[Congressional Record Volume 169, Number 206 (Thursday, December 14, 2023)]
[Senate]
[Page S5989]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





        MILITARY PERSONNEL CONFIRMATION RESTORATION ACT OF 2023

  Mr. SCHUMER. Mr. President, tonight, just in time for the holidays, 
the Senate is giving our military, our military families, a present: 
the justice and backpay they so richly earned and deserved. Finally, we 
are able to right the wrong of Senator Tuberville's illogical, hurtful, 
and dangerous holds and the massive impacts the holds had on military 
families.
  These men and women have worked so hard for our country for so long. 
And just because of Senator Tuberville, in a really nasty--and 
whimsical, almost--holding back of their promotions, they weren't 
getting paid.
  Well, tonight, at long last, we are giving these military families--
families that have already sacrificed so much--the justice they 
deserve: their backpay. And it is a good night for them, and it is a 
good night for America. America is keeping its promise and saying to 
these men and women: You served us well. You don't deserve to be 
penalized in any way at all.
  And so, Mr. President, as if in legislative session, I ask unanimous 
consent that the Senate proceed to the immediate consideration of S. 
3553, introduced earlier today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3553) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SCHUMER. I ask unanimous consent that the bill be considered read 
three times and passed and that the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3553) was ordered to be engrossed for a third reading, 
was read the third time, and passed as follows:

                                S. 3553

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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).

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