II 112th CONGRESS 2d Session S. 3180 IN THE SENATE OF THE UNITED STATES May 15, 2012 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Department of Defense to develop a plan to track and respond to incidents of hazing in the Armed Forces.

1.

Plan to track and respond to hazing incidents in the Armed Forces

(a)

Plan and briefing required

Not later than May 1, 2013, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing and plan that outlines efforts by the Department of Defense— (1)to prevent the hazing of members of the Armed Forces by other members of the Armed Forces; (2)to provide training on the prevention of hazing to members of the Armed Forces; (3)to improve methods of reporting incidents of hazing in the Armed Forces, including anonymous reporting procedures; and (4)to respond to and resolve alleged hazing incidents involving members of the Armed Forces, including the prosecution of offenders through the use of punitive articles under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (b)

Database

The plan required by subsection (a) shall include the establishment of a database for the purpose of improving the ability of the Department of Defense— (1)to determine the extent to which hazing incidents involving members of the Armed Forces are occurring and the nature of such hazing incidents; and (2)to track, respond to, and resolve hazing incidents involving members of the Armed Forces. (c)

Recommendations

As part of the briefing required by subsection (a), the Secretary of Defense shall provide the following: (1)Recommendations for a universal definition of hazing to be used by all the Armed Forces. (2)Such recommendations for changes to the Uniform Code of Military Justice and the Manual for Courts-Martial as the Secretary considers necessary to improve the prosecution of hazing incidents. (d)

Consultation

The Secretary of Defense shall prepare the plan, database, and recommendations required by this section in consultation with the Secretaries of the military departments. (e)

Hazing described

For purposes of carrying out this section, the Secretary of Defense shall use the definition of hazing contained in the August 28, 1997, Secretary of Defense Policy Memorandum, which defined hazing as 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. Soliciting or coercing another person to perpetrate any such activity is also considered hazing. Hazing need not involve physical contact among or between members of the Armed Forces. Hazing can be verbal or psychological in nature.