[Congressional Record Volume 166, Number 160 (Wednesday, September 16, 2020)]
[House]
[Pages H4449-H4452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              DANNY'S LAW

  Ms. STEVENS. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3659) to establish an Anti-Bullying Roundtable to study 
bullying in elementary and secondary schools in the United States, and 
for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3659

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; FINDINGS.

       (a) Short Title.--This Act may be cited as ``Danny's Law''.
       (b) Findings.--The Congress finds the following:
       (1) This Act is named in honor of Daniel Fitzpatrick, who, 
     in August 2016, when he was 13 years old, tragically took his 
     own life as a direct result of bullying.
       (2) According to the Centers for Disease Control and 
     Prevention, bullying is among the most commonly reported 
     discipline problems in public schools.
       (3) Potential effects of bullying include social and 
     emotional distress, physical injury, and increased risk for 
     lowering academic achievement.

     SEC. 2. ANTI-BULLYING ROUNDTABLE.

       (a) Establishment.--There is established an independent 
     commission to be known as the ``Anti-Bullying Roundtable'' 
     (in this Act referred to as the ``Roundtable'').
       (b) Duties.--The duties of the Roundtable shall be to study 
     and report on bullying in elementary schools and secondary 
     schools in the United States by consulting with State 
     educational agencies and local educational agencies 
     regarding--
       (1) current policies on bullying;
       (2) teacher education on bullying and bullying prevention 
     policies;
       (3) parent and student education on bullying and bullying 
     prevention policies;
       (4) instances of student violence as a result of bullying;
       (5) instances of student self-harm as a result of bullying;
       (6) preventative measures in place at State and local 
     levels; and
       (7) instances of cyberbullying and practices for addressing 
     cyberbullying.
       (c) Membership.--
       (1) In general.--The Roundtable shall be composed of 15 
     members, appointed as follows:
       (A) 3 members shall be appointed by the Secretary of 
     Education, and those 3 members shall represent 3 different 
     categories of stakeholders described in paragraph (2).
       (B) 6 members shall be appointed by the Speaker of the 
     House of Representatives, 3 of whom shall be appointed on the 
     recommendation of the majority leader of the House of 
     Representatives, and 3 of whom shall be appointed on the 
     recommendation of the minority leader of the House of 
     Representatives. The Speaker, the majority leader, and the 
     minority leader of the House of Representatives shall each 
     select individuals who represent at least 3 different 
     categories of stakeholders described in paragraph (2).
       (C) 6 members shall be appointed by the President pro 
     tempore of the Senate, 3 of whom shall be appointed on the 
     recommendation of the majority leader of the Senate, and 3 of 
     whom shall be appointed on the recommendation of the minority 
     leader of the Senate. The President pro tempore, the majority 
     leader, and the minority leader of the Senate shall each 
     select individuals who represent at least 3 different 
     categories of stakeholders described in paragraph (2).
       (D) In appointing members of the Roundtable, the Secretary 
     of Education, the Speaker of the House of Representatives, 
     and the President pro tempore of the Senate, to the extent 
     practicable, shall take into account all the other nominees 
     to the Roundtable to ensure as many as possible of the 
     categories of stakeholders described in paragraph (2) are 
     represented.
       (2) Representation.--The members of the Roundtable shall 
     include, to the extent practicable, at least one 
     representative of each of the following:
       (A) Teachers.
       (B) School leaders.
       (C) Parents of schoolchildren.
       (D) Individuals who are at least 16 years of age and who 
     have experienced bullying.
       (E) Physicians.
       (F) Child psychologists.
       (G) Paraprofessionals.
       (H) School resource officers or other appropriate 
     professionals responsible for school security.
       (I) Specialized instructional support personnel.
       (J) Other staff.
       (K) Other individuals with expertise working with bullied 
     youth.
       (3) Chair.--The members of the Roundtable shall elect one 
     individual to serve as chair.
       (4) Terms.--Each member shall be appointed for the duration 
     of the existence of the Roundtable.
       (5) Vacancies.--A vacancy in the Roundtable shall be filled 
     in the manner in which the original appointment was made 
     under paragraph (1) and in accordance with the requirements 
     of paragraph (2).
       (6) Pay.--Members of the Roundtable shall serve without 
     pay.
       (d) Time Frame for Formation.--Not later than 180 days 
     after the date of enactment of this Act, the designated 
     Members of Congress and the Secretary shall appoint the 
     members described in subsection (c)(1).

