A bill to waive the 60-day notice requirement for the posthumous honorary promotion of Captain Cody Khork, United States Army.
Summary
SB 4138 is a narrow, one-purpose bill that waives the 60-day notice requirement in federal law so that Captain Cody Khork of the United States Army may receive a posthumous honorary promotion to the rank of major. The measure does not create a broader policy program or alter military promotion rules generally; it is tailored to a single individual and a single exception to existing statutory timing requirements.
The bill amends the application of section 1563a(b) of title 10, United States Code, only for this specific honorary promotion. By waiving the notice period, Congress authorizes the promotion to proceed without waiting for the usual 60-day advance notice, reflecting a legislative act of recognition and commemoration rather than a substantive change to military personnel law.
Impact
SB 4138 affects federal military law by creating a one-time exception to the 60-day notice requirement for posthumous honorary promotions under 10 U.S.C. 1563a(b). Its practical effect is limited to Captain Cody Khork and does not appear to revise the underlying statute for other service members or future cases. The bill’s impact is therefore symbolic and administrative, ensuring the honorary promotion can be conferred promptly and lawfully.
Sentiment
The available context suggests the bill was noncontroversial and received favorable treatment. It was introduced by Senators Wicker, Reed, and Scott of Florida, considered, read the third time, and passed, and it ultimately became Public Law No. 119-80. There are no recorded committee transcripts or votes indicating opposition, which is consistent with the bill’s commemorative and narrowly tailored nature.
Contention
No notable points of contention are reflected in the provided record. Because the bill applies only to a single posthumous honorary promotion, any debate would likely have centered on procedural waiver authority rather than policy substance, but no such objections are documented. The absence of committee discussion or recorded votes suggests broad agreement or at least no visible resistance.
Authorizing the use of the rotunda of the Capitol for the lying in state of the remains of Army Major Jeffrey R. O'Brien, Captain Cody A. Khork, Chief Warrant Officer 3 Robert M. Marzan, Sergeant First Class Noah L. Tietjens, Sergeant First Class Nicole M. Amor, Sergeant Declan J. Coady, and Sergeant Benjamin N. Pennington.
SENATE RESOLUTION EXPRESSING DEEPEST CONDOLENCES ON THE PASSING OF THE FOLLOWING SEVEN MEMBERS OF THE UNITED STATES MILITARY SERGEANT FIRST CLASS NICOLE AMOR, SERGEANT DECLAN COADY, CAPTAIN CODY KHORK, SERGEANT FIRST CLASS NOAH TIETJENS, MAJOR JEFFREY O'BRIEN, SERGEANT BENJAMIN N. PENNINGTON AND CHIEF WARRANT OFFICER ROBERT MARZAN
Commending United States Army Air Corps 2nd Lieutenant Joseph L. Burke posthumously upon the occasion of his designation as a recipient of the Liberty Medal
Directing the President, pursuant to the War Powers Resolution, to comply with the 60-day use of force and 30-day phased withdrawal requirements regarding the use of the United States Armed Forces in Operation Epic Fury in Iran.
Posthumously honoring the life and service of United States Army Air Forces Staff Sergeant Eugene J. Darrigan who was laid to rest in his hometown of Wappingers Falls, New York, on May 24, 2025