[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 394 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 394

           To promote digital citizenship and media literacy.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2023

Ms. Klobuchar (for herself, Mr. Bennet, Ms. Smith, Mrs. Feinstein, and 
Mr. Whitehouse) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
           To promote digital citizenship and media literacy.

    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 ``Digital Citizenship and Media 
Literacy Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) People in the United States rely on information from 
        mass media, social media, and digital media to make decisions 
        about all aspects of social, economic, and political life, 
        including products and services consumption, employment, career 
        and professional development, family and leisure choices, 
        health and wellness, and democratic engagement. Ensuring that 
        people in the United States possess the skills to make these 
        informed decisions based on media begins early in life.
            (2) Adversaries from Russia, China, and Iran are using 
        information warfare to influence democracies across the world, 
        and terrorist organizations often use digital communications to 
        recruit members. The United States can fight these influences 
        by ensuring that citizens of the United States possess the 
        necessary skills to identify disinformation and misinformation 
        and think critically about their digital activities.
            (3) Media literacy education has proven critical to allies 
        of the United States in building national resilience to foreign 
        disinformation campaigns. Countries like Estonia, Finland, and 
        Ukraine have developed and implemented successful media 
        literacy education programs in schools that have helped counter 
        Russian disinformation campaigns. The United States has also 
        invested in and promoted media literacy education abroad, 
        including in the Baltics.
            (4) Following Russia's increased aggression towards Ukraine 
        and the West, and Russia's invasion of Ukraine, media literacy 
        skills have been important in ensuring Ukrainians and citizens 
        of Western allied countries are not influenced by Russian 
        disinformation.
            (5) In order to build similar national resilience against 
        foreign disinformation in the United States, Congress has 
        recommended investing in media literacy education.
            (6) The bipartisan and bicameral Cyberspace Solarium 
        Commission's 2020 report recommended that the United States 
        invest in media literacy, writing that ``[b]y promoting modern 
        civics education and digital literacy programs, the U.S. 
        Government can assist in enhancing the average American's 
        ability to discern the trustworthiness of online content, and 
        thereby reduce the impact of malicious foreign cyber-enabled 
        information campaigns'', and concluded that Congress should 
        authorize a grant program ``to improve digital citizenship and 
        to incorporate effective digital literacy curricula in American 
        classrooms at the K-12 level and beyond''.
            (7) Similarly, the Select Committee on Intelligence of the 
        Senate stated, in a bipartisan report released during the 116th 
        Congress, ``Addressing the challenge of disinformation in the 
        long-term will ultimately need to be tackled by an informed and 
        discerning population of citizens who are both alert to the 
        threat and armed with the critical thinking skills necessary to 
        protect against malicious influence.''. The Committee then 
        recommended that a ``public initiative--propelled by Federal 
        funding but led in large part by state and local education 
        institutions--focused on building media literacy from an early 
        age would help build long-term resilience to foreign 
        manipulation of our democracy''.
            (8) Media literacy and digital citizenship education also 
        empowers young people and is critical to improving their health 
        and safety, preventing cyberbullying, and enabling young people 
        to make informed decisions about products and services, 
        including advertisements and controlled substances.
            (9) Social media and other online activities have been 
        shown to have serious negative impacts on the mental and 
        physical health of young people. Many studies have found that 
        media literacy education is one of the most successful 
        strategies for countering body image issues and eating 
        disorders in children. The National Eating Disorders 
        Association, in partnership with California State University, 
        Northridge, published a Digital Media Literacy toolkit to help 
        students, including high school students, learn skills to think 
        critically about body images and the online content they see.
            (10) Education and childhood development experts, as well 
        as academic and medical researchers, have recommended that a 
        key method for preventing and countering the negative impacts 
        described in paragraph (9) is to teach media literacy skills to 
        young people beginning early in their education.
            (11) A successful and inclusive media literacy program must 
        be directed at students beginning in kindergarten and should 
        continue throughout the completion of postsecondary education. 
        Media literacy education must be inclusive and accessible for 
        all students, including multilingual students, students with 
        limited proficiency in English, and students with disabilities. 
        Learning to critically analyze and create media is a lifelong 
        process that can be developed by integrating media literacy 
        competencies into academic curriculum across content areas and 
        disciplines.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Digital citizenship.--The term ``digital citizenship'' 
        means the ability to--
                    (A) safely, responsibly, and ethically use 
                communication technologies and digital information 
                technology tools and platforms;
                    (B) create and share media content using principles 
                of social and civic responsibility and with awareness 
                of the legal and ethical issues involved; and
                    (C) participate in the political, economic, social, 
                and cultural aspects of life related to technology, 
                communications, and the digital world by consuming and 
                creating digital content, including media.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State educational agency;
                    (B) a local educational agency;
                    (C) a public library; or
                    (D) a qualified nonprofit organization.
            (4) ESEA definitions.--The terms ``child with a 
        disability'', ``local educational agency'', ``State educational 
        agency'', ``specialized instructional support personnel'', and 
        ``universal design for learning'' have the meanings given those 
        terms in section 8101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (5) Media literacy.--The term ``media literacy'' means the 
        ability to--
                    (A) access relevant and accurate information 
                through media in a variety of forms;
                    (B) critically analyze media content and the 
                influences of different forms of media;
                    (C) evaluate the comprehensiveness, relevance, 
                credibility, authority, and accuracy of information;
                    (D) make educated decisions based on information 
                obtained from media and digital sources;
                    (E) operate various forms of technology and digital 
                tools;
                    (F) reflect on how the use of media and technology 
                may affect private and public life; and
                    (G) protect oneself from online content that 
                presents a clear risk to health and safety, including 
                child sexual abuse material and content promoting 
                illegal drugs, self-harm, or eating disorders.
            (6) Qualified nonprofit organization.--The term ``qualified 
        nonprofit organization'' means an organization that--
                    (A) is described in paragraph (3) or (4) of section 
                501(c) of the Internal Revenue Code of 1986 and is 
                exempt from taxation under section 501(a) of that Code; 
                and
                    (B) has a mission to improve childhood education, 
                childhood development, or media literacy.

