Educating Against Misinformation and Disinformation Act

To establish a commission to promote information and media literacy, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Educating Against Misinformation and Disinformation Act (b) Table of contents Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Commission to Support Information and Media Literacy and Address Misinformation and Disinformation Sec. 101. Establishment and duties. Sec. 102. Membership. Sec. 103. Hearings. Sec. 104. Commission personnel matters. Sec. 105. National strategy for information and media literacy and preventing misinformation and disinformation. Sec. 106. Report to Congress. Sec. 107. Authorization of appropriations. Title II—Department of Education activities Sec. 201. Grants to improve the American public’s information and media literacy and resilience to misinformation and disinformation. Sec. 202. Study and report on information and media literacy among the American public. Sec. 203. Department of Education assessment. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Health, Education, Labor, and Pensions and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Education and Labor and the Committee on Science, Space, and Technology of the House of Representatives. (2) ESEA Terms The terms elementary school local educational agency secondary school State educational agency 20 U.S.C. 7801 et seq. (3) Information literacy The term information literacy (4) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (5) Media literacy The term media literacy (6) Social media The term social media (7) State higher education agency The term State higher education agency 20 U.S.C. 1003 I Commission to Support Information and Media Literacy and Address Misinformation and Disinformation 101. Establishment and duties (a) Establishment There is established a commission to be known as the Commission to Support Information and Media Literacy and Prevent Misinformation and Disinformation Commission (b) Duties of the commission The duties of the Commission are as follows: (1) Identify and assess programs and interdisciplinary resources relating to information and media literacy in elementary, secondary, higher education, and adult education programs, including by— (A) identifying and assessing programs and other educational materials made available by the Federal Government; (B) developing metrics to report on the status of information and media literacy education in elementary, secondary, higher, and public informal education; (C) requesting that the Public Library Survey of the Institute of Museum and Library Services continue to collect such data on an ongoing basis; and (D) annually reporting on the status of such efforts. (2) Develop and regularly update, not less frequently than annually, a national strategy to promote information and media literacy in accordance with section 105 and coordinate the implementation of such strategy. (3) Report on how information on the internet and social media is created and consumed, with a particular focus on how disinformation and misinformation are spread. (4) Develop age-appropriate materials to promote information and media literacy and education with a particular focus on misinformation and disinformation and disseminate such materials to the public. (5) Assess and report on strategies and techniques to help students and the public at large judge the trustworthiness and reliability of information and images. (6) Promote information and media literacy and related educational efforts and materials at the State and local levels, including by promoting partnerships among Federal, State, and local governments and nonprofit organizations with recognized expertise in media literacy. These efforts include misinformation and disinformation educational and media literacy campaigns for the public. (7) Make recommendations to the appropriate congressional committees and the Secretary of Education. (c) Areas of emphasis In carrying out the duties specified in subsection (b), the Commission shall seek to— (1) increase public awareness of and education on— (A) how to find and identify if information is from a trustworthy source; (B) how to craft arguments, when claims are supported by evidence, and how to analyze the validity of claims and strength of arguments being made; (C) methods to understand the difference between fact or opinion or a mixture thereof; (D) methods to identify misinformation and disinformation; (E) how to find and evaluate context for information from different sources; (F) how to detect manipulation of images or information on digital platforms; and (G) how influencers and various organizations target and manipulate audiences through digital platforms; (2) improve information and media literacy and education by encouraging individuals to develop related skills, including— (A) critical thinking skills, including how to identify the difference between credible and noncredible claims and information; (B) awareness of the impact of disinformation and misinformation on individuals and society; (C) increased familiarity and facility with new and digital media with a particular emphasis on techniques individuals may use to— (i) find reliable and trustworthy information sources; and (ii) identify how information can be manipulated for the consumer; and (D) encourage habits that support the motivation to learn based on verifiably true facts when engaging with information sources; and (3) improve information and media literacy and resilience to misinformation and disinformation among students attending elementary schools, secondary schools, institutions of higher education, and adult education institutions. (d) Consultation In carrying out the duties under subsection (b), the Commission shall actively consult with experts in media and information literacy and experts in misinformation and disinformation, State and local educational agencies, and State higher education agencies as determined appropriate by the Commission. (e) Periodic studies The Commission may conduct periodic studies regarding the status of information and media literacy and educational resources in the United States, as the Commission determines appropriate. (f) Materials in other languages The Commission may take such steps as are appropriate to support the development of information and media literacy and education materials in languages other than English. 102. Membership (a) Membership The Commission shall be composed of the following members: (1) The Secretary of Education, or the Secretary’s designee. (2) The Director of the Institute of Museum and Library Sciences, or the Director’s designee. (3) The Chairman of the Federal Communications Commission, or the Chair’s designee. (4) The Chair of the Federal Trade Commission, or the Chair’s designee. (5) The Secretary of the Department of Health and Human Services, or the Secretary’s designee. (6) Not fewer than seven experts, selected by the Secretary of Education, who represent diverse populations in the field of information and media literacy, including experts such as— (A) members of the International Communication Association and Association for Education in Journalism and Mass Communication; and (B) experts cited in relevant professional journals such as First Monday, Journal of Information Literacy Communications in Information Literacy (b) Alternates Each member of the Commission may designate an alternate if the member is unable to attend a meeting of the Commission. Such alternate shall be an individual who exercises significant decision-making authority in the organization of the member, as determined by the member concerned. (c) Chairperson The Secretary of Education or the Secretary’s designee shall serve as the Chairperson of the Commission. (d) Meetings (1) Frequency The Commission shall meet at the call of the Chairperson— (A) not less frequently than once every 4 months during the period of one year following the date of the initial meeting of the Commission under subsection (f); (B) not less frequently than biannually after the expiration of such period; and (C) at such other times as the Chairperson determines appropriate to carry out this title. (2) Open to public All meetings of the Commission shall be open to the public. (e) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (f) Initial meeting The Commission shall hold its first meeting not later than 60 days after the date of enactment of this Act. 103. Hearings (a) In general The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out this title. (b) Participation In hearings held under this subsection, the Commission shall consider inviting witnesses from— (1) State and local educational agencies and State higher education agencies with expertise in information or media literacy; (2) recognized information or media literacy experts; and (3) recognized experts in online hate, disinformation, and misinformation. 