Sec. 557. Treatment of certain records of criminal investigations
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Chapter 79 of title 10, United States Code, is amended by inserting after section 1552 the following new section: The Secretary of Defense shall develop and implement uniform guidance providing for the modification of titling and indexing systems to ensure that a record identifying a member or former member of the Armed Forces as the subject of a criminal investigation is removed from such system if that member or former member is cleared of wrongdoing as described in subsection (b). A member or former member of the Armed Forces who is the subject of a criminal investigation shall be considered to have been cleared of wrongdoing for purposes of subsection
(a)if— an investigation conducted by a defense criminal investigative organization or another Federal or civilian law enforcement agency determines that— no probable cause exists to support that the member or former member is responsible for the alleged offense; or the member or former member was mistakenly identified as a subject; or the reasons specified for the charges for which the member or former member was under investigation are unsupported by probable cause as determined by— a court-martial or other proceeding brought under chapter 47 of this title; or a civilian court. No member of an Armed Force may be involuntarily separated solely for an offense for which the member is cleared of wrongdoing as described in subsection (b). In this section: The term defense criminal investigative organization means— the Army Criminal Investigation Command; the Naval Criminal Investigative Service; the Air Force Office of Special Investigations; the Coast Guard Investigative Service; the Defense Criminal Investigative Service; and any other organization or element of the Department of Defense or an Armed Force that is responsible for conducting criminal investigations. The term indexing means the practice of submitting an individual’s name or other personally identifiable information to the Federal Bureau of Investigation’s Interstate Identification Index, or any successor system. The term titling means the practice of identifying an individual as the subject of a criminal investigation in the records of a military criminal investigative organization and storing such information in a database or other records system. The term titling and indexing system means any database or other records system used by a defense criminal investigative organization for purposes of titling and indexing, including the Defense Central Index of Investigations (commonly known as DCII ). . Not later than 60 days after the date of the enactment of this Act, each Secretary concerned, pursuant to the guidance issued by the Secretary of Defense under section 1552a of title 10, United States Code (as added by subsection (a)), and in consultation with the appropriate Judge Advocate General, shall— review the titling and indexing systems of the defense criminal investigative organizations under the jurisdiction of such Secretary to identify each record in such system that pertains to a member or former member of the Armed Forces who has been cleared of wrongdoing as described in subsection
(b)of such section 1552a; notify the defense criminal investigative organization involved of each record identified under paragraph (1); and direct the head of the organization to remove the record in accordance with subsection (c). The head of a defense criminal investigative organization that receives a notice under subsection (b)(2) with respect to a record in a titling or indexing system shall ensure that the record is removed from such system by not later than 30 days after the date on which the notice is received. The requirements of this section and the amendments made by this section are in addition to any requirements imposed under section 549 of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 1552 note). This section and the amendments made by this section shall supersede any provision of section 549 of that Act that is inconsistent with this section or such amendments, but only to the extent of the inconsistency. In this section: The terms defense criminal investigative organization , indexing , titling , and titling and indexing system have the meanings given those terms in section 1552a(d) of title 10, United States Code (as added by subsection (a)). The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code.
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Sec. 557
Treatment of certain records of criminal investigations
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