To clarify limitations applicable to the authority to transfer functions of the Air National Guard to the Space Force.

SA 3601. 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) Rule of Construction.--Nothing in this section shall
be construed as--
``(1) authorizing the transfer of a member of the Air
National Guard of the United States other than on a one-time
basis as specified in subsection (c); or
``(2) setting future precedent with respect to waiving the
applicability of any provision of title 32.''.
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