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 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. GUARD OR RESERVE DUTY ASSIGNMENT RE-
QUIRED AS CONDITION OF PROMOTION OF 
ARMY AND AIR FORCE OFFICERS TO BRIGA-
DIER GENERAL. 
(a) IN GENERAL.—Chapter 36 of title 10, is amended 
by inserting after section 619a the following new section: 
‘‘§ 619b. Eligibility for consideration for promotion: 
Army and Air Force officers; Guard or 
Reserve duty required before promotion 
to brigadier general; exceptions 
‘‘(a) GENERAL RULE.—After the end of the one-year 
period beginning on the date of the enactment of this sec-
tion, an officer on the active-duty list of the Army or Air 
Force may not be appointed to the grade of brigadier gen-
eral unless the officer has completed a tour of duty of at 
least one year in a Guard or Reserve duty assignment. 
‘‘(b) EXCEPTIONS.—Subject to subsection (c), the 
Secretary of Defense may waive subsection (a) in the fol-
lowing circumstances: 
‘‘(1) When necessary for the good of the serv-
ice. 
‘‘(2) In the case of an officer whose proposed 
selection for promotion is based primarily upon sci-
entific and technical qualifications for which Guard 
or Reserve requirements do not exist. 
‘‘(3) In the case of—
‘‘(A) a medical officer, dental officer, vet-
erinary officer, medical service officer, nurse, or 
biomedical science officer; 
‘‘(B) a chaplain; or 
‘‘(C) a judge advocate. 
‘‘(4) In the case of an officer selected by a pro-
motion board for appointment to the grade of briga-
dier general while serving in a Guard or Reserve 
duty assignment if at least 180 days of that assign-
ment have been completed on the date of the con-
vening of that selection board. 
‘‘(c) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out this section. The regula-
tions shall specifically identify for purposes of subsection 
(b)(2) those categories of officers for which selection for 
promotion to brigadier general is based primarily upon sci-
entific and technical qualifications for which Guard or Re-
serve requirements do not exist. 
‘‘(d) GUARD OR RESERVE DUTY ASSIGNMENT DE-
FINED.—In this section, the term ‘Guard or Reserve duty 
assignment’ means an assignment involving the orga-
nizing, administering, recruiting, instructing, or training 
the reserve components, other than an assignment to a 
Reserve Officers Training Corps unit.’’.
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter II of such chapter is 
amended by inserting after the item relating to section 
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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