I 

109TH CONGRESS 

1ST SESSION H. R. 1735 

To amend title 10, United States Code, to provide that an officer of the 

Army or Air Force on the active-duty list may not be promoted to 

brigadier general unless the officer has had a duty assignment of at 

least one year involving the administration of the National Guard or 

Reserves. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2005 

Ms. HOOLEY introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to provide that 

an officer of the Army or Air Force on the activeduty list may not be promoted to brigadier general unless 

the officer has had a duty assignment of at least one 

year involving the administration of the National Guard 

or Reserves. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. GUARD OR RESERVE DUTY ASSIGNMENT RE2 QUIRED AS CONDITION OF PROMOTION OF 

3 ARMY AND AIR FORCE OFFICERS TO BRIGA4 DIER GENERAL. 

5 (a) IN GENERAL.—Chapter 36 of title 10, is amended 

6 by inserting after section 619a the following new section: 

7 ‘‘§ 619b. Eligibility for consideration for promotion: 

8 Army and Air Force officers; Guard or 

9 Reserve duty required before promotion 

10 to brigadier general; exceptions 

11 ‘‘(a) GENERAL RULE.—After the end of the one-year 

12 period beginning on the date of the enactment of this sec13 tion, an officer on the active-duty list of the Army or Air 

14 Force may not be appointed to the grade of brigadier gen15 eral unless the officer has completed a tour of duty of at 

16 least one year in a Guard or Reserve duty assignment. 

17 ‘‘(b) EXCEPTIONS.—Subject to subsection (c), the 

18 Secretary of Defense may waive subsection (a) in the fol19 lowing circumstances: 

20 ‘‘(1) When necessary for the good of the serv21 ice. 

22 ‘‘(2) In the case of an officer whose proposed 

23 selection for promotion is based primarily upon sci24 entific and technical qualifications for which Guard 

25 or Reserve requirements do not exist. 

26 ‘‘(3) In the case of— 
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1 ‘‘(A) a medical officer, dental officer, vet2 erinary officer, medical service officer, nurse, or 

3 biomedical science officer; 

4 ‘‘(B) a chaplain; or 

5 ‘‘(C) a judge advocate. 

6 ‘‘(4) In the case of an officer selected by a pro7 motion board for appointment to the grade of briga8 dier general while serving in a Guard or Reserve 

9 duty assignment if at least 180 days of that assign10 ment have been completed on the date of the con11 vening of that selection board. 

12 ‘‘(c) REGULATIONS.—The Secretary of Defense shall 

13 prescribe regulations to carry out this section. The regula14 tions shall specifically identify for purposes of subsection 

15 (b)(2) those categories of officers for which selection for 

16 promotion to brigadier general is based primarily upon sci17 entific and technical qualifications for which Guard or Re18 serve requirements do not exist. 

19 ‘‘(d) GUARD OR RESERVE DUTY ASSIGNMENT DE20 FINED.—In this section, the term ‘Guard or Reserve duty 

21 assignment’ means an assignment involving the orga22 nizing, administering, recruiting, instructing, or training 

23 the reserve components, other than an assignment to a 

24 Reserve Officers Training Corps unit.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of subchapter II of such chapter is 

3 amended by inserting after the item relating to section 

4 619a the following new item: 

‘‘619b. Eligibility for consideration for promotion: Army and Air Force officers; 

Guard or Reserve duty required before promotion to brigadier 

general; exceptions.’’. 

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