[[Page H4450]]

       (e) Powers of Roundtable.--
       (1) Hearings and sessions.--The Roundtable may, for the 
     purpose of carrying out this section, hold hearings, sit and 
     act at times and places, take testimony, and receive evidence 
     as the Roundtable considers appropriate.
       (2) Obtaining official data.--Upon request of the chair of 
     the Roundtable, the Secretary of Education shall work with 
     the heads of appropriate departments or agencies to furnish 
     requested information to the Roundtable.
       (3) Mails.--The Roundtable may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (4) Administrative support services.--Upon request of the 
     Roundtable, the Secretary of Education shall provide to the 
     Roundtable the administrative support services necessary for 
     the Roundtable to carry out its responsibilities under this 
     Act.
       (f) Reports.--
       (1) Best practices report.--Not later than 270 days after 
     the date on which the Roundtable has been formed, the 
     Roundtable shall submit to the Secretary of Education, and 
     the Secretary shall make public, a report on best practices 
     concerning bullying, including cyberbullying, in elementary 
     schools and secondary schools in the United States that 
     contains, among other items--
       (A) recommendations for how to prevent bullying;
       (B) recommendations for how to best educate educators, 
     administrators, and all relevant school staff on recognizing 
     bullying;
       (C) recommendations for how parents can best address and 
     discuss with their children the early warning signs of 
     bullying;
       (D) recommendations for addressing underlying causes of 
     bullying behavior;
       (E) recommendations to address bullying of at-risk 
     students, including students who are at greater risk of self-
     harm; and
       (F) examples of successful evidence-based bullying 
     prevention programming.
       (2) Final report.--Not later than 1 year after the date on 
     which the Roundtable has been formed, the Roundtable shall 
     transmit a final report to the Secretary of Education and the 
     Congress containing--
       (A) a detailed statement of the findings and conclusions of 
     the Roundtable; and
       (B) recommendations for lawmakers regarding effective 
     bullying prevention policies.
       (g) Termination.--The Roundtable shall terminate upon 
     submission of the final report pursuant to subsection (f)(2).
       (h) Rule of Construction.--No data obtained under this Act 
     from State educational agencies, local educational agencies, 
     Federal departments or agencies, or other sources, including 
     information described in subsection (e)(2), shall include or 
     reveal personally identifiable information about any 
     individual.
       (i) Definitions.--In this Act, the terms ``elementary 
     school'', ``local educational agency'', ``paraprofessional'', 
     ``parent'', ``other staff'', ``school leader'', ``secondary 
     school'', ``Secretary'', ``specialized instructional support 
     personnel'', and ``State educational agency'' have the 
     meaning given those terms, respectively, under section 8101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Michigan (Ms. Stevens) and the gentleman from New Jersey (Mr. Van Drew) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Michigan.


                             General Leave

  Ms. STEVENS. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the measure under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Michigan?
  There was no objection.

