1.This Act may be cited as the
Adolescent Web Awareness Requires
Education Act
or the AWARE Act
.
2.
(a)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)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.
3.
(a)
(1)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)A
grant under this section shall be for a 2-year period.
(b)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)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)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)
(1)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)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)
(A)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)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)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)
(1)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 guidanceThe 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)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)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)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).
4.In this Act, the following definitions
apply:
(1)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)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)The term grant guidance means the grant
guidance issued under section 3(e)(1).
(4)Internet safety
education programThe 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)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)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.