Confirmation Process for Officers of the Kansas National Guard

In the 2023 Legislative Session, HB 2210 was recommended favorably by the House Committee on Veterans and Military (House Committee). If enacted, the bill would have amended law governing the appointment of Kansas Army and Air National Guard (Kansas National Guard) general officers.

Dual Role of National Guard Members

Members of the Kansas National Guard and other states’ Guards must adhere to federal requirements due to the organization’s unique dual role. An individual holding a position in their state’s respective Guard simultaneously holds a position in the reserve component of their respective federal military branch. Although guardsmen may hold two positions, these positions generally must be of the same rank. For example, an officer promoted to the rank of Brigadier General in the State Guard cannot hold the lower rank of Colonel in the U.S. Army Reserve Component.

Kansas Confirmation Process

Under current law, the Governor appoints and commissions general officers of the Kansas National Guard to fill vacant positions. These appointed officers are then subject to confirmation by the Kansas Senate. The process to confirm general officers can be lengthy, in part due to KSA 48-213, which requires officers of the Kansas National Guard
to conform to the requirements of the U.S. Military, including those officers from the
Kansas National Guard who apply for federal recognition.

Federal Recognition

To achieve parity in rank between the two entities, officers must have their state Guard appointment recognized by the federal government. To achieve federal recognition, officers of certain ranks must pass a background check by the federal government, be nominated by the U.S. President, and confirmed by the U.S. Senate. Thus, the U.S. Senate must confirm the nomination or promotion of a general officer prior to confirmation from the Kansas Senate.

Federal Confirmation Process

Similar to the confirmation process in Kansas, the U.S. Constitution requires the U.S. Senate to confirm a President’s nomination for various ranks within the U.S. military, including the reserve components. The U.S. Senate normally votes by voice on nominations for lower-ranking officer positions that have been grouped together, while reserving recorded votes for major leadership positions within the Department of Defense (DOD).

Hearing on HB 2210

If enacted, HB 2210 would eliminate the requirement that a general officer of the Kansas National Guard be confirmed by the Kansas Senate, with the exception of the Adjutant General of Kansas.

In the House Committee hearing on HB 2210, a representative of the Adjutant General’s Department testified that the redundant confirmation requirement could lead to delays and confusion regarding the promotion and rank of an officer. The federal recognition process is typically completed between June and August of each year, meaning that officers who have been federally recognized must wait until a subsequent Legislative session for their promotions to be confirmed at the state level. Because of this, general officers often wait between six and nine months for their promotions to be confirmed by the Kansas Senate. A delay in confirming one general officer can impact the progression of up to five junior officers.

2023 Nominations

During the summer of 2023, the U.S. Senate did not confirm the nomination or promotion of any military personnel due to a hold imposed by a Senator in protest of certain DOD policies. However, the U.S. Senate was able to confirm a select few nominations for key DOD leadership positions early that fall. Among the nominees confirmed was the 39th Commandant of the U.S. Marine Corps who, several weeks after being confirmed, suffered a medical condition that left him temporarily unable to act in his capacity as first-in-command. At the time, the Assistant Commandant position was vacant due to the confirmation hold. On November 2, 2023, the U.S. Senate held an emergency vote to confirm the nomination for the Assistant Commandant of the U.S. Marine Corps so that he could dually serve as the Acting Commandant until his superior returned.

The hold on military promotions for three-star rank and lower positions was released in early December 2023. This allowed for more than 425 nominations to be confirmed. On December 19, 2023, the nominees for the remaining eleven vacant four-star rank positions were confirmed by the U.S. Senate, ending the confirmation hold.

State Confirmation Delays

A delay in the federal confirmation process may prolong the state confirmation process under current law. The delayed confirmations caused some officers to take on additional responsibility in an acting capacity while retaining their current position duties without the commensurate promotion and pay. The DOD publicly stated that delays in the confirmation process are a risk to the readiness of the U.S. military and the nation’s security.