                              {time}  1145

  Ms. STEVENS. Madam Speaker, I yield myself as much time as I may 
consume.
  I was proud to co-introduce this important legislation with my 
colleague, Congressman Max Rose, and I would like to start by thanking 
him for his work and leadership on this bill and on behalf of Danny and 
his family.
  In 2016, 13-year-old Daniel Fitzpatrick took his life as a direct 
result of bullying at school.
  To honor Danny and to help save countless other young lives, his 
family committed to advocacy and established the Danny's Angel Network 
Nurturing Youth, DANNY, foundation to raise awareness and end bullying 
in schools.
  One out of every five kids in this country experiences bullying. The 
problem has grown and moved from beyond the playground to the internet 
as students spend more and more time online.
  Bullying contributes to emotional and mental health problems for 
children across this country and, in far too many cases, has driven 
kids to suicide. In fact, a recently released CDC report stated that 
suicide of youth ages 10 to 24 has increased by nearly 60 percent in 
the last 10 years.
  This is an issue that deserves our consideration, deserves research, 
and deserves action. We simply must do more to prevent bullying and its 
devastating consequences.
  Danny's Law would establish an antibullying roundtable, a commission 
tasked with studying bullying in elementary and secondary schools and 
producing a report with best practices to address it.
  While we cannot bring back those we have lost to bullying and 
suicide, this commission will give schools and educators the tools to 
end bullying--something I hear from my constituents far too often, from 
my schools, from my educators--and it will ensure that every student 
can grow and learn in a safe and welcoming environment.
  Madam Speaker, I urge my colleagues to join me in supporting this 
legislation, and I reserve the balance of my time.
  Mr. VAN DREW. Madam Speaker, I yield myself such time as I may 
consume.
  I rise today in support of H.R. 3659, Danny's Law, bipartisan 
legislation that would establish an antibullying roundtable to examine 
bullying in elementary and secondary schools in the United States.
  One-third of the world's youth are bullied. This is a saddening 
statistic.
  According to the Centers for Disease Control and Prevention, students 
who are bullied are more likely to experience low self-esteem and 
isolation, perform poorly in school, have fewer friends, have a 
negative view of academics, and experience physical symptoms and mental 
health issues.
  We all agree that no child should be bullied in any school, and as 
elected representatives, we are in a position to coordinate on our 
efforts to support our schools in preventing such mistreatments.
  The legislation before us today is named in honor of Daniel 
Fitzpatrick, a 13-year-old boy who tragically died by suicide in August 
2016 after being bullied by his peers.
  Before taking his own life, Daniel wrote a note to his family 
detailing the struggles he faced with bullying and the lack of response 
by his teachers. This is heartbreaking, and it is unacceptable.
  Unfortunately, devastating stories like Daniel's are becoming far too 
common throughout our country and have lasting impacts on American 
families and our communities.
  Today, we are here to act.
  Under Danny's Law, Members of Congress and the Secretary of Education 
will appoint 15 individuals representing a variety of community members 
with insight into bullying and its effects on children. These parents, 
school leaders, teachers, school security, and psychologists will serve 
on an antibullying roundtable to consult with State and local 
educational agencies regarding the growing issue of bullying and to 
discuss prevention measures to reduce its increasing toll on our 
Nation's youth.
  By addressing the mistreatment and harassment of school-age children, 
we can help create a safe learning environment for students. They are 
our future. We have a vested interest in giving families, schools, and 
communities the tools they need to shape young Americans to be 
successful leaders.
  Madam Speaker, I thank my colleagues on both sides of the aisle for 
taking action to combat bullying in our Nation's elementary and 
secondary schools, and I urge a ``yes'' vote on H.R. 3659 for children 
like Danny and millions of others who face bullying every single day.
  Madam Speaker, I reserve the balance of my time.
  Ms. STEVENS. Madam Speaker, I yield 2 minutes to the gentleman from 
New York (Mr. Rose), the author of this bill.
  Mr. ROSE of New York. Madam Speaker, I thank, of course, the chairman 
of this committee and my wonderful colleague from Michigan for her 
friendship and her extraordinary leadership.
  I rise today to urge my colleagues to vote in favor of H.R. 3659, 
otherwise known as Danny's Law.

[[Page H4451]]

  This bill will establish a roundtable of experts and stakeholders to 
study and report on the problem of bullying in our schools.
  This isn't a new problem, but it is one that is increasingly more 
prevalent and increasingly more complex. Kids today don't just face 
bullying at school. They bring it home with them as well, home on their 
phones, home on their computers. It is all over social media.
  Addressing this problem will require a head-on commitment nationwide 
to end bullying, one that involves not just lawmakers as ourselves, but 
every single person in this Nation, private sector, public sector, 
everyone.
  I hope this bill will be a first step toward instilling emotional 
literacy in our young people so that they can see the common humanity 
amongst each other and grow to be empathetic adults.

