Nearly 600 Air National Guardsmen who focus on space missions would be transferred to the Space Force against the wishes of every governor in the country under Congress' newly unveiled annual defense bill that could soon be signed into law.
The final version of this year's National Defense Authorization Act, or NDAA, includes a provision to transfer 578 Guardsmen who perform space missions on behalf of the Air Force's reserve component into the active-duty Space Force.
In total, the legislation calls to move 33 airmen from Alaska, 126 from California, 119 from Colorado, 75 from Florida, 130 from Hawaii, 69 from Ohio and 26 from the Air National Guard's headquarters, according to the bill.
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Congressional agreement on the Department of the Air Force's plan, Legislative Proposal 480, to move Air National Guard units with space missions into the active-duty Space Force -- which was first reported by Military.com in April -- was met with fierce condemnation by state governors and National Guard lobbyists.
The compromise NDAA would "occur without regard to section 104 of Title 32, United States Code, or section 18238 of Title 10, United States Code," both which say such a move would require approval from state governors.
Every governor in the country as well as five U.S. territories voiced opposition to the move throughout the year, and continued to rally against the compromise on Monday.
"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," a statement from the National Governors Association said.
"The decision undermines more than 100 years of precedent, as well as national security and military readiness," according to the statement released on Monday.
Notably, President-elect Donald Trump made creating a Space National Guard a promise during his reelection campaign. A Space National Guard, while opposed by President Joe Biden's administration, was seen as the preferred option among National Guard lobbyists and Air Guardsmen in those space-focused units.
Retired Maj. Gen. Francis McGinn, the president of the National Guard Association of the United States, or NGAUS, took aim at the defense bill Monday.
"The backroom deal that would allow the Air Force to forcibly transfer Air National Guard space units to the Space Force without the required consent of their governors was struck in defiance of a century of legal precedence, the fierce opposition of the nation's governors, and the clear intentions of the incoming administration," McGinn said in a statement Monday.
The Space Force does not have a reserve component such as the National Guard for its Guardians. Legislation passed in the 2024 NDAA allowed for the creation of a completely unique part-time, active-duty service model.
Military.com has previously reported on the growing pains that the part-time service model faces, particularly with how those Guardians would get paid. The Space Force won't be accepting part-time applicants until at least 2026.
National Guard lobbyists and advocates are hoping the original language from the House's version of the NDAA -- which would require governors' approval before such a transfer -- will ultimately prevail.
"In the interim, these critical units would have to be rebuilt, leaving the nation with a capability gap in a critical domain for several years," McGinn said. "NGAUS and our partners will continue to oppose LP 480 in other settings. This fight is far from over."
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