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THE ISSUE: The Department of the Air Force has put forward a legislative proposal (LP480) which seeks to forcibly transfer Air National Guard units performing space missions into the U.S. Space Force without consent of affected governors.
ACTION: Immediately notify members of your congressional delegation 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 NDAA chairman’s mark. NGAUS recommends Congressional members work with the Armed Services Committees to achieve this goal. Should LP480 be included in the NDAA, removing it will be a much more difficult endeavor.
In the long term, NGAUS recommends passage of the Space National Guard Establishment Act of 2024 (S. 3697 & H.R. 3058). This legislation would establish the Space National Guard as the primary combat reserve of the U.S. Space Force, thus reconnecting ANG units performing space missions to their parent service in the most cost effective and timely manner. NGAUS also recommends Congress provide rigorous oversight of LP480 and any similar to attempts to breach longstanding legal precedent with respect to gubernatorial authority over National Guard units.
