Reps. Crow, Wilson and Sen. Hickenlooper Lead Letter with 122 Colleagues Urging Senate and House Armed Services Committee Leadership to Retain House-Passed National Guard Protections in FY25 NDAA

WASHINGTON — Today Congressman Jason Crow (D-CO-06), a former Army Ranger who served in Afghanistan and Iraq, joined Senator John Hickenlooper (D-CO) and Congressman Joe Wilson (R-SC-02) in leading a bipartisan, bicameral letter with 122 of their colleagues, urging leadership on the Senate Armed Services Committee (SASC) and House Armed Services Committee (HASC) to retain House-passed language in the FY2025 National Defense Authorization Act (NDAA) that would maintain the integrity and longstanding tradition of the National Guard as well as 120 years of legal precedent.

The House-passed language was put forward as a response to U.S. Air Force Legislative Proposal 480 (LP 480), which would forcibly transfer Air National Guard units performing space missions from their respective states and into the active duty U.S. Space Force (USSF), bypassing longstanding federal law that requires governors’ consent before transferring National Guard units.

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.

The House language would preserve these statutory protections. A companion measure with 32 bipartisan cosponsors was also put forward in the Senate. However, as this year’s NDAA process did not allow for amendment floor votes in the Senate, the measure was not considered before the full chamber.

In their letter, the Members strongly urge SASC Chairman Reed, SASC Ranking Member Wicker, HASC Chairman Rogers, and HASC Ranking Member Smith to preserve these House-passed protections for governor oversight in the FY25 NDAA.

“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,” the Members wrote in the letter. 

The Members continued, “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.”

In addition to 125 signatories, LP 480 is opposed by the National Guard Association of the United States, the National Guard Bureau, the Council of Governors, and the National Governors Association.

This letter builds on Congressman Crow’s longstanding efforts to oppose LP 480, and maintain the integrity and longstanding tradition of our National Guard. Congressman Crow joined Congressman Wilson and Senators Bennet and Hickenlooper in May 2024 to lead an earlier letter, urging SASC and HASC leadership to reject the inclusion of LP 480 in the FY2025 altogether. 

A PDF of the letter can be found here, with full text appearing below:  

October 16, 2024

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. 

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