MODIFICATION OF AUTHORITIES ON SENIOR MEMBERS OF THE JUDGE ADVOCATE GENERALS’ CORPS.

SEC. 543. MODIFICATION OF AUTHORITIES ON SENIOR MEMBERS OF THE JUDGE ADVOCATE GENERALS’ CORPS.(a) Department of the Army.—(1) Grade of judge advocate general.—Subsection (a) of section 3037 of title 10, United States Code, is amended by striking the third sentence and inserting the following new sentence: “The Judge Advocate General, while so serving, has the grade of lieutenant general.”.(2) Redesignation of assistant judge advocate general as deputy judge advocate general.—Such section is further amended—(A) in subsection (a), by striking “Assistant Judge Advocate General” each place it appears and inserting “Deputy Judge Advocate General”; and(B) in subsection (d), by striking “Assistant Judge Advocate General” and inserting “Deputy Judge Advocate General”.(3) Clerical amendments.—(A) The heading of such section is amended to read as follows:122 STAT. 115 “§ 3037. Judge Advocate General, Deputy Judge Advocate General, and general officers of Judge Advocate General’s Corps: appointment; duties” .(B) The table of sections at the beginning of chapter 305 of such title is amended by striking the item relating to section 3037 and inserting the following new item: “3037. Judge Advocate General, Deputy Judge Advocate General, and general officers of Judge Advocate General’s Corps: appointment; duties.”. (b) Grade of Judge Advocate General of the Navy.—Section 5148(b) of such title is amended by striking the last sentence and inserting the following new sentence: “The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.”.(c) Grade of Judge Advocate General of the Air Force.—Section 8037(a) of such title is amended by striking the last sentence and inserting the following new sentence: “The Judge Advocate General, while so serving, has the grade of lieutenant general.”.(d) Increase in Number of Officers Serving in Grades Above Major General and Rear Admiral.—Section 525(b) of such title is amended in paragraphs (1) and (2)(A) by striking “15.7 percent” each place it appears and inserting “16.3 percent”.(e) Legal Counsel to Chairman of the Joint Chiefs of Staff.—(1) In general.—Chapter 5 of title 10, United States Code, is amended by adding at the end the following new section:“§ 156. Legal Counsel to the Chairman of the Joint Chiefs of Staff“(a) In General.—There is a Legal Counsel to the Chairman of the Joint Chiefs of Staff.“(b) Selection for Appointment.—Under regulations prescribed by the Secretary of Defense, the officer selected for appointment to serve as Legal Counsel to the Chairman of the Joint Chiefs of Staff shall be recommended by a board of officers convened by the Secretary of Defense that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.“(c) Grade.—An officer appointed to serve as Legal Counsel to the Chairman of the Joint Chiefs of Staff shall, while so serving, hold the grade of brigadier general or rear admiral (lower half).“(d) Duties.—The Legal Counsel of the Chairman of the Joint Chiefs of Staff shall perform such legal duties in support of the responsibilities of the Chairman of the Joint Chiefs of Staff as the Chairman may prescribe.” .(2) Clerical amendment.—The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new item: “156. Legal Counsel to the Chairman of the Joint Chiefs of Staff”. (f) Strategic Plan to Link General and Flag Officer Numbers, Assignments, and Development to the Missions and Requirements of the Department of Defense.—(1) Strategic plan required.—The Secretary of Defense shall develop a strategic plan linking the missions and requirements of the Department of Defense for general and flag officers to the statutory limits on the numbers of general and flag 122 STAT. 116 officers, and current assignment, promotion, and joint officer development policies for general and flag officers.(2) Advice of chairman of joint chiefs of staff.—The Secretary shall develop the strategic plan required under paragraph (1) with the advice of the Chairman of the Joint Chiefs of Staff.(3) Matters to be included.—The strategic plan required under paragraph (1) shall include the following:(A) A description of the process for identification of the present and emerging requirements for general and flag officers and recommendations for meeting these requirements.(B) Identification of the numbers of general and flag officers by service, grade, and qualifications currently available compared with the numbers needed to meet existing statutory requirements in support of the overall missions of the Department of Defense.(C) An assessment of the problems or issues (and proposed solutions for any such problems or issues) arising from existing numerical limitations on the number and grade distribution of active and reserve component general and flag officers under sections 525, 526, and 12004 of title 10, United States Code.(D) A discussion of how wartime requirements for additional general or flag officers have been addressed in support of Operation Enduring Freedom and Operation Iraqi Freedom, including the usage of wartime or national emergency authorities.(E) An assessment of any problems or issues (and proposed solutions for any such problems or issues) arising from existing statutory provisions regarding general and flag officer assignments and grade requirements and the need, if any, for revision of provisions in title 10, United States Code, specific to individual general and flag officer positions along with recommendations to mitigate the need for routine legislative intervention as positions change to support organizational demands.(F) An assessment of the use currently being made of reserve component flag and general officers and discussion of barriers to the qualification, selection, and assignment of National Guard and Reserve officers for the broadest possible range of positions of importance and responsibility.(4) Deadline for submission.—The Secretary shall submit the plan required under paragraph (1) to the Committees on Armed Services of the Senate and the House of Representatives not later than March 1, 2009.