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Military Personnel Confirmation Restoration Act of 2023

S. 3553 · 118th Congress · Dec 14, 2023 · Lineage

AN ACT

To provide a retroactive effective date for the promotions of senior officers of the Armed Forces whose military promotions were delayed as a result of the suspension of Senate confirmation of such promotions.

Section 1 Short title

This Act may be cited as the “Military Personnel Confirmation Restoration Act of 2023”.

Sec. 2 Sense of Congress

Congress holds the men and women who defend the United States in the highest esteem.

Sec. 3 Retroactive effective date of promotions of senior officers of Armed Forces that were delayed as a result of suspension of Senate confirmation

(a)
In general— 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—
(1)
the Secretary of Defense shall provide the individual, retroactive to the date described in subsection (b)—
(A)
pay and allowances at the rates or in the amounts payable for the pay grade associated with the appointment of the individual; and
(B)
the benefits to which an individual in the grade or rank associated with the appointment is entitled; and
(2)
the date described in subsection (b) shall be the date used for determining the seniority of the individual in the grade or rank associated with the appointment.
(b)
Date described— The date described in this subsection is, with respect to an individual described in subsection (a), the date that is the later of—
(1)
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
(2)
the date on which the individual would have been appointed but for the suspension of the provision of advice and consent described in subsection (a), as determined by the Secretary concerned (as defined in section 101 of title 10, United States Code).