I 
116TH CONGRESS 
1ST SESSION H. R. 2107 
To expand the use of open textbooks in order to achieve savings for students 
and improve textbook price information. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 4, 2019 
Mr. NEGUSE (for himself and Mr. DEFAZIO) introduced the following bill; 
which was referred to the Committee on Education and Labor 
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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Affordable College 
Textbook Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The high cost of college textbooks continues 
to be a barrier for many students in achieving high-
er education. 
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(2) According to the College Board, during the 
2017–2018 academic year, the average student 
budget for college books and supplies at 4-year pub-
lic institutions of higher education was $1,240. 
(3) The Government Accountability Office 
found that new textbook prices increased 82 percent 
between 2002 and 2012 and that although Federal 
efforts to increase price transparency have provided 
students and families with more and better informa-
tion, more must be done to address rising costs. 
(4) The growth of the internet has enabled the 
creation and sharing of digital content, including 
open educational resources that can be freely used 
by students, teachers, and members of the public. 
(5) According to the Student PIRGs, expanded 
use of open educational resources has the potential 
to save students more than a billion dollars annually. 
(6) Federal investment in expanding the use of 
open educational resources could significantly lower 
college textbook costs and reduce financial barriers 
to higher education, while making efficient use of 
taxpayer funds. 
(7) Educational materials, including open edu-
cational resources, must be accessible to the widest 
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possible range of individuals, including those with 
disabilities. 
SEC. 3. OPEN TEXTBOOK GRANT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(2) OPEN EDUCATIONAL RESOURCE.—The term 
‘‘open educational resource’’ has the meaning given 
the term in section 133 of the Higher Education Act 
of 1965 (20 U.S.C. 1015b). 
(3) OPEN TEXTBOOK.—The term ‘‘open text-
book’’ 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 postsec-
ondary course at an institution of higher education. 
(4) 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 appli-
cation under subsection (d). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
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(6) SUPPLEMENTAL
MATERIAL.—The term 
‘‘supplemental material’’ has the meaning given the 
term in section 133 of the Higher Education Act of 
1965 (20 U.S.C. 1015b). 
(b) GRANTS AUTHORIZED.—From the amounts ap-
propriated under subsection (k), the Secretary shall make 
grants, on a competitive basis, to eligible entities to sup-
port projects that expand the use of open textbooks in 
order to achieve savings for students while maintaining or 
improving instruction and student learning outcomes. 
(c) ELIGIBLE ENTITY.—In this section, the term ‘‘el-
igible entity’’ means an institution of higher education, a 
group of institutions of higher education, or States on be-
half of institutions of higher education. 
(d) APPLICATIONS.— 
(1) IN GENERAL.—Each eligible entity desiring 
a grant under this section, after consultation with 
relevant faculty, shall submit an application to the 
Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may 
reasonably require. 
(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include a description of 
the project to be completed with grant funds and— 
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(A) a plan for promoting and tracking the 
use of open textbooks in postsecondary courses 
offered by the eligible entity, including an esti-
mate of the projected savings that will be 
achieved for students; 
(B) a plan for evaluating, before creating 
new open textbooks, whether existing open text-
books could be used or adapted for the same 
purpose; 
(C) a plan for quality review and review of 
accuracy of any open textbooks to be created or 
adapted through the grant; 
(D) a plan for assessing the impact of 
open textbooks on instruction and student 
learning outcomes at the eligible entity; 
(E) a plan for disseminating information 
about the results of the project to institutions 
of higher education outside of the eligible enti-
ty, including promoting the adoption of any 
open textbooks created or adapted through the 
grant; and 
(F) a statement on consultation with rel-
evant faculty, including those engaged in the 
creation of open textbooks, in the development 
of the application. 
