan for professional development to
9
build the capacity of faculty, instructors, and
10
other staff to adapt and use open textbooks;
11
and
12
(H) a plan for updating the open textbooks
13
beyond the funded period.
14
(e) SPECIAL CONSIDERATION.—In awarding grants
15
under this section, the Secretary shall give special consid-
16
eration to applications that demonstrate the greatest po-
17
tential to—
18
(1) achieve the highest level of savings for stu-
19
dents through sustainable expanded use of open
20
textbooks in postsecondary courses offered by the el-
21
igible entity;
22
(2) expand the use of open textbooks at institu-
23
tions of higher education outside of the eligible enti-
24
ty; and
25
VerDate Sep 11 2014
00:59 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S978.IS
S978
kjohnson on DSK79L0C42PROD with BILLS
7
•S 978 IS
(3) produce—
1
(A) the highest quality open textbooks;
2
(B) open textbooks that can be most easily
3
utilized and adapted by faculty members at in-
4
stitutions of higher education;
5
(C) open textbooks that correspond to the
6
highest enrollment courses at institutions of
7
higher education;
8
(D) open textbooks created or adapted in
9
partnership with entities within institutions of
10
higher education, including campus bookstores,
11
that will assist in marketing and distribution of
12
the open textbook; and
13
(E) open textbooks that are accessible to
14
students with disabilities.
15
(f) USE OF FUNDS.—An eligible entity that receives
16
a grant under this section shall use the grant funds to
17
carry out any of the following activities to expand the use
18
of open textbooks:
19
(1) Professional development for any faculty
20
and staff members at institutions of higher edu-
21
cation, including the search for and review of open
22
textbooks.
23
(2) Creation or adaptation of open textbooks.
24
VerDate Sep 11 2014
00:59 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S978.IS
S978
kjohnson on DSK79L0C42PROD with BILLS
8
•S 978 IS
(3) Development or improvement of supple-
1
mental materials and informational resources that
2
are necessary to support the use of open textbooks,
3
including accessible instructional materials for stu-
4
dents with disabilities.
5
(4) Research evaluating the efficacy of the use
6
of open textbooks for achieving savings for students
7
and the impact on instruction and student learning
8
outcomes.
9
(g) LICENSE.—For each open textbook, supplemental
10
material, or informational resource created or adapted
11
wholly or in part under this section that constitutes a new
12
copyrightable work, the eligible entity receiving the grant
13
shall release such textbook, material, or resource to the
14
public under a non-exclusive, royalty-free, perpetual, and
15
irrevocable license to exercise any of the rights under copy-
16
right conditioned only on the requirement that attribution
17
be given as directed by the copyright owner.
18
(h) ACCESS AND DISTRIBUTION.—The full and com-
19
plete digital content of each open textbook, supplemental
20
material, or informational resource created or adapted
21
wholly or in part under this section shall be made available
22
free of charge to the public—
23
VerDate Sep 11 2014
00:59 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S978.IS
S978
kjohnson on DSK79L0C42PROD with BILLS
9
•S 978 IS
(1) on an easily accessible and interoperable
1
website, which shall be identified to the Secretary by
2
the eligible entity;
3
(2) in a machine readable, digital format that
4
anyone can directly download, edit with attribution,
5
and redistribute;
6
(3) in a format that conforms to accessibility
7
standards under section 508 of the Rehabilitation
8
Act of 1973 (29 U.S.C. 794d), where feasible; and
9
(4) with identifying information, including the
10
title, edition, author, publisher, copyright date, and
11
International Standard Book Number, if available.
12
(i) REPORT.—Upon an eligible entity’s completion of
13
a project supported under this section, the eligible entity
14
shall prepare and submit a report to the Secretary regard-
15
ing—
16
(1) the effectiveness of the project in expanding
17
the use of open textbooks and in achieving savings
18
for students;
19
(2) the impact of the project on expanding the
20
use of open textbooks at institutions of higher edu-
21
cation outside of the eligible entity;
22
(3) open textbooks, supplemental materials, and
23
informational resources created or adapted wholly or
24
in part under the grant, including instructions on
25
VerDate Sep 11 2014
00:59 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\S978.IS
S978
kjohnson on DSK79L0C42PROD with BILLS
10
•S 978 IS
where the public can access each educational re-
1
source under the terms of subsection (h);
2
(4) the impact of the project on instruction and
3
student learning outcomes; and
4
(5) all project costs, including the value of any
5
volunteer labor and institutional capital used for the
6
project.
7
(j) ANNUAL REPORT TO CONGRESS.—Not later than
8
2 years after the date of enactment of this Act, and annu-
9
ally thereafter, the Secretary shall prepare and submit a
10
report to the Committee on Health, Education, Labor, and
11
Pensions of the Senate and the Committee on Education
12
and the Workforce of the House of Representatives detail-
13
ing—
14
(1) the open textbooks, supplemental materials,
15
and informational resources created or adapted
16
wholly or in part under this section;
17
(2) the adoption of such open textbooks, includ-
18
ing outside of the eligible entity;
19
(3) the savings generated for students, States,
20
and the Federal Government through projects sup-
21
ported under this section; and
22
(4) the impact of projects supported under this
23
section on instruction and student learning out-
24
comes.
25
VerDate Sep 11 2014
00:59 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\S978.IS
S978
kjohnson on DSK79L0C42PROD with BILLS
11
•S 978 IS
(k) AUTHORIZATION
OF APPROPRIATIONS.—There
1
are authorized to be appropriated to carry out this section
2
such sums as are necessary.
3
SEC. 4. TEXTBOOK PRICE INFORMATION.
4
Section 133 of the Higher Education Act of 1965 (20
5
U.S.C. 1015b) is amended—
6
(1) in subsection (b)—
7
(A) by striking paragraph (6) and insert-
8
ing the following:
9
‘‘(6) OPEN
EDUCATIONAL
RESOURCE.—The
10
term ‘open educational resource’ means a teaching,
11
learning, or research resource that is offered freely
12
to users in at least one form and that resides in the
13
public domain or has been released under an open
14
copyright license that allows for its free use, reuse,
15
modification, and sharing with attribution.’’; and
16
(B) in paragraph (9), by striking ‘‘text-
17
book that’’ and all that follows through the pe-
18
riod at the end and inserting ‘‘textbook that
19
may include printed materials, website access,
20
and electronically distributed materials.’’;
21
(2) in subsection (c)(1)—
22
(A) in the matter preceding subparagraph
23
(A), by striking ‘‘or other person or adopting
24
entity in charge of selecting course materials’’
25
VerDate Sep 11 2014
00:59 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\S978.IS
S978
kjohnson on DSK79L0C42PROD with BILLS
12
•S 978 IS
and inserting ‘‘or other person or entity in
1
charge of selecting or aiding in the discovery
2
and procurement of course materials’’;
3
(B) in subparagraph (A), by inserting
4
‘‘such institution of higher education or to’’
5
after ‘‘would make the college textbook or sup-
6
plemental material available to’’; and
7
(C) by adding at the end the following:
8
‘‘(E) Whether the college textbook or sup-
9
plemental material is an open educational re-
10
source.
11
‘‘(F) For a college textbook or supple-
12
mental material delivered primarily in a digital
13
format, a summary of terms and conditions
14
under which a publisher collects and uses stu-
15
dent data through the student’s use of suc
[Text truncated for display. Full text available on Congress.gov.]