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THE ISSUE: The Department of the Air Force is pushing forward a legislative proposal (LP480) in the Senate which seeks to forcibly transfer Air National Guard units performing space missions into the U.S. Space Force without consent of respective governors. We made considerable progress against LP480 in the House version of the National Defense Authorization Act, but our focus must now shift to the Senate version. With all 55 of the nation’s governors behind us, now is the time to make your voice heard.
ACTION: Immediately notify your Senators asking them to reject LP480 and prevent it from becoming law.
Please contact your Congressional Delegation by filling out the form below.
BACKGROUND: Secretary of the Air Force Frank Kendall formally approved Legislative Proposal 480 on March 15, 2024. LP480 would give the Secretary sweeping unilateral authority to transfer ANG units performing space units to the U.S. Space Force without the consent of the governors who oversee those units. Specifically, LP480 language states: “Such transfer shall occur without regard to section 104 of title 32, United States Code, or section 18238 of title 10, United States Code.” These two sections of federal law establish the command structure of the National Guard, including a requirement for governors to consent to any transfer of National Guard units out of their states. By including this line in LP480, the Department is effectively circumventing the longstanding legal authority given to states, thus setting a dangerous precedent in the future.
RECOMMENDATION: NGAUS strongly opposes any federal attempts to circumvent the long-established gubernatorial consent requirement set forth by Titles 10 and 32 of United States Code. The Department of the Air Force’s plan to forcibly transfer ANG space units into the USSF is not only legally questionable, but also would cost the nation significant amounts of time and money.
The priority in the short term must be to prevent LP480 from being included in the Senate’s version of the NDAA. NGAUS recommends Congressional members work with the Armed Services Committees to achieve this goal. NGAUS and our coalition partners were successful in preventing LP480 language from being included in the House version of the NDAA, but the fight is not over. If LP480 language is included in the Senate NDAA, there is still a chance it could be signed into law in the final version of the bill.