  I sincerely hope that we can model that behavior as well for them. In 
times like this, when our country is growing ever more divided, we need 
to be teaching our children not the art of division but how to accept 
one another, respect each other, work with each other.
  Danny Fitzpatrick was one of those people. He was a boy who loved to 
love. He accepted each person as they are and always found in them a 
shared humanity.
  Society, our society, allowed a beautiful young boy like Danny to be 
bullied so horribly that he took his own life at 13 years old.
  This should not happen in America. This cannot happen in America, not 
to any family. But his mother, Danny's mother, took her pain and she 
made it her mission to ensure that no other family experiences this 
agony.
  We cannot get Danny back. We cannot erase his family's pain.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. STEVENS. Madam Speaker, I yield an additional 30 seconds to the 
gentleman from New York.
  Mr. ROSE of New York. Madam Speaker, we cannot get Danny back. We 
cannot erase his family's pain. But what we can do right here is give 
Danny's life meaning and protect all of America's children, our 
children, by passing this bill.
  Madam Speaker, I once again want to thank the staff, Chairman Scott, 
and Ranking Member Foxx for bringing this overdue bill to the floor. I 
urge my colleagues, on behalf of America's children, to vote ``yes.''
  Mr. VAN DREW. Madam Speaker, I reserve the balance of my time.
  Ms. STEVENS. Madam Speaker, I yield 2 minutes to the gentlewoman from 
Pennsylvania (Ms. Wild).
  Ms. WILD. Madam Speaker, I rise to speak in support of H.R. 3659, 
Danny's Law, and I thank my friends and colleagues, Max Rose and Haley 
Stevens, for introducing this important bill.
  Across our communities, a national epidemic of suicide has devastated 
far too many families. One of the most heartbreaking aspects of this 
crisis concerns the loss of children to suicide, often a result of 
pervasive, overwhelming bullying by their peers.
  Danny's Law was named for Daniel Fitzpatrick, a 13-year-old boy whose 
experiences with bullying led him to take his own life.
  By directing the President to establish an antibullying roundtable to 
make recommendations pertaining to bullying in elementary and secondary 
schools, this legislation would make ending bullying a national 
priority.
  People of all ages, including children, suffer from the effects of 
unmet mental health needs, with consequences that can be dire. In 
taking the issue of suicide among children out of the shadows, we can 
begin to overcome the stigma around mental health challenges, which 
remain far too prevalent in our society.
  In addition to the sometimes extreme consequences of pervasive 
bullying, students who are bullied by their classmates are not able to 
fully pursue their education or receive equal access to the academic 
and social opportunities their schools provide. Preventing and ending 
bullying will remove this major barrier.
  Together, Republicans and Democrats alike, let us pass this bill in 
remembrance of Daniel Fitzpatrick and in support of his family.
  To every young person in our communities who may feel judged or 
alone, you will never be alone. You are free to be who you are.
  Mr. VAN DREW. Madam Speaker, I have no other speakers, and I reserve 
the balance of my time.
  Ms. STEVENS. Madam Speaker, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Madam Speaker, I thank the gentlewoman for her 
leadership, and I thank the outstanding cosponsors of this legislation, 
my friend Mr. Rose and my colleague from New Jersey, for coming 
together around a concept that I have had the disappointment and 
sadness to work on for most of my tenure in the United States Congress, 
and that is bullying.
  I am so saddened that we have to name bills after young people, 
precious young people, who have taken their lives.
  Bullying--breaking news--destroys our children. It not only destroys 
the person that is bullied--many times, unbeknownst to their friends or 
their family so that someone could provide them comfort and reaffirm 
their dignity and their worth because that is what bullying does, it 
says that you are not worth anything--but it also destroys the bully.
  So, I am excited about a commission, a roundtable established by the 
President to study bullying in elementary and secondary schools in the 
United States. Their report will make recommendations for combating 
bullying and educating school officials in recognizing it.
  I know how hard school officials work. I talk to my superintendents 
and teachers all the time. But they miss these things, and that means 
the child suffers alone.
  This bill is named after Daniel Fitzpatrick, a 13-year-old boy who 
died on August 11, 2016. He was a loving and generous kid who embodied 
kindness and empathy to all.
  He was also the victim of relentless physical, mental, verbal, and 
emotional bullying. No child should have to go through that.
  I have worked on this for a very long period of time. In 2019, I was 
able to pass H.R. 494, the Tiffany Joslyn Juvenile Accountability Block 
Grant Reauthorization and Bullying Prevention and Intervention Act.
  I think these bills need to be passed immediately by the United 
States Senate and, really, go to the President of the United States.
  A child is bullied every 7 seconds. Approximately 11 percent of 
students simply do not go to school at least 1 day during the school 
year because they feel unsafe.
  The SPEAKER pro tempore (Ms. DelBene). The time of the gentlewoman 
has expired.
  Ms. STEVENS. Madam Speaker, I yield an additional 30 seconds to the 
gentlewoman from Texas.
  Ms. JACKSON LEE. Madam Speaker, I thank the gentlewoman for her 
kindness.
  In the last year alone, an estimated 160,000 students across the 
country skipped school because they feared being bullied.
  I started out by saying, and let me specifically note, in 2018, 7.1 
percent of LGBTQ students were verbally bullied because of their sexual 
orientation. Twenty-eight or 30 percent of those students were 
physically bullied.
  Let me just say this. This is an excellent bill. It brings us all 
together. It announces our attempt to respond to Danny's mother, to 
attack an epidemic of bullying in our schools.
  We don't know where it starts. We don't know where these children 
come from. But we have to help them because bullying destroys the lives 
of the bully and of the one bullied.
  Madam Speaker, as a cosponsor and senior member of the Judiciary and 
Homeland Committees, I rise in strong support of H.R. 3659, ``Danny's 
Law,'' which requires the President to establish an Anti-Bullying 
Roundtable to study bullying in elementary and secondary schools in the 
United States.
  The 13-member roundtable will consist of relevant stakeholders, 
including but not limited to teachers, parents of schoolchildren, and 
guidance counselors, who will submit a report to Congress on best 
practices concerning bullying upon 270 days of convening.
  This report will provide recommendations for combating bullying, 
educating school officials on how to recognize bullying, as well as 
helping parents to address the early warning signs

