I 

111TH CONGRESS 

2D SESSION H. R. 4575 

To authorize grants for the creation, update, or adaption of open textbooks, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2010 

Mr. WU introduced the following bill; which was referred to the Committee 

on Education and Labor, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To authorize grants for the creation, update, or adaption 

of open textbooks, and for other purposes. 

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 ‘‘Open College Textbook 

5 Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

mstockstill on DSKH9S0YB1PROD with BILLS

2 

•HR 4575 IH

1 (1) The growth of the Internet has enabled the 

2 creation and sharing of open content, including open 

3 educational resources. 

4 (2) The President has proposed a new, signifi5 cant Federal investment in the creation of online 

6 open-source courses for community colleges that will 

7 make learning more accessible, adaptable, and af8 fordable for students. 

9 (3) The President has challenged the United 

10 States with a goal of having the highest college 

11 graduation rate in the world by 2020. 

12 (4) More than 80 percent of the 23,000,000 

13 jobs that will be created in the next 10 years will re14 quire postsecondary education, but only 36 percent 

15 of all 18- to 24-year-olds are currently enrolled in 

16 postsecondary education. 

17 (5) The high cost of college textbooks continues 

18 to be a barrier for many students in achieving high19 er education, and according to the Advisory Com20 mittee on Student Financial Assistance, 200,000 

21 qualified students fail to enroll in college each year 

22 due to cost. 

23 (6) The College Board reported that for the 

24 2007–2008 academic year an average student spent 

mstockstill on DSKH9S0YB1PROD with BILLS

3 

•HR 4575 IH

1 an estimated $805 to $1,229 on college books and 

2 supplies. 

3 (7) Making high quality open textbooks freely 

4 available to the general public could significantly 

5 lower college textbook costs and increase accessibility 

6 to such education materials. 

7 (8) Open textbooks can improve learning and 

8 teaching by creating course materials that are more 

9 flexible, adaptable, and accessible through the use of 

10 technology. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) DIRECTOR.—The term ‘‘Director’’ means 

14 the Director of the National Science Foundation. 

15 (2) INSTITUTION OF HIGHER EDUCATION.—The 

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

17 meaning given the term in section 101 of the Higher 

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

19 (3) OPEN LICENSE.—The term ‘‘open license’’ 

20 means an irrevocable intellectual property license 

21 that grants the public the right to access, customize, 

22 and distribute a copyrighted material. 

23 (4) OPEN TEXTBOOK.—The term ‘‘open text24 book’’ means a textbook or set of course materials 

25 in electronic format designed for use in a college 

mstockstill on DSKH9S0YB1PROD with BILLS

4 

•HR 4575 IH

1 course at an institution of higher education that is 

2 licensed under an open license. 

3 (5) 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 is author8 ized to award grants, on a competitive basis, to eligible 

9 entities to carry out the activities described in this section, 

10 including creating, updating, or adapting open textbooks. 

11 The Secretary shall award grants in a manner that will 

12 result in the creation of a comprehensive slate of high 

13 quality course materials for introductory courses in a vari14 ety of subject areas. 

15 (b) ELIGIBLE ENTITY.—In this section, the term ‘‘el16 igible entity’’ means— 

17 (1) an institution of higher education; 

18 (2) a professor or group of professors at an in19 stitution of higher education; or 

20 (3) a nonprofit or for-profit organization that 

21 produces open textbooks. 

22 (c) DURATION.—Grants awarded under this section 

23 shall be 1 year in duration. 

24 (d) APPLICATIONS.— 

mstockstill on DSKH9S0YB1PROD with BILLS

5 

•HR 4575 IH

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

2 a grant under this section shall submit an applica3 tion to the Secretary at such time, in such manner, 

4 and accompanied by such information as the Sec5 retary may reasonably require. 