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(e) SPECIAL CONSIDERATION.—In awarding grants 
under this section, the Secretary shall give special consid-
eration to applications that demonstrate the greatest po-
tential to— 
(1) achieve the highest level of savings for stu-
dents through sustainable expanded use of open 
textbooks in postsecondary courses offered by the el-
igible entity; 
(2) expand the use of open textbooks at institu-
tions of higher education outside of the eligible enti-
ty; and 
(3) produce— 
(A) the highest quality open textbooks; 
(B) open textbooks that can be most easily 
utilized and adapted by faculty members at in-
stitutions of higher education; 
(C) open textbooks that correspond to the 
highest enrollment courses at institutions of 
higher education; 
(D) open textbooks created or adapted in 
partnership with entities within institutions of 
higher education, including campus bookstores, 
that will assist in marketing and distribution of 
the open textbook; and 
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(E) open textbooks that are accessible to 
students with disabilities. 
(f) 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 textbooks: 
(1) Professional development for any faculty 
and staff members at institutions of higher edu-
cation, including the search for and review of open 
textbooks. 
(2) Creation or adaptation of open textbooks. 
(3) Development or improvement of supple-
mental materials and informational resources that 
are necessary to support the use of open textbooks, 
including accessible instructional materials for stu-
dents with disabilities. 
(4) Research evaluating the efficacy of the use 
of open textbooks for achieving savings for students 
and the impact on instruction and student learning 
outcomes. 
(g) LICENSE.—For each open textbook, supplemental 
material, or informational resource created or adapted 
wholly or in part under this section that constitutes a new 
copyrightable work, the eligible entity receiving the grant 
shall release such textbook, material, or resource to the 
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public under a non-exclusive, royalty-free, perpetual, and 
irrevocable license to exercise any of the rights under copy-
right conditioned only on the requirement that attribution 
be given as directed by the copyright owner. 
(h) ACCESS AND DISTRIBUTION.—The full and com-
plete digital content of each open textbook, supplemental 
material, or informational resource created or adapted 
wholly or in part under this section shall be made available 
free of charge to the public— 
(1) on an easily accessible and interoperable 
website, which shall be identified to the Secretary by 
the eligible entity; 
(2) in a machine readable, digital format that 
anyone can directly download, edit with attribution, 
and redistribute; and 
(3) in a format that conforms to accessibility 
standards under section 508 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794d), where feasible. 
(i) REPORT.—Upon an eligible entity’s completion of 
a project supported under this section, the eligible entity 
shall prepare and submit a report to the Secretary regard-
ing— 
(1) the effectiveness of the project in expanding 
the use of open textbooks and in achieving savings 
for students; 
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(2) the impact of the project on expanding the 
use of open textbooks at institutions of higher edu-
cation outside of the eligible entity; 
(3) open textbooks, supplemental materials, and 
informational resources created or adapted wholly or 
in part under the grant, including instructions on 
where the public can access each educational re-
source under the terms of subsection (h); 
(4) the impact of the project on instruction and 
student learning outcomes; and 
(5) all project costs, including the value of any 
volunteer labor and institutional capital used for the 
project. 
(j) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this Act, the Secretary shall 
prepare and submit a report to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the 
Committee on Education and Labor of the House of Rep-
resentatives detailing— 
(1) the open textbooks, supplemental materials, 
and informational resources created or adapted 
wholly or in part under this section; 
(2) the adoption of such open textbooks, includ-
ing outside of the eligible entity; 
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(3) the savings generated for students, States, 
and the Federal Government through projects sup-
ported under this section; and 
(4) the impact of projects supported under this 
section on instruction and student learning out-
comes. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as are necessary. 
SEC. 4. TEXTBOOK PRICE INFORMATION. 
