To clarify the authorities of Judge Advocates General.

SA 3326. Mr. GRAHAM of South Carolina submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:

On page 221, between the matter following line 17 and line 18, insert the following:

SEC. 915. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.

(a) Department of the Army.--(1) Section 3019(b) of title 10, United States Code, is amended by striking “The General Counsel” and inserting “Subject to sections 806 and 3037 of this title, the General Counsel”.

(2)(A) Section 3037 of such title is amended to read as follows:

“Sec. 3037. Judge Advocate General, Assistant Judge Advocate

General: appointment; duties

“(a) Position of Judge Advocate General.--There is a Judge Advocate General in the Army, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Judge Advocate General's Corps. The term of office is four years, but may be sooner terminated or extended by the President. An appointee who holds a lower regular grade shall be appointed in the regular grade of lieutenant general.

“(b) Appointment.--The Judge Advocate General of the Army shall be appointed from those officers who at the time of appointment are members of the bar of a Federal court or the highest court of a State or Territory, and who have had at least eight years of experience in legal duties as commissioned officers.

“(c) Duties.--The Judge Advocate General, in addition to other duties prescribed by law--

“(1) is the legal adviser of the Secretary of the Army, the Chief of Staff of the Army, and the Army Staff, and of all officers and agencies of the Department of the Army;

“(2) shall direct and supervise the members of the Judge Advocate General's Corps and civilian attorneys employed by the Department of the Army (other than those assigned or detailed to the Office of the General Counsel of the Army) in the performance of their duties;

“(3) shall direct and supervise the performance of duties under chapter 47 of this title (the Uniform Code of Military Justice) by any member of the Army;

“(4) shall receive, revise, and have recorded the proceedings of courts of inquiry and military commissions; and

“(5) shall perform such other legal duties as may be directed by the Secretary of the Army.

“(d) Position of Assistant Judge Advocate General.--There is an Assistant Judge Advocate General in the Army, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Army who have the qualifications prescribed in subsection (b) for the Judge Advocate General. The term of office of the Assistant Judge Advocate General is four years, but may be sooner terminated or extended by the President. An officer appointed as Assistant Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.

“(e) Appointments Recommended by Selection Boards.--Under regulations prescribed by the Secretary of Defense, the Secretary of the Army, in selecting an officer for recommendation to the President under subsection (a) for appointment as the Judge Advocate General or under subsection (d) for appointment as the Assistant Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.”.

(B) The item relating to such section in the table of sections at the beginning of chapter 305 of such title is amended to read as follows:

“3037. Judge Advocate General, Assistant Judge Advocate General: appointment; duties.”.

(b) Department of the Navy.--(1) Section 5019(b) of title 10, United States Code, is amended by striking “The General Counsel” and inserting “Subject to sections 806 and 5148 of this title, the General Counsel”.

(2) Section 5148 of such title is amended--

(A) in subsection (b), by striking the fourth sentence and inserting the following: “The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.”; and

(B) in subsection (d)--

(i) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and

(ii) by inserting after paragraph (1) the following new paragraph (2):

“(2) direct and supervise the members of the Judge Advocate General's Corps in the performance of their duties;”.

(c) Department of the Air Force.--(1) Section 8019(b) of title 10, United States Code, is amended by striking “The General Counsel” and inserting “Subject to sections 806 and 8037 of this title, the General Counsel”.

(2) Section 8037 of such title is amended--

(A) in subsection (a), by striking the third sentence and inserting the following: “The Judge Advocate General, while so serving, has the grade of lieutenant general.”; and

(B) in subsection (c)--

(i) by striking “General shall,” in the matter preceding paragraph (1) and inserting “General,”;

(ii) by redesignating paragraphs (1) and (2) as paragraphs (4) and (5), respectively, and, in each such paragraph, by inserting “shall” before the first word; and

(iii) by inserting after paragraph (1) the following new paragraphs:

“(1) is the legal adviser of the Secretary of the Air Force, the Chief of Staff of the Air Force, and the Air Staff, and of all officers and agencies of the Department of the Air Force;

“(2) shall direct and supervise the members of the Air Force designated as judge advocates and civilian attorneys employed by the Department of the Air Force (other than those assigned or detailed to the Office of the General Counsel of the Air Force) in the performance of their duties;

“(3) shall direct and supervise the performance of duties under chapter 47 of this title (the Uniform Code of Military Justice) by any member of the Air Force;”.

(d) Exclusion From Limitation on General and Flag Officer Distribution.--Section 525(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(9) An officer while serving as the Judge Advocate General of the Army, the Judge Advocate General of the Navy, or the Judge Advocate General of the Air Force is in addition to the number that would otherwise be permitted for that officer's armed force for officers serving on active duty in grades above major general or rear admiral under paragraph (1) or (2), as the case may be.”.