Sec. 549. REVIEW OF TITLING AND INDEXING PRACTICES OF THE ARMY AND CERTAIN OTHER ORGANIZATIONS
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## SEC. 549 REVIEW OF TITLING AND INDEXING PRACTICES OF THE ARMY AND CERTAIN OTHER ORGANIZATIONS **[**[10 U.S.C. 1552 note](/us/usc/t10/s1552)**]** ###
(a)Review of Titling an Indexing Decisions Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall review the case file of each member or former member of the Army, the Army Reserve, or the Army National Guard who was titled or indexed in connection with the Guard Recruiting Assistance Program, the Army Reserve Recruiting Assistance Program, or any related activity to determine the appropriateness of the titling or indexing decision that was made with respect to such member or former member. ###
(b)Factors to Be Considered In reviewing a titling or indexing decision under subsection (a), the Secretary of the Army shall consider— ####
(1)the likelihood that the member or former member to whom the decision pertains will face future criminal prosecution or other adverse action on the basis of the facts in the record at the time of the review; ####
(2)the appropriate evidentiary standard to apply to the review of the decision; and ####
(3)such other circumstances or factors as the Secretary determines are in the interest of equity and fairness. ###
(c)Notification and Appeal ####
(1)In general Upon the completion of each review under subsection (a), the Secretary of the Army shall notify the member or former member concerned of such review, the disposition of the relevant instance of titling or indexing, and the mechanisms the member or former member may pursue to seek correction, removal, or expungement of that instance of titling or indexing. ####
(2)Notification of next of kin In a case in which a member or former member required to be notified under paragraph
(1)is deceased, the Secretary of the Army shall provide the notice required under such paragraph to the primary next of kin of the member or former member. ###
(d)Actions by the Secretary of the Army If the Secretary of the Army determines that correction, removal, or expungement of an instance of titling or indexing is appropriate after considering the factors under subsection (b), the Secretary of the Army may request that the name, personally identifying information, and other information relating to the individual to whom the titling or indexing pertains be corrected in, removed from, or expunged from, the following: ####
(1)A law enforcement or criminal investigative report of the Department of Defense or any component of the Department. ####
(2)An index item or entry in the Department of Defense Central Index of Investigations (DCII). ####
(3)Any other record maintained in connection with a report described in paragraph (1), or an index item or entry described in paragraph (2), in any system of records, records database, records center, or repository maintained by or on behalf of the Department, including entries in the Federal Bureau of Investigation’s Interstate Identification Index or any successor system. ###
(e)Report of Secretary of the Army Not later than 180 days after the completion of the review required by subsection (a), the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review. The report shall include the following: ####
(1)The total number of instances of titling and indexing reviewed under such subsection. ####
(2)The number of cases in which action was taken to correct, remove, or expunge an instance of titling or indexing. ####
(3)The number of members and former members who remain titled after the conclusion of the review. ####
(4)The number of members and former members who remain indexed after the conclusion of the review. ####
(5)A brief description of the reasons the members and former members counted under paragraphs
(3)and
(4)remain titled or indexed. ####
(6)Such other matters as the Secretary determines appropriate. ###
(f)Secretary of Defense Review and Report ####
(1)Review The Secretary of Defense shall conduct a review the titling and indexing practices of the criminal investigative organizations of the Armed Forces. Such review shall include— #####
(A)an assessment of the practices of titling and indexing and the continued relevance of such practices to the operation of such criminal investigative organizations; #####
(B)an evaluation of the suitability of the evidentiary requirements and related practices for titling and indexing in effect at the time of the review; and #####
(C)the development of recommendations, as appropriate, to improve the consistency, accuracy, and utility of the titling and indexing processes across such criminal investigative organizations. ####
(2)Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under paragraph (1). ###
(g)Definitions In this section: ####
(1)The term “titling” means the practice of identifying an individual as the subject of a criminal investigation the records of a military criminal investigative organization and storing such information in a database or other records system. ####
(2)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.
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Sec. 549
REVIEW OF TITLING AND INDEXING PRACTICES OF THE ARMY AND CERTAIN OTHER ORGANIZATIONS
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