Page:United States Statutes at Large Volume 124.djvu/4233

124 STAT. 4207 PUBLIC LAW 111–383—JAN. 7, 2011 ‘‘(A) will be performing duties consisting primarily of pro- viding patient care or performing other clinical duties; or ‘‘(B) is in a category of officers designated under subpara- graph (D) of paragraph (2) whose duties will consist primarily of the duties described in clause (i), (ii), or (iii) of such subpara- graph.’’. SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OFFICERS IN THE GRADE OF W–1 BY COMMISSION AND STANDARDIZA- TION OF WARRANT OFFICER APPOINTING AUTHORITY. (a) REGULAR OFFICERS.— (1) AUTHORITY FOR APPOINTMENTS BY COMMISSION IN WAR- RANT OFFICER W–1 GRADE.—The first sentence of section 571(b) of title 10, United States Code, is amended by striking ‘‘by the Secretary concerned’’ and inserting ‘‘, except that with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary concerned may provide by regulation that appointments in that grade in that armed force shall be made by commission’’. (2) APPOINTING AUTHORITY.—The second sentence of such section is amended by inserting before the period at the end the following: ‘‘, and appointments (whether by warrant or commission) in the grade of regular warrant officer, W–1, shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary concerned’’. (b) RESERVE OFFICERS.—Subsection (b) of section 12241 of such title is amended to read as follows: ‘‘(b) Appointments in permanent reserve warrant officer grades shall be made in the same manner as is prescribed for regular warrant officer grades by section 571(b) of this title.’’. (c) PRESIDENTIAL FUNCTIONS.—Except as otherwise provided by the President by Executive order, the provisions of Executive Order 13384 (10 U.S.C. 531 note) relating to the functions of the President under the second sentence of section 571(b) of title 10, United States Code, shall apply in the same manner to the functions of the President under section 12241(b) of title 10, United States Code. SEC. 503. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS, DELIBERATIONS, NOTES, AND RECORDS OF SPECIAL SELECTION BOARDS. (a) NONDISCLOSURE OF BOARD PROCEEDINGS.—Section 613a of title 10, United States Code, is amended— (1) by striking subsection (a) and inserting the following new subsection: ‘‘(a) PROHIBITION ON DISCLOSURE.—The proceedings of a selec- tion 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.’’; (2) in subsection (b), by striking ‘‘AND RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; and (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.’’. Applicability. 10 USC 12241 note. President.