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Hickenlooper, Bennet, Crow, Wilson Lead Bipartisan, Bicameral Coalition Opposing Air Force Proposal to Override Governors’ Authority, Strip National Guard Units

May 7, 2024

Letter rejects inclusion of Legislative Proposal 480 in upcoming defense budget

WASHINGTON — U.S. Senators John Hickenlooper and Michael Bennet and Representatives Jason Crow and Joe Wilson led bipartisan and bicameral colleagues, including 56 Representatives and 29 Senators, in a letter urging House and Senate Armed Services Committees to reject the inclusion of the US Air Force’s (USAF) recent Legislative Proposal 480 in the Fiscal Year 2025 National Defense Authorization Act. The flawed policy would forcibly transfer Air National Guard units performing space missions into the US Space Force (USSF) as “part-timers,” bypassing longstanding federal law requiring governors’ consent before transferring National Guard units to another military branch. 

The USAF Legislative Proposal 480 (LP 480) undermines 120 years of National Guard precedent. It is strongly opposed by NGAUS and EANGUS, National Guard leaders including all 54 Adjutant Generals, and 48 Governors in the National Governor Association, including Colorado Governor Jared Polis. Hickenlooper, Bennet, Crow, Polis, Colorado Lieutenant Governor Dianne Primavera, and Major General Laura Clellan of the Colorado National Guard joined in support of the National Governors Association Council of Governors calling on the Department of Defense to retract LP 480.

For decades, National Guard forces have served under governors’ command in all 50 states and territories, including Air National Guard members performing vital space missions. Today, bipartisan leaders in the House and Senate warn that LP 480 would undermine the very authority placed on governors by Congress, setting a dangerous precedent. This decision by the USAF disregards the longstanding tradition of the National Guard and the choice by the Guardsmen and women to serve the branch and state of their choosing. 

“We write regarding a deeply flawed legislative proposal put forward by the US Air Force that would undermine our National Guard system,” wrote the Members.

They continued: “The original intent of the National Guard was to have a force ready to respond to the needs of their state and country. Because of this, authority was placed in the hands of each state’s individual governor.” 

“Congress has a duty to maintain the integrity and longstanding tradition of the National Guard, and a proposal of this magnitude threatens to undo over 120 years of precedent…We urge the House and Senate Armed Services Committees to reject the inclusion of Legislative Proposal 480 in the FY2025 NDAA,” the Members concluded. 

Colorado is home to over one-third of all space-related National Guard members. 

The letter can be found HERE, or below:

Dear Chairs and Ranking Members of the House and Senate Armed Services Committees,

We write regarding a deeply flawed legislative proposal put forward by the U.S. Air Force that would undermine our National Guard system. Legislative Proposal 480 (LP 480) overrides the longstanding tradition that requires the Department of Defense to acquire governor approval before transferring any National Guard units to another branch of the military.

The recently released proposal by the Air Force seeks to transfer members of the National Guard who perform space missions and designate them as “part-timers” under a full-time Space Force without regard to governor authority. In doing so, the Air Force intends to disregard portions of Section 104 of Title 32, which states that no change in the branch, organization, or allotment of a unit can be made without the approval of its Governor, and Section 18238 of Title 10, which places limitations on the relocation of Army and Air National Guard units without the consent of the Governor. Advancing LP 480 would negate that policy and require statutory changes, presumably through the Fiscal Year 2025 National Defense Authorization Act. 

Congress established the National Guard as a “ready” reserve force serving in all 50 states and U.S. territories. Today’s Guardsmen and women hold civilian jobs while maintaining their military readiness to respond to domestic emergencies like health emergencies, civil unrest, or national disasters in the state they’re serving. They also maintain their operational reserve status for national security missions. This dual mission is essential to the founding purpose of the National Guard.

To be clear: when individuals sign up for the National Guard, they are serving their country and their community. Congress shouldn’t abandon this model.

The original intent of the National Guard was to have a force ready to respond to the needs of their state and country. Because of this, authority was placed in the hands of each state’s individual governor. This is more than a matter of governance; governors bear the responsibility to protect the safety of their citizens by maintaining the readiness and deployability of their National Guard units. Governors have a responsibility to those Guardsmen and women who voluntarily join the National Guard branch and state of their choosing. LP 480 undermines the choice made by these men and women.  

Congress has a duty to maintain the integrity and longstanding tradition of the National Guard, and a proposal of this magnitude threatens to undo over 120 years of precedent. We recognize the Air Force is evolving to address future threats, but there are other options available to the Air Force to accomplish this evolution that don’t undo an important foundation of our state National Guard system established by Congress.

We urge the House and Senate Armed Services Committees to reject the inclusion of Legislative Proposal 480 in the FY2025 NDAA.

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