[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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