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ICYMI: Governors urge preservation of National Guard authority under NDAA






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*December 9, 2024
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ICYMI: Governors urge preservation of National Guard authority under NDAA

Today the National Governors Association released a statement [ https://www.nga.org/news/press-releases/governors-urge-preservation-of-national-guard-authority-in-ndaa/?utm_medium=email&utm_source=govdelivery ] criticizing Congress’ failure to preserve states’ National Guard authority in the latest draft of the Fiscal Year 2025 National Defense Authorization Act.

The current version would reassign National Guard units to the U.S. Space Force without legally required approval from governors. If passed, this action would break from more than 100 years of precedent regarding state authority over National Guard units and undermine a critical piece of states’ abilities to respond to natural disasters and other crises. The governors of all 55 states and territories, and more than 100 members of Congress, have so far voiced opposition to this proposal.

“Governors across the country representing both parties have spoken together with one voice to oppose this," said Gov. Jay Inslee. "This is a short-sighted action that upends decades of precedent, weakens states’ abilities to respond to local emergencies, and clears the way for more reassignments without governors having a say. I urge Congress to heed the voices of their governors and collaborate with states about the best way to support an effective Space Force.”

Full NGA press release below.

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Governors Urge Preservation of National Guard Authority in NDAA

*Washington, D.C.* – National Governors Association (NGA) Chair Colorado Governor Jared Polis and Vice Chair Oklahoma Governor Kevin Stitt released the following statement regarding provisions on National Guard authority in the just released legislative text for the FY25 National Defense Authorization Act (NDAA). Governors from all 55 states and territories have repeatedly urged [ https://www.nga.org/advocacy-communications/letters-nga/letter-to-dod-on-maintaining-governor-authority-of-national-guard/?utm_medium=email&utm_source=govdelivery ] Congress to reject Legislative Proposal 480 (LP 480), which would reassign specified Air National Guard units to the U.S. Space Force without legally required approval from Governors. In the legislative text released Saturday, Committee members failed to include House Wilson amendment language [ https://www.nga.org/news/press-releases/governors-commend-house-action-to-maintain-governors-authority-over-the-national-guard/?utm_medium=email&utm_source=govdelivery ], which rightly upholds U.S.C. Title 10 and Title 32 authorities within the National Guard.

“The Armed Services Committee’s failure to preserve Governors’ lawful authority over their National Guards in the NDAA is deeply concerning and breaks with more than a century of important precedent surrounding state’s rights – as well as a violation of federal law.

“It is crystal clear that National Guard units may not be moved without consultation and approval from Governors.  Titles 10, Section 18238 and 32, Section 104 are critical aspects of the federal system and ensure that Governors have a say over the makeup of the forces they command. Using the power of Congress to override the authority of Governors, rather than directing the Department of Defense to work with Governors in good faith not only creates uncertain circumstances for the service members in affected states but also opens the door for future legislation overriding states’ rights. 

“Governors of all 55 states and territories and more than 100 members of Congress oppose the proposal to reassign specified Air National Guard units to the U.S. Space Force without legally required approval from Governors. 

“The decision undermines more than 100 years of precedent as well as national security and military readiness. National Guard assets are critical components of our ability to respond to natural disasters and other crises in states and territories. Governors take this responsibility very seriously, and we have grave concerns that this unprecedented decision jeopardizes operational readiness and our ability to protect our communities.

“There is still time for Congress to do the right thing. We urge Congressional negotiators to uphold the law and preserve Governors’ National Guard authority by adopting the House Wilson amendment language before the final passage of NDAA or stripping the problematic language entirely. Governors are reviewing our legal options in the event Congress does not ultimately address the problematic language.”

Governors recently called [ https://www.nga.org/news/press-releases/governors-urge-passage-of-national-defense-authorization-act/?utm_medium=email&utm_source=govdelivery ] for the passage of NDAA, including reauthorization for the Economic Development Administration (EDA) and other priorities.

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