I 112th CONGRESS 2d Session H. R. 5638 IN THE HOUSE OF REPRESENTATIVES May 8, 2012 Ms. Velázquez introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary concerned to develop and implement policies and procedures to prevent and respond to hazing in the Armed Forces, and for other purposes.

1.

Short title

This Act may be cited as the Service Member Anti-Hazing Act.

2.

Duties of the Secretary concerned

(a)

Hazing policies and procedures

The Secretary concerned, in consultation with the Panel established in section 3, shall— (1)develop and implement a policy to prevent and respond to hazing of members of that branch of the Armed Forces; (2)develop and implement a program to train members of that branch of the Armed Forces on the dangers of and the need to avoid hazing and on issues related to diversity, which each such member shall attend not less than annually; (3)expand any policies for reporting incidents of hazing to include a phone service through which an individual can anonymously call to report incidents of hazing in that branch of the Armed Forces; and (4)develop and implement a procedure to transfer a member of that branch of the Armed Forces who has been the victim of a substantiated incident of hazing to another unit in such branch of the Armed Forces. (b)

Data collection

The Secretary concerned shall collect and maintain data on each incident of hazing reported, including— (1)the gender, race or ethnicity, sexual orientation, and religion of the victim and perpetrator of the incident of hazing; and (2)whether the Secretary concerned responded to the incident of hazing, and if there was a response, information about such response. (c)

Report

The Secretary concerned shall submit an annual report to Congress on the data collected and maintained under subsection (b).

3.

Military Hazing Prevention Oversight Panel

(a)

Establishment

There is established a panel to be known as the Military Hazing Prevention Oversight Panel (in this Act referred to as the Panel). (b)

Membership

The Panel shall be composed of the following members: (1)The Secretary of the Army or the Secretary’s designee. (2)The Secretary of the Navy or the Secretary’s designee. (3)The Secretary of the Air Force or the Secretary’s designee. (4)The Secretary of Homeland Security (with respect to the Coast Guard) or the Secretary’s designee. (5)Members appointed by the Secretary of Defense from among individuals who are not officers or employees of any government and who have expertise in advocating for— (A)women; (B)racial or ethnic minorities; (C)religious minorities; or (D)gay, lesbian, bisexual, or transgender individuals. (c)

Duties

The Panel shall— (1)make recommendations to the Secretary concerned on the development of the policies, programs, and procedures described in section 2(a); and (2)monitor the policies, programs, and procedures described in section 2(a) and make recommendations to the Secretary concerned, based on the data collected in section 2(b), on ways to improve such policies, programs, and procedures. (d)

Initial Meeting

Not later than 180 days after the date of the enactment of this Act, the Panel shall hold its initial meeting. (e)

Meetings

The Panel shall meet not less than annually.

4.

Definitions

(a)

Hazing

The term hazing means any conduct whereby a member of the Armed Forces, regardless of branch or rank, without proper authority causes another member to suffer, or be exposed to, any activity which is cruel, abusive, humiliating, oppressive, demeaning, or harmful, and includes— (1)soliciting or coercing another individual to perpetrate any such activity; (2)verbal or psychological conduct; and (3)instances in which the victim of such activity gave actual or implied consent. (b)

Secretary concerned

The term Secretary concerned has the meaning given the term in section 101(a) of title 10, United States Code.