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164 officer so recommended. If the President declines to appoint any of the recommended officers, or if the officer nominated cannot be appointed because of advice by the Senate, the Secretary shall convene a board to recommend additional officers. An officer who is recommended but not appointed shall be considered not to have been recommended. This does not affect his eligibility for selection and recommendation for the grade of brigadier general or major general under section 3306 or 3307 of this title. § 3037. Judge Advocate General, Assistant Judge Advocate General, and general officers of Judge Advocate GeneraFs Corps: appointment; duties (a) The President, by and with the advice and consent of the Senate, shall appoint the Judge Advocate General, the Assistant Judge Advocate General, and general officers of the Judge Advocate General's Corps, from officers of the Judge Advocate General's Corps who are recommended by the Secretary of the Army. An officer appointed as the Judge Advocate General or Assistant Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general. (b) The Judge Advocate General 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) The Judge Advocate General, in addition to other duties prescribed by law— (1) is the legal adviser of the Secretary of the Army and of all officers and agencies of the Department of the Army; (2) shall direct the members of the Judge Advocate General's Corps in the performance of their duties; and (3) shall receive, revise, and have recorded the proceedings of courts of inquiry and military commissions. § 3038. Chief of Engineers: additional duties Under the direction of the Secretary of the Army, the Chief of Engineers, in addition to other duties prescribed by law, is responsible for— (1) the direction of the construction, maintenance, and repair of buildings, structures, and utilities for the Army; (2) the acquisition of all real estate and the issue of licenses in connection with Government reservations; and (3) the operation of water, gas, electric, and sewer utilities. However, any utility pertaining exclusively to a branch of the Army may be operated by that branch. § 3039. Inspector General; Provost Marshal General (a) There is an Inspector General in the Army. When directed by the Secretary of the Army or the Chief of Staff, the Inspector General shall inquire into and report upon the discipline, efficiency, and economy of the Army, and shall perform any other duties prescribed by the Secretary, by the Chief of Staff, or by law.
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