SEC. 4. GRANT PROGRAM ESTABLISHED.

    (a) In General.--The Assistant Secretary shall establish a program 
to promote media literacy, through which the Assistant Secretary shall 
award grants to eligible entities to enable those eligible entities to 
carry out the activities described in subsection (c).
    (b) Application.--An eligible entity that desires a grant under 
this section shall submit an application to the Assistant Secretary at 
such time and in such manner as the Assistant Secretary may require, 
including, at a minimum--
            (1) a description of the activities the eligible entity 
        intends to carry out with the grant funds;
            (2) an estimate of the costs associated with such 
        activities; and
            (3) such other information and assurances as the Assistant 
        Secretary may require.
    (c) Use of Funds.--
            (1) State educational agencies.--
                    (A) In general.--An eligible entity that is a State 
                educational agency receiving a grant under this section 
                shall use grant funds to carry out one or more of the 
                following activities:
                            (i) Creating and supporting a media 
                        literacy advisory council to--
                                    (I) provide recommendations about 
                                digital citizenship and media literacy 
                                guidelines;
                                    (II) identify barriers and 
                                opportunities for implementing media 
                                literacy in kindergarten through grade 
                                12 in public schools in the State for 
                                all students, including students who 
                                are children with disabilities;
                                    (III) identify best practices and 
                                effective models for media literacy 
                                education, including incorporating 
                                universal design for learning and 
                                providing additional accommodations for 
                                students who are children with 
                                disabilities when needed;
                                    (IV) identify existing models of 
                                curriculum and existing policies in 
                                different States that are aimed at 
                                overcoming the barriers identified in 
                                subclause (II);
                                    (V) gather data or conduct research 
                                to assess the media literacy and 
                                digital citizenship competencies of 
                                students, teachers, or specialized 
                                instructional support personnel;
                                    (VI) submit a report to the State 
                                educational agency containing findings 
                                and recommendations regarding the items 
                                identified under this clause; and
                                    (VII) annually update those 
                                findings and recommendations.
                            (ii) Assisting local educational agencies 
                        in the development of units of instruction on 
                        media literacy, either as a new subject or as a 
                        part of the existing curriculum.
                            (iii) Assisting local educational agencies 
                        in developing means of evaluating student 
                        learning in media literacy.
                            (iv) Assisting local educational agencies 
                        in developing or providing professional 
                        development for teachers that relates to media 
                        literacy.
                    (B) Media literacy advisory council.--
                            (i) Members.--The media literacy advisory 
                        council described in subparagraph (A)(i) shall 
                        include experts in media literacy, including 
                        academic experts, individuals from nonprofit 
                        organizations, individuals with expertise in 
                        education for students who are children with 
                        disabilities, teachers, librarians, 
                        representatives from parent organizations, 
                        educators, administrators, students, and other 
                        stakeholders.
                            (ii) Diversity of representation.--Such 
                        membership shall include representation from 
                        rural and urban local educational agencies, 
                        small and large schools, high- and low-resource 
                        schools, teachers of students with 
                        disabilities, and schools in communities from 
                        diverse linguistic, racial, and ethnic 
                        backgrounds.
                    (C) Guidelines.--
                            (i) In general.--A State educational agency 
                        that creates a media literacy advisory council 
                        under subparagraph (A)(i) shall, only after 
                        consideration of the findings and 
                        recommendations described in subclauses (I) and 
                        (VI) of that subparagraph, develop and publish 
                        on the State educational agency website 
                        inclusive digital citizenship and media 
                        literacy guidelines for students in 
                        kindergarten through grade 12 in public schools 
                        in the State.
                            (ii) Requirements.--The guidelines 
                        described in clause (i) shall be designed to 
                        develop media literacy and digital citizenship 
                        competencies by promoting students'--
                                    (I) research and information 
                                fluency;
                                    (II) critical thinking and problem-
