[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4614 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4614

To direct the Secretary of Health and Human Services and the Secretary 
  of Education to coordinate and distribute educational materials and 
 resources regarding artificial intelligence and social media platform 
                    impact, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2024

  Mr. Markey introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Health and Human Services and the Secretary 
  of Education to coordinate and distribute educational materials and 
 resources regarding artificial intelligence and social media platform 
                    impact, 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 ``Social Media and AI Resiliency 
Toolkits in Schools Act'' or the ``SMART in Schools Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) ESEA definitions.--The terms ``elementary school'', 
        ``evidence-based'', ``local educational agency'', 
        ``paraprofessional'', ``parent'', ``secondary school'', 
        ``specialized instructional support personnel'', and ``State 
        educational agency'' have the meanings given the terms in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).
            (2) Bureau-funded school.--The term ``Bureau-funded 
        school'' has the meaning given the term in section 1141 of the 
        Education Amendments of 1978 (25 U.S.C. 2021).
            (3) Departments.--The term ``Departments'' means the 
        Department of Education and the Department of Health and Human 
        Services.
            (4) 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.
            (5) Digital resilience.--The term ``digital resilience'' 
        means the ability to recognize, manage, and recover from online 
        risks.
            (6) Educator.--The term ``educator'' means an early 
        childhood educator, teacher, or paraprofessional, serving 
        students.
            (7) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, mannerism, or other 
        gender-related characteristic of an individual, regardless of 
        the designated sex at birth of the individual.
            (8) Health care provider serving pediatric patients.--The 
        term ``health care provider serving pediatric patients'' means 
        a health care provider who serves children, including a family 
        medicine physician, pediatrician, child and adolescent 
        psychiatrist, mental health provider, or behavioral health 
        provider.
            (9) Labor organization.--The term ``labor organization'' 
        has the meaning given the term in section 2 of the National 
        Labor Relations Act (29 U.S.C. 152).
            (10) School or educational agency administrator.--
                    (A) In general.--The term ``school or educational 
                agency administrator'' means an individual who is a 
                principal, other school leader, superintendent, or 
                other employee or officer of an elementary school or 
                secondary school, local educational agency, State 
                educational agency, or other entity operating an 
                elementary school or secondary school.
                    (B) Exception.--The term ``school or educational 
                agency administrator'' does not include an individual 
                solely due to the individual's service as a member of a 
                public board of education or other public authority 
                legally constituted within a State for either 
                administrative control or direction of, or to perform a 
                service function for, public elementary schools or 
                secondary schools.
            (11) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Health and Human Services and the Secretary of 
        Education, acting jointly or acting jointly through their 
        designees.
            (12) Sexual orientation.--The term ``sexual orientation'' 
        means how a person identifies in terms of their emotional, 
        romantic, or sexual attraction, and includes identification as 
        straight, heterosexual, gay, lesbian, or bisexual, among other 
        terms.
            (13) Student.--The term ``student'' means a student in any 
        of grades kindergarten through grade 12.
            (14) Toolkit.--The term ``toolkit'' means a collection of 
        materials and resources to inform responsible use of artificial 
        intelligence and social media platforms.
            (15) Tribal educational agency.--The term ``Tribal 
        educational agency'' has the meaning given the term (without 
        regard to capitalization) in section 6132(b) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7452).

SEC. 3. JOINT DEVELOPMENT OF EDUCATIONAL TOOLKIT ON ARTIFICIAL 
              INTELLIGENCE AND SOCIAL MEDIA PLATFORM IMPACT, 
              RESPONSIBLE USES OF THESE TECHNOLOGIES, AND THE IMPACT ON 
              YOUTH MENTAL HEALTH.

    (a) Development of Toolkits.--
            (1) In general.--Beginning not later than 1 year after the 
        date of enactment of this Act, the Secretaries shall--
                    (A) develop, and update on a biennial basis, 
                including with reference to any existing resources, 
                toolkits to facilitate greater awareness of, and 
                ability to respond to, the impact of artificial 
                intelligence and social media platforms on students, in 
                accordance with subsections (b) through (d); and
                    (B) not less frequently than once a year, 
                disseminate such toolkits to school or educational 
                agency administrators, educators, specialized 
                instructional support personnel, health care providers 
                serving pediatric patients, students, parents, 
                guardians, and caregivers in accordance with subsection 
                (e).
