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Full Text of this Amendment

SA 2346. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; which was ordered to lie on the table; as follows:

At the end of title VIII of the Higher Education Access Act of 2007, insert the following:
SEC. 802. COLLEGE TEXTBOOK AVAILABILITY.
(a) Purpose and Intent.--The purpose of this section is to ensure that every student in higher education is offered better and more timely access to affordable course materials by educating and informing faculty, students, administrators, institutions of higher education, bookstores, and publishers on all aspects of the selection, purchase, sale, and use of the course materials. It is the intent of this section to have all involved parties work together to identify ways to decrease
the cost of college textbooks and supplemental materials for students while protecting the academic freedom of faculty members to provide high quality course materials for students.
(b) Definitions.--In this section:
(1) COLLEGE TEXTBOOK.--The term ``college textbook'' means a textbook, or a set of textbooks, used for a course in postsecondary education at an institution of higher education.
(2) COURSE SCHEDULE.--The term ``course schedule'' means a listing of the courses or classes offered by an institution of higher education for an academic period.
(3) INSTITUTION OF HIGHER EDUCATION.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(4) PUBLISHER.--The term ``publisher'' means a publisher of college textbooks or supplemental materials involved in or affecting interstate commerce.
(5) SUPPLEMENTAL MATERIAL.--The term ``supplemental material'' means educational material published or produced to accompany a college textbook.
(c) Publisher Requirements.--
(1) COLLEGE TEXTBOOK PRICING INFORMATION.--When a publisher provides a faculty member of an institution of higher education with information regarding a college textbook or supplemental material available in the subject area in which the faculty member teaches, the publisher shall include, with any such information and in writing, the following:
(A) The price at which the publisher would make the college textbook or supplemental material available to the bookstore on the campus of, or otherwise associated with, such institution of higher education.
(B) Any history of revisions for the college textbook or supplemental material.
(C) Whether the college textbook or supplemental material is available in any other format, including paperback and unbound, and the price at which the publisher would make the college textbook or supplemental material in the other format available to the bookstore on the campus of, or otherwise associated with, such institution of higher education.
(2) UNBUNDLING OF SUPPLEMENTAL MATERIALS.--A publisher that sells a college textbook and any supplemental material accompanying such college textbook as a single bundled item shall also sell the college textbook and each supplemental material as separate and unbundled items.
(d) Provision of ISBN College Textbook Information in Course Schedules.--
(1) INTERNET COURSE SCHEDULES.--Each institution of higher education that receives Federal assistance and that publishes the institution's course schedule for the subsequent academic period on the Internet shall--
(A) include in the course schedule, for each college textbook or supplemental material required or recommended for a course or class listed on the course schedule--
(i) the International Standard Book Number (ISBN) for the college textbook or supplemental material; or
(ii) the title and author of the college textbook or supplemental material; and
(B) update the information required under subparagraph (A) as necessary.
(2) WRITTEN COURSE SCHEDULES.--In the case of an institution of higher education that receives Federal assistance and that does not publish the institution's course schedule for the subsequent academic period on the Internet, the institution of higher education shall include the information required under paragraph (1)(A) in any printed version of the institution's course schedule and shall provide students with updates to such information as necessary.
(e) Availability of Information for College Textbook Sellers.--An institution of higher education that receives Federal assistance shall make available, as soon as is practicable, upon the request of any seller of college textbooks (other than a publisher) that meets the requirements established by the institution, the most accurate information available regarding--
(1) the institution's course schedule for the subsequent academic period; and
(2) for each course or class offered by the institution for the subsequent academic period--
(A) for each college textbook or supplemental material required or recommended for such course or class--
(i) the International Standard Book Number (ISBN) for the college textbook or supplemental material; or
(ii) the title and author of the college textbook or supplemental material;
(B) the number of students enrolled in such course or class; and
(C) the maximum student enrollment for such course or class.


(As printed in the Congressional Record for the Senate on Jul 19, 2007.)