NGA Sends Letter to Congress on National Guard Authority

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Dear Committee Leadership,

As Chair and Vice Chair of the National Governors Association (NGA), we write on behalf of governors regarding provisions on National Guard authority not included in the recently released legislative text for the Fiscal Year 2026 National Defense Authorization Act (NDAA).

For several years, governors have raised bipartisan concerns about Section 514 of the National Defense Authorization Act for Fiscal Year 2025 (formerly known as LP480), which authorized the reassignment of National Guard units to the U.S. Space Force without the consent of governors. Unfortunately, the compromise legislative text released on Sunday did not incorporate bipartisan Senate language that would have upheld longstanding federal law under Titles 10 and 32, preserved long-established precedent, and ensured governors’ approval before Guard units are moved or reassigned. This authority is critical to maintaining military readiness and to ensuring the National Guard can continue to meet the needs of our states and territories.

It is a core element of cooperative federalism and a safeguard that allows governors to deploy Guard forces effectively in response to wildfires, floods, public health emergencies, and other crises that threaten the safety and stability of our communities. Allowing units to be reassigned to the U.S. Space Force without consent jeopardizes operational readiness, undermines national security, and creates instability for service members and their families.

Governors across the political spectrum, along with more than 100 members of Congress, have consistently affirmed that Section 514 of the National Defense Authorization Act for Fiscal Year 2025 must be fixed to avoid setting a precedent and to preserve the essential state-federal partnership that defines the National Guard.

There is still time for Congress to act. We strongly urge inclusion of the Senate’s corrective language in the final Fiscal Year 2026 NDAA or, alternatively, the removal of Section 514 of the National Defense Authorization Act for Fiscal Year 2025 from statute. Governors will continue reviewing all available options should Congress decline to address this issue; however, our clear preference is a bipartisan legislative solution that restores clarity, honors the law, and protects the readiness and effectiveness of the National Guard.

Thank you for your attention to this critical matter. We stand ready to work with you and your colleagues to ensure a responsible resolution.

Sincerely,