[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3222 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3222

    To promote Internet safety education and cybercrime prevention 
                  initiatives, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2009

 Ms. Wasserman Schultz (for herself and Mr. Culberson) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
    To promote Internet safety education and cybercrime prevention 
                  initiatives, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Adolescent Web Awareness Requires 
Education Act'' or the ``AWARE Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Internet is an invaluable tool that is critical to 
        the ability of the Nation to compete in a global economy. The 
        Internet provides instant access to research and boundless 
        information and connects individuals around the world.
            (2) About 93 percent of youth ages 12 through 17 years use 
        online services regularly and nearly 45 percent of children 
        ages 3 to 11 years will use the Internet on a monthly basis in 
        2009. Eighty-nine percent of teens have a profile on social 
        networking sites. Eighty percent of teens ages 13 through 17 
        years use cell phones, most of which have built-in cameras.
            (3) Bullying in schools can take many forms, including 
        sending insulting, threatening, or offensive messages via 
        Internet sites, email, instant messaging, cell phone text 
        messaging, telephone, or any other electronic messaging system.
            (4) In a recent survey, 1 in 5 teenagers stated that they 
        had used their cell phones to send explicit photos of 
        themselves to a peer, a practice commonly known as ``sexting''. 
        In most States, such conduct can subject young adults to felony 
        child pornography charges and the potential punishment of 
        registering as a sex offender.
            (5) The Internet has facilitated the growth of a 
        multibillion dollar global market for child pornography, far 
        exceeding the capacity of law enforcement to respond at the 
        Federal, State, and local level.
            (6) Internet safety education, coupled with technology 
        tools, is the most effective way to resolve and prevent these 
        crimes and other dangers committed on the Internet and in other 
        new media.
            (7) According to an empirical study of 1,379 fourth grade 
        students in Virginia, the first State to mandate Internet 
        safety education in its schools, the students improved their 
        responses to 8 of 10 Internet safety scenarios after completing 
        an Internet safety education program, with the greatest 
        improvement in uncomfortable content and cyberbullying.
            (8) The enactment of the Children's Internet Protection Act 
        (Public Law 106-554; 114 Stat. 2763A-336) mandated that schools 
        implement Internet safety policies and technology protection 
        measures in order to receive discounts to obtain affordable 
        telecommunications and Internet access. Most schools have now 
        developed acceptable use policies and have implemented 
        filtering and other technology-based solutions to help protect 
        children.
            (9) However, less than 25 percent of educators feel 
        comfortable teaching students how to protect themselves from 
        online predators, bullies, and identity thieves, according to a 
        recent study by the National Cyber Security Alliance and 
        Educational Technology Policy, Research, and Outreach. The same 
        study found that 90 percent of educators have received less 
        than 6 hours of professional development on issues related to 
        online security in the past year. As a result, many students 
        receive little or no education on safe and responsible use of 
        the Internet and other new media.
            (10) The widespread use of the Internet, cell phones, 
        interactive gaming, and other electronic communication devices 
        by children both inside and outside of schools suggests that 
        acceptable use policies and filtering alone cannot resolve 
        Internet safety concerns and that a greater focus on education 
        would be beneficial.
            (11) In a national poll on children's health, parents 
        ranked Internet safety fifth among their top health concerns 
        for children. Yet according to a Common Sense Media poll 
        conducted in 2006, almost 90 percent of parents say that they 
        lack the knowledge about how to protect their children online. 
        For this reason, educating parents about Internet safety is key 
        to empowering them to understand actual risks and to take an 
        active role in protecting their children.
            (12) The problem of online harassment, or cyberbullying, of 
        youth by other youths is widespread and results in a range of 
        children's experiences from minor irritation to severe 
        emotional harm. The Bureau of Justice Statistics has found that 
        online harassment tends to begin in third and fourth grade, 
        peaks in seventh and eighth grade, and continues in reduced 
        amounts throughout high school, college, and professional 
        school.
            (13) Gang members increasingly are using the Internet as a 
        recruitment tool to entice would-be members and as an 
        intimidation tool to threaten rival gangs. Gang members use the 
        Internet, in particular, to promote their message.
            (14) More research is needed in several areas of youth 
        online safety, including--
                    (A) the prevention of minor-to-minor solicitation 
                and other inappropriate use of the Internet;
                    (B) the prevention of the creation of problematic 
                content by youths;
                    (C) the protection of lesbian, gay, bisexual, and 
                transgender youth and youth with disabilities that may 
                be particularly vulnerable;
                    (D) the interplay between socioeconomic class and 
                risk factors;
                    (E) the role that pervasive digital image and video 
                capture devices play in harassment of youth by other 
                youth and youth production of problematic content;
                    (F) the intersection of different mobile and 
                Internet-based technologies; and
                    (G) the online activities of registered sex 
                offenders.
    (b) Purposes.--The purposes of this Act are to--
            (1) facilitate research and identify best practices in 
        Internet safety education for youth, parents, and education 
        officials; and
            (2) establish a competitive grant program for State 
        education agencies, local educational agencies, and nonprofit 
        organizations to institute best practices relating to Internet 
        education and the research-based recommendations derived from 
        the study conducted under this Act.

