10 U.S.C. § 613a — Nondisclosure of board proceedings

submitted 20 years ago by Pub. L. 109-364 to r/title-10-ARMED-FORCES · 171 words · no verdicts yet

in plain englishAI-generated · not legal advice

Selection-board proceedings may not be disclosed outside the board except as needed to process its report. Board discussions and records are protected from legal process and use in proceedings without consent.

(a) Proceedings of boards under sections 573, 611, 628, or 20211 may not be disclosed to nonmembers except as authorized or required to process the report; this is a statutory 5 U.S.C. §552(b)(3) exemption. (b) Discussions, deliberations, and their records are immune from legal process, inadmissible, and unusable in an action or proceeding without the concerned military department Secretary's consent. (c) This applies regardless of when the board convened.

the actual law source: uscode.house.gov ↗public domain

(a)Prohibition on Disclosure.—

The proceedings of a selection board convened under section 573, 611, 628, or 20211 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.

(b)Prohibited Uses of Board Discussions, Deliberations, Notes, 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.

(c)Applicability.—

This section applies to all selection boards convened under section 573, 611, 628, or 20211 of this title, regardless of the date on which the board was convened.

Source credit: (Added Pub. L. 109–364, div. A, title V, § 547(a)(1), Oct. 17, 2006, 120 Stat. 2215; amended Pub. L. 111–383, div. A, title V, § 503(a), Jan. 7, 2011, 124 Stat. 4207; Pub. L. 118–31, div. A, title XVII, § 1722(b)(1), Dec. 22, 2023, 137 Stat. 668.)

history & why it existsrecord from the source credit

2006Enacted · Pub. L. 109-364 · 120 Stat. 2215
2011Amended · Pub. L. 111-383 · 124 Stat. 4207
2023Amended · Pub. L. 118-31 · 137 Stat. 668

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-364 on 2006-10-17.

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