II 

114TH CONGRESS 

1ST SESSION S. 2176 

To expand the use of open textbooks in order to achieve savings for students. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 8, 2015 

Mr. DURBIN (for himself, Mr. FRANKEN, and Mr. KING) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Affordable College 

5 Textbook Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The high cost of college textbooks continues 

9 to be a barrier for many students in achieving high10 er education. 


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1 (2) According to the College Board, during the 

2 2014–2015 academic year, the average student 

3 budget for college books and supplies at 4-year pub4 lic institutions of higher education was $1,225. 

5 (3) The Government Accountability Office 

6 found that new textbook prices increased 82 percent 

7 between 2002 and 2012 and that although Federal 

8 efforts to increase price transparency have provided 

9 students and families with more and better informa10 tion, more must be done to address rising costs. 

11 (4) The growth of the Internet has enabled the 

12 creation and sharing of digital content, including 

13 open educational resources that can be freely used 

14 by students, teachers, and members of the public. 

15 (5) Using open educational resources in place of 

16 traditional materials in large-enrollment college 

17 courses can reduce textbook costs by 80 to 100 per18 cent. 

19 (6) Federal investment in expanding the use of 

20 open educational resources could significantly lower 

21 college textbook costs and reduce financial barriers 

22 to higher education, while making efficient use of 

23 taxpayer funds. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


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1 (1) EDUCATIONAL RESOURCE.—The term ‘‘edu2 cational resource’’ means an educational material 

3 that can be used in postsecondary instruction, in4 cluding textbooks and other written or audiovisual 

5 works. 

6 (2) INSTITUTION OF HIGHER EDUCATION.—The 

7 term ‘‘institution of higher education’’ has the 

8 meaning given the term in section 101 of the Higher 

9 Education Act of 1965 (20 U.S.C. 1001). 

10 (3) OPEN EDUCATIONAL RESOURCE.—The term 

11 ‘‘open educational resource’’ means an educational 

12 resource that either is in the public domain or is 

13 made available under a permanent copyright license 

14 to the public to freely adapt, distribute, and other15 wise use the work with attribution to the author as 

16 designated. 

17 (4) OPEN TEXTBOOK.—The term ‘‘open text18 book’’ means an open educational resource or set of 

19 open educational resources that either is a textbook 

20 or can be used in place of a textbook for a postsec21 ondary course at an institution of higher education. 

22 (5) RELEVANT FACULTY.—The term ‘‘relevant 

23 faculty’’ means both tenure track and contingent 

24 faculty members who may be involved in the creation 

25 of open educational resources or the use of open 


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1 educational resources created as part of the grant 

2 application. 

3 (6) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Education. 

5 SEC. 4. GRANT PROGRAM. 

6 (a) GRANTS AUTHORIZED.—From the amounts ap7 propriated under subsection (i), the Secretary shall make 

8 grants, on a competitive basis, to eligible entities to sup9 port pilot programs that expand the use of open textbooks 

10 in order to achieve savings for students. 

11 (b) ELIGIBLE ENTITY.—In this section, the term ‘‘el12 igible entity’’ means an institution of higher education or 

13 group of institutions of higher education. 

14 (c) APPLICATIONS.— 

15 (1) IN GENERAL.—Each eligible entity desiring 

16 a grant under this section, after consultation with 

17 relevant faculty, shall submit an application to the 

18 Secretary at such time, in such manner, and accom19 panied by such information as the Secretary may 

20 reasonably require. 

21 (2) CONTENTS.—Each application submitted 

22 under paragraph (1) shall include a description of 

23 the project to be completed with grant funds and— 

24 (A) a plan for promoting and tracking the 

25 use of open textbooks in postsecondary courses 


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1 offered by the eligible entity, including an esti2 mate of the projected savings that will be 

3 achieved for students; 

4 (B) a plan for evaluating, before creating 

5 new open educational resources, whether exist6 ing open educational resources could be used or 

7 adapted for the same purpose; 

8 (C) a plan for quality review and review of 

9 accuracy of any open educational resources to 

10 be created or adapted through the grant; 

11 (D) a plan for disseminating information 

12 about the results of the project to institutions 

13 of higher education outside of the eligible enti14 ty, including promoting the adoption of any 

15 open textbooks created or adapted through the 

16 grant; and 

17 (E) a statement on consultation with rel18 evant faculty, including those engaged in the 

19 creation of open educational resources, in the 

20 development of the application. 

21 (d) SPECIAL CONSIDERATION.—In awarding grants 

22 under this section, the Secretary shall give special consid23 eration to applications that demonstrate the greatest po24 tential to— 


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1 (1) achieve the highest level of savings for stu2 dents through sustainable expanded use of open 

3 textbooks in postsecondary courses offered by the el4 igible entity; 

5 (2) expand the use of open textbooks at institu6 tions of higher education outside of the eligible enti7 ty; and 

8 (3) produce— 

9 (A) the highest quality open textbooks; 

10 (B) open textbooks that can be most easily 

11 utilized and adapted by faculty members at in12 stitutions of higher education; 

13 (C) open textbooks that correspond to the 

14 highest enrollment courses at institutions of 

15 higher education; and 

16 (D) open textbooks created or adapted in 

17 partnership with entities, including campus 

18 bookstores, that will assist in marketing and 

19 distribution of the open textbook. 

