Space-focused National Guard units could be transferred to the active duty without their support units under a recent congressional proposal. 

The National Defense Authorization Act, still in draft form, proposes moving National Guard space operators into the Space Force, but not their support units — a move akin to moving pilots into a different branch from their mechanics. 

“It’s very problematic,” said Retired Maj. Gen. Francis M. McGinn, president of the National Guard Association of the United States. “You are going to orphan those support units.” 

Colorado is home to seven of the 14 space-focused National Guard units that were left behind when military space operations transitioned from the Air Force into the Space Force. But the bill would only move two of those units, the 137th Space Warning Squadron, based in Greeley, and the 138th Electromagnetic Warfare Squadron, at Peterson Space Force Base. The bill would also transfer units from Florida, Hawaii, California, Alaska and Ohio into the active duty. 

Colorado lawmakers lead bipartisan opposition to DOD plan for space-focused National Guard units

The draft proposal is the latest step in a long fight over the future of space-focused units that work on missions, such as missile defense and electromagnetic warfare. This year, governors from every state also joined the fray arguing that moving National Guard units into the active duty without their permission undermined their authority and federal law. 

House Armed Service Committee Ranking Member Rep. Adam Smith, D-Wash., dismissed concerns raised by Assistant Leader Rep. Joe Neguse, D- Lafayette, during a House Rules Committee Monday, about moving guardsmen without the permission of governors. Neguse noted that protecting the governors’ authority in this area received broad bipartisan support and he planned to submit an amendment reinstating it.

Smith said the overall number of guardsmen in the units is small, only 578 positions, and governors shouldn’t be worried about the precedent. Colorado units are home to 119 of those positions. 

“We honor the governors,” Smith said. “No one is going to start pulling 10,000 people out of the guard without the governors knowing about it.” 

Colorado leaders brace for new fight over Space Command location

He also said that creating Space National Guard as favored by Colorado lawmakers and the National Guard Association doesn’t make sense because the numbers are so small. The Air National Guard by comparison has more than 100,000 people. 

“The logical thing to do is to phase this out and move forward,” Smith said. 

The National Governor’s Association Chairman, Colorado Gov. Jared Polis, and Vice Chairman, Oklahoma Gov. Kevin Stitt, released a statement Monday opposing the proposal. 

“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,” the statement said. It also said the governors are reviewing their legal options if Congress approves the proposal.  

The U.S. House version of the NDAA had required permission from the governors to move National Guard units. 

Colorado lawmakers and the National Guard Association had both favored creating a standalone Space National Guard for space-focused guard units because they argue it would preserve the expertise of longtime space operators. 

A poll of guardsmen showed that 60% to 86% of about 1,000 guardsmen working in space would leave rather than transfer, The Gazette reported previously. The departure of so many experienced people will hurt national security, McGinn said. 

“You are going to basically destroy these units,” he said. 

Air Force Secretary Frank Kendall has opposed the creation of a Space National Guard and noted in April that transferring those guardsmen would represent at most 2% of the guard. He said that guardsmen could work part-time in the Space Force under a new model the youngest military branch is introducing. No other active-duty branches allow part-time service members. 

Members of the Air Force Reserve working in space-focused fields must transfer into the active duty under the plan or change fields. Those who applied earlier this year must be willing to work two years full-time in the active duty, The Gazette reported earlier this year.