Sec. 626. Retroactive effective date of promotions of senior officers of Armed Forces that were delayed as a result of suspension of Senate confirmation
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Congress holds the men and women who defend the United States in the highest esteem. In the case of an individual confirmed, during the period beginning on December 5, 2023, and ending on December 31, 2023, to a grade or rank in the Armed Forces associated with pay grade O–7 or higher and whose confirmation was delayed as a result of the suspension of the provision of advice and consent by the Senate to appointments to such grades and ranks that began in February 2023— the Secretary of Defense may provide the individual, retroactive to the date described in paragraph (2)— pay and allowances at the rates or in the amounts payable for the pay grade associated with the appointment of the individual; and the benefits to which an individual in the grade or rank associated with the appointment is entitled; and the date described in paragraph
(2)may be the date used for determining the seniority of the individual in the grade or rank associated with the appointment. The date described in this paragraph is, with respect to an individual described in paragraph (1), the date that is the later of— the date that is 30 days after the date on which the nomination of the individual was placed on the Executive Calendar of the Senate; or the date on which the individual would have been appointed but for the suspension of the provision of advice and consent described in paragraph (1), as determined by the Secretary concerned (as defined in section 101 of title 10, United States Code). The policies and provisions outlined in this section shall be subject to the availability of appropriations provided in advance and for the specific purpose of making payments under subsection (b)(1)(A). Such payments shall be made on a first-come, first-served basis, and the total amount of payments made may not exceed the total amount of appropriations provided in advance and for the specific purpose of making payments under subsection(b)(1)(A). In making a payment under subsection (b)(1)(A), the Secretary shall consider whether adverse information was provided to the Congress on an individual officer.