Hickenlooper Leads 124 Members of Congress in Letter Urging Preservation of Governors’ National Guard Authority

Letter encourages the inclusion of language amending the proposal to shift Air National Guard personnel to the Space Force in upcoming defense budget

WASHINGTON - Today, U.S. Senator John Hickenlooper led 86 representatives and 38 senators, including Senator Michael Bennet and Representatives Jason Crow, Yadira Caraveo, Diana DeGette, Doug Lamborn, Greg Lopez, Brittany Pettersen, Joe Neguse, and Joe Wilson, in a bipartisan letter urging the House and Senate Armed Services Committees to adopt language in the fiscal year 2025 National Defense Authorization Act (NDAA) that would preserve the authority of governors to oversee National Guard forces within their states.

"Should Congress strip governors of the ability to manage National Guard units within their states, it would risk fundamentally altering the Guard's mission and identity, as well as set a concerning precedent whose impacts may be broader than anticipated," wrote the lawmakers.

Title 32 of U.S. Code gives governors authority over National Guard personnel in their states. Legislative Proposal 480 (LP 480) would move Air National Guard units with space missions into the U.S. Space Force without obtaining a governor's consent prior to the transfer. The House NDAA, however, included amendment language that would allow this transfer only if the governor signs off, protecting the Guard's Title 32 mission and maintaining over a century of precedent.

For 120 years, National Guard forces have served under governors' command in all 50 states and territories. These service members fulfill important functions in the national defense, as well as Title 32 missions in their communities. The U.S. Air Force proposal disregards this longstanding tradition of the National Guard, as well as the choice by members of the Guard to serve in the branch and state of their choosing.

National Guard Association of the United States (NGAUS) and Enlisted Association of the National Guard of the United States (EANGUS) oppose LP 480, as do all 55 of the nation's state and territorial governors, 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.

Today's letter comes after Hickenlooper led a letter with 85 other members of Congress opposing the inclusion of LP 480 in the NDAA and joined in support of the National Governors Association Council of Governors calling on the Department of Defense to retract LP 480. He also led 31 of his colleagues in submitting an amendment to the NDAA to permit the transfer only with gubernatorial approval. However, the amendment was not included in the final package for the Senate bill and did not have the opportunity for floor consideration.

Colorado is home to a robust Space Force presence and the most National Guard members performing space missions of any state.

The letter can be found HERE, or below:

Dear Chairman Reed, Ranking Member Wicker, Chairman Rogers, and Ranking Member Smith,

As you begin conference negotiations for the FY2025 National Defense Authorization Act (NDAA), we urge you to retain the House-passed language regarding the U.S. Air Force's Legislative Proposal 480 (LP 480) in the final bill. 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.

LP 480 seeks to transfer National Guard members performing space missions into the U.S. Space Force without gubernatorial approval. Such a change would undermine Sections 104 of Title 32 and 18238 of Title 10, which ensure that adjustments to the structure, organization, or mission of National Guard units have the consent of the state's governor. 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. Should Congress strip governors of the ability to manage National Guard units within their states, it would risk fundamentally altering the Guard's mission and identity, as well as set a concerning precedent whose impacts may be broader than anticipated.

We recognize the urgency of the future threats facing our national security, and we support the Department of the Air Force's efforts to prepare. We also believe that the desired end can be achieved through dialogue with affected states, without undermining the foundational principles that have guided the National Guard for over a century. This goal is shared by all 55 governors, who voiced their opposition to LP 480 in April letters to Secretary Austin. As this year's NDAA process did not allow for amendment floor votes in the Senate, a companion measure with 32 bipartisan cosponsors was not able to be considered before the full chamber. To that end, we strongly urge the Senate and House Armed Services Committees to preserve the House-passed protections for governor oversight in the FY2025 NDAA.

Sincerely,

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