Page:United States Statutes at Large Volume 115 Part 2.djvu/100

 115 STAT. 1084 PUBLIC LAW 107-107—DEC. 28, 2001 Applicability. 10 USC 628 note. "(3)(A) If, six months after receiving a complete application for consideration by a special selection board under this section in any case, the Secretary concerned has not convened such a board and has not denied consideration by such a board in that case, the Secretary shall be deemed for the purposes of this subsection to have denied the consideration of the case by such a board. "(B) If, six months after the convening of a special selection board under this section in any case, the Secretary concerned has not taken final action on the report of the board, the Secretary shall be deemed for the purposes of this subsection to have denied relief in such case. "(C) Under regulations prescribed under subsection (j), the Secretary of a military department may waive the applicability of subparagraph (A) or (B) in a case if the Secretary determines that a longer period for consideration of the case is warranted. Such a waiver may be for an additional period of not more than six months. The Secretary concerned may not delegate authority to make a determination under this subparagraph. "(h) LIMITATIONS OF OTHER JURISDICTION.— No official or court of the United States may, with respect to a claim based to any extent on the failure of a person to be selected for promotion by a promotion board— "(1) consider the claim unless the person has first been referred by the Secretary concerned to a special selection board convened under this section and acted upon by that board and the report of the board has been approved by the President; or "(2) except as provided in subsection (g), grant any relief on the claim unless the person has been selected for promotion by a special selection board convened under this section to consider the person for recommendation for promotion and the report of the board has been approved by the President, "(i) EXISTING JURISDICTION.— Nothing in this section limits— "(1) the jurisdiction of any court of the United States under any provision of law to determine the validity of any law, regulation, or policy relating to selection boards; or "(2) the authority of the Secretary of a military department to correct a military record under section 1552 of this title, "(j) REGULATIONS.— (1) The Secretary of each military department shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to subsection (g), other than to paragraph (3)(C) of that subsection. "(2) The Secretary may prescribe in the regulations under paragraph (1) the circumstances under which consideration by a special selection board may be provided for under this section, including the following: "(A) The circumstances under which consideration of a person's case by a special selection board is contingent upon application by or for that person. "(B) Any time limits applicable to the filing of an application for such consideration. "(3) Regulations prescribed by the Secretary of a military department under this subsection may not take effect until approved by the Secretary of Defense.". (c) EFFECTIVE DATE.— (1) Except as provided in paragraph (2), the amendments made by this section shall apply with respect

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