10 USC 613a(a): Proceedings of Promotion Selection Boards
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
TITLE 10--ARMED FORCES Subtitle A--General Military Law PART II--PERSONNEL CHAPTER 36--PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST SUBCHAPTER I--SELECTION BOARDS
Sec. 613a. Nondisclosure of board proceedings
(a) Nondisclosure.--The proceedings of a selection board convened under section 611 this title may not be disclosed to any person not a member of the board. (b) Prohibited Uses of Board Discussions, Deliberations, and Records.--The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations-- (1) are immune from legal process; (2) may not be admitted as evidence; and (3) may not be used for any purpose in any action, suit, or judicial or administrative proceeding without the consent of the Secretary of the military department concerned. (Added Pub. L. 109-364, div. A, title V, Sec. 547(a)(1), Oct. 17, 2006, 120 Stat. 2215.) Effective Date Pub. L. 109-364, div. A, title V, Sec. 547(c), Oct. 17, 2006, 120 Stat. 2216, provided that: ``Section 613a of title 10, United States Code, as added by subsection (a), shall apply with respect to the proceedings of all selection boards convened under section 611 of that title, including selection boards convened before the date of the enactment of this Act [Oct. 17, 2006]. Section 14104 of such title, as amended by subsection (b), shall apply with respect to the proceedings of all selection boards convened under section 14101 of that title, including selection boards convened before the date of the enactment of this Act.''