Sec. 538. Mandatory notification of members of the Armed Forces identified in certain records of criminal investigations
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Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section: As soon as practicable after the conclusion of a criminal investigation for which a military criminal investigative organization is the lead investigative agency, the head of such organization shall provide, to any member or a former member of the armed forces and reserve components who is designated in the records of the organization as a subject of such investigation, written notice of such designation.
Not later than 180 days after the date of the enactment of this section, the head of each military criminal investigative organization shall provide, to any member or former member of the armed forces and reserve components who is designated after January 1, 2011 in the records of the organization as a subject of a criminal investigation that is closed as of such date, written notice of such designation. Each notice provided under subsection
(a)and
(b)shall include the following information— The date on which the member was designated as a subject of a criminal investigation in the records of the military criminal investigative organization. Identification of each crime for which the member was investigated, including a citation to each provision of chapter 47 of this title (the Uniform Code of Military Justice) that the member was suspected of violating, if applicable. Instructions on how the member may seek removal of the record in accordance with subsection (d). The Secretary of Defense shall— establish a process through which a member of the armed forces and reserve components who receives a notice under subsection
(a)or
(b)may request the removal of the record that is the subject of such notice; and issue uniform guidance, applicable to all military criminal investigative organizations, specifying the conditions under which such a record may be removed. The head of a military criminal investigative organization may waive the notification requirements of this section if such head determines that a notification made pursuant to this section would— endanger any witness or victim of the offense under investigation; disclose the existence of an intelligence or counterintelligence investigation; or compromise or reveal any other on-going criminal investigation. In this section, the term military criminal investigative organization means any organization or element of the Department of Defense or an armed force that is responsible for conducting criminal investigations, including— the Army Criminal Investigation Command; the Naval Criminal Investigative Service; the Air Force Office of Special Investigations; the Coast Guard Investigative Service; and the Defense Criminal Investigative Service. . The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1567b. Mandatory notification of members of the armed forces and reserve components identified in certain records of criminal investigations. .