II 118THCONGRESS 2 DSESSION S. 3697 To establish the Space National Guard. IN THE SENATE OF THE UNITED STATES JANUARY31, 2024 Mr. R UBIO(for himself, Ms. BUTLER, Mr. HICKENLOOPER, Mr. RISCH, Mrs. B LACKBURN, Mr. CRAPO, Mr. SCOTTof Florida, Mr. BENNET, Ms. S INEMA, Mr. PADILLA, Mr. VANCE, Mr. HAGERTY, Mr. BRAUN, and Ms. M URKOWSKI) introduced the following bill; which was read twice and re- ferred to the Committee on Armed Services A BILL To establish the Space National Guard. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Space National Guard 4 Establishment Act of 2024’’. 5 SEC. 2. ESTABLISHMENT OF SPACE NATIONAL GUARD. 6 (a) E STABLISHMENT.— 7 (1) I N GENERAL.—There is established a Space 8 National Guard that is part of the organized militia 9 VerDate Sep 11 2014 02:14 Feb 03, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3697.IS S3697 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 3697 IS of the several States and Territories, Puerto Rico, 1 and the District of Columbia— 2 (A) in which the Space Force operates; 3 and 4 (B) active and inactive. 5 (2) R ESERVE COMPONENT .—There is estab-6 lished a Space National Guard of the United States 7 that is the reserve component of the United States 8 Space Force all of whose members are members of 9 the Space National Guard. 10 (b) C OMPOSITION.—The Space National Guard shall 11 be composed of the Space National Guard forces of the 12 several States and Territories, Puerto Rico, and the Dis-13 trict of Columbia— 14 (1) in which the Space Force operates; and 15 (2) active and inactive. 16 SEC. 3. NO EFFECT ON MILITARY INSTALLATIONS. 17 Nothing in this Act, or the amendments made by this 18 Act, shall be construed to authorize or require the reloca-19 tion of any facility, infrastructure, or military installation 20 of the Space National Guard or Air National Guard. 21 SEC. 4. IMPLEMENTATION OF SPACE NATIONAL GUARD. 22 (a) R EQUIREMENT.—Except as specifically provided 23 by this Act, the Secretary of the Air Force and the Chief 24 of the National Guard Bureau shall implement this Act, 25 VerDate Sep 11 2014 02:14 Feb 03, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3697.IS S3697 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 3697 IS and the amendments made by this Act, not later than one 1 year after the date of the enactment of this Act. 2 (b) B RIEFINGREQUIRED.— 3 (1) I N GENERAL.—Not later than 90 days after 4 the date of the enactment of this Act, and annually 5 for the five subsequent years, the Secretary of the 6 Air Force, the Chief of the Space Force, and the 7 Chief of the National Guard Bureau shall jointly 8 provide to the congressional defense committees a 9 briefing on the status of the implementation of the 10 Space National Guard pursuant to this Act and the 11 amendments made by this Act. 12 (2) E LEMENTS.—The briefing required by 13 paragraph (1) shall address— 14 (A) the current missions, operations and 15 activities, personnel requirements and status, 16 and budget and funding requirements and sta-17 tus of the Space National Guard; and 18 (B) such other matters with respect to the 19 implementation and operation of the Space Na-20 tional Guard as the Secretary and the Chiefs 21 jointly determine appropriate to keep Congress 22 fully and currently informed on the status of 23 the implementation of the Space National 24 Guard. 25 VerDate Sep 11 2014 02:14 Feb 03, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3697.IS S3697 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 3697 IS SEC. 5. CONFORMING AMENDMENTS AND CLARIFICATION 1 OF AUTHORITIES. 2 (a) D EFINITIONS.— 3 (1) T ITLE 10, UNITED STATES CODE.