[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.
____________________