AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.

SEC. 574. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.(a) Department of the Army.—Section 3037 of title 10, United States Code, is amended—(1) in subsection (a), by striking the second and third sentences and inserting “The term of office of the Judge Advocate General and the Assistant Judge Advocate General is four years.”; and(2) by adding at the end the following new subsection:118 STAT. 1922 “(e) No officer or employee of the Department of Defense may interfere with—“(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Army or the Chief of Staff of the Army; or“(2) the ability of judge advocates of the Army assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.”.(b) Department of the Navy.—(1) Section 5148 of such title is amended by adding at the end the following new subsection:“(e) No officer or employee of the Department of Defense may interfere with—“(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Navy or the Chief of Naval Operations; or“(2) the ability of judge advocates of the Navy assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.”.(2) Section 5046 of such title is amended by adding at the end the following new subsection:“(c) No officer or employee of the Department of Defense may interfere with—“(1) the ability of the Staff Judge Advocate to the Commandant of the Marine Corps to give independent legal advice to the Commandant of the Marine Corps; or“(2) the ability of judge advocates of the Marine Corps assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.”.(c) Department of the Air Force.—Section 8037 of title 10, United States Code, is amended—(1) in subsection (a), by striking “, but may be” in the second sentence and all that follows in that sentence through “President”; (2) in subsection (c)—(A) by striking “shall” in the matter preceding paragraph (1);(B) by striking paragraph (2);(C) by redesignating paragraph (1) as paragraph (3) and in that paragraph—(i) inserting “shall” before “receive,”; and(ii) by striking “; and” at the end and inserting a period; and(D) by inserting before paragraph (3), as so redesignated, the following new paragraphs:“(1) is the legal adviser of the Secretary of the Air Force and of all officers and agencies of the Department of the Air Force; “(2) shall direct the officers of the Air Force designated as judge advocates in the performance of their duties; and”;(3) in subsection (d)(1), by striking “, but may be” in the second sentence and all that follows in that sentence through “President”; and(4) by adding at the end the following new subsection:“(f) No officer or employee of the Department of Defense may interfere with—118 STAT. 1923“(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Air Force or the Chief of Staff of the Air Force; or“(2) the ability of officers of the Air Force who are designated as judge advocates who are assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.”.(d) Independent Review.—(1) The Secretary of Defense shall establish an independent panel of outside experts to conduct a study and review of the relationships between the legal elements of each of the military departments and to prepare a report setting forth the panel’s recommendations as to statutory, regulatory, and policy changes that the panel considers to be desirable to improve the effectiveness of those relationships and to enhance the legal support provided to the leadership of each military department and each of the Armed Forces.(2) The panel shall be composed of seven members, appointed by the Secretary of Defense from among private United States citizens who have substantial expertise in military law and the organization and functioning of the military departments. No more than one member of the panel may have served as the Judge Advocate General of an Armed Force, and no more than one member of the panel may have served as the General Counsel of a military department.(3) The Secretary of Defense shall designate the chairman of the panel from among the members of the panel other than a member who has served as a Judge Advocate General or as a military department General Counsel.(4) Members shall be appointed for the life of the panel. Any vacancy in the panel shall be filled in the same manner as the original appointment.(5) The panel shall meet at the call of the chairman.(6) All original appointments to the panel shall be made by January 15, 2005. The chairman shall convene the first meeting of the panel not later than February 1, 2005.(7) In carrying out the study and review required by paragraph (1), the panel shall—(A) review the history of relationships between the uniformed and civilian legal elements of each of the Armed Forces;(B) analyze the division of duties and responsibilities between those elements in each of the Armed Forces;(C) review the situation with respect to civilian attorneys outside the offices of the service general counsels and their relationships to the Judge Advocates General and the General Counsels;(D) consider whether the ability of judge advocates to give independent, professional legal advice to their service staffs and to commanders at all levels in the field is adequately provided for by policy and law; and(E) consider whether the Judge Advocates General and General Counsels possess the necessary authority to exercise professional supervision over judge advocates, civilian attorneys, and other legal personnel practicing under their cognizance in the performance of their duties.(8) Not later than April 15, 2005, the panel shall submit a report on the study and review required by paragraph (1) to the Secretary of Defense. The report shall include the findings and 118 STAT. 1924 conclusions of the panel as a result of the study and review, together with any recommendations for legislative or administrative action that the panel considers appropriate. The Secretary of Defense shall transmit the report, together with any comments the Secretary wishes to provide, to the Committees on Armed Services of the Senate and House of Representatives not later than May 1, 2005.(9) In this section, the term “Armed Forces” does not include the Coast Guard.