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Lawmakers Stress Preservation of Governors' Authority

10-22-24 WR Authority 2 WEBSITE
10-22-24 WR Authority 2 WEBSITE
Washington Report

More than 100 lawmakers are calling for a provision to be included in the fiscal 2025 National Defense Authorization Act that would potentially resolve a contentious debate over the Air Force’s proposal to transfer National Guardsmen to the Space Force without the consent of their governors.

"This straightforward and commonsense amendment preserves the statutory authority of governors to oversee National Guard forces under Title 32, while permitting the one-time personnel transfer that the U.S. Air Force requested," reads an Oct. 16 letter from 125 members of Congress to the chairmen and ranking members of the House and Senate Armed Services committees.

"I fully agree with these 125 members of the House and Senate who believe language maintaining the statutory authority of governors to oversee their National Guard forces should be included in the final fiscal 2025 NDAA," said retired Maj. Gen. Francis M. McGinn, the NGAUS president.

"For over a century, this authority has helped the National Guard fulfill the role of a flexible fighting force, able to respond swiftly to both domestic emergencies and national security needs," the members of Congress add in the letter.

The ability of more than 11,000 Guardsmen from multiple states to recently respond to Hurricanes Helene and Milton underscores the necessity of this authority, McGinn asserted in an Oct. 17 statement about gubernatorial authority over the Guard.

"In recent weeks, the nation has witnessed the governors collaborating with Guard leadership and the executive branch to respond quickly and effectively to two historic hurricanes," he noted.

The NDAA is the nation's annual defense policy bill.

The bill has not followed normal legislative procedure during the last two years and has largely been shaped in closed-door negotiations.

A one-time transfer of airmen to the Space Force is a proposal in accordance with Air Force Secretary Frank Kendall’s previous statements.

In April, he told the Senate Appropriations Committee’s defense subcommittee that the transfer — which is part of the Department of the Air Force's Legislative Proposal 480 — would not establish a precedent.

"It’s a unique situation," Kendall said. "There’s absolutely no intention to make any other changes, moving things out of the Guard."

Governors from 53 of the nation's states and territories then warned Defense Secretary Lloyd J. Austin III in an April 29 letter that LP 480 would "deeply damage the relationship between states and the federal government."

Discussions about LP 480 continued through spring and summer without resolution.

Although Congress remains in recess until Nov. 12, lawmakers will negotiate until a final version of the fiscal 2025 NDAA is released.

The must-pass legislation will ultimately head to each chamber for a full floor vote.

— By Jennifer Hickey