                                solving skills;
                                    (III) technology operations and 
                                concepts;
                                    (IV) information and technological 
                                literacy;
                                    (V) concepts of media 
                                representation and stereotyping;
                                    (VI) understanding of explicit and 
                                implicit media messages;
                                    (VII) understanding of values and 
                                points of view that are included and 
                                excluded in media content;
                                    (VIII) understanding of how media 
                                may influence ideas and behaviors;
                                    (IX) understanding of the 
                                importance of obtaining information 
                                from multiple media sources and 
                                evaluating sources for quality;
                                    (X) understanding how information 
                                on digital platforms can be altered 
                                through algorithms, editing, and 
                                augmented reality; and
                                    (XI) ability to create media in 
                                civically and socially responsible 
                                ways.
            (2) Local educational agencies.--An eligible entity that is 
        a local educational agency receiving a grant under this section 
        shall use grant funds to carry out one or more of the following 
        activities:
                    (A) Incorporating digital citizenship and media 
                literacy into the existing curriculum (across content 
                and disciplinary areas) or establishing new educational 
                opportunities to learn about media literacy.
                    (B) Employing specialized instructional support 
                personnel, such as a librarian or other personnel who 
                can provide instructional services in media literacy.
                    (C) Providing funding to educators who are carrying 
                out activities described in subparagraph (A) to further 
                their professional development in relation to media 
                literacy, including funding for traveling to media 
                literacy conferences to share knowledge with regional 
                and national stakeholders.
                    (D) Other activities, including student led 
                efforts, to support, develop, or promote the 
                implementation of media literacy education programs, 
                policies, teacher preparation, curriculum, or 
                standards.
            (3) Public libraries.--An eligible entity that is a public 
        library receiving a grant under this section shall use grant 
        funds to carry out activities that enhance digital citizenship 
        and media literacy skills in children.
            (4) Qualified nonprofit organizations.--
                    (A) In general.--An eligible entity that is a 
                qualified nonprofit organization receiving a grant 
                under this section shall use grant funds to carry out 
                one or more of the following activities:
                            (i) Activities in schools or public 
                        settings for children in kindergarten through 
                        grade 12 that enhance digital citizenship and 
                        media literacy skills.
                            (ii) Other activities to support, develop, 
                        or promote the implementation of media literacy 
                        education programs, policies, teacher 
                        preparation, curriculum, or standards relating 
                        to enhancing digital citizenship and media 
                        literacy skills for children in kindergarten 
                        through grade 12.
                    (B) Restriction.--If a qualified nonprofit 
                organization charges a school or other entity for 
                carrying out activities described in subparagraph (A), 
                the organization may not charge more than the cost to 
                the organization of carrying out the activities.
    (d) Reporting.--
            (1) Reports by eligible entities.--Not later than 1 year 
        after the date on which an eligible entity receives grant funds 
        under this section, the eligible entity shall prepare and 
        submit to the Assistant Secretary a report describing the 
        activities the eligible entity carried out using grant funds 
        and the effectiveness of those activities.
            (2) Report by the assistant secretary.--Not later than 90 
        days after the Assistant Secretary receives the report 
        described in paragraph (1) from the last eligible entity to 
        submit such a report, the Assistant Secretary shall prepare and 
        submit a report to Congress describing the activities carried 
        out under this section and the effectiveness of those 
        activities.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of Congress that the Assistant Secretary should--
            (1) establish and maintain a list of--
                    (A) eligible entities that receive a grant under 
                section 4; and
                    (B) individuals designated by those eligible 
                entities as participating individuals, such as 
                individuals serving on a media literacy advisory 
                council described in section 4(c)(1)(A)(i) or 
                individuals carrying out activities authorized under 
                section 4(c) on behalf of those eligible entities; and
            (2) make the list described in paragraph (1) available to 
        those eligible entities and participating individuals in order 
        to promote communication and further exchange of information 
        regarding sound digital citizenship and media literacy 
        practices among recipients of a grant under section 4.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$20,000,000 for each of fiscal years 2024, 2026, 2028, and 2030.
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