104. Commission personnel matters (a) Compensation of members Each member of the Commission shall serve without compensation. Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (b) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions subchapter I of chapter 57 (c) Detail of Federal Government employees Any employee of the Federal Government may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 105. National strategy for information and media literacy and preventing misinformation and disinformation (a) In general The Commission shall— (1) not later than 18 months after the date of enactment of this Act, develop a national strategy to promote information and media literacy and resilience to misinformation and disinformation among the American public; and (2) coordinate the efforts of the Federal Government to implement the strategy developed under paragraph (1). (b) Elements The strategy under subsection (a) shall— (1) be developed with the participation of State and local governments (including State higher education agencies), nonprofit organizations, and institutions of higher education; (2) include strategies for— (A) increasing the general information and media literacy education level of the American public; (B) enhancing the public’s general understanding of how information platforms operate; and (C) encouraging members of the public to critically analyze information sources and recognize manipulation, misinformation, and disinformation; and (3) include an assessment of existing efforts to promote information and media literacy and education with a particular focus on misinformation and disinformation. (c) National strategy review On a periodic basis at times determined appropriate by the Commission, the Commission shall review the national strategy developed under subsection (b) and make such changes and recommendations as it determines necessary. 106. Report to Congress (a) In general Not later than 18 months after the date of the first meeting of the Commission, and annually thereafter, the Commission shall submit to the appropriate congressional committees a report on the progress of the Commission in carrying out this title. (b) Contents Each report required under subsection (a) shall include— (1) a copy of the national strategy developed under section 105; (2) information concerning the implementation of the duties of the Commission; (3) an assessment of the availability, utilization, and effectiveness of existing information and media literacy and educational materials; (4) a brief summary of the information and media literacy and education materials and data regarding the dissemination and impact of such materials; (5) a brief summary of any hearings conducted by the Commission, including a list of witnesses who testified at such hearings; (6) information about any activities of the Commission planned for the year following the date of the report; and (7) such other information as the Commission determines appropriate. 107. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this title. II Department of Education activities 201. Grants to improve the American public’s information and media literacy and resilience to misinformation and disinformation (a) In general Beginning after the Commission completes the development of the national strategy under section 105, the Secretary of Education shall carry out a program under which the Secretary awards grants, on a competitive basis, to one or more qualified nonprofit organizations, including institutions of higher education, to develop educational materials, multimedia awareness campaigns, and programming to support information and media literacy and to combat misinformation and disinformation for the greater American public. (b) Relationship to Commission activities The Secretary of Education shall carry out the grant program under this section in a manner that reflects the findings of the Commission with respect to— (1) supporting public awareness of information and media literacy; (2) improving individual information and media literacy skills; (3) improving how information and media literacy is addressed in educational settings; and (4) improving the public's resilience to misinformation and disinformation. (c) Multilingual materials In carrying out the program under subsection (a), the Secretary may award grants for the development of educational materials, multimedia awareness campaigns, and programming in languages other than English as the Secretary determines appropriate. (d) Performance measures The Secretary shall develop and implement a process to evaluate the effectiveness of the activities carried out with grants under this section. (e) Report On an annual basis during each year of the grant program under this section, the Secretary shall submit to the appropriate congressional committees a report on the status of the program. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022, 2023, and 2024. 202. Study and report on information and media literacy among the American public (a) Study required The Secretary of Education shall conduct a study to evaluate the extent of information and media literacy among the American public. (b) Elements The study under subsection (a) shall examine the extent of the American public’s knowledge and awareness of— (1) how social media content is created; (2) how members of the public make choices about information as they consume, create, and share it; (3) how intermediary technologies for search and social sharing use algorithms and personal information to influence the circulation and amplification or suppression of news, information, opinion, and disinformation; (4) methods to search and evaluate the reliability of information; (5) how news is gathered and reported and how that process differs from opinion writing and information presented in talk-show formats; and (6) how disinformation and misinformation are shared and circulated. (c) Report required Not later than one year after the date of enactment of this Act, the Secretary of Education shall submit to the appropriate congressional committees a report on the findings and conclusions the study conducted under subsection (a), together with— (1) recommendations for legislative or administrative action based on such study; and (2) recommendations for improving information and media literacy and resilience to misinformation and disinformation among the American public. 203. Department of Education assessment (a) Effectiveness study The Secretary of Education shall conduct an assessment of the effectiveness of the Commission in promoting information and media literacy and education in accordance with title I. (b) Report to Congress Not later than 3 years after the date of enactment of this Act, the Department of Education shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a).

Summary: Educating Against Misinformation and Disinformation Act This bill establishes a commission and requires other activities to support information and media literacy education and to prevent misinformation and disinformation. Specific duties of the commission include (1) implementing a national strategy to promote information and media literacy; and (2) identifying programs and resources on information and media literacy for use in elementary, secondary, and higher education, and adult education programs. The Department of Education (ED) must assess the effectiveness of the commission in promoting information and media literacy education. ED must also award competitive grants to nonprofits (including institutions of higher education) to develop educational materials, public awareness campaigns, and other programming to promote information and media literacy and combat misinformation and disinformation. Additionally, ED must conduct a study to evaluate information and media literacy among the American public.