6 (2) CONTENTS.—Each application submitted 

7 under paragraph (1) shall include a description of 

8 the project to be completed with grant funds and— 

9 (A) a plan for quality review and review of 

10 accuracy of content; 

11 (B) a plan for access to ensure the widest 

12 possible availability of the digital version of the 

13 open textbook; 

14 (C) a plan for distribution and adoption of 

15 the open textbook to ensure the widest possible 

16 adoption of the open textbook in postsecondary 

17 courses, including, where applicable, a mar18 keting plan or a plan to partner with for-profit 

19 or nonprofit organizations to assist in mar20 keting and distribution; and 

21 (D) a plan for tracking and reporting for22 mal adoptions of the open textbook within post23 secondary institutions, including an estimate of 

24 the number of students impacted by the adop25 tions. 

mstockstill on DSKH9S0YB1PROD with BILLS

6 

•HR 4575 IH

1 (e) SPECIAL CONSIDERATION.—In awarding grants 

2 under this section, the Secretary shall give special consid3 eration to applications that demonstrate the greatest po4 tential to produce— 

5 (1) the highest quality and most marketable 

6 open textbooks; 

7 (2) open textbooks that correspond to the high8 est enrollment courses at institutions of higher edu9 cation; 

10 (3) open textbooks that are easily utilized by 

11 faculty members at institutions of higher education; 

12 and 

13 (4) open textbooks created in partnership with 

14 for-profit or nonprofit organizations to assist in 

15 marketing and distribution. 

16 (f) USES OF GRANTS.— 

17 (1) OPEN TEXTBOOKS.—An eligible entity that 

18 receives a grant under this section shall— 

19 (A) create a new open textbook for use in 

20 postsecondary coursework; 

21 (B) update an open textbook for use in 

22 postsecondary coursework; or 

23 (C) adapt a textbook into an open format 

24 for use in postsecondary coursework. 

mstockstill on DSKH9S0YB1PROD with BILLS

7 

•HR 4575 IH

1 (2) LICENSE.—An open textbook created, up2 dated, or adapted under paragraph (1) shall be li3 censed through an open license. 

4 (3) ACCESSIBILITY.—The full and complete dig5 ital content of each open textbook created, updated, 

6 or adapted under paragraph (1) shall be— 

7 (A) posted on an easily accessible and 

8 interoperable web site, which site shall be iden9 tified to the Secretary by the eligible entity; and 

10 (B) made available free of charge to, and 

11 may be downloaded, redistributed, changed, re12 vised, or otherwise altered by, any member of 

13 the general public. 

14 (g) REVIEW PROCESS.—The Secretary shall develop 

15 a peer review and evaluation process in consultation with 

16 the Director to ensure that open textbooks created, up17 dated, or adapted under this section are of the highest 

18 quality, accurate in content, and meet or exceed market 

19 quality and accessibility standards. 

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

21 a project supported under this section, the eligible entity 

22 shall prepare and submit a report to the Secretary regard23 ing all project costs, including the value of any volunteer 

24 labor and institutional capital used for the project. 

mstockstill on DSKH9S0YB1PROD with BILLS

8 

•HR 4575 IH

1 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated $15,000,000 to carry 

3 out this section for fiscal year 2010 and such sums as 

4 are necessary for each of the 5 succeeding fiscal years. 

5 SEC. 5. LICENSING MATERIALS WITH A FEDERAL CONNEC6 TION. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, educational materials such as curricula and 

9 textbooks created through grants distributed by Federal 

10 agencies, including the National Science Foundation, for 

11 use in elementary, secondary, or postsecondary courses 

12 shall be licensed under an open license. 

13 (b) ACCESSIBILITY.—The full and complete digital 

14 content of each of the materials created as described in 

15 subsection (a) shall be— 

16 (1) posted on an easily accessible and interoper17 able web site, which site shall be identified to the 

18 Secretary by the grant recipient; and 

19 (2) made available free of charge to, and may 

20 be downloaded, redistributed, changed, revised, or 

21 otherwise altered by, any member of the general 

22 public. 

23 SEC. 6. SENSE OF CONGRESS. 

24 It is the sense of Congress that institutions of higher 

25 education should encourage the consideration of open textmstockstill on DSKH9S0YB1PROD with BILLS

9 

•HR 4575 IH

1 books by professors within the generally accepted prin2 ciples of academic freedom that established the right and 

3 responsibility of faculty members, individually and collec4 tively, to select course materials that are pedagogically 

5 most appropriate for their classes. 

6 SEC. 7. REPORT TO CONGRESS. 

7 Not later than September 30, 2015, the Secretary 

8 shall prepare and submit a report to the Committee on 

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

10 the Committee on Education and Labor of the House of 

11 Representatives detailing— 

12 (1) the open textbooks created, updated, or 

13 adapted under this Act; 

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

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

16 and the Federal Government though the use of open 

17 textbooks. 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS