,,ii #aahth ,,congress #ast ,session ,s4 #igh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bg1 #bjbc,mr4 ,durbin 7for himself1 ,mr4 ,king1 ,ms4 ,smith1 and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to expand the use of open textbooks in order to achieve savings for students and improve textbook price information4 #a4 ,short title ,this ,act may be cited as the ,affordable ,college ,textbook ,act 4 #b4 ,findings ,congress finds the following3 7#a7 ,the high cost of college textbooks continues to be a barrier for many students in achieving higher education4 7#b7 ,according to the ,college ,board1 during the #bjbb-bjbc academic year1 the average student budget for college books and supplies at #d-year public institutions of higher education was #a1bdj4 7#c7 ,the ,government ,accountability ,office found that new textbook prices increased #hb percent between #bjjb and #bjab and that although ,federal efforts to increase price transparency have provided students and families with more and better information1 more must be done to address rising costs4 7#d7 ,the growth of the internet has enabled the creation and sharing of digital content1 including open educational resources that can be freely used by students1 teachers1 and members of the public4 7#e7 ,according to the ,student ,p,i,r,gs1 expanded use of open educational resources has the potential to save students more than a billion dollars annually4 7#f7 ,federal investment in expanding the use of open educational resources has lowered college textbook costs and reduced financial barriers to higher education1 while making efficient use of taxpayer funds4 7#g7 ,educational materials1 including open educational resources1 must be accessible to the widest possible range of individuals1 including those with disabilities4 #c4 ,open textbook grant program 7a7 ,definitions ,in this section3 7#a7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#b7 ,open educational resource ,the term open educational resource has the meaning given the term in section #acc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;b74 7#c7 ,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 education4 7#d7 ,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 7d74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#f7 ,supplemental material ,the term supplemental material has the meaning given the term in section #acc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;b74 7b7 ,grants authorized ,from the amounts appropriated under subsection 7k71 the ,secretary shall make grants1 on a competitive basis1 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 outcomes4 7c7 ,eligible entity ,in this section1 the term eligible entity means an institution of higher education1 a consortium of institutions of higher education1 or a consortium of ,states on behalf of institutions of higher education4 7d7 ,applications 7#a7 ,in general ,each eligible entity desiring a grant under this section1 after consultation with relevant faculty1 shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may reasonably require4 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall include a description of the project to be completed with grant funds and-- 7,a7 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 consortium1 where applicable1 including an estimate of the projected savings that will be achieved for students2 7,b7 a plan for identifying gaps in the open textbook marketplace in courses that are part of degree-granting programs1 which may include a plan for evaluating1 before creating new open textbooks1 whether existing open textbooks could be used or adapted for the same purpose1 and in the case that a gap exists1 creating new open textbooks2 7,c7 a plan for quality review and review of accuracy of any open textbooks to be created or adapted through the grant2 7,d7 a plan for assessing the impact of open textbooks on instruction1 student learning outcomes1 course outcomes1 and educational costs at the eligible entity and across participating members of the consortium1 where applicable2 7,e7 a plan for disseminating information about the results of the project to institutions of higher education outside of the eligible entity1 including promoting the adoption of any open textbooks created or adapted through the grant2 7,f7 a statement on consultation with relevant faculty1 including those engaged in the creation of open textbooks1 in the development of the application2 7,g7 a plan for professional development to build the capacity of faculty1 instructors1 and other staff to adapt and use open textbooks2 and 7,h7 a plan for updating the open textbooks beyond the funded period4 7e7 ,special consideration ,in awarding grants under this section1 the ,secretary shall give special consideration to applications that demonstrate the greatest potential to-- 7#a7 achieve the highest level of savings for students through sustainable expanded use of open textbooks in postsecondary courses offered by the eligible entity2 7#b7 expand the use of open textbooks at institutions of higher education outside of the eligible entity2 and 7#c7 produce-- 7,a7 the highest quality open textbooks2 7,b7 open textbooks that can be most easily utilized and adapted by faculty members at institutions of higher education2 7,c7 open textbooks that correspond to the highest enrollment courses at institutions of higher education2 7,d7 open textbooks created or adapted in partnership with entities within institutions of higher education1 including campus bookstores1 that will assist in marketing and distribution of the open textbook2 and 7,e7 open textbooks that are accessible to students with disabilities4 7f7 ,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 textbooks3 7#a7 ,professional development for any faculty and staff members at institutions of higher education1 including the search for and review of open textbooks4 7#b7 ,creation or adaptation of open textbooks4 7#c7 ,development or improvement of supplemental materials and informational resources that are necessary to support the use of open textbooks1 including accessible instructional materials for students with disabilities4 7#d7 ,research evaluating the efficacy of the use of open textbooks for achieving savings for students and the impact on instruction and student learning outcomes4 7g7 ,license ,for each open textbook1 supplemental material1 or informational resource created or adapted wholly or in part under this section that constitutes a new copyrightable work1 the eligible entity receiving the grant shall release such textbook1 material1 or resource to the public under a non-exclusive1 royalty-free1 perpetual1 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 owner4 7h7 ,access and distribution ,the full and complete digital content of each open textbook1 supplemental material1 or informational resource created or adapted wholly or in part under this section shall be made available free of charge to the public-- 7#a7 on an