Page:United States Statutes at Large Volume 105 Part 2.djvu/405

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1357 (2)(A) The heading for section 614 of such title is amended by striking out "; communications with boards". (B) The item relating to such section in the table of sections at the beginning of subchapter I of chapter 36 of such title is amended by striking out "; communications with boards". (b) DISCLOSURE OF BOARD RECOMMENDATIONS. —Section 616 of such title is amended by adding at the end the following new subsections: "(e) The recommendations of a selection board may be disclosed only in accordance with regulations prescribed by the Secretary of Defense. Those recommendations may not be disclosed to a person not a member of the board (or a member of the administrative staff designated by the Secretary concerned to assist the board) until the written report of the recommendations of the board, required by section 617 of this title, is signed by each member of the board. "(f) The Secretary convening a selection board under section 611(a) of this title, and an officer or other official exercising authority over any member of a selection board, may not— "(1) censure, reprimand, or admonish the selection board or any member of the board with respect to the recommendations of the board or the exercise of any lawful function within the authorized discretion of the board; or "(2) attempt to coerce or, by any unauthorized means, influence any action of a selection board or any member of a selection board in the formulation of the board's recommendations.". (c) RECOMMENDATIONS FOR REMOVAL OF SELECTED OFFICERS FROM REPORT. —Section 618 of such title is amended by adding at the end the following new subsection: "(g) If the Secretary of a military department or the Secretary of Defense makes a recommendation under this section that the name of an officer be removed from a report of a selection board and the recommendation is accompanied by information that was not presented to that selection board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible officer cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable, be provided with an appropriate summary of the information.". (d) SCREENING OF OFFICERS FOR CONSIDERATION BY SELECTION BOARDS.— Section 619(c) of such title is amended— (1) in paragraph (2)— (A) by striking out subparagraph (A) and inserting in lieu thereof the following: "(A) may, in accordance with standards and procedures pre- Regulations. scribed by the Secretary of Defense in regulations which shall apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion;"; (B) by striking out subparagraph (B); and (C) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (2) by adding at the end the following new paragraph: "(3)(A) The Secretary of Defense may authorize the Secretaries of the military departments to preclude from consideration by selec-

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