I 

108TH CONGRESS 

2D SESSION H. R. 4630

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 

JUNE 21, 2004

Ms. HOOLEY of Oregon 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, United 

6 States Code, is amended by inserting after section 619a 

7 the following new section: 

8 ‘‘§ 619b. Eligibility for consideration for promotion: 

9 Army and Air Force officers; Guard or 

10 Reserve duty required before promotion 

11 to brigadier general; exceptions 

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

13 period beginning on the date of the enactment of this sec14 tion, an officer on the active-duty list of the Army or Air 

15 Force may not be appointed to the grade of brigadier gen16 eral unless the officer has completed a tour of duty of at 

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

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

19 Secretary of Defense may waive subsection (a) in the fol20 lowing circumstances: 

21 ‘‘(1) When necessary for the good of the serv22 ice. 

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

24 selection for promotion is based primarily upon sci25 entific and technical qualifications for which Guard 

26 or Reserve requirements do not exist. 
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1 ‘‘(3) In the case of—

2 ‘‘(A) a medical officer, dental officer, vet3 erinary officer, medical service officer, nurse, or 

4 biomedical science officer; 

5 ‘‘(B) a chaplain; or 

6 ‘‘(C) a judge advocate. 

7 ‘‘(4) In the case of an officer selected by a pro8 motion board for appointment to the grade of briga9 dier general while serving in a Guard or Reserve 

10 duty assignment if at least 180 days of that assign11 ment have been completed on the date of the con12 vening of that selection board. 

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

14 prescribe regulations to carry out this section. The regula15 tions shall specifically identify for purposes of subsection 

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

17 promotion to brigadier general is based primarily upon sci18 entific and technical qualifications for which Guard or Re19 serve requirements do not exist. 

20 ‘‘(d) GUARD OR RESERVE DUTY ASSIGNMENT DE21 FINED.—In this section, the term ‘Guard or Reserve duty 

22 assignment’ means an assignment involving the orga23 nizing, administering, recruiting, instructing, or training 

24 the reserve components, other than an assignment to a 

25 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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