[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Page S5343]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3600. Mr. HICKENLOOPER (for himself and Mr. Crapo) submitted an 
amendment intended to be proposed by him to the bill S. 2296, to 
authorize appropriations for fiscal year 2026 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title V, add the following:

     SEC. 515. LIMITATIONS APPLICABLE TO THE AUTHORITY TO TRANSFER 
                   SPACE FUNCTIONS OF THE AIR NATIONAL GUARD TO 
                   THE SPACE FORCE.

       Section 514 of the National Defense Authorization Act for 
     Fiscal Year 2025 (Public Law 118-159; 10 U.S.C. 20001 note) 
     is amended--
       (1) by redesignating subsection (k) as subsection (l); and
       (2) by inserting after subsection (j) the following new 
     subsection:
       ``(k) Limitations.--
       ``(1) Rule of construction.--Nothing in this section shall 
     be construed as--
       ``(A) authorizing the transfer of a member of the Air 
     National Guard of the United States other than on a one-time, 
     voluntary basis as specified in subsection (c); or
       ``(B) establishing future precedent with respect to waiving 
     the applicability of any provision of section 104 of title 
     32, United States Code, or section 18238 of title 10, United 
     States Code.
       ``(2) Continued applicability of certain provisions of 
     law.--All future force structure changes to National Guards 
     of the various States shall be conducted in accordance with 
     section 104 of title 32, United States Code, and section 
     18238 of title 10, United States Code.
       ``(3) Sustained consultation.--The transfer authorized 
     under this section shall not occur until after the Secretary 
     of the Air Force has engaged in sustained consultation with 
     the Governors of affected States and submitted to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on findings and recommendations 
     related to the transfer of units and voluntary transfers of 
     personnel from the Air National Guard and into the Space 
     Force resulting from such consultation. The report shall 
     include a section with direct comments and recommendations 
     regarding such transfer from affected State's Adjutants 
     General. For purposes of this paragraph, sustained 
     consultation means at least two meetings with affected State 
     Governors and Adjutants General, and any other actions that 
     the Secretary of the Air Force deems necessary and 
     relevant.''.
                                 ______