Page:United States Statutes at Large Volume 118.djvu/1953

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118 STAT. 1923 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(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 des ignated 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 uni formed 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 attor neys, and other legal personnel practicing under their cog nizance 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 Deadline. Reports. Establishment.