S.Amdt. 3600

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.''.
______