September 16, 2020 - Issue: Vol. 166, No. 160 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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DANNY'S LAW; Congressional Record Vol. 166, No. 160
(House of Representatives - September 16, 2020)
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[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. ____________________
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