SEC. 3. GRANT PROGRAM.

    (a) Authority To Make Grants.--
            (1) In general.--Subject to subsection (e)(1), the Attorney 
        General, after consultation with the Secretary of Education and 
        the Secretary of Health and Human Services, shall make grants 
        to eligible entities to carry out an Internet safety education 
        program.
            (2) Period.--A grant under this section shall be for a 2-
        year period.
    (b) Application.--An eligible entity desiring a grant under this 
section shall submit an application to the Attorney General, which 
shall include--
            (1) a description of the partnership arrangements, if any, 
        of the eligible entity relating to the activities to be carried 
        out with the grant;
            (2) a description of the measurable goals of the eligible 
        entity relating to the activities to be carried out with the 
        grant;
            (3) a description of how the Internet safety education 
        program of the eligible entity shall achieve the measurable 
        goals described in paragraph (2);
            (4) a description of the plan of the eligible entity to 
        continue to implement the Internet safety education program 
        after the grant under this section ends;
            (5) a description of how funds under the grant may be used 
        and coordinated with Internet safety education programs being 
        carried out on the date of enactment of this Act or other 
        Internet safety education programs established with grants 
        under this section;
            (6) a description of the target audience under the proposed 
        Internet safety education program;
            (7) a certification that the eligible entity enforces the 
        operation of technology protection measures under section 
        254(h)(5) of the Communications Act of 1934 (47 U.S.C. 
        254(h)(5)) if the eligible entity provides Internet access to 
        minors; and
            (8) any other information or assurances required by the 
        Attorney General.
    (c) Prioritization.--In making grants under this section, the 
Attorney General shall give priority to an eligible entity that--
            (1) identifies and targets at-risk children;
            (2) works in partnership with the private sector, law 
        enforcement, the philanthropic community, the media, 
        researchers, social services organizations, or other community-
        based groups;
            (3) provides Internet safety education programs at no cost 
        to students or schools;
            (4) accommodates different languages and language 
        proficiencies;
            (5) accommodates differing levels of technological 
        sophistication; or
            (6) has a viable plan to sustain the Internet safety 
        education program after the grant program ends.
    (d) Use of Funds.--An eligible entity may use a grant under this 
section to--
            (1) identify, develop, and implement Internet safety 
        education programs, including educational technology, 
        multimedia and interactive applications, online resources, and 
        lesson plans;
            (2) provide professional training to elementary and 
        secondary school teachers, administrators, and other staff on 
        Internet safety and new media literacy;
            (3) educate parents about teaching their children how to 
        use the Internet and new media safely and responsibly and help 
        parents identify and protect their children from risks relating 
        to use of the Internet and new media;
            (4) develop online risk prevention programs for children;
            (5) train and support peer-driven Internet safety education 
        initiatives;
            (6) coordinate and fund research initiatives that 
        investigate online risks to children and Internet safety 
        education; or
            (7) develop and implement public education campaigns to 
        promote awareness of online risks to children and Internet 
        safety education.
    (e) Grant Guidance.--
            (1) In general.--Before making grants under this section, 
        and not later than 1 month after the date on which the study 
        under paragraph (3)(A) is completed, the applicable agency 
        heads, in consultation with education groups, internet safety 
        groups, and other relevant experts in the field of new media 
        and child safety, shall issue detailed guidance for the grant 
        program under this section.
            (2) Contents of guidance.--The grant guidance shall be 
        implemented by the Attorney General in accordance with best 
        practices relating to Internet education and the research-based 
        recommendations derived from the study conducted under 
        paragraph (3)(A).
            (3) Internet safety research.--
                    (A) Initial research.--The Attorney General shall 
                enter into contracts with 1 or more private companies, 
                government agencies, or nonprofit organizations to 
                complete a study, not later than 6 months after the 
                date of enactment of this Act, regarding--
                            (i) the nature, prevalence, and quality of 
                        Internet safety education programs and any 
                        evidence-based research conducted relating to 
                        the programs;
                            (ii) findings regarding which children are 
                        most at risk;
                            (iii) gaps in Internet safety education and 
                        youth online risk research; and
                            (iv) any other area determined appropriate 
                        by the Attorney General.
                    (B) Additional research.--Subject to the 
                availability of appropriations, the Attorney General 
                shall enter into contracts with private companies, 
                government agencies, or nonprofit organizations to 
                conduct additional research regarding the issues 
                described in subparagraph (A). Any research conducted 
                under this subparagraph shall be included in the 
                reports under subsection (g)(3).
    (f) Technical Assistance.--The Attorney General shall provide 
technical assistance to eligible entities that receive a grant under 
this section, which may include maintaining a Web site to facilitate 
outreach and communication among the eligible entities that receive a 
grant under this section.
    (g) Reports.--
            (1) Eligible entities.--An eligible entity that receives a 
        grant under this section shall submit to the Attorney General 
        and make public an annual report regarding the activities 
        carried out using funds made available under the grant, which 
        shall include--
                    (A) a description of how the eligible entity 
                implemented the Internet safety education program 
                carried out with the grant;
                    (B) a detailed description of the audience reached;
                    (C) an analysis of whether and to what degree the 
                goals for the Internet safety education program were 
                met;
                    (D) an analysis of the challenges, if any, that 
                interfered with achieving the goals described in 
                subparagraph (C);
                    (E) plans for future Internet safety programs; and
                    (F) an accounting of the funds used.
            (2) Compilation of annual reports for revised grant 
        guidance.--The Attorney General shall--
                    (A) review the report under paragraph (1) submitted 
                by each eligible entity that receives a grant under 
                this section during the first fiscal year for which 
                grants under this section are made; and
                    (B) not later than 6 months after the date on which 
                all reports described in subparagraph (A) are 
                submitted, modify, as appropriate, the grant guidance 
                based on the reports after consultation with the 
                Secretary of Education and the Secretary of Health and 
                Human Services.
            (3) Reports to congress.--Not later than 27 months after 
        the date on which the Attorney General makes the first grant 
        under this section, and annually thereafter, the applicable 
        agency heads shall submit to Congress a report regarding the 
        grant program under this section, which shall include--
                    (A) a compilation of the information and findings 
                of the annual reports submitted under paragraph (1);
                    (B) the findings and conclusions of the applicable 
                agency heads, including findings and conclusions 
                relating to the effectiveness of Internet safety 
                education programs carried out using a grant under this 
                section; and
                    (C) best practices identified by the applicable 
                agency heads relating to Internet safety education.
    (h) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Attorney General to carry out this section $25,000,000 for 
        each of fiscal years 2010 through 2014.
            (2) Limitation.--Of amounts made available to carry out 
        this section, not more than 5 percent shall be available to 
        carry out subsections (e), (f), and (g)(2).

