§ 613a. Nondisclosure of board proceedings

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 div. A title V § 547(a)(1) · 120 Stat. 2083

   Enacted · 10 U.S.C. § 613a

   Added Pub. L. 109–364, div. A, title V, § 547(a)(1), Oct. 17, 2006, 120 Stat. 2215

   Source evidence

   Code source credit
   Added Pub. L. 109–364, div. A, title V, § 547(a)(1), Oct. 17, 2006, 120 Stat. 2215

   Enacted provision · exact public law section
   (1) Extension to all active-duty boards.— Chapter 36 of title 10, United States Code, is amended by inserting after section 613 the following new section: “§ 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.” .

2. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 § 503(a)(1) · 124 Stat. 4137

   1. Added · 10 U.S.C. § 613a(a)

      Pub. L. 111–383, § 503(a)(1), added subsec. (a)

   2. Struck · 10 U.S.C. § 613a(a)

      Pub. L. 111–383, § 503(a)(1), struck out former subsec. (a). Prior to amendment, text read as follows: “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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–383, § 503(a)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “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.”

   Enacted provision · exact public law section
   (1) by striking subsection (a) and inserting the following new subsection: “(a) Prohibition on Disclosure.— The proceedings of a selection board convened under section 573, 611, or 628 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.” ;

3. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 § 503(a)(2) · 124 Stat. 4137

   Substituted · 10 U.S.C. § 613a(b)

   Pub. L. 111–383, § 503(a)(2), substituted “Notes, and Records” for “and Records” in heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–383, § 503(a)(2), substituted “Notes, and Records” for “and Records” in heading.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “and Records” and inserting “Notes, and Records”; and

4. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 § 503(a)(3) · 124 Stat. 4137

   Added · 10 U.S.C. § 613a(c)

   Pub. L. 111–383, § 503(a)(3), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–383, § 503(a)(3), added subsec. (c).

   Enacted provision · exact public law section
   (3) by adding at the end the following new subsection: “(c) Applicability.— This section applies to all selection boards convened under section 573, 611, or 628 of this title, regardless of the date on which the board was convened.” .

5. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 div. A title XVII § 1722(b)(1) · 137 Stat. 136

   Substituted · 10 U.S.C. § 613a(a); 10 U.S.C. § 613a(c)

   Pub. L. 118–31 substituted “573, 611, 628, or 20211” for “573, 611, or 628”

   Source evidence

   Code amendment note
   Subsecs. (a), (c). Pub. L. 118–31 substituted “573, 611, 628, or 20211” for “573, 611, or 628”.

   Enacted provision · exact public law section
   (1) Nondisclosure of board proceedings.— Section 613a is amended by striking “573, 611, or 628” and inserting “573, 611, 628, or 20211” in subsections (a) and (c).

6 of 6 references resolved to an enrolled provision