The Senate approved the annual defense bill Wednesday that moves National Guard units into the active-duty Space Force after facing opposition from every governor in the country.
The Senate-approved National Defense Authorization Act moves two of the seven space-focused National Guard units in Colorado, the 137th Space Warning Squadron, based in Greeley, and the 138th Electromagnetic Warfare Squadron, at Peterson Space Force Base.
They are two of the 14 space-focused units in the country left behind in the Air National Guard when military space operations transitioned from the Air Force into the Space Force five years ago.
It also moves other space-focused units in other states, such as Florida, Hawaii, California, Alaska and Ohio. The bill reassigns 578 guard positions, with 119 of them in Colorado. It only transfers space operators, not their support units.
The plan has sparked outrage among governors who argue it undermines their authority over the National Guard and runs contrary to federal law.
'Very problematic': Colorado-based guard units could be transferred into active duty
The National Defense Authorization Act, still in draft form, proposes moving National Guard space operators into the Space Force, but not their support units.
Congressman Joe Neguse, D- Lafayette, tried to reintroduce an amendment that protected governors' authority in this area last week, but couldn't get traction. The same amendment received support from the U.S. House, but was stripped by the Senate.
But the fight over the future isn't done because a defense funding bill still in draft form prohibits any spending on the move. The funding bill would have to be reintroduced, but it could see a vote next year. Congress is putting off voting on a budget for next year that would include defense funding and is instead expected to vote on a continuing resolution this week to keep the government funded
Meanwhile, President-elect Donald Trump is set to take office in January and he previously told the National Guard Association of the United States he planned to create a Space National Guard. The association believes a dedicated space guard would allow units to stay in place and carry minimal cost.
While governors across the country have been united in their opposition to moving guard units without their approval, they did previously try to negotiate.
"Governors attempted to negotiate with the Air Force for months behind the scenes on this issue, but the Air Force refused to come to the table in any meaningful way," said Shelby Wieman, a spokeswoman for Colorado Gov. Jared Polis, in an email.
Instead, Air Force Secretary Frank Kendall sent a proposal to move space operators to congressional lawmakers without telling the governors, she said.
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"Weeks later, multiple Governors got on a call to attempt to get to a workable solution on the override to Governor authority. During that call Kendall did not budge on the issue or open the door to any meaningful engagement," she wrote, going on to say the issue is far from over.
Last week, Polis, the National Governors Association chairman, opposed the measure in an official statement.
"The decision undermines more than 100 years of precedent as well as national security and military readiness," it said, in part. It also said the governors are reviewing their legal options to oppose the bill, if it became law.
The Air Force did not respond to a request for comment.
The Ranking Member of the House Armed Services Committee Adam Smith, D- Wash, said during a committee meeting last week that the numbers of space operators was so small the governors shouldn't worry about precedent.
If the plan to move National Guardsmen moves forward, individuals could opt to stay in the guard and receive training for new roles.
The National Guard Association expected most guardsmen would not want to move into the active duty and the units would lose significant expertise.
The Space Force expects to offer part-time roles, the only military branch with that option for active-duty service members. But those are not available yet.
Funds for Colorado bases
The bill also approved some improvements for Colorado's bases, including $68 million for power independence at Buckley Space Force Base and $61 million for an ambulatory care center at Fort Carson. A spokesman for Evans Army Community Hospital could not immediately answer questions on the need for the care center.
Buckley Space Force Base didn't immediately respond to questions, either.
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