To require Federal agencies to collaborate in the development of freely-available open source educational materials in college-level physics, chemistry, and math, and for other purposes.

Summary: Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2009 - Requires each federal agency that expends more than $10 million in a fiscal year on scientific education and outreach to use at least 2% of such funds for collaboration on the development and implementation of open source materials as an educational outreach effort.

Directs such agencies, under the joint guidance of the Director of the National Science Foundation (NSF) and the Secretary of Energy (DOE), to collaborate with each other or with any federally supported laboratory or university-based research program to develop, implement, and establish procedures for checking the veracity, accuracy, and educational effectiveness of open source materials that: (1) contain a comprehensive set of textbooks or other educational materials covering topics in college-level physics, chemistry, or math; (2) such agencies post on a Federal Open Source Material Website, which shall be available to the public without charge; (3) are updated prior to each academic year with the latest research and information ; and (4) are free of copyright violations.

Requires the Director and the Secretary to award joint grants to eligible entities to: (1) develop and implement such open source materials; and (2) evaluate and report to the Director and Secretary on the materials produced.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Learning Opportunities With Creation 
of Open Source Textbooks (LOW COST) Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The College Board reported that for the 2007 through 
        2008 academic years each student spent an estimated $805 to 
        $1,229 on college books and supplies depending on the type of 
        institution of higher education a student attended.
            (2) The gross margin on new college textbooks is currently 
        22.7 percent according to the National Association of College 
        Stores.
            (3) In a recent study, the Government Accountability Office 
        found that college textbook prices have risen at twice the rate 
        of annual inflation over the last two decades.
            (4) An open source material project that would make high 
        quality educational materials freely available to the general 
        public would drop college textbook costs and increase 
        accessibility to such education materials.
            (5) College-level open source course work materials in 
        math, physics, and chemistry represent a high-priority first 
        step in this area.
            (6) The scientific and technical workforce at Federal 
        agencies, national laboratories, and federally supported 
        university-based research programs could make a valuable 
        contribution to this effort.
            (7) A Federal oversight role in the creation and 
        maintenance of standard, publicly vetted textbooks is desirable 
        to ensure that intellectual property is respected and that 
        public standards for quality, educational effectiveness, and 
        scientific accuracy are maintained.

SEC. 3. OPEN SOURCE MATERIAL REQUIREMENT FOR FEDERAL AGENCIES.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the head of each agency that expends more than 
$10,000,000 in a fiscal year on scientific education and outreach shall 
use at least 2 percent of such funds for the collaboration on the 
development and implementation of open source materials as an 
educational outreach effort in accordance with subsection (b).
    (b) Requirements.--The head of each agency described in subsection 
(a) shall, under the joint guidance of the Director of the National 
Science Foundation and the Secretary of Energy, collaborate with the 
heads of any of the agencies described in such subsection or any 
federally supported laboratory or university-based research program to 
develop, implement, and establish procedures for checking the veracity, 
accuracy, and educational effectiveness of open source materials that--
            (1) contain, at minimum, a comprehensive set of textbooks 
        or other educational materials covering topics in college-level 
        physics, chemistry, or math;
            (2) are posted on the Federal Open Source Material Website;
            (3) are updated prior to each academic year with the latest 
        research and information on the topics covered in the textbooks 
        or other educational materials available on the Federal Open 
        Source Material Website; and
            (4) are free of copyright violations.

SEC. 4. GRANT PROGRAM.

    (a) Grants Authorized.--From the amounts appropriated under 
subsection (d), the Director and the Secretary shall jointly award 
grants to eligible entities to produce open source materials in 
accordance with subsection (c).
    (b) Application.--To receive a grant under this section, an 
eligible entity shall submit an application to the Director and the 
Secretary at such time, in such manner, and containing such information 
as the Director and Secretary may require.
    (c) Uses of Grant.--An eligible entity that receives a grant under 
this section shall use such funds--
            (1) to develop and implement open source materials that 
        contain educational materials covering topics in college-level 
        physics, chemistry, or math; and
            (2) to evaluate the open sources materials produced with 
        the grant funds awarded under this section and to submit a 
        report containing such evaluation to the Director and 
        Secretary.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $15,000,000 to carry out this section for fiscal year 2010 
and such sums as necessary for each succeeding fiscal year.

SEC. 5. REGULATIONS.

    The Director and the Secretary shall jointly prescribe regulations 
necessary to implement this Act, including redistribution and 
attribution standards for open source materials produced under this 
Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the National Science Foundation.
            (2) Eligible entity.--The term ``eligible entity'' means an 
        institution of higher education, nonprofit or for-profit 
        organization, Federal agency, or any other organization that 
        produces the open source materials described in section 4(c).
            (3) Federal open source material website.--The phrase 
        ``Federal Open Source Material Website'' means the website 
        where the head of each agency described in section 3 shall post 
        the open source materials pursuant to such section, which shall 
        be made available free of charge to, and may be downloaded, 
        redistributed, changed, revised or otherwise altered by, any 
        member of the general public.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' means an institution of 
        higher education as defined in section 101 of the Higher 
        Education Act of 1965 (20 U.S.C. 1001).
            (5) Open source materials.--The term ``open source 
        materials'' means materials that are posted on a website that 
        is available free of charge to, and may be downloaded, 
        redistributed changed, revised or otherwise altered by, any 
        member of the general public.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.