Sec. 545. REMOVAL OF PERSONALLY IDENTIFYING AND OTHER INFORMATION OF CERTAIN PERSONS FROM THE DEPARTMENT OF DEFENSE CENTRAL INDEX OF INVESTIGATIONS
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## SEC. 545 REMOVAL OF PERSONALLY IDENTIFYING AND OTHER INFORMATION OF CERTAIN PERSONS FROM THE DEPARTMENT OF DEFENSE CENTRAL INDEX OF INVESTIGATIONS **[**[10 U.S.C. 1552 note](/us/usc/t10/s1552)**]** ###
(a)Policy and Process Required Not later than October 1, 2025, the Secretary of Defense shall establish and maintain a policy and process through which any covered person may request that the person’s name, personally identifying information, and other information pertaining to the person shall, in accordance with subsection (c), be corrected in, or expunged or otherwise removed from, an index item or entry in the Department of Defense Central Index of Investigations. ###
(b)Covered Persons For purposes of this section, a covered person is any person whose name was placed or reported, or is maintained, as an item or entry in the Department of Defense Central Index of Investigations. ###
(c)Elements The policy and process required by subsection
(a)shall include the following elements: ####
(1)Basis for correction or expungement That the name, personally identifying information, and other information of a covered person shall be corrected in, or expunged or otherwise removed from, an index item or entry in the Department of Defense Central Index of Investigations in the following circumstances: #####
(A)Probable cause did not or does not exist to believe that the offense for which the person’s name was placed or reported, or is maintained, in such item or entry occurred, or insufficient evidence existed or exists to determine whether or not such offense occurred. #####
(B)Probable cause did not or does not exist to believe that the person actually committed the offense for which the person’s name was so placed or reported, or is so maintained, or insufficient evidence existed or exists to determine whether or not the person actually committed such offense. #####
(C)Such other circumstances, or on such other bases, as the Secretary may specify in establishing the policy and process, which circumstances and bases may not be inconsistent with the circumstances and bases provided by subparagraphs
(A)and (B). ####
(2)Considerations While not dispositive as to the existence of a circumstance or basis set forth in paragraph (1), the following shall be considered in the determination whether such circumstance or basis applies to a covered person for purposes of this section: #####
(A)The extent or lack of corroborating evidence against the covered person concerned with respect to the offense at issue. #####
(B)Whether adverse administrative, disciplinary, judicial, or other such action was initiated against the covered person for the offense at issue. #####
(C)The type, nature, and outcome of any action described in subparagraph
(B)against the covered person. ####
(3)Procedures The policy and process required by subsection
(a)shall include procedures as follows: #####
(A)Procedures under which a covered person may appeal a determination of the applicable component of the Department of Defense denying, whether in whole or in part, a request for purposes of subsection (a). #####
(B)Procedures under which the applicable component of the Department will correct, expunge or remove, take other appropriate action on, or assist a covered person in so doing, any record maintained by a person, organization, or entity outside of the Department to which such component provided, submitted, or transmitted information about the covered person, which information has or will be corrected in, or expunged or removed from, Department records pursuant to this section. #####
(C)The timeline pursuant to which the Department, or a component of the Department, as applicable, will respond to each of the following: ######
(i)A request pursuant to subsection (a). ######
(ii)An appeal under the procedures required by subparagraph (A). ######
(iii)A request for assistance under the procedures required by subparagraph (B). #####
(D)Mechanisms through which the Department will keep a covered person apprised of the progress of the Department on a covered person’s request or appeal as described in subparagraph (C). ###
(d)Applicability The policy and process required to be developed by the Secretary under subsection
(a)shall not be subject to the notice and comment rulemaking requirements under section 553 of title 5, United States Code. ###
(e)Report Not later than October 1, 2021, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the actions taken to carry out this section, including a comprehensive description of the policy and process developed and implemented by the Secretary under subsection (a).
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Sec. 545
REMOVAL OF PERSONALLY IDENTIFYING AND OTHER INFORMATION OF CERTAIN PERSONS FROM THE DEPARTMENT OF DEFENSE CENTRAL INDEX OF INVESTIGATIONS
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