S. 3456Senate118th Congress (2023-2025)In Committee

Military Personnel Confirmation Restoration Act of 2023

Introduced December 7, 2023

AI-Generated Summary

Updated January 20, 2026 at 1:30 PM UTC

The Military Personnel Confirmation Restoration Act of 2023 provides a retroactive effective date for senior military officers whose promotions were delayed when the Senate stopped confirming appointments. It requires the Secretary of Defense to grant back‑pay, allowances and benefits as if the promotion had taken effect earlier, and to use that date for determining seniority. The law also waives any statutory or regulatory restrictions that would harm those officers because of the confirmation pause. It applies to officers at the O‑7 rank or higher confirmed between December 5 and December 31, 2023.

Key Provisions

  • Applies to senior officers (pay grade O‑7 or higher) confirmed between Dec 5‑31, 2023 whose confirmation was delayed due to the Senate’s suspension of advice‑and‑consent.
  • The Secretary of Defense must provide retroactive pay, allowances and benefits effective to a date 30 days after the officer’s appointment was placed on the Senate’s Executive Calendar.
  • That retroactive date is used to determine the officer’s seniority in the new rank.
  • Any statutory or regulatory restrictions that would negatively affect the officer because of the confirmation suspension are waived.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services.

December 7, 2023

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SenateIntro Referral

Introduced in Senate

December 7, 2023

SenateIntro Referral

Read twice and referred to the Committee on Armed Services.

December 7, 2023

Bill Text

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Introduced in SenateIssued December 7, 2023

II

118th CONGRESS

1st Session

S. 3456

IN THE SENATE OF THE UNITED STATES

December 7, 2023

Mr. McConnell (for Mr. Rounds (for himself, Mr. Manchin, Mr. King, Ms. Ernst, Mr. Tuberville, Mrs. Gillibrand, and Mr. Blumenthal)) introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

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.

1.

Short title

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

2.

Sense of Congress

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

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;

(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; and

(3)

any restriction under any provision of statute or regulation relating to personnel actions that would detrimentally affect the individual as a result of such suspension of the provision of advice and consent is waived.

(b)

Date described

The date described in this subsection is, with respect to an individual described in subsection (a), the date that is 30 days after the date on which the appointment of the individual was placed on the Executive Calendar of the Senate.