easily accessible and interoperable website1 which shall be identified to the ,secretary by the eligible entity2 7#b7 in a machine readable1 digital format that anyone can directly download1 edit with attribution1 and redistribute2 7#c7 in a format that conforms to accessibility standards under section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d71 where feasible2 and 7#d7 with identifying information1 including the title1 edition1 author1 publisher1 copyright date1 and ,international ,standard ,book ,number1 if available4 7i7 ,report ,upon an eligible entity's completion of a project supported under this section1 the eligible entity shall prepare and submit a report to the ,secretary regarding-- 7#a7 the effectiveness of the project in expanding the use of open textbooks and in achieving savings for students2 7#b7 the impact of the project on expanding the use of open textbooks at institutions of higher education outside of the eligible entity2 7#c7 open textbooks1 supplemental materials1 and informational resources created or adapted wholly or in part under the grant1 including instructions on where the public can access each educational resource under the terms of subsection 7h72 7#d7 the impact of the project on instruction and student learning outcomes2 and 7#e7 all project costs1 including the value of any volunteer labor and institutional capital used for the project4 7j7 ,annual report to congress ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall prepare and submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives detailing-- 7#a7 the open textbooks1 supplemental materials1 and informational resources created or adapted wholly or in part under this section2 7#b7 the adoption of such open textbooks1 including outside of the eligible entity2 7#c7 the savings generated for students1 ,states1 and the ,federal ,government through projects supported under this section2 and 7#d7 the impact of projects supported under this section on instruction and student learning outcomes4 7k7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as are necessary4 #d4 ,textbook price information ,section #acc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;b7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,open educational resource ,the term open educational resource means a teaching1 learning1 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 use1 reuse1 modification1 and sharing with attribution4 2 and 7,b7 in paragraph 7#i71 by striking textbook that and all that follows through the period at the end and inserting textbook that may include printed materials1 website access1 and electronically distributed materials42 7#b7 in subsection 7c77#a7-- 7,a7 in the matter preceding subparagraph 7,a71 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 materials2 7,b7 in subparagraph 7,a71 by inserting such institution of higher education or to after would make the college textbook or supplemental material available to2 and 7,c7 by adding at the end the following3 7,e7 ,whether the college textbook or supplemental material is an open educational resource4 7,f7 ,for a college textbook or supplemental material delivered primarily in a digital format1 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 material1 including whether a student can opt out of such terms and conditions4 2 7#c7 in subsection 7d7-- 7,a7 in the subsection heading1 by striking ,,isbn2 and 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 verify and disclose1 on 7or linked from7 the institution's ,internet course schedule1 for each course listed in such course schedule1 and in a manner of the institution's choosing 7except 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 material1 then the institution shall indicate the status of such information in lieu of the information required under this subsection7-- 7,a7 the ,international ,standard ,book ,number of required and recommended college textbooks and supplemental materials1 except that if the ,international ,standard ,book ,number is not available for such college textbook or supplemental material1 then the institution shall include in the ,internet course schedule the author1 title1 publisher1 and copyright date for such college textbook or supplemental material2 7,b7 the retail price of required and recommended college textbooks and supplemental materials2 7,c7 any applicable fee information of required and recommended college textbooks and supplemental materials2 7,d7 whether each required and recommended college textbook and supplemental material is an open educational resource2 and 7,e7 for a college textbook or supplemental material delivered primarily in a digital format1 a link to the summary required to be provided by the publisher under subsection 7c77#a77;,f72 and 2 7#d7 by striking subsection 7e7 and inserting the following3 7e7 ,availability of information for college bookstores 7#a7 ,in general ,an institution of higher education receiving ,federal financial assistance shall assist a college bookstore that is operated by1 or in a contractual relationship or otherwise affiliated with1 the institution1 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-- 7,a7 verify availability of such materials2 7,b7 source lower cost options1 including presenting lower cost alternatives to faculty for faculty to consider1 when practicable2 and 7,c7 maximize the availability of format options for students4 7#b7 ,due dates ,in carrying out paragraph 7#a71 an institution of higher education may establish due dates for faculty or departments to notify the campus bookstore of required and recommended course materials4 2 and 7#e7 in subsection 7f7-- 7,a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e72 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 available open educational resources2 4 #e4 ,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 members1 individually and collectively1 to select course materials that are pedagogically most appropriate for their classes4 #f4 ,,gao report ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare and submit a report to the ,committee on ,health1 ,education1 ,labor1 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 education4 ,the report shall particularly examine-- 7#a7 the implementation of section #acc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;b71 as amended by section #d1 including-- 7,a7 the availability of college textbook and open educational resource information on course schedules2 7,b7 the compliance of publishers with applicable requirements under such section2 and 7,c7 the costs and benefits to institutions of higher education and to students2 7#b7 the change in the cost of textbooks2 7#c7 the factors1 including open textbooks1 that have contributed to the change of the cost of textbooks2 7#d7 the extent to which open textbooks are used at institutions of higher education2 and 7#e7 how institutions are tracking the impact of open textbooks on instruction and student learning outcomes4