20 (e) USE OF FUNDS.—An eligible entity that receives 

21 a grant under this section shall use the grant funds to 

22 carry out any of the following activities to expand the use 

23 of open textbooks: 

24 (1) Professional development for any faculty 

25 and staff members at institutions of higher eduVerDate Sep 11 2014 19:49 Oct 13, 2015 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2176.IS S2176

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1 cation, including the search for and review of open 

2 textbooks. 

3 (2) Creation or adaptation of open educational 

4 resources, especially open textbooks. 

5 (3) Development or improvement of tools and 

6 informational resources that support the use of open 

7 textbooks. 

8 (4) Research evaluating the efficacy of the use 

9 of open textbooks for achieving savings for students. 

10 (5) Partnerships with other entities, including 

11 other institutions of higher education, for-profit or12 ganizations, or nonprofit organizations, to carry out 

13 any of the activities described in paragraphs (1) 

14 through (4). 

15 (f) LICENSE.—Educational resources created under 

16 subsection (e) shall be licensed under a nonexclusive, per17 manent license to the public to exercise any of the rights 

18 under copyright conditioned only on the requirement that 

19 attribution be given as directed by the copyright owner. 

20 (g) ACCESS AND DISTRIBUTION.—The full and com21 plete digital content of each educational resource created 

22 or adapted under subsection (e) shall be made available 

23 free of charge to the public— 


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1 (1) on an easily accessible and interoperable 

2 website, which shall be identified to the Secretary by 

3 the eligible entity; and 

4 (2) in a machine readable, digital format that 

5 anyone can directly download, edit with attribution, 

6 and redistribute. 

7 (h) REPORT.—Upon an eligible entity’s completion of 

8 a project supported under this section, the eligible entity 

9 shall prepare and submit a report to the Secretary regard10 ing— 

11 (1) the effectiveness of the pilot program in ex12 panding the use of open textbooks and in achieving 

13 savings for students; 

14 (2) the impact of the pilot program on expand15 ing the use of open textbooks at institutions of high16 er education outside of the eligible entity; 

17 (3) educational resources created or adapted 

18 under the grant, including instructions on where the 

19 public can access each educational resource under 

20 the terms of subsection (g); and 

21 (4) all project costs, including the value of any 

22 volunteer labor and institutional capital used for the 

23 project. 

24 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated such sums as are necVerDate Sep 11 2014 19:49 Oct 13, 2015 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2176.IS S2176

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1 essary to carry out this section for each of the 5 suc2 ceeding fiscal years after the enactment of this Act. 

3 SEC. 5. PRICE INFORMATION. 

4 Section 133(b) of the Higher Education Act of 1965 

5 (20 U.S.C. 1015b(b)) is amended— 

6 (1) by striking paragraph (6); and 

7 (2) in paragraph (9); 

8 (A) by striking subparagraphs (A) and 

9 (B); and 

10 (B) by striking ‘‘a college textbook that— 

11 ’’ and inserting ‘‘a college textbook that may in12 clude printed materials, computer disks, website 

13 access, and electronically distributed mate14 rials.’’. 

15 SEC. 6. SENSE OF CONGRESS. 

16 It is the sense of Congress that institutions of higher 

17 education should encourage the consideration of open text18 books by faculty within the generally accepted principles 

19 of academic freedom that establishes the right and respon20 sibility of faculty members, individually and collectively, 

21 to select course materials that are pedagogically most ap22 propriate for their classes. 

23 SEC. 7. REPORT TO CONGRESS. 

24 Not later than 2 years after the date of enactment 

25 of this Act, the Secretary shall prepare and submit a reVerDate Sep 11 2014 19:49 Oct 13, 2015 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2176.IS S2176

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1 port to the Committee on Health, Education, Labor, and 

2 Pensions of the Senate and the Committee on Education 

3 and the Workforce of the House of Representatives detail4 ing— 

5 (1) the open textbooks created or adapted 

6 under this Act; 

7 (2) the adoption of such open textbooks; and 

8 (3) the savings generated for students, States, 

9 and the Federal Government through the use of 

10 open textbooks. 

11 SEC. 8. GAO REPORT. 

12 Not later than 3 years after the date of enactment 

13 of this Act, the Comptroller General of the United States 

14 shall prepare and submit a report to the Committee on 

15 Health, Education, Labor, and Pensions of the Senate and 

16 the Committee on Education and the Workforce of the 

17 House of Representatives on the cost of textbooks to stu18 dents at institutions of higher education. The report shall 

19 particularly examine— 

20 (1) the change of the cost of textbooks; 

21 (2) the factors that have contributed to the 

22 change of the cost of textbooks; 

23 (3) the extent to which open textbooks are used 

24 at institutions of higher education; and 


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1 (4) the impact of open textbooks on the cost of 

2 textbooks. 

Æ 


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