SEC. 4. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Applicable agency heads.--The term ``applicable agency 
        heads'' means the Attorney General, after consultation with the 
        Secretary of Education and the Secretary of Health and Human 
        Services.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a partnership between a State educational 
                agency and 1 or more local educational agencies (as 
                those terms are defined in section 9101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)) of the State;
                    (B) a local educational agency;
                    (C) a nonprofit organization; or
                    (D) a consortium of elementary schools or secondary 
                schools (as those terms are defined in section 9101 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)) collaborating with an entity described in 
                subparagraph (A), (B), or (C).
            (3) Grant guidance.--The term ``grant guidance'' means the 
        grant guidance issued under section 3(e)(1).
            (4) Internet safety education program.--The term ``Internet 
        safety education program'' means an age-appropriate, research-
        based program that encourages safe and responsible use of the 
        Internet, promotes an informed, critical understanding of 
        Internet dangers, and educates children, parents, and 
        communities about how to prevent or respond to problems or 
        dangers related to the Internet or new media.
            (5) New media.--The term ``new media''--
                    (A) means emerging digital, computerized, or 
                networked information and communication technologies 
                that often have interactive capabilities; and
                    (B) includes email, instant messaging, text 
                messaging, Web sites, blogs, interactive gaming, social 
                media, cell phones, and mobile devices.
            (6) Nonprofit.--The term ``nonprofit'' means an 
        organization that is described in section 501(c) of the 
        Internal Revenue Code of 1986 and exempt from tax under section 
        501(a) of that Code.
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