            (2) Consultation and considerations.--In developing the 
        educational materials and resources described in paragraph (1), 
        the Secretaries shall--
                    (A) consult with--
                            (i) students, parents, guardians, and 
                        caregivers;
                            (ii) relevant subject-matter experts;
                            (iii) labor organizations representing 
                        educators, health care providers serving 
                        pediatric patients, and specialized 
                        instructional support personnel;
                            (iv) professional organizations 
                        representing educators, health care providers 
                        serving pediatric patients, and specialized 
                        instructional support personnel;
                            (v) health care providers serving pediatric 
                        patients;
                            (vi) specialized instructional support 
                        personnel and educators;
                            (vii) youth-serving or community-based 
                        youth-oriented organizations; and
                            (viii) school or educational agency 
                        administrators; and
                    (B) consider evidence-based recommendations from 
                other groups as determined necessary by the 
                Secretaries.
    (b) Toolkits Audiences.--In order to carry out subsection (a), the 
Secretaries shall create different toolkits tailored for each of the 
following audiences:
            (1) Students.
            (2) Educators.
            (3) Specialized instructional support personnel.
            (4) Health care providers serving pediatric patients.
            (5) Parents, guardians, and caregivers.
            (6) School or educational agency administrators.
            (7) Additional audiences, as the Secretaries determine 
        necessary.
    (c) Tenets for Educational Resources.--The information provided in 
the toolkits described in subsection (a) shall be--
            (1) in an easily accessible and understandable format;
            (2) evidence-based; and
            (3) culturally appropriate and in a manner that is 
        inclusive of race, ethnicity, language spoken, disability, 
        geographic location, gender identity, and sexual orientation.
    (d) Contents of Educational Resources.--
            (1) In general.--The toolkits described in subsection (a) 
        shall be designed to--
                    (A) strengthen digital resilience and improve the 
                ability to recognize, manage, recover from, and avoid 
                perpetuating online risks (such as harassment, 
                excessive use, discrimination, and other impacts to 
                mental health) with respect to youth mental health 
                concerns due to artificial intelligence and social 
                media platform use;
                    (B) provide information and instruction regarding 
                healthy and responsible use cases of artificial 
                intelligence and social media platform technologies and 
                examples of responsible and healthy use of such 
                technologies; and
                    (C) provide evidence-based education to the 
                relevant audience regarding--
                            (i) artificial intelligence and social 
                        media platform education, including privacy 
                        concerns;
                            (ii) the mental health implications and 
                        risk factors of excessive, irresponsible, 
                        maladaptive, or otherwise unhealthy use for 
                        students; and
                            (iii) methods that the audience can use to 
                        seek help for a student with respect to 
                        excessive, irresponsible, maladaptive, or 
                        otherwise unhealthy artificial intelligence or 
                        social media platform use.
            (2) Group-specific content requirements.--The toolkits 
        described in subsection (a) for each audience described in 
        subsection (b) shall meet the following requirements:
                    (A) Students.--Such toolkits for students shall--
                            (i) provide accessible explanations, 
                        differentiated for various grade-levels, for 
                        how artificial intelligence and social media 
                        platforms function;
                            (ii) provide skills to identify generative 
                        artificial intelligence and the use of such 
                        technologies in ``human-like'' or ``companion'' 
                        chatbots, and information on how to interact 
                        with such artificial intelligence responsibly;
                            (iii) inform students of indicators that 
                        the students are interacting with artificial 
                        intelligence and algorithms while using the 
                        internet and social media platform 
                        applications, including, as age appropriate--
                                    (I) information about attention-
                                diverting and disguised algorithmic 
                                techniques like dark patterns; and
                                    (II) information regarding, and 
                                examples of, the effects of bad 
                                training or incomplete datasets on 
                                perpetuating existing inequities, 
                                including incorrect and negative 
                                outputs of artificial intelligence such 
                                as hallucinations, deep fakes, and 
                                false information;
                            (iv) inform students of their rights 
                        online, both on social media platform 
                        applications and with regard to artificial 
                        intelligence;
                            (v) teach digital resilience;
                            (vi) teach digital citizenship and the 
                        skills necessary to reduce online risks from 
                        the user end;
                            (vii) teach students to recognize 
                        excessive, irresponsible, maladaptive, or 
                        otherwise unhealthy use of social media 
                        platforms and how to initiate a conversation 
                        about such use or how to seek help from an 
                        adult; and
                            (viii) provide information on unique 
                        impacts for students based on race, language 
                        spoken, disability, geographic location, gender 
                        identity, and sexual orientation.
