Letter to DOD on Maintaining Governor Authority of National Guard

“National Guard assets are critical components of states’ and territories’ responses to crises. Governors must maintain full authority as Commanders in Chief of these assets to effectively protect operational readiness and America’s communities.”

The Honorable Lloyd J. Austin, III
Secretary of Defense
United States Department of Defense
1000 Defense Pentagon
Washington, DC 20301-1000

Dear Secretary Austin:

As Governors representing 53 states and territories, we are writing to express our strong opposition to Legislative Proposal 480 (LP480) submitted by the Department of Defense to the Senate Armed Services Committee. This legislation disregards gubernatorial authorities regarding the National Guard and undermines over 100 years of precedent as well as national security and military readiness.

Ensuring the National Guard is adequately equipped with resources and capabilities to serve as the operational combat reserve for national security missions and to support domestic emergencies is among the National Governors Association’s highest priorities. It is imperative that Governors retain the authority laid out in United States Code (U.S.C.) Title 32, Section 104. LP480 undercuts this critical authority by allowing a transfer of covered space units from the National Guard to the United States Space Force without abiding by Title 32 or Title 10.

Specifically, section 18238 of Title 10 states that there should be no removal or withdrawal of a unit of the Air National Guard without consultation and approval from Governors. Additionally, section 104 of Title 32 states there is to be no change in the branch, organization, or allotment of National Guard units within a state or territory without the approval of its Governor.

For over a century, Title 10 and Title 32 of U.S.C have upheld gubernatorial authority over the National Guard. National Guard assets are critical components of states’ and territories’ responses to crises. Governors must maintain full authority as Commanders in Chief of these assets to effectively protect operational readiness and America’s communities. Legislation that sidesteps, eliminates or otherwise reduces Governors’ authority within their states and territories undermines longstanding partnerships, precedence, military readiness and operational efficacy. This action also negatively affects the important relationships between Governors and DOD at a time when we need to have full trust and confidence between the two to meet the growing threats posed by the era of strategic competition as well as natural disasters.  LP480 also poses a threat to the careers of state-based service members who will be forced to choose between state service or continuing in their current field at a time when there are already significant recruitment challenges. An action like this will violate the trust of the brave women and men who have volunteered to serve our states and our nation.

Governors look forward to collaborating with congressional leaders and federal officials to ensure strong national security. Our top priority is the success of critical national security missions, both at home and abroad, which necessitates protecting Governors’ rights to lead as Commanders in Chiefs. Any federal efforts or legislative actions intended to disregard or weaken these authorities will negatively impact our ability to serve the nation and deeply damage the relationship between states and the federal government.          

For these reasons, we urge you to oppose LP480. Thank you again for your attention to this critical matter.     

Sincerely,