[[Page H4452]]

of bullying with their children, so that we can take a well-informed 
step forward in the fight against childhood bullying.
  This bill is named after Daniel Fitzpatrick, a 13-year-old boy who 
died by suicide on August 11, 2016.
  Danny was a loving and generous kid who embodied kindness and empathy 
to all.
  He was also the victim of relentless physical, mental, verbal, and 
emotional bullying at school.
  Throughout my tenure in Congress, I have been an active advocate for 
anti-bullying initiatives.
  In January 2019, I was able to achieve broad bipartisan support for 
my bill, H.R. 494, the Tiffany Joslyn Juvenile Accountability Block 
Grant Reauthorization and Bullying Prevention and Intervention Act, 
which was later passed in the House.
  Although some people may dismiss bullying as a normal part of growing 
up, bullying can be detrimental to a child's education and have 
lifelong consequences.
  It is an epidemic that plagues our country and too often claims the 
lives of our youth.
  In Houston, Texas, a child is bullied every seven seconds and 
approximately 11 percent of students do not go to school at least one 
day during the school year because they feel unsafe.
  On a national level, 90 percent of students between the fourth and 
eighth grades report being victims of some type of bullying.
  In the last year alone, an estimated 160,000 students across the 
country skipped school because they fear being bullied by their peers, 
and many more attended school in a state of anxiety and depression, 
affecting their ability to effectively learn.
  Students who are chronically absent between grades 8 and 12 are over 
seven times more likely to drop out before graduation and long-term 
consequences include poverty as well as diminished mental and physical 
health.
  Furthermore, students who identify or are perceived as LGBTQ are 
often at an increased risk of being bullied.
  In 2018, 70.1 percent of LGBTQ students were verbally bullied because 
of their sexual orientation while 28.9 percent of LGBTQ students were 
physically bullied.
  Youth with disabilities and those who are socially isolated are also 
considered as vulnerable populations when it comes to being targets for 
bullying.
  Cyber bullying adds an additional layer of complexity when trying to 
build a safe environment for all youth.
  In today's world, our children are exposed to technology at a much 
younger age, which raises the likelihood of them being subjected to 
cyberbullying.
  Over 80 percent of teens use a cell phone regularly, making it the 
most popular form of technology and a common medium for cyber bullying.
  According to the i-SAFE foundation, over 50 percent of adolescents 
and teens have been bullied online.
  Yet, well over half of young people do not tell their parents when 
they are being bullied online.
  By passing Danny's Law today, we are taking a tremendous, nonpartisan 
step towards eliminating childhood bullying and promoting more 
inclusive and tolerant environments for the next generation.
  I am proud to be a leader on this important legislation that will 
undoubtably improve the educational experiences of the next generation, 
and I ask all members from both parties to join me in voting to pass 
H.R. 3659.

                              {time}  1200

  Mr. VAN DREW. Madam Speaker, I yield myself the balance of my time.
  Today, we are here for one reason, and that is to take action to 
ensure that children like Danny never feel as if they have nowhere to 
turn. No child should be subject to cruel treatment from his or her 
peers under any circumstances, especially in the classroom. H.R. 3659, 
Danny's Law, is a unified effort to combat bullying and to ensure 
students have a safe and healthy environment to learn and to grow.
  I would like to thank my colleagues on both sides of the aisle for 
taking a stand against bullying for our Nation's children. I strongly 
urge a ``yes'' vote on H.R. 3659 so we can move this bill swiftly 
through the legislative process and to President Trump's desk for 
signature.
  Madam Speaker, I yield back the balance of my time.
  Ms. STEVENS. Madam Speaker, I yield myself the balance of my time.
  I urge my colleagues today to support H.R. 3659.
  Once again, I want to thank and commend my colleague, Congressman Max 
Rose, for his incredible leadership. He has taken tragedy and turned it 
into action.
  Our colleagues are absolutely right that this deserves the full 
attention of our government, and it is why we are taking this to the 
highest level of our government, to combat bullying.
  This bill honors the life of Danny Fitzpatrick, and it recognizes 
what so many families are working to prevent, what so many families and 
communities across this country never want to see happen. It will help 
end bullying. It will protect students across this country, and I look 
forward to seeing this bill become law.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Michigan (Ms. Stevens) that the House suspend the 
rules and pass the bill, H.R. 3659, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________