[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1735 Introduced in House (IH)]






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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. GUARD OR RESERVE DUTY ASSIGNMENT REQUIRED AS CONDITION OF 
              PROMOTION OF ARMY AND AIR FORCE OFFICERS TO BRIGADIER 
              GENERAL.

    (a) In General.--Chapter 36 of title 10, is amended by inserting 
after section 619a the following new section:
``Sec. 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 section, an officer on the active-
duty list of the Army or Air Force may not be appointed to the grade of 
brigadier general 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 following circumstances:
            ``(1) When necessary for the good of the service.
            ``(2) In the case of an officer whose proposed selection 
        for promotion is based primarily upon scientific and technical 
        qualifications for which Guard or Reserve requirements do not 
        exist.
            ``(3) In the case of--
                    ``(A) a medical officer, dental officer, veterinary 
                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 promotion 
        board for appointment to the grade of brigadier general while 
        serving in a Guard or Reserve duty assignment if at least 180 
        days of that assignment have been completed on the date of the 
        convening of that selection board.
    ``(c) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out this section. The regulations 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 scientific and technical qualifications 
for which Guard or Reserve requirements do not exist.
    ``(d) Guard or Reserve Duty Assignment Defined.--In this section, 
the term `Guard or Reserve duty assignment' means an assignment 
involving the organizing, 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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