                    (B) Educators.--Such materials and resources for 
                educators shall--
                            (i) define and provide an appropriate 
                        knowledge base of artificial intelligence 
                        systems and social media platforms, including 
                        information regarding contexts and instances 
                        where technologies and functions that rely on 
                        artificial intelligence are in use;
                            (ii) provide additional, specific 
                        information on--
                                    (I) the ways in which students are 
                                uniquely vulnerable to generative 
                                artificial intelligence and ``human-
                                like'' or ``companion'' chatbots and 
                                other high-risk applications of 
                                artificial intelligence;
                                    (II) specific risks for different 
                                age groups of students; and
                                    (III) data privacy and management, 
                                including technologies that rely on 
                                artificial intelligence to--
                                            (aa) surveil students;
                                            (bb) track students' 
                                        academic outcomes and 
                                        engagement; and
                                            (cc) monitor students' 
                                        online activities;
                            (iii) provide information on the benefits 
                        of responsible use and strategies to encourage 
                        responsible use of artificial intelligence and 
                        social media platforms, including practical 
                        examples of how to teach and engage students to 
                        understand responsible use which may include 
                        professional development and training 
                        opportunities in addition to the information 
                        provided in the toolkit;
                            (iv) provide information on the ways in 
                        which artificial intelligence and social media 
                        platform use outside of the classroom impacts 
                        student academic achievement, well-being, and 
                        mental health, and school climate;
                            (v) inform how to recognize excessive, 
                        irresponsible, maladaptive, or otherwise 
                        unhealthy use of social media platforms in the 
                        educator's age group of students;
                            (vi) provide information on available 
                        resources educators can inform a student of if 
                        the educator identifies--
                                    (I) excessive, irresponsible, 
                                maladaptive, or otherwise unhealthy 
                                artificial intelligence and social 
                                media platform use or content; or
                                    (II) the use of these technologies 
                                impacting mental health;
                            (vii) engagement strategies with parents, 
                        guardians, and caregivers to address excessive, 
                        irresponsible, maladaptive, or otherwise 
                        unhealthy artificial intelligence and social 
                        media platform use; and
                            (viii) provide information on unique 
                        impacts for students based on race, language 
                        spoken, disability, geographic location, gender 
                        identity, or sexual orientation, including 
                        providing guidance for educators on how to 
                        present this information to students.
                    (C) Specialized instructional support personnel.--
                Such materials and resources for specialized 
                instructional support personnel shall meet the 
                requirements for educators under subparagraph (B) and 
                also include--
                            (i) clinically relevant information on the 
                        mental health impacts of excessive, 
                        irresponsible, maladaptive, or otherwise 
                        unhealthy artificial intelligence and social 
                        media platform use;
                            (ii) more information on available in-
                        school behavioral health or school resources 
                        that can be employed to assist in the 
                        prevention and early intervention of mental 
                        health concerns related to artificial 
                        intelligence and social media platform use;
                            (iii) guidance regarding appropriate and 
                        inappropriate use of artificial intelligence 
                        and social media platforms within schools;
                            (iv) more information on how to have 
                        discussions and engage with parents, guardians, 
                        and caregivers to promote responsible use of 
                        artificial intelligence and social media 
                        platforms and to address concerns and develop 
                        both prevention and intervention plans for 
                        students engaged in excessive, irresponsible, 
                        maladaptive, or otherwise unhealthy use;
                            (v) information on how to find and connect 
                        students to behavioral health resources 
                        available within the school and the community; 
                        and
                            (vi) specific information on communicating 
                        with parents, guardians, and caregivers about 
                        behavioral health services provided in the 
                        school day, including on obtaining parental 
                        consent for therapeutic services.