Section 133 of the Higher Education Act of 1965 (20 
U.S.C. 1015b) is amended— 
(1) in subsection (b)— 
(A) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) OPEN
EDUCATIONAL
RESOURCE.—The 
term ‘open educational resource’ means a teaching, 
learning, 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 use, reuse, 
modification, and sharing with attribution.’’; and 
(B) in paragraph (9), by striking ‘‘text-
book that’’ and all that follows through the pe-
riod at the end and inserting ‘‘textbook that 
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may include printed materials, computer disks, 
website access, and electronically distributed 
materials.’’; 
(2) in subsection (c)(1)— 
(A) in the matter preceding subparagraph 
(A), 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 materials’’; and 
(B) by adding at the end the following: 
‘‘(E) Whether the college textbook or sup-
plemental material is an open educational re-
source.’’; 
(3) in subsection (d)— 
(A) in the subsection heading, by striking 
‘‘ISBN’’; and 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘disclose, on the 
institution’s Internet course schedule 
and in a manner of the institution’s 
choosing, the International Standard 
Book Number and retail price infor-
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mation’’ and inserting ‘‘verify and dis-
close (on, or through a link from, the 
institution’s Internet course schedule 
and in a manner of the institution’s 
choosing) the International Standard 
Book Number and retail price infor-
mation’’; 
(II) by striking ‘‘and retail price’’ 
and inserting ‘‘, retail price, and any 
applicable fee’’; 
(III) by inserting ‘‘, and whether 
each required and recommended text-
book and supplemental material is an 
open 
educational 
resource,’’ 
after 
‘‘supplemental materials’’; and 
(IV) 
by 
striking 
‘‘used 
for 
preregistration and registration pur-
poses’’; and 
(ii) in subparagraph (B), by striking 
‘‘for a college textbook or supplemental 
material, then the institution shall so indi-
cate by placing the designation ‘To Be De-
termined’ ’’ and inserting ‘‘or available for 
a college textbook or supplemental mate-
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rial, then the institution shall indicate the 
status of such information’’; 
(4) by striking subsection (e) and inserting the 
following: 
‘‘(e) AVAILABILITY OF INFORMATION FOR COLLEGE 
BOOKSTORES.— 
‘‘(1) IN
GENERAL.—An institution of higher 
education receiving Federal financial assistance shall 
assist a college bookstore that is operated by, or in 
a contractual relationship or otherwise affiliated 
with, the institution, in obtaining required and rec-
ommended course materials information and such 
course schedule and enrollment information as is 
reasonably required to implement this section so 
that such bookstore may— 
‘‘(A) verify availability of such materials; 
‘‘(B) source lower cost options, including 
presenting lower cost alternatives to faculty for 
faculty to consider, when practicable; and 
‘‘(C) maximize the availability of format 
options for students. 
‘‘(2) DUE DATES.—In carrying out paragraph 
(1), an institution of higher education may establish 
due dates for faculty or departments to notify the 
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campus bookstore of required and recommended 
course materials.’’; 
(5) in subsection (f)— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5); and 
(B) by inserting after paragraph (2) the 
following: 
‘‘(3) available open educational resources;’’; and 
(6) by striking subsection (g) and redesignating 
subsections (h) and (i) as subsections (g) and (h), 
respectively. 
SEC. 5. SENSE OF CONGRESS. 
It is the sense of Congress that institutions of higher 
education should encourage the consideration of open text-
books by faculty within the generally accepted principles 
of academic freedom that establishes the right and respon-
sibility of faculty members, individually and collectively, 
to select course materials that are pedagogically most ap-
propriate for their classes. 
SEC. 6. GAO REPORT. 
Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States 
shall prepare and submit a report to the Committee on 
Health, Education, Labor, and Pensions of the Senate and 
the Committee on Education and Labor of the House of 
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Representatives on the cost of textbooks to students at 
institutions of higher education. The report shall particu-
larly examine— 
(1) the implementation of section 133 of the 
Higher Education Act of 1965 (20 U.S.C. 1015b), 
as amended by section 4, including— 
(A) the availability of college textbook and 
open 
educational 
resource 
information 
on 
course schedules; 
(B) the compliance of publishers with ap-
plicable requirements under such section; and 
(C) the costs and benefits to institutions of 
higher education and to students; 
(2) the change in the cost of textbooks; 
(3) the factors, including open textbooks, that 
have contributed to the change of the cost of text-
books; 
(4) the extent to which open textbooks are used 
at institutions of higher education; and 
(5) how institutions are tracking the impact of 
open textbooks on instruction and student learning 
outcomes. 
Æ 
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