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.
| Department | Claims |
|---|---|
| Dept. of Defense | 5.0 |
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.''