                    (D) School or educational agency administrators.--
                Such toolkits for school or educational agency 
                administrators shall include--
                            (i) definitions and an appropriate 
                        knowledge base of artificial intelligence 
                        systems and social media platforms, including 
                        specific information on generative artificial 
                        intelligence and ``human-like'' or 
                        ``companion'' chatbots;
                            (ii) a primer on the ways in which 
                        artificial intelligence and social media 
                        platform use outside of the classroom impact 
                        student academic performance, well-being, 
                        mental health, and school climate;
                            (iii) information on how to coordinate 
                        artificial intelligence and social media 
                        platform training for school staff and ideas 
                        for incorporating artificial intelligence and 
                        social media platform education into broader 
                        educational goals;
                            (iv) information on responsible student 
                        data privacy and management, including 
                        technologies that rely on artificial 
                        intelligence to surveil students and such 
                        technologies mental health impacts on students;
                            (v) information on unique impacts for 
                        students based on race, language spoken, 
                        disability, geographic location, gender 
                        identity, and sexual orientation;
                            (vi) guidance on--
                                    (I) developing policies for a 
                                school, local educational agency, or 
                                State educational agency regarding how 
                                students and staff engage with 
                                artificial intelligence and social 
                                media platforms; and
                                    (II) incorporating student, parent, 
                                guardian, caregiver, and educator input 
                                in those policies; and
                            (vii) guidance on--
                                    (I) information to provide to 
                                specialized instructional support 
                                personnel, educators, parents, 
                                guardians, caregivers, and students 
                                regarding behavioral health resources 
                                available within the school and 
                                community; and
                                    (II) how to ensure that such 
                                information is easily accessible, 
                                actionable, and publicly available
                    (E) Health care providers who serve pediatric 
                patients.--Such materials and resources for health care 
                professionals who serve pediatric patients shall 
                include--
                            (i) definitions and an appropriate 
                        knowledge base of artificial intelligence 
                        systems and social media platforms, including 
                        specific information on generative artificial 
                        intelligence and ``human-like'' or 
                        ``companion'' chatbots;
                            (ii) developmentally appropriate examples 
                        of appropriate and conductive use of, and 
                        relationships with, artificial intelligence and 
                        social media platforms;
                            (iii) information on how to recognize 
                        excessive, irresponsible, maladaptive, or 
                        otherwise unhealthy use of social media 
                        platforms in their pediatric patients through 
                        conversations with their patients and their 
                        patients' parents, guardians, and caregivers, 
                        including--
                                    (I) examples and explanations 
                                regarding how to begin and navigate 
                                those conversations; and
                                    (II) information on how to engage 
                                in a developmentally appropriate way 
                                with pediatric patients, parents, 
                                guardians, and caregivers about 
                                artificial intelligence and social 
                                media platforms and how to perform 
                                mental health screenings during routine 
                                visits; and
                            (iv) information on how to treat or refer 
                        to treatment pediatric patients diagnosed with 
                        mental health issues related to or exacerbated 
                        by artificial intelligence and social media 
                        platforms;
                            (v) information on unique impacts for 
                        pediatric patients based on race, language 
                        spoken, disability, geographic location, gender 
                        identity, and sexual orientation.
                    (F) Parents, guardians, and caregivers.--Such 
                toolkits for parents, guardians, and caregivers shall 
                include--
                            (i) definitions and an appropriate 
                        knowledge base of artificial intelligence 
                        systems and social media platforms, including 
                        specific information on generative artificial 
                        intelligence and ``human-like'' or 
                        ``companion'' chatbots;
                            (ii) information on what responsible use of 
                        artificial intelligence and social media 
                        platforms by students looks like at different 
                        developmental stages;
                            (iii) information regarding how to 
                        recognize excessive, irresponsible, 
                        maladaptive, or otherwise unhealthy use of 
                        social media platforms;
                            (iv) recommendations on initiating and 
                        facilitating a conversation about excessive, 
                        irresponsible, maladaptive, or otherwise 
                        unhealthy artificial intelligence or social 
                        media platform use;
                            (v) available resources for parents, 
                        guardians, and caregivers who need further 
                        assistance, including individuals or 
                        organizations that may be of service;
                            (vi) a description of how to work with 
                        educators and health care professionals who 
                        serve pediatric patients to address excessive, 
                        irresponsible, maladaptive, or otherwise 
                        unhealthy artificial intelligence and social 
                        media platform use; and
                            (vii) information on unique impacts for 
                        students based on race, language spoken, 
                        disability, geographic location, gender 
                        identity, and sexual orientation.
    (e) Dissemination.--The Secretaries shall create a communications 
strategy and dissemination plan to disseminate the toolkits containing 
the educational materials and resources required under subsection (a) 
to all of the audiences described in subsection (b) through the 
pathways necessary to reach the audiences, which may include--
            (1) local educational agencies;
            (2) schools or education centers;
            (3) Bureau-funded schools;
            (4) State educational agencies;
            (5) Tribal, State, or local health departments;
            (6) after-school programs;
            (7) labor organizations, and professional organizations, 
        representing educators, health care providers serving pediatric 
        patients, specialized instructional support personnel, and 
        other groups as determined necessary by the Secretary;
            (8) the foster care system for youth living in congregate 
        care, to provide education to individuals working with foster 
        youth;
            (9) carceral settings supporting juvenile offenders;
            (10) Federally qualified health centers and certified 
        community behavioral health clinics, as described in section 
        223 of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 
        1396a note) and rural health centers;
            (11) hospitals; and
            (12) other entities as determined necessary by the 
        Secretaries.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000.
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