—Title 10, 4 United States Code, is amended— 5 (A) in section 101— 6 (i) in subsection (c)— 7 (I) by redesignating paragraphs 8 (6) and (7) as paragraphs (8) and 9 (9), respectively; and 10 (II) by inserting after paragraph 11 (5) the following new paragraphs: 12 ‘‘(6) The term ‘Space National Guard’ means 13 that part of the organized militia of the several 14 States and territories, Puerto Rico, and the District 15 of Columbia, active and inactive, that— 16 ‘‘(A) is a space force; 17 ‘‘(B) is trained, and has its officers ap-18 pointed under the sixteenth clause of section 8, 19 article I of the Constitution; 20 ‘‘(C) is organized, armed, and equipped 21 wholly or partly at Federal expense; and 22 ‘‘(D) is federally recognized. 23 ‘‘(7) The term ‘Space National Guard of the 24 United States’ means the reserve component of the 25 VerDate Sep 11 2014 02:14 Feb 03, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3697.IS S3697 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 3697 IS Space Force all of whose members are members of 1 the Space National Guard.’’; and 2 (B) in section 10101— 3 (i) in the matter preceding paragraph 4 (1), by inserting ‘‘the following’’ before the 5 colon; and 6 (ii) by adding at the end the following 7 new paragraph: 8 ‘‘(8) The Space National Guard of the United 9 States.’’. 10 (2) T ITLE 32, UNITED STATES CODE .—Section 11 101 of title 32, United States Code is amended— 12 (A) by redesignating paragraphs (8) 13 through (19) as paragraphs (10) through (21), 14 respectively; and 15 (B) by inserting after paragraph (7) the 16 following new paragraphs: 17 ‘‘(8) The term ‘Space National Guard’ means 18 that part of the organized militia of the several 19 States and territories, Puerto Rico, and the District 20 of Columbia, in which the Space Force operates, ac-21 tive and inactive, that— 22 ‘‘(A) is a space force; 23 VerDate Sep 11 2014 02:14 Feb 03, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3697.IS S3697 ssavage on LAPJG3WLY3PROD with BILLS 6 •S 3697 IS ‘‘(B) is trained, and has its officers ap-1 pointed under the sixteenth clause of section 8, 2 article I of the Constitution; 3 ‘‘(C) is organized, armed, and equipped 4 wholly or partly at Federal expense; and 5 ‘‘(D) is federally recognized. 6 ‘‘(9) The term ‘Space National Guard of the 7 United States’ means the reserve component of the 8 Space Force all of whose members are members of 9 the Space National Guard.’’. 10 (b) R ESERVECOMPONENTS.—Chapter 1003 of title 11 10, United States Code, is amended— 12 (1) by adding at the end the following new sec-13 tions: 14 ‘‘§ 10115. Space National Guard of the United States: 15 composition 16 ‘‘The Space National Guard of the United States is 17 the reserve component of the Space Force that consists 18 of— 19 ‘‘(1) federally recognized units and organiza-20 tions of the Space National Guard; and 21 ‘‘(2) members of the Space National Guard who 22 are also Reserves of the Space Force. 23 VerDate Sep 11 2014 02:14 Feb 03, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3697.IS S3697 ssavage on LAPJG3WLY3PROD with BILLS 7 •S 3697 IS ‘‘§ 10116. Space National Guard: when a component of 1 the Space Force 2 ‘‘The Space National Guard while in the service of 3 the United States is a component of the Space Force. 4 ‘‘§ 10117. Space National Guard of the United States: 5 status when not in Federal service 6 ‘‘When not on active duty, members of the Space Na-7 tional Guard of the United States shall be administered, 8 armed, equipped, and trained in their status as members 9 of the Space National Guard.’’; and 10 (2) in the table of sections at the beginning of 11 such chapter, by adding at the end the following new 12 items: 13 ‘‘10115. Space National Guard of the United States: composition. ‘‘10116. Space National Guard: when a component of the Space Force. ‘‘10117. Space National Guard of the United States: status when not in Federal service.’’. Æ VerDate Sep 11 2014 02:14 Feb 03, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S3697.IS S3697 ssavage on LAPJG3WLY3PROD with BILLS