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Hawaii National Guard members walking on Front Street in historic Lahaina, Hawaii, on August 10, 2023, searching for wildfire survivors. Photo: Kevin Fujii/Zuma Press

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

To whom, exactly, do a state’s National Guard Units report — do they report to the state’s top elected leader, or do they report to the federal government? For the past more than 100 years, the answer has been — they report to the governor of the state to which they are assigned to serve, as protection during natural disasters, emergencies, and other state-designated public safety priorities.

The issue is a hot one, and a bipartisan group of our state’s legislators has written a letter rejecting the inclusion of Legislative Proposal 480 in the upcoming defense budget; the Fiscal Year 2025 National Defense Authorization Act (NDAA).

The letter asserts “The flawed policy would forcibly transfer Air National Guard units performing space missions into the U.S. Space Force (USSF) as “part-timers,” bypassing longstanding federal law requiring governors’ consent before transferring National Guard units to another military branch.”

It goes on to say “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 (D-CO).”

Colorado happens to be home to more than one-third of all space-related National Guard members.

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.

A bipartisan group of leaders in the House and Senate now 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.

Among those signing on to the letter: Congressman Jason Crow (D-CO-06), founding Co-Chair of the Space Force Caucus, alongside Representative Joe Wilson (R-SC-02), a member of the House Armed Services Committee (HASC), Senators Michael Bennet (D-CO), and John Hickenlooper (D-CO). The four led bipartisan and bicameral colleagues, including 56 Representatives and 29 Senators in framing the letter, urging the House and Senate Armed Services Committees to reject the inclusion of the U.S .Air Force’s (USAF) recent Legislative Proposal 480 in the Fiscal Year 2025 National Defense Authorization Act.

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

“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.”

Today’s letter builds on Congressman Crow’s ongoing efforts with Colorado delegation leaders and bipartisan colleagues to bolster U.S. space defense and servicemember readiness.

In the FY24 defense budget, Crow secured provisions to recapitalize aging jets and require the Air Force to finalize plans before cutting any fighter wings – safeguarding the operational readiness of the 140th Fighter Wing at Buckley Space Force Base in Colorado’s 6th District and 25 Air National Guard fighter squadrons nationwide.