The National Guard is in the crosshairs. Congress can save it

For nearly 400 years, the National Guard has been America's protector on the home front. But the existence of the National Guard as we know it is now being seriously questioned.

Congress is poised to pass language in the annual National Defense Authorization Act that would override governors' authority over National Guard units. Passage would seriously harm our national security, jeopardize military readiness, and undermine governors' long-standing authority over National Guard units.

The good news is that Congress has the opportunity to change course.

Earlier this year, the Department of the Air Force introduced House Bill 480, which seeks to circumvent federal law requiring governors' approval of any transfer of National Guard units from their respective states.

The ultimate goal is to take the Air National Guard units that conduct space missions out of their states and forcibly integrate them into the U.S. Space Force. This disregard for existing federal law raised serious concerns among the National Guard and united the country's 55 state and territory governors in their opposition to it.

The position of the governors is remarkable.

It is rare that politicians from different regional, political and geographic constituencies find common ground on an issue. Their April statement against LP480 focuses on the potential impact on over 450,000 Army and Air Force soldiers.

We share the Governors' view that LP480 “disregards the Governor's authority with respect to the National Guard and undermines over 100 years of precedent and national security and military readiness.”

Over the last century, units have moved from one state to another. Or they have been disbanded, as happened after World War II. In each case, however, these actions were carried out with the consent of the governors concerned, as required by law. In all our discussions with supporters of LP480, we have so far received no explanation as to why the law should no longer apply.

The National Guard Association of the United States, along with our partners, has spent the last six months working to find a solution to the LP480 issue. We have sought to work directly with the Department of the Air Force to find a mutually beneficial agreement that does not undermine decades of federal law and create a capability gap in our national security infrastructure. We have also informed Congress of the potential adverse impacts LP480 would have on our national security, including data showing that most of the affected pilots will not join the Space Force. The loss of these highly skilled professionals would be immense.

The concern about setting a precedent is not irrational. Currently, the Air Force is developing its cyber capabilities, relying in part on a new Air National Guard unit. The Army Guard has the 91st Cyber ​​Brigade with units in more than 30 states.

If LP480 is approved, the federal government will have the option to avoid governors' approval. What could happen next? How could we prevent a C-130 squadron from being pulled out of a state and transferred to the active component? Or how could we prevent a brigade combat team from the Army Guard from being transferred to the active component?

Air Force Secretary Frank Kendall said this was a “unique” situation. Will the next Secretary agree? Or another commander? Readiness and unit cohesion would undoubtedly suffer.

In addition, when these Soldiers are transferred to the Space Force, they will lose access to the State Partnership Program and to support USSPACECOM/USSF priority security cooperation requirements.

At times we have been close to reaching a compromise in which both sides of the disagreement made a give-and-take arrangement. However, the intransigence and stubbornness of unelected decision-makers in the Pentagon has prevented an amicable settlement. The good news is that Congress has the ability to resolve the issue by consensus.

U.S. Rep. Joe Wilson, R-S.C., courageously led the effort to amend the House version of the NDAA to address concerns from governors and the National Guard. This language preserves the authority of governors while providing a potential path for voluntary redeployment of the National Guard units in question. Most importantly, it prevents any capability gaps in our national security infrastructure. Should both chambers of Congress adopt the House language in the final version of the bill, the problem will resolve itself, removing one of the many tasks from Congress' to-do list.

In addition to upholding the law and ensuring national security, Congress should also take note that the next presidential administration may not be in favor of LP480. Vice presidential candidate Tim Walz is an opponent of LP480 and signed the letter against it earlier this year.

Although Vice President Kamala Harris has not commented, it would be unwise for Congress to move forward with LP480 in its current form less than two months before Election Day. In addition, former President Donald Trump is a proponent of establishing a Space National Guard – which would be virtually impossible if LP480 were to pass in its current form. We can all agree that the next commander in chief should not be prevented from pursuing his vision for the armed forces before he is even sworn in.

Secretary Kendall said in an interview with The War Horse in late May that the Air Force “can live with whatever outcome comes out of the debate over LP480.” He added that if pilots with space missions “stay in the Air Guard, we will get it done.” With the increasing reliance on the Guard at home and abroad, we must find a solution that recognizes that the National Guard is an asset to our national security, not a hindrance. Our soldiers and airmen continue to answer the nation's call, just as they have for centuries.

We urge the Senate to adopt the House version of the NDAA, which maintains governors' powers consistent with long-standing law and also allows for the transfer of units.

Frank McGinn is a retired major general in the Massachusetts Army National Guard and president of the National Guard Association of the United States.